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Home My WebLink About2017-10-26 Council Agenda PacketThursday, October 26, 2017 1:00 PM City of Fresno 2600 Fresno Street Fresno, CA 93721 www.fresno.gov Council Chambers City Council President - Clinton J. Olivier Vice President - Esmeralda Z. Soria Councilmembers: Oliver L. Baines, III, Steve Brandau, Garry Bredefeld, Paul Caprioglio, Luis Chavez City Manager - Bruce Rudd City Attorney - Douglas T. Sloan City Clerk - Yvonne Spence, CMC Meeting Agenda - Final Regular Meeting October 26, 2017City Council Meeting Agenda - Final The Fresno City Council welcomes you to City Council Chambers, located in City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. The City of Fresno’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. The meeting room is physically accessible. If, as an attendee or participant at the meeting, you need additional accommodations such as interpreters, signers, assistive listening devices, or the services of a translator, please contact the Office of the City Clerk at (559) 621-7650 or clerk@fresno.gov. To ensure availability, you are advised to make your request at least 48 hours prior to the meeting. The agenda and related staff reports are available at www.fresno.gov, as well as in the Office of the City Clerk. The Council meeting can be viewed live on Comcast Channel 96 and AT&T Channel 99 from 9:00 a.m. and is re-played beginning at 8:00 p.m.. The meeting can also be viewed online at https://fresno.legistar.com. PROCESS: For each matter considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals, if present. Testimony from those in attendance will then be taken. All testimony will be limited to three minutes per person. If you would like to speak fill out a Speaker Request Form available from the City Clerk’s Office and in the Council Chambers. The three lights on the podium next to the microphone will indicate the amount of time remaining for the speaker. The green light on the podium will be turned on when the speaker begins. The yellow light will come on with one minute remaining. The speaker should be completing the testimony by the time the red light comes on and tones sound, indicating that time has expired. A countdown of time remaining to speak is also displayed on the large screen behind the Council dais. No documents shall be accepted for Council review unless they are submitted to the City Clerk at least 24 hours prior to the Council Agenda item being heard. Following is a general schedule of items for Council consideration and action. The City Council may consider and act on an agenda item in any order it deems appropriate. Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the item is called. AGENDA ITEMS MARKED WITH AN ASTERISK (***) ARE SUBJECT TO MAYORAL VETO OR RECONSIDERATION Page 2 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final El Consejo de la Ciudad de Fresno da la bienvenida al City Council Chambers, ubicado en la Alcaldía (City Hall), do piso, 2600 Fresno Street, Fresno, California 93721. El objetivo de la Ciudad de Fresno es cumplir con la Ley de Americanos con Discapacidades (ADA) en todo aspecto. La sala para juntas es físicamente accesible. Si usted, como asistente o participante de la junta, necesita acomodaciones adicionales coma intérpretes, lenguaje de señas, aparatos auditivos, o los servicios de un traductor, por favor comuníquese con la Oficina del Secretario Municipal llamando al (559) 621-7650 o al clerk@fresno.gov. Para asegurarse de la disponibilidad, se le recomienda llamar y hacer su petición por lo menos 48 horas antes de la junta. La agenda y los reportes de personal correspondientes están disponibles en el www.fresno.gov, o en la Oficina del Secretario Municipal. Las juntas del Municipio se pueden ver en el Canal 96 de Comcast y el Canal 99 de AT&T a las 9:00 a.m. y otra vez empezando a las 8:00 p.m. La junta también se puede ver en el internet en el https://fresno.legistar.com PROCESO: Por cada asunto que escuche el Consejo Municipal, habrá una presentación del personal seguida por una presentación de los individuos involucrados, si están presentes. El testimonio de los presentes se escuchará entonces. Todo testimonio se limitará a tres minutos por persona. Si usted desea hablar, Ilene la hoja para pedir hablar disponibles en la oficina del Secretario Municipal y en la Sala Consistorial. Las tres luces en el atril junto al micrófono indicarán cuanto tiempo le queda al orador. La luz verde en el atril se prenderá cuando el orador comience. La luz amarilia se prenderá cuando quede un minuto. El orador debería estar concluyendo su testimonio cuando la luz roja prenda y ci sonido indique que se acabo su tiempo. La cantidad del tiempo que queda también aparecerá en la pantalla grande atrás del Consejo Municipal. No se aceptarán documentos para que repase el Consejo Municipal a menos que se sometan al Secretario Municipal por lo menos 24 horas antes de que se escuche la Agenda del Consejo Municipal. Este es el horario general de temas para la consideración y acción del Consejo Municipal. El consejo Municipal pudiera considerar y tomar acción en un artículo de la Agenda en el orden que considere adecuado. Artículos con una hora fijada se pueden escuchar después de la hora indicada pero no antes de la hora indicada en la agenda. Se les recomienda a las personas que estén interesadas en un artículo de la agenda, que estén presentes durante toda la junta para asegurar su presencia cuando se presente ese artículo. Page 3 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final LOS ARTICULOS MARCADOS CON TRES ASTERISCOS (***) ESTAN SUJETOS A UN VETO POR PARTE DEL ALCALDE O UNA RECONSIDERACION Tso Fresno City Council tos txais koj rau City Council Chambers, nyob rau hauv City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California 93721. Lub hom phiaj ntawm nroog Fresno yuav ua kom tau txhua yam raw li txoj cai American with Disabilities Act (ADA) kom fwm txhua tus. Lub rooj sab laj txhua tus yuav tsum muaj feem koom kom tau, txawm yog cov tuaj koom, cov muaj feem rau lub rooj sab laj, yuav tsum kom muaj kev pab rau sawv daws xws li txhais lus, piav tes, tej twj mloog pob ntseg los yog ib tug txhais lus, thov hu rau Office of the City Clerk ntawm (559) 621-7650 los sis clerk@fresno.gov. Yuav kom paub tseeb tias npaj tau rau koj, koj yuav tsum tau hais ua ntej 48 xuab moos ntawm lub rooj sab laj. Daim ntawv kom tswj thiab tej ntaub ntawv cov ua dej num yuav coj los ceeb tshaj muaj nyob rau ntawm www.fresno.gov, los sis ntawm Office of the City Clerk. Council lub rooj sab laj saib pom rau hauv Comcast tshooj 96 thiab AT&T tshooj 99 thaum 9:00 teev sauv ntxoov thiab rov tso tawm thaum 8:00 teev tsaus ntuj. Lub rooj sab Iaj kuj saib tau online at https://fresno.legistar.com. TXUAS NTXIV: Txhua nqe laj txheej yuav tau pom zoo los ntawm cov council ua ntej thiab yuav tau muaj ib tug staff los cej luam dhau ntawd cov uas muaj feem cuam mam los cej luam ib tug zuj zus, yog tuaj nyob rau ntawd. Dhau ntawd yuav tso rau sawv daw los tawrn suab, ib leeg twg yuav los tawm suab tsuas pub peb(3) nas this xwb. Yog koj xav los tawm suab, mus sau rau daim ntawv (Speaker Request Form) muaj nyob rau hauv City Clerk's Office thiab nyob rau huav Council Chambers. muaj peb(3) lub teeb nyob rau ntawm lub podium uas puab rau ntawm lub (microphone) qhia tias tus neeg hais lus muaj sij haum ntev Ii cas xwb. Lub teeb ntsuab ntawm lub podium yuav cig thaum tus hais lus pib hais. Lub teeb daj yuav cig thaum tshuav ib(1) nas this. Tus hais lus yuav tsum hais kom tas rau thaum lub teeb liab cig thiab lub tswb nrov, qhia tias sij haum tas lawm. lb qhov ntxiv nyob rau saum daim (screen) loj loj dai rau tom cov council nrob qaurn yuav pom lub sij hawm dhia qis zuj zus los mus. Page 4 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final Cov council yuav tsis txais ib yam ntaub ntawv los saib ntxiv tshwj tsis yog twb muab xa rau City Clerk 24 teev thiab muab tso rau hauv daim kom tswj ua ntej council yuav los mloog tej xwm txheej. Dhau ntawd yuav muab sij hawm rau cov council los soj ntsuam thiab ua tes dej num, Coy tswv zos (City Council) yuav los ntsuam xyuas thiab leg raws tej nqe hauv daim kom tswj yog pom tias yam twg yuav tsim nyog. Mam muab lub sij hawm los xyuas raws tej txheej txheem tom qab tiam si yuav tsis yog ua ntej raws Ii daim kom tswj tau teev tseg. Cov uas txaus siab rau tei laj txheej uas tau teev tseg rau hauv daim kom tswj, xav kom nyob kom dhau lub rooj sab laj kom thaum hu txog nws thiaj nyob rau ntawd YOG QHOV MUAJ PEB LUB HNUB QUB (***) NYOB RAU HAUV DAIM KOM TSWJ YUAV RAUG MAYORAL VETO LOS SIS ROV SOJ NTSUAM DUA Page 5 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final 1:05 P.M. ROLL CALL Invocation by Dr. Joseph Jones, future President of Fresno Pacific University Pledge of Allegiance to the Flag APPROVE AGENDA CEREMONIAL PRESENTATIONS Proclamation of “Disability Awareness Month” and Recognition of the Disability Advisory Commission Award Recipients ID17-1185 Sponsors:Vice President Caprioglio and Office of Mayor & City Manager Proclamation of “Lively Arts Foundation“ID17-1333 Sponsors:Councilmember Bredefeld APPROVE MINUTES Approval of minutes from October 19, 2017ID17-115 Sponsors:Office of the City Clerk COUNCILMEMBER REPORTS AND COMMENTS 1. CONSENT CALENDAR All Consent Calendar items are considered to be routine and will be treated as one agenda item. The Consent Calendar will be enacted by one motion. Public comment on the Consent Calendar is limited to three (3) minutes per speaker. There will be no separate discussion of these items unless requested by a Councilmember, in which event the item will be removed from the Consent Calendar and will be considered as time allows. Approve Amendment No. 2 to the Copper River Ranch Water Supply Implementation Agreement approved by Fresno City Council on November 17, 2016 (Council District 6) ID17-14101-A Page 6 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final Sponsors:Department of Public Utilities RESOLUTION - Approving the Final Map of Tract No. 6153 and accepting dedicated public uses offered therein - North Friant Road and East Copper Avenue, within the Copper River Ranch Planned Community (Council District 6) ID17-13931-B Sponsors:Public Works Department ***BILL NO. B-58 - (Intro. 10/19/2017) (For adoption) Adding Article 32 to Chapter 9 of the Fresno Municipal Code, relating to Pedicabs which allow alcohol to be consumed onboard. (Subject to Mayor’s veto) ID17-14461-C Sponsors:Planning and Development Department, Public Works Department and Councilmember Soria Actions pertaining to the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue (Bid File 3559) (Council District 4): 1.Adopt a finding of Class 1 Categorical Exemption set forth in the California Environmental Quality Act Guidelines, Section 15301; 2.***RESOLUTION - 30th amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 to appropriate $167,800 to fund the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue (Requires 5 affirmative votes) (Subject to Mayor’s veto); 3.Award a Construction Contract to Cable Links Construction Group, Inc., in the amount of $152,583.40 to install an Intelligent Transportation System fiber optic line; 4.Authorize the Director of Public Utilities, or designee, to execute all documents on behalf of the City of Fresno. ID17-14251-D Sponsors:Department of Public Utilities Approve Services Agreement with ValveTek Utility Services, Inc., for the Neutral Output Discharge Elimination System (NO-DES) water distribution system ID17-14281-E Page 7 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final flushing services in Southeast Fresno for three months in the amount of $122,500 to reduce potential water quality issues for customers when the Southeast Surface Water Treatment Facility (SESWTF) begins providing treated water to the distribution system in May 2018 (City Wide) Sponsors:Department of Public Utilities BILL - (for Introduction) - Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Eagle Transportation and North Cal Hauling Company in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on November 30, 2017 (Citywide) ID17-14191-F Sponsors:Department of Public Utilities Approve First Amendment to the Amended and Restated Disposition and Development Agreement between Cesar Chavez Foundation and the City of Fresno ID17-14441-G Sponsors:Office of Mayor & City Manager Actions pertaining to a purchase contract with Papé Kenworth: 1.***RESOLUTION - 31st amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $306,000 for two Kenworth T300 cab and chassis, two utility bodies, and two high volume air compressors (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2.Approve the award of a purchase contract to Papé Kenworth of Fresno, CA, for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000 ID17-14121-H Sponsors:Department of Transportation Actions pertaining to a purchase contract with Papé Kenworth: 1. ***RESOLUTION - 32nd amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 appropriating $212,500 for Kenworth T300 cab and chassis, larger bodies, and high volume air compressors to complete this project (Requires 5 affirmative votes) ID17-14291-I Page 8 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final (Subject to Mayor’s veto) 2.Approve the award of a purchase contract to Papé Kenworth of Fresno CA, for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000 Sponsors:Department of Transportation CONTESTED CONSENT CALENDAR 2. SCHEDULED COUNCIL HEARINGS AND MATTERS 2:00 P.M. Anti-Slum Enforcement Team (ASET) Quarterly Status Report and Update on Rental Housing Improvement Act ID17-1440 Sponsors:Office of Mayor & City Manager and City Attorney's Office 2:10 P.M. Appearance by Mary Esther Correa to discuss the Code Enforcement fines she has incurred. (Speaker located in District 7) ID17-1462 2:15 P.M. WORKSHOP regarding High Speed Rail and Workforce Development ID17-1454 Sponsors:Council President Brandau 4:30 P.M.#1 HEARING to consider Plan Amendment Application No. A-17-008, Rezone Application No. R-17-011 and related Environmental Assessment No. A-17-008/R-17-011 as part of a City-initiated Plan Amendment and Rezone pursuant to Fresno Municipal Code (FMC) Section 15-5803: 1.ADOPT Environmental Assessment No. A-17-008/R-17 -011, a Mitigated Negative Declaration dated September 2017. 2.RESOLUTION - Approving Plan Amendment Application No. A-17-008 to amend the Fresno General ID17-1439 Page 9 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. 3.BILL - (For introduction and adoption) - Approving Rezone Application No. R-17-011 to amend the Official Zone Map to reclassify the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. 4.BILL - (For introduction) - Approving the Disposition Agreement and Development Agreement by and between the City of Fresno and Darling Ingredients Inc., pertaining to the relocation and the transfer and development of real property on the southwest corner of Jensen and Cornelia Avenues. Sponsors:Planning and Development Department 4:30 P.M.#2 HEARING - To consider the adoption of the Southwest Fresno Specific Plan and related Final Program Environmental Impact Report (FPEIR), State Clearinghouse (SHC) # 2017031012. The following applications have been filed by the Fresno City Council and pertain to approximately 3,255 acres in the DA-1 South Development Area: 1.RESOLUTION - Certifying Final Program EIR (SCH No. 2017031012), for the Southwest Fresno Specific Plan and related plan amendment, rezones, and text amendment to the Development Code. a.ADOPT Findings of Fact as required by Public Resources Code Section 21081(a) and CEQA Guidelines, Section 15091; and, b.ADOPT the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093; and c.APPROVE a Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097. ID17-1325 Page 10 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final 2.RESOLUTION - Approving Plan Amendment Application No A-17-13 which proposes to repeal the Edison Community Plan, pertaining to approximately 10,019 acres located in the DA-1 South Development Area 3.RESOLUTION - Approving Plan Amendment Application No. A-17-14 which proposes to adopt the October 2017 Redline Draft and accompanying technical map changes of the Southwest Fresno Specific Plan (Figure 3-2), and the changes recommended by Planning Commission on October 18, 2017, pertaining to approximately 3,255 acres located in the DA-1 South Development Area 4.RESOLUTION - Approving Plan Amendment Application No. A-17-15 which proposes to update the Land Use Map (Figure LU-1) and the Dual Designation Map (Figure LU-2) of the Fresno General Plan to incorporate the land use changes proposed in the Southwest Fresno Specific Plan and the changes recommended by Planning Commission on October 18, 2017; and to correspondingly amend the Fresno Chandler Executive Airport Land Use Compatibility Plan and the Fresno-Chandler Downtown Airport Master and Environs Specific Plan 5.BILL - (For Introduction) Approving Text Amendment Application No. TA-17-08 which proposes amendments to the Citywide Development (Fresno Municipal Code Chapter 15) to incorporate the Kearney Boulevard Historic Corridor (KB) Overlay District and the California Avenue Transit Corridor (CA) Overlay District 6.BILL - (For Introduction and Adoption) Approving Rezone Application No. R-17-17 which proposes to apply the Kearney Boulevard Historic Corridor (KB) Overlay District to approximately 50.65 acres and to apply the California Avenue Transit Corridor (CA) Overlay District to approximately 40 acres 7.BILL - (For Introduction and Adoption) Approving Rezone Application No. R-17-18 which proposes to rezone approximately 910 acres of property within the Southwest Fresno Specific Plan Area, including the changes Page 11 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final recommended by Planning Commission on October 18, 2017, to be consistent with the planned land use 8.RESOLUTION - Authorizing the Development and Resource Management Director or her designee to correct any typographical errors and update the text, policies, maps, tables, and exhibits contained in the Southwest Fresno Specific Plan, the Fresno General Plan and the Development Code to reflect the final action taken by the Council, to the extent that such updates are necessary to maintain consistency. Sponsors:Planning and Development Department Page 12 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final 3. GENERAL ADMINISTRATION Amend agreement with Infor to increase Enterprise Asset Management (EAM) software seat licensing within the Department of Public Utilities. (Citywide). ID17-14183-A Sponsors:Department of Public Utilities ***RESOLUTION - 33rd amendment to Annual Appropriation Resolution (AAR) No. 2017-165 to appropriate $861,600 for the installation of chemical feed equipment for water wells (Requires 5 affirmative votes) (Citywide) ID17-14263-B Sponsors:Department of Public Utilities WORKSHOP - Illegal DumpingID17-14243-C Sponsors:Department of Public Utilities 4. CITY COUNCIL BILL (for introduction) - Amending Section 14-2010 of the Fresno Municipal Code relating to lost or stolen residential parking permits. ID17-14484-A Sponsors:Baines III 5. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 505-060-19 (Portion) (Right of Way for Veteran’s Boulevard) Negotiating Parties: City Manager Wilma Quan-Schecter; Robert and Julie Mitchell ID17-13685-A Sponsors:City Attorney's Office PLEASE NOTE: UNSCHEDULED COMMUNICATION IS NOT SCHEDULED FOR A SPECIFIC TIME AND MAY BE HEARD ANY TIME DURING THE MEETING UNSCHEDULED COMMUNICATION Members of the public may address the Council regarding items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Page 13 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final Each person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a specified topic should contact the City Clerk’s Office at least ten (10) days prior to the desired date. Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report and possible scheduling on a future Council agenda. ADJOURNMENT UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTERS NOVEMBER 1, 2017 (Wednesday) - 2:00 P.M. - Employee Service Awards Ceremony - Council Chambers (Reception immediately following.) NOVEMBER 2, 2017 10:00 A.M. - HEARING - Producers Dairy SEIR, Development Permit and Variance NOVEMBER 9, 2017 10:00 AM #1- Fresno Regional Workforce Development Board Workshop NOVEMBER 9, 2017 10:00 AM #2- HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding City of Fresno Community Facilities District No. 9, Annexation No. 20 (Assessor’s Parcel Number 403-021-03, Development Permit Application No. 2016-031) (south side of East Shepherd between N. Millbrook and Cedar Avenues) (Council District 6) NOVEMBER 9, 2017 10:10 AM - TEFRA HEARING - To hear and consider information concerning the proposed issuance of Revenue Bonds by Independent Cities Finance Authority (the “Authority”) for the purpose of financing the refinancing and improvements to Westlake Mobilehome Park and the acquisition, and renovation of Millbrook Mobilehome Park NOVEMBER 30, 2017 10:00 AM - HEARING to adopt resolutions and ordinance amending Annexation No. 54 of the City of Fresno Community District No. 11, Final Tract Map No. 6073, to change the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (southeast corner of N. Fowler and E. Hamilton Page 14 City of Fresno ***Subject to Mayoral Veto October 26, 2017City Council Meeting Agenda - Final Avenues) (Council District 5) DECEMBER 7, 2017 10:00 AM - HEARING to adopt resolutions and ordinance amending Annexation No. 74 of the City of Fresno Community District No. 11, Final Tract Map No. 6139, to change the rate and method of apportionment of the special tax, and the Maximum Special Tax to be levied (northeast corner of North Polk Avenue and West Olive Avenue) (Council District 3) DECEMBER 14, 2017 10:00 AM - HEARING - Regarding the vacation of a public water maineasement and an emergency access easement south of Previously vacated E. Hamilton Avenue between S. Parallel Avenue and S. Third Avenue (Lyons Magnus). (Council District 5). UPCOMING EMPLOYEE CEREMONIES NOVEMBER 1, 2017 2:00 P.M. - Presentation of Employee Service Awards (Reception immediately following - 2nd floor foyer) 2017 CITY COUNCIL MEETING SCHEDULE NOVEMBER 2, 2017 - 8:30 A.M. NOVEMBER 9, 2017 - 8:30 A.M. NOVEMBER 16, 2017 - 1:30 P.M. NOVEMBER 23, 2017 - NO MEETING NOVEMBER 30, 2017 - 8:30 A.M. Page 15 City of Fresno ***Subject to Mayoral Veto City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1185 Agenda Date:10/26/2017 Agenda #: CEREMONIAL PRESENTATION Proclamation of “Disability Awareness Month” and Recognition of the Disability Advisory Commission Award Recipients City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1333 Agenda Date:10/26/2017 Agenda #: CEREMONIAL PRESENTATION Proclamation of “Lively Arts Foundation“ City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-115 Agenda Date:10/26/2017 Agenda #: MINUTES FOR APPROVAL Approval of minutes from October 19, 2017 City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1410 Agenda Date:10/26/2017 Agenda #:1-A REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities SUBJECT Approve Amendment No. 2 to the Copper River Ranch Water Supply Implementation Agreement approved by Fresno City Council on November 17, 2016 (Council District 6) RECOMMENDATION The Administration recommends the City Council approve Amendment No.2 to the Copper River Ranch Water Supply Implementation Agreement (Agreement)to address defaults and failures to timely fulfill Agreement obligations by the Developers of the Copper River Ranch Development (Copper River or the Project Area) . EXECUTIVE SUMMARY The Fresno City Council approved the Agreement on November 17,2016,whereby Developers are to provide 4,900 gallons per minute of firm water supply capacity within the Project Area in accordance with a mutually-agreed upon project completion schedule.The Agreement also includes a payment schedule for Developers’fair share contribution (Development Fee)related to the City‘s Northeast Surface Water Treatment Facility (NESWTF). On August 1,2017,Developers defaulted again on their Agreement obligations and have requested and amendment to the Agreement for a second time extension.Developers have agreed to pay $700,000.00 of their remaining $1,267,623.50 Development Fee obligation,with the final $567,623.50 Development Fee payment due by December 1, 2018. The Administration recommends City Council approve Amendment No.2 to the Agreement,which extends timelines to complete agreed upon water supply improvements and accelerates payment of Developers’ proportionate share reimbursement. BACKGROUND On March 1,2017,Developers defaulted on certain water supply construction obligations under the Agreement.In response to a notice of default,Developers requested an amendment to the City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1410 Agenda Date:10/26/2017 Agenda #:1-A Agreement for a one time extension in exchange for and accelerated Development Fee payment. On July 14,2017,City staff met with Developers’representative to discuss the completion status for water supply projects required as a condition of the Agreement (as extended by the First Amendment),the City’s right to cease issuance of certificates of occupancy within the Project Area due to a default condition,and the path forward options in the event a second default condition occurred. On August 1,2017,Developers defaulted on Agreement obligations by failing to timely construct and to complete the required work for PS 330,PS 370,and the Manganese Disposal Line to be constructed under the Agreement.In light of their second default,Developers requested that the City provide a second extension of time to allow them to complete the required water supply projects. After negotiations,the City has agreed to accommodate Developers and provide an additional opportunity to cure defaults by modifying the completion schedule for projects and payments required by the Agreement as follows: Milestone Requirement Originally Agreed Upon Completion Date New Required Completion Date Increase Capacity of PS 330 from 1,200 gpm to 1,800 gpm March 1, 2017 December 1, 2017 New PS 370 (minimum capacity 500 gpm)June 30, 2017 December 1, 2017 New PS 371 (minimum capacity 500 gpm)December 1, 2018 December 1, 2018 Mn Discharge Pipeline for PS 330, 369, 370, and 371 March 1, 2017 December 1, 2017 3rd Payment (1st Installment) Developer Fee Obligation - $700,000.00 December 1, 2018 Within 10 days of approving Amendment No. 2 - Estimated Nov. 6, 2017 3rd Payment (2nd Installment) Developer Fee Obligation - $567,623.50 December 1, 2018 December 1, 2018 The City’s Administration has authorized the continued issuance of certificates of occupancy for lots within the Project Area until such time that the Fresno City Council considers Amendment No.2. Should the Fresno City Council not approve Amendment No.2,the Administration will discontinue issuing certificates of occupancy in the Project Area effective 8:00 am on Friday, October 27, 2017. All other terms and conditions of the Agreement will remain in effect.However,by entering into Amendment No.2,the Developers acknowledge and agree that if they fail to timely perform,the City may cease issuing building permits and certificates of occupancy for any lots within the Project Area - without notice and without further opportunity to cure. The attached Amendment No. 2 to the Agreement has been approved as to form by the City Attorney. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines section 15378(b)(5),this is not a project for the purpose of CEQA,as City of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1410 Agenda Date:10/26/2017 Agenda #:1-A Pursuant to CEQA Guidelines section 15378(b)(5),this is not a project for the purpose of CEQA,as this is an organizational or administrative action of the government to enforce an existing obligation, and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference was not considered because this Agreement regarding water supply infrastructure development does not include a bid or award of a construction or services contract. FISCAL IMPACT There is no financial obligation for the General Fund for this Agreement.The $700,000.00 Development Fee installment to be made by the Developers under Amendment No.2 will be received into the Water Division Enterprise Fund to benefit the expansion and upgrade of the City’s NESWTF, and to secure adequate water supply capacity,reliability,and redundancy for area served by the NESWTF. Attachment: Second Amendment to the Copper River Ranch Water Supply Implementation Agreement City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ SECOND AMENDMENT TO THE COPPER RIVER RANCH WATER SUPPLY IMPLEMENTATION AGREEMENT DATED NOVEMBER 17, 2016 This SECOND AMENDMENT ("Second Amendment"), effective as of August 1, 2017 (the Effective Date), is between the CITY OF FRESNO, a municipal corporation ("City"), and CRD East, Inc., a California corporation ("Developer"), individually, a "Party", and jointly, the "Parties", to further amend the Copper River Ranch Water Supply Implementation Agreement, dated November 17, 2016, as previously amended (the "Agreement"). RECITALS A. Developer, as the anticipated primary developer of the Copper River Ranch Project (the Project), entered into the Agreement to memorialize its obligations to provide adequate water supply for the Project, including: (1) expansion of PS 330; (2) construction of the required additional water supply wells (including PS 369, 370, and 371) and related facilities (including the Disposal Bypass Line); and (3) address the fair share development fee for the NESWTP contemplated by the FEIR Mitigation Measures for the Project. B. As part of the Agreement, the parties agreed to certain milestone dates on which the above obligations were to be completed. As of March 1, 2017, Developer could not fulfill certain obligations under the Agreement. At Developer's request, City and Developer entered into a First Amendment to the Agreement dated March 23, 2017 (the "First Amendment"), to provide Developer additional time to fulfill its obligations. C. As of July 31, 2017, Developer failed to expand PS 330, construct PS 370 and construct the Disposal Bypass Line with deadlines provided in the Agreement. D. Following good faith discussions, the Parties have agreed: (1) Developer shall cure all defaults by December 1, 2017, and (2) Developer shall pay $700,000.00 of its remaining $1,267,623.50 Development Fee obligation within ten (10) days of executing this Second Amendment and shall pay the remaining $567,623.50 by December 1, 2018. E. Since entering into the Agreement, City has instituted a new, city-wide water capacity fee (the "New Water Capacity Fee") which encompasses and consolidates certain water-related fees previously separately charged for development. The Parties desire to clarify the rights and credits related to Water Project EDUs and EDU Allowance as described in Section 10 of the Agreement in relation to the New Water Capacity Fee. F. The Parties now desire to amend the terms of the Agreement to reflect their understanding. 1 1. 2 . 3. 4. AGREEMENT NOW, THEREFORE, the Parties agree: Recitals. The foregoing Recitals are incorporated by reference into this Second Amendment. Water Supply Obligation. Developer's deadlines to expand PS 330 and to construct PS 370 and the Disposal Bypass Line are extended to December 1 , 2017. Developer shall place PS 371 into service on, or before, December 1, 2018. Development Fee . The Development Fee payment schedule is further amended such that Developer shall pay City its remaining Development Fee obligation ($1,267,623.50) as follows: (a) $700,000.00 within ten (10) days of the full execution of this Second Amendment; and (b) the remaining $567,623.50 by December 1, 2018. Scope of EDU Allowance . Section 10 of the Agreement is replaced with the following: 10. EDU Allowance. Subject to Developer's performance of this Agreement, City shall provide the Project with 3,682 water EDUs (individually a "Project Water EDU" and collectively the "EDU Allowance") at no additional cost. Project Water EDUs for the Project in excess of the EDU Allowance will be subject to payment of the New Water Capacity Fee (or the City's then-current per EDU water capacity charge or fee.) If at any time in the future the City changes its water demand standard (currently 2.12 GPM), the table in Section 1 O.b. below shall be amended accordingly and the number of outstanding Water Project EDUs shall be modified to account for the increase or decrease in the demand standard. a. Scope of EDU Allowance. Per the FEIR, the Project shall include residential units, and mixed-use commercial and open space. Accordingly, the EDU Allowance shall include all classes and types of metered connections made to the public water supply system in the Project, including anticipated residential, commercial, irrigation, industrial, and institutional water connections. The entitlement to the EDU Allowance is the right and property of Developer and it is agreed that the EDU Allowance may be used to supply City water anywhere in the Project area. b. Lim itations . Each Project Water EDU represent a credit for water supply obligations only and Developer ( or other developers) utilizing Project Water EDUs remain responsible for payment of other fees and charges not related the water supply for the development in question such as the Second Amendment to the Copper River Ranch Water Supply Implementation Agreement 2 Transmission Grid Main (TGM) fee (currently $643/acre), and the TGM Bond Debt Service fee ( currently $243/acre ). c. EDU Calculation. All connections to the public water supply system shall be metered, and each metered connection shall be converted to an Equivalent Dwelling Unit (EDU) as described below: Water Meter Equivalent Project Connection Size Water EDU Up to 1 inch 1 EDU 1.5 inch 2 EDUs 2 inch 3.2 EDUs 3inch 6 EDUs 4inch 10 EDUs 6 inch 20 EDUs 8 inch 32 EDUs Greater than 8 inches As determined by the Director of Public Utilities 5. Certificates of Occupancy Withheld. The Parties agree that, notwithstanding Section 9 of the Agreement, Developer's failure to meet any of the new deadlines set forth herein entitles City to immediately cease to issue Certificates of Occupancy for units built within the Project. Unless otherwise agreed to in writing by the Parties, Developer shall not be entitled to any further opportunity to cure defaults related to deadlines hereby amended. 6. Acknowledgment. Except as expressly changed by this Second Amendment, the Agreement as previously amended remains in full force and effect and is ratified and affirmed by the Parties, 7. Counterparts. This Second Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart. 8. Exhibits. There are no Exhibits to this Second Amendment. Second Amendment to the Copper River Ranch Water Supply Implementation Agreement [SIGNATURES ON FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the Parties have executed this Second Amendment at Fresno, California, the day and year first above written. CITY DEVELOPER CITY OF FRESNO, CRD East, Inc., a California corporation a California municipal corporation By: Wilma Quan-Schecter, City Manager By: APPROVED AS TO FORM: DOUG T. SLOAN By: Raj S ngh Badhesha Dep · City Attorney ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy Second Amendment to the Copper River Ranch Water Supply Implementation Agreement 4 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1393 Agenda Date:10/26/2017 Agenda #:1-B REPORT TO THE CITY COUNCIL October 26, 2017 FROM:SCOTT L. MOZIER, PE, Director Public Works Department BY:ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division JONATHAN BARTEL, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT RESOLUTION -Approving the Final Map of Tract No.6153 and accepting dedicated public uses offered therein -North Friant Road and East Copper Avenue,within the Copper River Ranch Planned Community (Council District 6) RECOMMENDATION Staff recommends the City Council adopt a resolution approving the Final Map of Tract No.6153 and accepting the dedicated public uses offered therein,to authorize the Public Works Director or his designee to execute the subdivision agreement on behalf of the City. EXECUTIVE SUMMARY The Subdivider,Copper River Ranch Villages,LLC,a California Limited Liability Company,(Gary McDonald,President),has filed for approval,the Final Map of Tract No.6153 of Vesting Tentative Map No.6153,for a 41-lot single-family residential planned development subdivision with one outlot for private street and public utility purposes,one outlot for landscaping purposes and one outlot for emergency vehicle access purposes,located on North Friant Road and East Copper Avenue,within the Copper River Ranch Planned Community on 14.70 gross acres. BACKGROUND The Fresno City Planning Commission on January 25,2017,adopted Resolution No.13442 approving Vesting Tentative Map No.6153 (Tentative Map)for a 41-lot single-family residential planned development subdivision on 13.45 net acres at an overall density of 3.03 dwelling units per City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1393 Agenda Date:10/26/2017 Agenda #:1-B planned development subdivision on 13.45 net acres at an overall density of 3.03 dwelling units per acre.The Tentative Map was approved consistent with the Fresno General Plan and the Woodward Park Community Plan to comply with the provisions of the Subdivision Map Act.The approval of Vesting Tentative Map No.6153 will expire on January 25,2019.The Final Map is technically correct and conforms to the approved Tentative Map,the Subdivision Map Act and the Fresno Municipal Code.The provisions of Section 66474.1 of the Subdivision Map Act require a final map that is in substantial compliance with the approved tentative map to be approved by the City Council. The Subdivider has satisfied all other conditions of approval by executing the Subdivision Agreement for Tract No.6153,submitted securities in the total amount of $209,000.00 to guarantee the completion and acceptance of the public improvements and $104,500.00 for a payment security and has paid the miscellaneous and development impact fees due as a condition of approval for the Final Map in the amount of $92,246.28.Covenants have been executed to defer eligible development impact fees totaling $696,339.24 to the time of issuance of building permit and final occupancy of each unit,relinquishing access rights for certain lots and for special solid waste disposal services. The City Attorney’s Office has approved all documents as to form and the Risk Management Division has approved all security bonds and insurance certificates. WATER AGREEMENT:CRD East,Inc.,A California Corporation (Developer)has entered into a separate agreement with the City titled,“Copper River Ranch Water Supply Implementation Agreement”approved by the City Council on November 17,2016,that stipulates the water supply infrastructure that the Developer must construct and place into operation,in accordance with an agreed upon schedule,in order to receive building permits and certificates of occupancy for units associated with any project within the Copper River Ranch Development,including the Final Map. The Developer is aware and acknowledges that the Developer’s failure to complete the water supply infrastructure as required in the Copper River Ranch Water Supply Implementation Agreement will be deemed a default condition,and the City will have the right to cease issuing building permits and certificates of occupancy for any lots associated with the Final Map.Per the provisions of the Copper River Ranch Water Supply Implementation Agreement,the Developer has provided a current notarized Water Equivalent Dwelling Unit Allowance Letter in lieu of payment of the water capacity fee and construction of a water well. MAINTENANCE DISTRICT:A condition of approval of the Tentative Map is to maintain the landscaping and irrigation systems within street and landscaping easements,concrete curbs and gutters,valley gutters,entrance median curbs,median island and entrance street decorative concrete,hardscapes,sidewalks,curb ramps,street lighting,interior street paving,street furniture, pilasters,and street name signage within and adjacent to the Final Map in accordance with the adopted standards of the City.The Subdivider has satisfied the maintenance requirement for this Final Map with the establishment of City’s Community Facility District No.12 (CFD-12)which the City Council approved on July 19, 2006. ENVIRONMENTAL FINDINGS Pursuant to CEQA Guidelines Section 15268(b)(3),approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of aCity of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1393 Agenda Date:10/26/2017 Agenda #:1-B Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The Final Map is located in Council District 6.There will be no impact to the City’s General Fund. Approval by the Council will result in timely deliverance of the review and processing of the Final Map as is reasonably expected by the Subdivider.Prudent financial management is demonstrated by the expeditious completion of this Final Map inasmuch as the Subdivider has paid the City a fee for the processing of this Final Map and that fee is,in turn,funding the respective operations of the Public Works Department. Attachments: -Resolution -Final Map of Tract No. 6153 City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1446 Agenda Date:10/26/2017 Agenda #:1-C REPORT TO THE CITY COUNCIL October 26, 2017 FROM:Jennifer K. Clark, Director Development and Resource Management Scott L. Mozier, PE, Director Public Works Department THROUGH:Dan Zack, AICP, Assistant Director Development and Resource Management By:Drew Wilson, Planner Development and Resource Management SUBJECT ***BILL NO. B-58 - (Intro. 10/19/2017) (For adoption) Adding Article 32 to Chapter 9 of the Fresno Municipal Code, relating to Pedicabs which allow alcohol to be consumed onboard. (Subject to Mayor’s veto) RECOMMENDATIONS Staff recommends Council consider for introduction the proposed Ordinance adding Article 32 to Chapter 9 of the Fresno Municipal Code (FMC),relating to Pedicabs.The Ordinance regulates pedicabs which serve alcohol on board. EXECUTIVE SUMMARY The City of Fresno does not currently have an ordinance which regulates pedicabs that serve alcohol.This addition governs pedicabs and the owners and drivers of pedicabs and is necessary to protect the general safety and welfare of passengers using pedicabs for hire and pedestrians and motorists within the City. BACKGROUND The City of Fresno has been approached on many different occasions regarding the operation of pedicabs which serve alcohol within the City.On October 4,2015,Governor Brown approved Senate Bill 530,which amended Sections 467.5 and 23229 of,and to add Article 4.5 (commencing with Section 21215)to Chapter 1 of Division 11 of,and to repeal Section 21215.2 of,the Vehicle Code, relating to vehicles.Senate Bill 530 expanded the current laws governing pedicabs by expanding the City of Fresno Printed on 3/6/2023Page 1 of 2 powered by Legistar™ File #:ID17-1446 Agenda Date:10/26/2017 Agenda #:1-C relating to vehicles.Senate Bill 530 expanded the current laws governing pedicabs by expanding the definition of a pedicab;imposing specific requirements on pedicabs such as,but not limited to, training,safety,local authorization to operate,seating capacity,operator qualifications,accident reporting,loading and unloading of passengers,and financial responsibility;and allowing for the consumption of alcohol by passengers of a pedicab. The ordinance would allow for a growing industry to take advantage of the entertainment districts in Fresno,which includes a growing craft beer market.Downtown Fresno is on course for revitalization, and allowing for a variety of attractions provides the potential for patrons to support all local industries.This service has proven to be a great attraction in other cities,and has local support and encouragement from the Downtown Fresno Partnership.There are several local businesses and developers who are looking forward to the potential of the service as well as starting services. ENVIRONMENTAL FINDINGS By definition provided in the California Environmental Quality Act Guidelines Section 15378 this ordinance does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference does not apply because this ordinance does not include a bid or award a construction or services contract. FISCAL IMPACT No fiscal impact will occur as a result of adding the Pedicab Ordinance.All costs for licenses and services will be borne by the owners, operators and users of the pedicabs. Attachments:Pedicab Ordinance City of Fresno Printed on 3/6/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1425 Agenda Date:10/26/2017 Agenda #:1-D REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MICHAEL CARBAJAL, Planning Manager Department of Public Utilities - Utilities Planning & Engineering BY:ANITA LUERA, Senior Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT Actions pertaining to the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue (Bid File 3559) (Council District 4): 1.Adopt a finding of Class 1 Categorical Exemption set forth in the California Environmental Quality Act Guidelines, Section 15301; 2.***RESOLUTION -30th amendment to the Annual Appropriation Resolution (AAR)No.2017- 165 to appropriate $167,800 to fund the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue (Requires 5 affirmative votes) (Subject to Mayor’s veto); 3.Award a Construction Contract to Cable Links Construction Group,Inc.,in the amount of $152,583.40 to install an Intelligent Transportation System fiber optic line; 4.Authorize the Director of Public Utilities,or designee,to execute all documents on behalf of the City of Fresno. RECOMMENDATIONS Staff recommends that City Council adopt a finding of Class 1 Categorical Exemption set forth in the California Environmental Quality Act Guidelines (CEQA),Section 15301;adopt the 30th Amendment to the Annual Appropriation Resolution (AAR)No.2017-165 to appropriate $167,800 to fund the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue;award a Construction Contract to Cable Links Construction Group,Inc.,in the amount of $152,583.40 to install an Intelligent Transportation System (ITS)fiber optic line within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue;and authorize the Director of Public Utilities,or designee,to execute all documents City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1425 Agenda Date:10/26/2017 Agenda #:1-D on behalf of the City of Fresno. EXECUTIVE SUMMARY The Department of Public Utilities,Water Division,solicited contractor services to install an ITS fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue.Cable Links Construction Group,Inc.,was found to be the lowest responsive and responsible bidder with a bid in the amount of $152,583.40.These repairs are necessary to restore ITS communications impacted by the installation of the City of Fresno’s Phase 2 Regional Transmission Main (RTM) as part of the Recharge Fresno Project. BACKGROUND The Department of Public Utilities,Water Division,is currently installing the City of Fresno’s Phase 2 RTMs as part of the Recharge Fresno Project,and solicited contractor services to restore an ITS fiber optic line impacted by the project.The ITS fiber optic line repair is located within the right-of- way at Clovis Avenue between Olive Avenue and Lamona Avenue.The repairs are necessary to restore ITS communications that were lost after the existing ITS fiber optic line was damaged during construction activities related to installation of the RTM.ITS fiber optic lines synchronize traffic signals along City streets and also are a major transporter of information to emergency responders. Contractor services were solicited through the City of Fresno bidding process.A notice inviting bids was published in the Business Journal and posted on the City of Fresno website on August 24,2017. Project plans and specifications were distributed to four prospective bidders.Two sealed bid proposals were received and unsealed in a public opening on September 19, 2017. Cable Links Construction Group,Inc.submitted a bid price in the amount of $152,583.40 and is the lowest responsive and responsible bidder.The Staff Determination of Award was posted on the City of Fresno website on October 9,2017.The price submitted is 7.17%above the Engineer’s Estimate of $142,370. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines,Section 15301(b),as this contract is for the repair of an existing ITS fiber optic line and will not result in the expansion of the existing system.Furthermore,none of the exceptions to the Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE The lowest responsive and responsible bidder is a local business as defined in the Fresno Municipal Code Section 4-108(b). FISCAL IMPACT The project,which is located within Council District 4,will not impact the General Fund.Funds are available from retained earnings in the Water Enterprise Fund (40101).The approval of an amendment to the AAR is necessary to appropriate additional funds to award the contract for theCity of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1425 Agenda Date:10/26/2017 Agenda #:1-D amendment to the AAR is necessary to appropriate additional funds to award the contract for the installation of the ITS fiber optic line within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue.The RTM Project is primarily funded through a low-interest loan from the Drinking Water State Revolving Fund.This expenditure has been determined to not be eligible for loan reimbursement, so Water Enterprise funding will be appropriated. Attachments: Categorical Exemption 30th Amendment to the Annual Appropriation Resolution No. 2017-165 Evaluation of Bid Proposals & Fiscal Impact Statement Sample Contract City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 30th AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2017-165 APPROPRIATING $167,800 TO FUND THE INSTALLATION OF AN INTELLIGENT TRANSPORTATION SYSTEM FIBER OPTIC LINE LOCATED WITHIN THE RIGHT-OF-WAY ON CLOVIS AVENUE BETWEEN OLIVE AVENUE AND LAMONA AVENUE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby amended as follows: Increase/(Decrease) TO: DEPARTMENT OF PUBLIC UTILITIES Water Enterprise $ 167,800 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Water Enterprise Retained Earnings: Account: 25300 Unreserved/Undesignated $ 167,800 Fund: 40101 Org Unit: 411501 Total Retained Earnings $ 167,800 Appropriations: Account: 51101 Permanent Salaries $ 9,000 57507 Contract Construction 152,600 59117 Overhead 6,200 Fund: 40101 Org Unit: 411501 Project: WC00065 Total Appropriations $ 167,800 THAT the purpose is to provide funding for the installation of an Intelligent Transportation System fiber optic line located within the right-of-way on Clovis Avenue between Olive Avenue and Lamona Avenue. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO_ } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2017 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: _. , 2017 Mayor Approval/No Return: _. , 2017 Mayor Veto: _. , 2017 Council Override Veto: _. , 2017 YVONNE SPENCE, CMC City Clerk BY: __________________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1428 Agenda Date:10/26/2017 Agenda #:1-E REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:BUD TICKEL, Water System Manager Department of Public Utilities - Water Division BY:HENRY C. McLAUGHLIN, Business Manager Department of Public Utilities - Water Division SUBJECT Approve Services Agreement with ValveTek Utility Services,Inc.,for the Neutral Output Discharge Elimination System (NO-DES)water distribution system flushing services in Southeast Fresno for three months in the amount of $122,500 to reduce potential water quality issues for customers when the Southeast Surface Water Treatment Facility (SESWTF)begins providing treated water to the distribution system in May 2018 (City Wide) RECOMMENDATION Staff recommends that Council approve a Services Agreement in the amount of $122,500 with ValveTek Utility Services,Inc.,for the provision of distribution system NO-DES flushing services in Southeast Fresno to reduce water quality issues for customers when the SESWTF starts to provide treated water to the distribution system. EXECUTIVE SUMMARY As part of the planned startup of the City’s SESWTF,treated surface water will begin entering the distribution system in May 2018.In July 2018,it is anticipated that it will be producing 54 million gallons per day (MGD)of this water that will be distributed throughout the water system.The introduction of this water will increase velocity as well as change the direction of normal flows as the transition from wells to surface water is made. The purpose for contracting the NO-DES flushing is to completely flush the areas that will be affected by the increased flows developed by the new SESWTF.The groundwater wells tend to produce fine silts and sands that form a layer on the bottom of the distribution mains during the non-flushing years. Due to the recent droughts over multiple years,the Water Division has limited its flushing program for City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1428 Agenda Date:10/26/2017 Agenda #:1-E Due to the recent droughts over multiple years,the Water Division has limited its flushing program for the conservancy of ground water and sediments have built up.NO-DES is an advanced water main flushing practice that utilizes a mobile filtration system to flush and filter water mains clean without discharging any water to waste during operations. The Division has begun this effort by contracting with ValveTek to provide flushing during October for $40,000.This requested service agreement will allow for an additional three months of flushing services for a total of $122,500. Recently,the Division acquired a NO-DES flushing vehicle that will also be used to flush in Southeast Fresno and has a second truck on order that was planned to be used for this work.However,due to delivery delays,this equipment will not be available.The contracting of this service is necessary to supplement the City equipment to complete the flushing of the Southeast Fresno areas in time for the startup of the SESWTP. BACKGROUND As part of Recharge Fresno,the City is constructing the SESWTF to treat surface (river)water to drinking water standards and enable diversification of the City’s water supply.Substantial completion of construction is scheduled for May 2018.The facility will be fed with surface water from the Kings River through a newly constructed thirteen mile long Kings River Pipeline and will have initial and ultimate treatment capacities of 54 MGD and 80 MGD,respectively.Implementation of this and other ongoing major projects will reduce reliance on groundwater and alleviate depletion of the aquifer. The planned startup date for water deliveries from the SESWTF is May 2018,as part of the final commissioning of the facility.In July 2018,54 MGD of water is scheduled to be supplied to the distribution system for customer usage.This will greatly increase water velocity as well as change the direction of normal flows as the transition from groundwater is made to surface water.The groundwater wells tend to produce fine silts and sands that form a layer on the bottom of the distribution mains.Periodic flushing of the system is required to remove these sediment and deposits that may accumulate over time.It consists of opening fire hydrants at the ends of blocks and allowing the water to flow out at a high volume to scour the water mains and remove settled particles from the system.Flushing should be done annually throughout the system.However,due to the recent droughts over multiple years,the Water Division has limited its flushing program to conserve ground water. This means that even more sediments may be in the distribution system. The NO-DES flushing method is an environmentally friendly alternative to conventional water main flushing.Water quality is improved without wasting millions of gallons of potable water.Instead of water flowing out of fire hydrants and running to waste,the NO-DES process uses a trailer or truck mounted pumping,filtering,and rechlorinating system that circulates the water within the water distribution system.The NO-DES unit is connected with large hoses between two selected fire hydrants,creating a temporary loop in the water distribution system.ValveTek operators use AWWA prescribed velocities,passing the water through a series of Absolute 1.0 Micron filters that remove all sediment and particulate matter at no less than 5.0 ft/second.Disinfectant can be added through a timed slow-drip pump to further improve water quality and safety.Inline turbidity meters indicate when clarity levels have reached below 1.0 NTU,providing pin-point location specific data to determine when the flushing sequence can be concluded.Tests are taken throughout the operations and results are made available to their clients. City of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1428 Agenda Date:10/26/2017 Agenda #:1-E The purpose for contracting the NO-DES flushing is to completely flush the areas that will be affected by the increased flows developed by the new SESWTF to reduce customer complaints regarding water quality issues such as taste, odor, discoloration and sand. Recently,the Water Division purchased a NO-DES flushing vehicle that has been deployed to the Southeast area to begin flushing.A second flushing truck was also purchased and anticipated to be delivered by July 2017,to provide additional flushing capacity.However,there were issues with the acquisition of this equipment that has caused significant delays in delivery and it will not be available for this effort.Therefore,the services of ValveTek and their NO-DES vehicle will be required to complete the flushing of the Southeast area by the start up deadline of the SESWTF.The Division has begun this effort by contracting with ValveTek to provide flushing during October for $40,000. This requested service agreement will allow for an additional three months of flushing services at a total of $122,500 which is available within the FY 2018 Water Enterprise Operating budget. The City Attorney has reviewed and approved as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378 this item does not qualify as a “project” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because local preference is not required for this item. FISCAL IMPACT The General Fund will not be impacted.Funds are available in the FY 2018 Water Enterprise Fund Operations & Maintenance budget for this property maintenance service. Attachment: Service Agreement with ValveTek Utility Services, Inc. City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ -1- SERVICES AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT is made and entered into effective the ____ day of November 2017, by and between the City OF FRESNO, a California municipal corporation (City), and ValveTek Utility Services, Inc., a New York corporation (Vendor). RECITALS WHEREAS, City desires to obtain Neutral Output Discharge Elimination System (NO-DES) flushing services for NO-DES Water Main Flushing Services in Southeast Fresno (Project); and WHEREAS, Vendor is engaged in the business of furnishing services as a water system asset maintenance utility contractor and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Vendor acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and WHEREAS, this Agreement will be administered for City by its Director of Public Utilities (Administrator) or designee. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows: 1. Scope of Services. Vendor shall perform to the satisfaction of City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A. 2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through January 31, 2018, subject to any earlier termination in accordance with this Agreement. The services of Vendor as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A. -2- 3. Compensation. (a) Vendor’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee of $122,500.00. Such fee includes all expenses incurred by Vendor in performance of the services. (b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to Vendor’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. Vendor shall not be entitled to any additional compensation if services are performed prior to a signed written amendment. 4. Termination, Remedies, and Force Majeure. (a) This Agreement shall terminate without any liability of City to Vendor upon the earlier of: (i) Vendor’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Vendor; (ii) 7 calendar days prior written notice with or without cause by City to Vendor; (iii) City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, Vendor shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to City any and all unearned payments and all properties and materials in the possession of Vendor that are owned by City. Subject to the terms of this Agreement, Vendor shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Vendor shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of Vendor to satisfactorily perform in accordance with the terms of this Agreement, City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, City’s damages caused by such failure. In no event shall any payment by City pursuant to this Agreement constitute a waiver by City of any breach of this Agreement which may then exist on the part of Vendor, nor shall such payment impair or prejudice any remedy available to City with respect to the breach. -3- (d) Upon any breach of this Agreement by Vendor, City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that City improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience. (e) Vendor shall provide City with adequate written assurances of future performance, upon Administrator’s request, in the event Vendor fails to comply with any terms or conditions of this Agreement. (f) Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Vendor and without its fault or negligence such as, acts of God or the public enemy, acts of City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. Vendor shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence. 5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by Vendor pursuant to this Agreement shall not be made available to any individual or organization by Vendor without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Vendor shall not, without the prior written consent of City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in City. (b) Any and all writings and documents prepared or provided by Vendor pursuant to this Agreement are the property of City at the time of preparation and shall be turned over to City upon expiration or termination of the Agreement. Vendor shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Vendor should subcontract all or any portion of the services to be performed under this Agreement, Vendor shall cause each subcontractor to also comply with the requirements of this Section 5. -4- (d) This Section 5 shall survive expiration or termination of this Agreement. 6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Vendor represents to City that Vendor and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, City relies upon the skill of Vendor and any subcontractors to do and perform such services in a skillful manner and Vendor agrees to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by City shall not operate as a release of Vendor or any subcontractors from said professional standards. 7. Indemnification. To the furthest extent allowed by law, Vendor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Vendor, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If Vendor should subcontract all or any portion of the services to be performed under this Agreement, Vendor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. This section shall survive termination or expiration of this Agreement. 8. Insurance. (a) Throughout the life of this Agreement, Vendor shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by City’s Risk Manager or designee at any time and in his/her sole discretion. (b) If at any time during the life of the Agreement or any extension, Vendor or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Vendor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Vendor of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received -5- by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Vendor shall not be deemed to release or diminish the liability of Vendor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Vendor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Vendor, its principals, officers, agents, employees, persons under the supervision of Vendor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (d) Upon request of City, Vendor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (e) If Vendor should subcontract all or any portion of the services to be performed under this Agreement, Vendor shall require each subcontractor to provide insurance protection in favor of City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Vendor and City prior to the commencement of any services by the subcontractor. 9. Conflict of Interest and Non-Solicitation. (a) Prior to City’s execution of this Agreement, Vendor shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C. During the term of this Agreement, Vendor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Vendor in such statement. (b) Vendor shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of City, Vendor shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Vendor and the respective subcontractor(s) are in full compliance with all laws and regulations. Vendor shall take, and require its subcontractors to take, reasonable steps -6- to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, Vendor shall immediately notify City of these facts in writing. (c) In performing the work or services to be provided hereunder, Vendor shall not employ or retain the services of any person while such person either is employed by City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager, if no actual or potential conflict is involved. (d) Vendor represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder. (e) Neither Vendor, nor any of Vendor’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. Vendor and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, Vendor shall remain responsible for complying with Section 9(b), above. (f) If Vendor should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Vendor shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement. 10. Recycling Program. In the event Vendor maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Vendor at its sole cost and expense shall: (i) Immediately establish and maintain a viable and ongoing recycling program, approved by City’s Solid Waste Management Division, for each office and facility. Literature describing City recycling programs is available from City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (ii) Immediately contact City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. -7- (iii) Cooperate with and demonstrate to the satisfaction of City’s Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof. 11. General Terms. (a) Except as otherwise provided by law, all notices expressly required of City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of Vendor’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of Vendor pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to City until such action is resolved, or until the end of said time period whichever shall later occur. If Vendor should subcontract all or any portion of the services to be performed under this Agreement, Vendor shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by City, Vendor shall have provided evidence to City that Vendor is licensed to perform the services called for by this Agreement (or that no license is required). If Vendor should subcontract all or any portion of the work or services to be performed under this Agreement, Vendor shall require each subcontractor to provide evidence to City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work. 12. Nondiscrimination. To the extent required by controlling federal, state and local law, Vendor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, Vendor agrees as follows: (a) Vendor will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the -8- Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Vendor will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Vendor shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Vendor’s employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. (d) Vendor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of Vendor’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Vendor should subcontract all or any portion of the services to be performed under this Agreement, Vendor shall cause each subcontractor to also comply with the requirements of this Section 12. 13. Independent Contractor. (a) In the furnishing of the services provided for herein, Vendor is acting solely as an independent contractor. Neither Vendor, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of City for any purpose. City shall have no right to control or supervise or direct the manner or method by which Vendor shall perform its work and functions. However, City shall retain the right to administer this Agreement so as to verify that Vendor is performing its obligations in accordance with the terms and conditions thereof. -9- (b) This Agreement does not evidence a partnership or joint venture between Vendor and City. Vendor shall have no authority to bind City absent City’s express written consent. Except to the extent otherwise provided in this Agreement, Vendor shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, Vendor and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Vendor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Vendor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Vendor’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, Vendor may be providing services to others unrelated to City or to this Agreement. 14. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof. 15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. Assignment. (a) This Agreement is personal to Vendor and there shall be no assignment by Vendor of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Vendor, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. -10- (b) Vendor hereby agrees not to assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Vendor directly to Vendor. 17. Compliance With Law. In providing the services required under this Agreement, Vendor shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement. 18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. 19. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 20. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement. 21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions. 22. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning. 23. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. 24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement. -11- 25. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void. 26. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Vendor. [Signatures follow on the next page.] Page 1 of 2 EXHIBIT A SCOPE OF SERVICES Service Agreement between City of Fresno (City) and ValveTek Utility Services, Inc. (Vendor) NO-DES Water Main Flushing Services in Southeast Fresno Project Background: ValveTek Utility Services is to provide a patented technology, NO-DES Water Main Flushing, for the use of flushing City of Fresno’s drinking water system. ValveTek is sole source provider of this technology, licensed in California as a contractor, and registered as a vendor with the City. The goal of this project is to use NO-DES Water Main Flushing equipment to flush and clean the interior of water main lines within the City of Fresno’s infrastructure limits to facilitate a higher water quality and to promote conservation of water on a municipal level. ValveTek will conduct this operation throughout the SE water distribution service area, as directed by City Crews. ValveTek’s flushing crew, on average, flushes 1.5 – 2 miles of main line per day (7,920’ – 10,560’ lineal feet). Starting Oct 2, 2017, ValveTek will perform patented NO-DES Water Main Flushing Services for City of Fresno for at least (3) months (60 business days), 40 hours per week, 8 hours per day. The quoted cost by ValveTek to City of Fresno for this service is $2,000 per day not including mobilization costs or any incurred overtime. Filter element costs will be incurred by City of Fresno only, ValveTek will NOT supply filters for the work performed. Flushing of the City of Fresno’s water system shall result in a Total Project Baseline Cost of $122,500.00. Invoicing will be sent to the City of a weekly basis and is on Net 30 terms. Work Tasks: ValveTek’s NO-DES Flushing Crew will work side by side with City of Fresno water officials to coordinate flushing sequences daily in order to accomplish as much flushing work as possible within the 8-hour day. There will be a total of (1) ValveTek employee on site for the duration of this work. Flushing work is dependent on availability of filters which is the City’s responsibility to provide to ValveTek’s operation. ValveTek’s flushing crew will follow an identical schedule to the City’s employee schedule excluding work times over the regular 40-hour work week. Holidays will be observed as the City of Fresno observes them. City of Fresno staff are obligated to assist ValveTek’s operation by providing manpower/labor for assisting ValveTek’s employee on site and by providing a valve turning crew for use during the operational day. The NO-DES system is connected to two hydrants or blow-off’s, the hydrants are then opened and the NO-DES unit is pressurized; the NO-DES system becomes a temporary loop in the distribution system. The NO-DES pump, circulates water at desired flows in the opposite direction of the natural flow of the main being flushed. As the water is Page 2 of 2 circulated within the temporary loop by the NO-DES unit it passes through our multi- filtration system, which removes particles down to one micron “absolute” in size. The process removes contaminants, sand, sediment, iron, manganese, and biofilm from the interior of the water mains being targeted. The NO-DES flushing method and process is designed to address the waste of water, NPDES issues and program costs compared with conventional flushing techniques. The NO-DES flushing system is designed to replace existing, conventional flushing programs that waste vast amounts of water and raise NPDES and other issues. Data recorded during the flushing operation will be written on a City provided flushing report and handed directly to City officials at the end of each work day or at the end of each work week. City of Fresno will not receive digitally sent reports from ValveTek. Page 1 of 4 EXHIBIT B INSURANCE REQUIREMENTS Service Agreement between City of Fresno (City) and Valve TEK Utility Services, Inc. (Vendor) NO-DES Water Main Flushing Services in Southeast Fresno Minimum Scope of Insurance Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations, products and completed operations, and contractual liability. 2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto). 3. Workers’ Compensation insurance as required by the California Labor Code and Employer’s Liability Insurance. 4. Professional Liability (Errors and Omissions) insurance appropriate to Vendor’s profession. Architect’s and engineer’s coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Vendor shall maintain limits of liability of not less than: 1. General Liability: $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage Page 2 of 4 3. Employer’s Liability: $1,000,000 each accident for bodily injury $1,000,000 disease each employee $1,000,000 disease policy limit 4. Professional Liability (Errors and Omissions): $1,000,000 per claim/occurrence $2,000,000 policy aggregate Umbrella or Excess Insurance In the event Vendor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). Deductibles and Self-Insured Retentions Vendor shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Vendor shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees, agents and volunteers; or (ii) Vendor shall provide a financial guarantee, satisfactory to City’s Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions. Other Insurance Provisions The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. 2. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. 3. Vendor’s insurance coverage shall be primary and no contribution shall be required of City. Page 3 of 4 The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: Vendor and its insurer shall waive any right of subrogation against City, its officers, officials, employees, agents and volunteers. If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Vendor. 2. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Vendor, Vendor must purchase extended reporting coverage for a minimum of 5 years following the expiration or termination of the Agreement. 4. A copy of the claims reporting requirements must be submitted to City for review. 5. These requirements shall survive expiration or termination of the Agreement. All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Vendor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Vendor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy. Acceptability of Insurers All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by City’s Risk Manager. Page 4 of 4 Verification of Coverage Vendor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or his/her designee prior to City’s execution of the Agreement and before work commences. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1419 Agenda Date:10/26/2017 Agenda #:1-F REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:JERRY L. SCHUBER SR., Assistant Director Department of Public Utilities, Solid Waste Management Division SUBJECT BILL -(for Introduction)-Granting a non-exclusive roll-off franchise for roll-off collection within the City of Fresno to Eagle Transportation and North Cal Hauling Company in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on November 30, 2017 (Citywide) RECOMMENDATION Staff recommends the City Council introduce an ordinance which grants a non-exclusive roll-off collection franchise to Eagle Transportation and North Cal Hauling Company,in preparation for a public hearing on the matter and final vote to approve the non-exclusive roll-off franchise on November 30, 2017. EXECUTIVE SUMMARY The City Council approved an ordinance establishing a non-exclusive roll-off collection franchise system for private haulers under City Charter Article XIII,Section 1300 on July 21,2011.To date,twenty four (24)companies have applied and been approved to become franchisees.The most recent applications require City Council approval to be added to the list of franchisees. BACKGROUND On July 21,2011,City Council adopted an ordinance establishing a non-excusive roll-off collection franchise system to regulate roll-off hauler collection activities. The volume of roll-off materials collected is approximately 20-25%of the solid waste stream and highly recyclable, therefore the City has implemented the system to: ·Comply with current and anticipated State regulations related to the diversion of such materials from landfill diversion; ·Implement the goals of the City’s AB 939 Plan including the Source Reduction and Recycling Element as adopted City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1419 Agenda Date:10/26/2017 Agenda #:1-F by the City Council; ·Support the goals of the City to achieve 75%diversion by 2012 and Zero Waste by 2025,which were adopted by City Council by establishing minimum diversion standards for roll-off materials (50%of C&D materials and 70%of recyclables); and ·Increase the fees received from these companies from the previous material diversion fee of $17.70 per service location to a 10%franchise fee.Over the past 5-year term of the agreement the City of Fresno has received revenues of $3,018,938 from non-exclusive roll-off. Roll-Off Hauler Application Process Haulers may apply to the City to obtain a non-exclusive roll-off franchise. The applicant must describe and/or provide: ·Information about the company ·Qualifications of the company, which must include: ―Names and addresses (1)officers,directors,and associates;(2)persons and entities having five percent or more of ownership;and (3)Any parent or subsidiary or business entity owning or controlling in whole or in part applicant ―Description of applicant’s experience ―Municipal references ―Customer references ―Proof of insurance ―Litigation and regulatory history ―Criminal history ·Operations Information ―Diversion plan ―Description of equipment (trucks and containers) ―Collection schedule ―Description of the types of materials to be collected ―Processing facilities collector intends to use ―Hazardous waste procedures ―Customer service plans ―Billing services ·Other information that may be requested by the Director of Department of Public Utilities. All franchise applications have been thoroughly reviewed and vetted by internal city staffs, who are experts in this area. Next Steps Per the City Charter,if the non-exclusive roll-off collection franchises are to be awarded,the City Council must perform an introduction and first reading of an ordinance awarding the franchise.A public hearing for this issue will then be held on November 30, 2017. At the conclusion of the public hearing, the City Council will decide whether to award the franchise. If approved by City Council,the Director of the Public Utilities Department will execute the agreements with the franchisees listed on (Attachment A). ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Local preference was not implemented because a resolution declaring an intention to award a non-exclusive roll-off City of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1419 Agenda Date:10/26/2017 Agenda #:1-F franchise is not an award of a services or construction contract. FISCAL IMPACT In FY 2018, the City anticipates receiving approximately $743,416 in total annual franchise fees from roll-off haulers. Attachments: Attachment “A” Ordinance Granting Non-Exclusive Franchises (Attachment 1) Non-Exclusive Franchise Agreement - Eagle Transportation (Attachment 2) Non-Exclusive Franchise Agreement - North Cal Hauling (Attachment 3) City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ Attachment A Business Name Full Legal Name 1 Eagle Transportation Eagle Transportation 2 North Cal Hauling North Cal Hauling Company List of Grantees NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND ~oQ.... --n cA-L, \-\-IA-U.\\. \I\{\ FOR ROLL-OFF COLLECTION SERVICES ---~~~~~_,20..[J This page intentionally blank Table of Contents RECITALS ........................................................................................................................ 1 ARTICLE DEFINITIONS ................................................................................................... 2 ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF THECONTRACTOR ........... 9 2.1 REPRESENTATIONS AND WARRANTIES .......................................................... 9 ARTICLE 3 TERM OF AGREEMENT ............................................................................... 11 3.1 EFFECTIVE DATE ................................................................................................ 11 3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMEN ......................................... 11 3.3 INITIAL TERM ....................................................................................................... 11 3.4 OPTION TO EXTEND ........................................................................................... 12 ARTICLE 4 SCOPE OF AGREEMENT ........................................................................... 12 4.1 SCOPE OF AGREEMENT .................................................................................... 12 4 .2 LIMITATIONS TO SCOPE .................................................................................... 13 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS .......... 14 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE .................................................................................................... 14 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW ..................................... 14 4.6 OWNERSHIP OF MATERIALS ............................................................................. 14 4.7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS ............................. 15 ARTICLE 5 COLLECTION, PROCESSING, AND DISPOSAL SERVICES ...................... 15 5 .1 COLLECTION ....................................................................................................... 15 5 .2 PROCESSING AND MARKETING SERVICES ..................................................... 15 5.3 DIVERSION REQUIREMENT ............................................................................... 17 5.4 DISPOSAL ............................................................................................................ 17 5.5 BILLING ................................................................................................................ 18 5.6 CUSTOMER SERVICE ......................................................................................... 18 ARTICLE 6 STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL ........................................................................................................... 19 6.1 OPERATING DAYS, HOURS, AND SCHEDULES ................................................ 19 6 .2 COLLECTION STANDARDS ................................................................................ 19 6.3 VEHICLE REQUIREMENTS ................................................................................. 20 6.4 ROLL-OFF CONTAINER REQUIREMENTS ......................................................... 22 6.5 PERSONNEL ........................................................................................................ 23 6.6 HAZARDOUS WASTE INSPECTION AND HANDLING ........................................ 24 6.7 NON-DISCRIMINATION ....................................................................................... 25 6.8 COMMUNICATION AND COOPERATION WITH CITY ......................................... 25 ARTICLE 7 RECORD KEEPING AND REPORTING ....................................................... 25 7 .1 GENERAL ............................................................................................................. 25 7 .2 RECORDS ............................................................................................................ 27 7.3 GENERAL REPORTING REQUIREMENTS ......................................................... 28 7.4 MONTHLY REPORT .............................................................................................. 28 7.5 AB 939 COUNTY SURCHARGE REPORTING ..................................................... 29 ARTICLE 8 FRANCHISE FEES AND OTHER FEES ....................................................... 30 8.1 GENERAL ............................................................................................................. 30 8.2 FRANCHISE FEE .................................................................................................. 30 8.3 OTHER FEES ....................................................................................................... 30 8.4 ADJUSTMENT TO FEES ...................................................................................... 30 8.5 PAYMENT SCHEDULE AND LATE FEES ............................................................ 30 8.6 OVERPAYMENT OF FEES .................................................................................. 31 8.7 NON-CITY FEES; AB 939 COUNTY SURCHARGE ............................................. 31 ARTICLE 9 CONTRACTOR'S COMPENSATION AND RATES ...................................... 31 9.1 CONTRACTOR'S COMPENSATION .................................................................... 31 9.2 CITY'S RIGHT TO SET MAXIMUM RATES .......................................................... 31 9.3 CONTRACTOR'S RATES ..................................................................................... 32 ARTICLE 10 INDEMNITY AND INSURANCE .................................................................. 32 10.1 INDEMNIFICATION .............................................................................................. 32 10.2 INSURANCE ......................................................................................................... 33 ARTICLE 11 DEFAULT AND REMEDIES ........................................................................ 37 11.1 EVENTS OF DEFAULT. ........................................................................................ 37 11.2 RIGHT TO TERMINATE UPON DEFAULT ........................................................... 39 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE ......................... 39 11.4 LIQUIDATED DAMAGES ...................................................................................... 39 11.5 DIVERSION NON-PERFORMANCE ..................................................................... 41 11.6 CONDITIONS UPON TERMINATION ................................................................... 42 ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES ................................................ 43 12.1 RELATIONSHIP OF PARTIES .............................................................................. 43 12.2 PERMITS AND LICENSES ................................................................................... 43 12.3 COMPLIANCE WITH LAW .................................................................................... 43 12.4 GOVERNING LAW ............................................................................................... 43 12.5 JURISDICTION ..................................................................................................... 43 12.6 BINDING ON SUCCESSORS ............................................................................... 43 12.7 ASSIGNMENT ...................................................................................................... 44 12.8 PARTIES IN INTEREST ........................................................................................ 44 12.9 WAIVER ................................................................................................................ 44 12.10 NOTICE PROCEDURES ...................................................................................... 44 12.11 REPRESENTATIVES OF THE PARTIES .............................................................. 45 12.12 CRIMINAL ACTIVITY OF CONTRACTOR ............................................................ 45 12.13 ACKNOWLEDGMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE ...................................................................................................... 47 ARTICLE 13 MISCELLANEOUS AGREEMENTS ............................................................ 47 13.1 ENTIRE AGREEMENT ......................................................................................... 47 13.2 SECTION HEADINGS ........................................................................................... 47 13.3 REFERENCES TO LAWS ..................................................................................... 47 13.4 INTERPRETATION ............................................................................................... 4 7 13.5 PRONOUNS AND PLURALS; TENSE .................................................................. 47 13.6 TEXT TO CONTROL ............................................................................................. 48 13. 7 AMENDMENT ....................................................................................................... 48 13.8 SEVERABILITY ..................................................................................................... 48 13.9 COUNTERPARTS ................................................................................................ 48 13.10 EXHIBITS .............................................................................................................. 48 List of Exhibits A Schedule for Liquidated Damages B Secretary's Certification C Statement of Applicant's Understanding and Representations D Approved Processing and Residue Disposal Facilities This page intentionally blank NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF FRESNO AND N'o,117 ~ !lapn(?f FOR ROLL-OFF COLLECTION SERVICES This non-~xclusive franchise agreement (Agreement) is made and entered into this 'Z$ day of ,/~ ·~ and be~n \t)e ~ of Fresno, a municipal corporation ("City"), and -~If,/ {H7/Ai_/!,p a t)Ul_ fl!Y111i!J!11.'/(Contractor"). RECITALS This Agreement is entered into with reference to the following facts and circumstances: WHEREAS, the Legislature of the State of California ("State"), by enactment of the California Integrated Waste Management Act of 1989, codified at California Public Resources Code Section 40000 et seq. ("Act") ), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for Solid Waste Collection within their jurisdiction; and WHEREAS, the State has found and declared the amount of Solid Waste generated in California, coupled with diminishing landfill space and potential adverse environmental impacts from landfilling and the need to conserve natural resources, have created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. The State has, through enactment of the Act, directed the responsible State agency and all local agencies, to promote Disposal Site Diversion and to maximize the use of feasible Solid Waste reduction, re- use, Recycling, and Composting options in order to reduce the amount of Solid Waste that must be Disposed of in Disposal Sites; and, WHEREAS, the Act requires local agencies to divert 75% of discarded materials from landfills; and, WHEREAS, the City Council established goals of achieving 75% diversion by 2012 and zero w~ste status by 2025 on June 26, 2007, and approved a Zero Waste Strategic Action Plan on February 11, 2009; and WHEREAS, the City finds that reusing, Recycling, and Composting Recyclable Materials, Organic Materials, and Construction and Demolition Debris (C&D) and beneficial use or composting of Organic Materials is essential to further the City's efforts to reduce Solid Waste Disposal and comply with the Act and the City's zero waste goals; and WHEREAS, pursuant to the powers granted the City as a charter city by Article XI, Section 5(a) of the California Constitution and Article XIII of the Charter of the City of Fresno, the City has determined that the public health, safety, and well-being City of Fresno Roll-Off Agreement 5/28/2017 1 require a franchise agreement defining non-exclusive rights be awarded to qualified companies to provide for the roll-off container collection of Permitted Materials except for collection of materials excluded in the City's Municipal Code, and other services related to meeting requirements of the Act; and WHEREAS, the City requires all haulers providing Roll-Off Collection services for Permitted Materials in the City to obtain a non-exclusive franchise in order to regulate this business, ensure its orderly operation, achieve its diversion goals, and to minimize the potential for adverse effects it may have on the local environment; and WHEREAS, the City Council has determined through an application process that the Contractor, by demonstrated experience, reputation, and capacity, is qualified to provide for the Roll-Off Container Collection of Permitted Materials within the corporate limits of the City and the Transportation of such material to appropriate places of Recycling, Processing, and/or Disposal, and can provide insurance consistent with the City's requirements. The City Council desires that Contractor be engaged to perform such services on the basis set forth in this Agreement; and WHEREAS, Contractor intends to use the City's streets, alleys, other public rights-of way, and infrastructure to provide Roll-Off Collection services to the City's residents and businesses; and WHEREAS, the City intends to receive just and reasonable fees from the Contractor for City's administration of the Agreement and for Contractor's use of the City streets, alleys, other public rights-of-way, and infrastructure which the City may lawfully impose and the companies are obligated to pay; and, NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this Agreement and for other good and valuable consideration, the Parties agree as follows: ARTICLE 1 DEFINITIONS A. For purposes of this Agreement, unless a different meaning is required, the following words and phrases shall have the following meanings and shall be capitalized throughout this Agreement: B. "Act" means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time. C. "Agreement" means this Agreement between the City and Contractor for Roll-Off Container Collection, Processing, and Disposal of Permitted Materials, including all exhibits and attachments, and any future amendments hereto. D. "Applicable Law" means all Federal, State, and local laws, regulations, rules, orders, judgments, degrees, permits, approvals, or other City of Fresno Roll-Off Agreement 5/28/2017 2 requirements of any governmental agency having jurisdiction over the Roll-Off Container Collection, Transportation, Recycling, Processing, and Disposal of Permitted Materials that are in force on the Effective Date and as they may be enacted, issued, or amended during the Term of this Agreement. E. "Approved C&D Processing Site" means the processing site specified in Exhibit D, which was selected by Contractor and approved by the City. F. "Approved Disposal Site" means a Disposal Site selected by the Contractor or its Subcontractor(s) and approved by the City for Disposal of residue from Approved Processing Site(s). Approved Disposal Site(s) are listed in Exhibit D. G. "Approved Organics Processing Site" means the processing site specified in Exhibit D, which was selected by Contractor and approved by the City. H. "Approved Processing Site(s)" means the Approved C&D Processing Site, Approved Organics Processing Site, and/or Approved Recyclables Processing Site. I. "Approved Processor" means the operator of an Approved Processing Site. J. "Approved Recyclables Processing Site" means the processing site specified in Exhibit D, which was selected by Contractor and approved by the City. K. "Bin" means a container with capacity of approximately one (1) to eight (8) cubic yards, with a hinged lid, and with wheels, that is typically serviced by a front end-loading Collection vehicle. L. "Business Days" mean days during which City offices are open to do business with the public. M. "Cart" means a plastic container with a hinged lid and wheels that is typically serviced by an automated or semi-automated Collection vehicle. A Cart has capacity of 20, 35, 64, or 96 gallons (or similar volumes). N. "C&D" means Construction and Demolition Debris, as defined by Title 27 Chapter, Article 2, Section 20164. 0. "Change in Law" means any of the following events or conditions that have a material and adverse effect on the performance by the Parties of their respective obligations under this Agreement (except for payment obligations): P. The enactment, adoption, promulgation, issuance, modification, or written City of Fresno Roll-Off Agreement 5/28/2017 3 change in administrative or judicial interpretation on or after the Effective Date of any Applicable Law; or Q. The order or judgment of any governmental body, on or after the Effective Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of the Contractor, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. R. "City" means the City of Fresno, California, a municipal corporation, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the Term. S . "City's Municipal Code", "Municipal Code" or "FMC" means the Municipal Code of the City of Fresno. T. "Collect" or "Collection" means the act of collecting Permitted Materials and other material at the place of generation in the City. U. "Commercial" shall mean of, from or pertaining to non-Residential Premises where business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding businesses conducted upon Residential property which are permitted under applicable zoning regulations and are not the primary use of the property. V. "Compactor" means a mechanical apparatus that compresses materials into a container, which container may be detachable. For the purposes of this Agreement, Compactors shall include only Compactors with container capacities of ten to fifty cubic yard that are serviced by Roll- Off Collection Trucks. W . "Compost" or "Composting" includes a controlled biological decomposition of Organic Materials yielding a safe and nuisance free Compost Product. X. "Compost Product" means the product resulting from the controlled biological decomposition of Organic Materials that are Source Separated from the Solid Waste stream, or which are separated at a centralized facility. Y. "Construction and Demolition Debris (C&D)" means materials resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22 Section 66261.3. This term includes, but is not limited to, asphalt, concrete, cement concrete, brick, lumber, gypsum wallboard, concrete City of Fresno Roll-Off Agreement 5/28/2017 4 board, cardboard, and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel, as well as vegetative matter resulting from land clearing and landscaping including but not limited to rock, soil, tree stumps. Construction and Demolition Debris excludes putrescible wastes. Z. "Contractor" means North Cal Hauling Company, a general partnership organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies, and Subcontractors. AA. "Contractor Party(ies)" shall mean Contractor, officers, directors, management employees, or fiscal employees (where "management employee" means any employee with direct or indirect responsibility for direction and control over the Contractor's activities under this Agreement and "fiscal employee" means an employee with direct or indirect responsibility and control duties relating to financial matters under this Agreement). BB. "Criminal Activity" means those activities described in Section 12.12.1 . "Customer" means the Person whom Contractor submits billing invoice to and collects payment from for Collection services provided. CC. "Designated Disposal Site" means the American Avenue Landfill at 18950 W American Avenue in Tranquility, California for the purposes of Disposing Solid Waste. DD . "Designated Waste" means non-Hazardous Wastes that may pose special Disposal problems because of its potential to contaminate the environment and which may be disposed of only in Class II Disposal Sites or Class Ill Disposal Sites pursuant to a variance issued by the California Department of Health Services. EE. "Director" shall mean the Public Utilities Director of the City or an authorized representative of the Public Utilities Director. FF . "Discarded Materials" means Solid Waste, Recyclable Materials, Organic Materials, or C&D placed by a Generator in a receptacle and/or at a location that is designated for Collection pursuant to the City's Municipal Code. GG. "Disposal or Dispose (or variation thereof)" means the final disposition of Solid Waste at a Disposal Site. HH. "Disposal Site" means a facility for ultimate Disposal of Solid Waste . II. "Diversion" means activities that reduce or eliminate the amount of Solid Waste from Solid Waste Disposal including, but not limited to, City of Fresno Roll-Off Agreement 5/28/2017 5 Recycling, and Composting . JJ . "Drop Box" means an open-top container with capacity from 6 to 50 cubic yards that is used for Collection of Permitted Materials and that is serviced by a Roll-Off Collection Truck. Drop Boxes with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. A Drop Box, which is also known as a roll-off box and/or debris box, is a type of Roll-Off Container. KK. "Effective Date" means the date set forth in the introductory paragraph of this Agreement. LL. "Federal" means belonging to or pertaining to the national general government of the United States. MM. "Food Scraps" means those discarded materials that will decompose and/or putrefy including (i) all kitchen and table food waste, (ii) animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs, (iii) discarded paper that is contaminated with Food Scraps; (iv) fruit waste, grain waste, dairy waste, meat and fish waste; and, (v) non-Recyclable paper or contaminated paper. Food Scraps are a subset of Organic Materials. NN. "Franchise Fee" means the fee paid by Contractor to City for the privilege to hold the non-exclusive rights granted by this Agreement. 00. "Generator" means any Person whose act or process produces Permitted Materials, or whose act first causes Permitted Materials to become subject to regulation. PP. "Green Waste Material" means any materials generated from the maintenance or alteration of public, commercial, or residential landscapes that will decompose and/or putrefy including, but not limited to, yard clippings, grass, leaves, shrub/tree trimmings or prunings (less than 4" in diameter}, brush, flowers, weeds, dead plants, small pieces of unpainted and untreated wood, and other types of organic waste. For the purposes of this Agreement, such materials shall be Source Separated and placed by a Generator in a receptacle and/or at a location that is designated for Collection. Green Waste Material is a subset of Organic Materials. QQ. "Hazardous Waste" means all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State in Health and Safety Code §25110.02, §25115, and §25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the U.S. Environmental Protection Agency (EPA), pursuant to the Resource Conservation and Recovery Act (42 USC §6901 et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. City of Fresno Roll-Off Agreement 5/28/2017 6 RR. "Holidays" are defined as New Year's Day, Thanksgiving Day, and Christmas Day. SS. "Infectious Waste" means biomedical waste generated at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities and other similar establishments, as defined in Health and Safety Code Section 25117.5. TT. "Liquidated Damages" means the amounts due by Contractor to City for failure to meet specific quantifiable standards of performance as described in Section 11.4 and Exhibit A. UU. "Organic Materials" means those discarded materials that will decompose and/or putrefy including Green Waste Material and Food Scraps such as, but are not limited to, green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces, other types of organic yard waste, vegetable waste, fruit waste, grain waste, dairy waste, meat waste, fish waste, paper contaminated with Food Scraps, pieces of unpainted and untreated wood, and pieces of unpainted and untreated wallboard. No discarded material shall be considered to be Organic Materials, unless such material is Source Separated from Solid Waste, Recyclable Materials, C&D, or other materials. W. "Parent Company" refers to a company owning more than 50% of the shares of another company (subsidiary) or a company that has management control over such subsidiary. WW. "Party or Parties" refers to the City and Contractor, individually or together. XX. "Permitted Materials" refers to Solid Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and C&D. Permitted Materials excludes Source Separated Food Scraps. YY. "Person(s)" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Fresno, and special purpose districts. ZZ. "Premises" means any land or building in the City where Permitted Materials are generated or accumulated. AAA. "Processing" means to prepare, treat, or convert through some special method. BBB. "Processing Site" means any plant or site used for sorting, cleansing, treating, or reconstituting Permitted Materials for the purpose of making such material available for reuse. City of Fresno Roll-Off Agreement 5/28/2017 7 CCC. "Putrescible Waste" means Solid Wastes originated from living organisms and their metabolic waste products and from petroleum, which contains naturally produced organic compounds and which are DDD. biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide and other simpler organic compounds. EEE. "Rates" means the charges and fees Contractor bills and collects from each Customer receiving service pursuant to this Agreement. FFF. "Recyclable Materials" means those Discarded Materials that the City Code permits, directs and/or requires Generators to set out in Recyclables Materials containers for Collection for the purpose of Recycling. No Discarded Materials shall be considered Recyclable Materials unless such material is separated from Solid Waste and Organic Materials. Recyclable Materials shall include, but not be limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office paper, computer paper, magazines, junk mail, catalogs, brown paper bags, brown paper, paperboard, paper egg cartons, telephone books, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, soap boxes, cereal and other similar food boxes); chipboard; cardboard; paper milk cartons; glass containers of any color (including glass bottles and jars all colors); aluminum cans; fabric softener containers; steel, tin or bi-metal cans; plastic containers (clear or green plastic soda and water bottles, plastic containers and bottles and plastic bags with no. 1, 2 or 3 on the bottom); and food containers from potato salad, pasta salad, whipped cream, etc. GGG. "Recycle or Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, or thermally destroying solid waste. HHH. "Residential" shall mean of, from, or pertaining to a single-family Premises, multi-plex, or multi-family Premises including single-family homes, apartments, condominiums, townhouse complexes, mobile home parks, cooperative apartments, and yacht harbors and marinas where residents live aboard boats . Ill. "Roll-Off Container" means a Drop Box or Compactor used for Collection of Permitted Materials and serviced by a Roll-off Collection Truck. Roll-Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. JJJ. "Roll-Off Collection Truck" means a collection vehicle with a mechanical device such as a winch that pulls or loads a Roll-Off Container onto the truck bed or attached trailer and separately transports each Roll-Off Container to a Disposal Site or Processing Site. City of Fresno Roll-Off Agreement 5/28/2017 8 KKK. "Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated thereunder and those Discarded Materials that the City Code requires Generators within the City to set out for Collection. Excluded from the definition of Solid Waste are C&D, Hazardous Waste, Infectious Waste, Designated Waste, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, "Solid Waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Section 41500 and 41802 of the California Public Resources Code. LLL. "Source Separated" means the segregation, by the Generator, of materials designated for separate Collection for some form of Recycling, Processing, Composting, recovery, or reuse. MMM. "State" means the State of California . NNN. "Subcontractor" means a party who has entered into a contract, express or implied, with the Contractor for the performance of an act that is necessary for the Contractor's fulfillment of its obligations under this Agreement. 000. "Term" means the Term of this Agreement, including extension periods if granted, as provided for in Article 3. PPP. "Ton" means a unit of measure for weight equivalent to 2,000 standard pounds where each pound contains 16 ounces. QQQ. "Tonnage" means the total weight in Tons Collected, Recycled, Composted, Diverted, or Disposed of, as the context requires. RRR. "Transportation" means the act of transporting. ARTICLE2 REPRESENTATIONS AND WARRANTIES OF THE CONTRACTOR 2.1 REPRESENTATIONS AND WARRANTIES The Contractor, by execution of this Agreement, represents and warrants the following to City, for the purpose of inducing City to enter into this Agreement and to consummate the transactions contemplated hereby: A. Corporate Status. Contractor is duly organized, validly existing and in good standing under the laws of the State. It is qualified to transact business in the City and State and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement. City of Fresno Roll-Off Agreement 5/28/2017 9 B. Authorization. Contractor has the authority to enter this Agreement and perform its obligations under this Agreement. The Board of Directors of Contractor (or the shareholders, if necessary}, sole proprietor, or partners have taken all actions required by law, its articles of incorporation, its bylaws, or otherwise, to authorize the execution of this Agreement. The Person signing this Agreement on behalf of Contractor represents and warrants that they have authority to do so and the corporate secretary's certificate in Exhibit B confirms this. This Agreement constitutes the legal, valid, and binding obligation of the Contractor. C . Agreement Will Not Cause Breach. To the best of Contractor's knowledge after reasonable investigation, the execution or delivery of this Agreement or the performance by Contractor of its obligations hereunder does not conflict with, violate, or result in a breach: (i) of any law or governmental regulation applicable to Contractor; (ii) any term or condition of any judgment, order, or decree of any court, administrative agency or other governmental authority; or, (iii) any Agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitute a default thereunder. D. No Litigation. To the best of Contractor's knowledge after reasonable investigation, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental authority, commission, board, agency or instrumentality decided, pending or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would: 1. Materially adversely affect the performance by Contractor of its obligations hereunder; 2. Adversely affect the validity or enforceability of this Agreement; or 3. Have a material adverse effect on the financial condition of Contractor, or any surety or entity guaranteeing Contractor's performance under this Agreement. E. No Adverse Judicial Decisions. To the best of Contractor's knowledge after reasonable investigation, there is no judicial decision that would prohibit this Agreement or subject this Agreement to legal challenge. F. No Legal Prohibition. To the best of Contractor's knowledge after reasonable investigation, there is no Applicable Law in effect on the date Contractor signed this Agreement that would prohibit the Contractor's performance of its obligations under this Agreement and the transactions contemplated hereby. G. Contractor's Statements. The Contactor's Application and any other supplementary information submitted to the City, which the City has relied on in entering this Agreement, do not: (i) contain any untrue statement of a material fact, or (ii) omit to state a material fact that is necessary in order to make the statements made, in light of the circumstances in which they were made, not misleading. City of Fresno Roll-Off Agreement 5/28/2017 10 H. Contractor's Investigation. Contractor has made an independent investigation (satisfactory to it) of the conditions and circumstances surrounding the Agreement and the work to be performed hereunder. Contractor has considered such matters in entering this Agreement to provide services in exchange for the compensation provided for under the terms of this Agreement. I. Ability to Perform. Contractor possesses the business, professional, and technical expertise to Collect, Transport, Recycle, Process, and Dispose Permitted Materials generated in the City. Contractor possesses the equipment, facility(ies), and employee resources required to perform its obligations under this Agreement. ARTICLE3 TERM OF AGREEMENT 3.1 EFFECTIVE DATE Contractor may provide the Roll-Off Container Collection, Transportation, Recycling , Processing, Composting, and Disposal services authorized by this Agreement commencing on the Effective Date. 3.2 CONDITIONS TO EFFECTIVENESS OF AGREEMENT The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of all the conditions below, each of which may be waived, in written form, in whole or in part by City. A. Accuracy of Representations. The representations and warranties made in Article 2 of this Agreement are true and correct on and as of the Effective Date . B. Absence of Litigation. There is no litigation pending on the Effective Date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance . C . Furnishings of Insurance. Contractor has furnished evidence of the insurance required by Article 10 that is satisfactory to the City . D. Effectiveness of City Council Action. The City Council action approving this Agreement shall have become effective and all Parties shall have signed the Agreement pursuant to Applicable Law prior to or on the Effective Date, provided that no restraining order of any kind has been issued . 3.3 TERM The Term of this Agreement shall commence on the Effective Date and continue until June 30 , 2021 . The Term may be extended pursuant to Section 3.4 or terminated early in accordance with Section 11 .2 . City of Fresno Roll-Off Agreement 5/28/2017 11 3.4 OPTION TO EXTEND Subject to City Council approval, the City shall have the option to extend this Agreement for an additional term of up to five years. If the City extends the Agreement, it shall give written notice to Contractor at least one hundred eighty calendar days prior to expiration of the Agreement. The City's written notice shall specify the number of years by which it elects to extend the Term of this Agreement and the revised expiration date of the Agreement. Any such extension shall not become effective unless Contractor agrees to the extension, in writing, at least one hundred fifty calendar days prior to expiration of the Agreement. ARTICLE4 SCOPE OF AGREEMENT 4.1 SCOPE OF AGREEMENT This non-exclusive franchise, granted to Contractor, authorizes Contractor to Collect, Transport, Recycle, Process, Compost, and Dispose of Permitted Materials placed by Residential or Commercial Generators in Roll-Off Containers for Collection, provided that the Customer has voluntarily arranged for Contractor to provide Collection services . The Contractor shall be responsible for the following services: A Collecting Permitted Materials placed by each Customer in a Roll-Off Container for Collection as requested by Customer. B. Providing each Customer, upon delivery of Roll-Off Container, a printed list that specifies the materials that cannot be placed in the Roll-Off Container (i.e., Hazardous Wastes) and a list of acceptable Recyclable Materials, Organic Materials, and C&D that may be placed in the Roll-Off Container. C. Transporting Collected Solid Waste to the Designated Disposal Site and transporting other materials to an Approved Processing Site . D. Furnishing all labor, superv1s1on, vehicles, Roll-Off Containers, other equipment, materials, supplies, and all other items and services necessary to perform its obligations under this Agreement. E. Paying all expenses related to provision of services required by this Agreement including , but not limited to, Franchise Fees, taxes, regulatory fees, Collection costs, Transportation costs, Processing costs, Disposal costs , utilities, etc. F. Providing all services required by this Agreement in a thorough and professional manner so that residents, businesses, and the City are provided timely, reliable, courteous and high-quality service at all times. G. Performing all services in substantial accordance with this Agreement at all times using best industry practice for comparable operations . H. Complying with all Applicable Law. City of Fresno Roll-Off Agreement 5/28/2017 12 I. Performing or providing all other services necessary to fulfill its obligations under this Agreement. J . Diverting a minimum of 75%, or state-mandated diversion percentages, whichever is higher, of the C&D Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of C&D Collected and Diverted. K. Diverting a minimum of 70% of the Recyclable Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Recyclable Materials Collected and Diverted. L. Diverting a minimum of 90% of the Organic Materials Collected from Disposal. The Diversion rate shall be calculated each month based upon the weights of Organic Materials Collected and Diverted. The enumeration and specification of particular aspects of service, labor, or equipment requirements shall not relieve Contractor of the duty of accomplishing all other aspects necessary to fulfill its obligations under this Agreement whether such requirements are enumerated elsewhere in the Agreement or not. 4.2 LIMITATIONS TO SCOPE The scope of the Agreement shall be non-exclusive. Permitted Materials may be Collected and Transported by other Persons provided that such Persons do so in accordance with the City's Municipal Code, including but not limited to the following: A. Permitted Materials Collected by Other Non-Exclusive Franchise Haulers. Permitted Materials Collected by a party that has executed a Non-Exclusive Franchise Agreement with the City for Roll-Off Container Collection Services. B. Permitted Materials Collected by City. Permitted Materials collected by the City's municipal collection operation including: (1) materials Collected using equipment, such as Carts and Bins, not regulated by this Agreement (2) materials Collected from City facilities, and special events and venues sponsored by the City, which may be Collected in Carts, Bins, or Roll-Off Containers by the City's municipal collection operation or City crews. C . Donated Recyclable Materials. Recyclable Materials Generated in the City that are Source Separated and donated by the Generator to youth, civic, charitable, or other nonprofit organizations. D. Materials Hauled by Owner or Occupant, or its Contractor. Permitted Materials that are removed from any Premises and are Transported to a Disposal Site or Processing Site by (i) the Owner or Occupant of such Premises, (ii) by full-time employee of Owner or Occupant that uses the Owner's or Occupant's equipment to transport materials; or (iii) by a construction or demolition contractor performing construction or demolition work at the Premises, whose removal of the Permitted Materials is incidental to the service 13 City of Fresno Roll-Off Agreement 5/28/2017 being performed (as defined in Section 6-205(f)(iii) of the City 's Municipal Code) and such contractor removes materials at no additional or separate fee using contractor's employees and contractor's equipment. E. Green Waste Material. Private collection of Green Waste Material resulting from landscaping or gardening service performed by the person collecting such materials. F. Other Recyclable Materials. Private collection by any person or company that transports Recyclable Materials through use of its own vehicle(s), and receives no compensation for such Collection or Transportation . G. Materials from Public Schools and Other Government Facilities. The removal of any materials generated by public schools, cities, the County, or federal facilities (with the exception of those facilities subject to 42 U.S.C. Section 6961 (a)). 4.3 CITY'S RIGHT TO GRANT MULTIPLE NON-EXCLUSIVE AGREEMENTS The City may grant to an unlimited number of additional Persons similar non-exclusive franchise agreements for Roll-Off Container Collection, Transportation , Recycling , Processing, Composting , and Disposal of Permitted Materials. 4.4 CITY'S RIGHT TO EXCLUDE NEWLY ANNEXED TERRITORY FROM SCOPE OF FRANCHISE The City reserves the right to exclude territory that is annexed into the corporate limits of the City subsequent to the Effective Date from the scope of this franchise. 4.5 AGREEMENT CONSISTENT WITH APPLICABLE LAW This Agreement and scope of this franchise shall be interpreted to be consistent with Applicable Law, now and during the Term . If future judicial interpretations of current law or new laws, regulations, or judicial interpretations limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that the City shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein . In such an event, it shall be the responsibility of Contractor to minimize the financial impact of such future judicial interpretations or new laws . 4.6 OWNERSHIP OF MATERIALS Once Permitted Materials are placed in a Roll-Off Container for Collection by Contractor, ownership and the right to possession of such materials shall transfer directly from the Customer to Contractor. On a short-term bas is not to exceed more than five calendar days per year, City may obtain ownership or possession of Permitted Materials placed in the Roll -Off City of Fresno Roll-Off Agreement 5/28/2017 14 Container for Collection, for purposes of waste characterization studies, upon written notice to Contractor of its intent to do so. However, nothing in this Agreement shall be construed as giving rise to any inference that City has such ownership or possession unless such written notice has been given to Contractor. 4.7 NOTIFICATION TO CITY OF NON-FRANCHISED HAULERS If Contractor can produce evidence that other Persons are Collecting Permitted Materials and do not have rights to do so as granted by non-exclusive franchise agreement with the City or otherwise , or in a manner that is not consistent with the City's Municipal Code, Contractor shall notify the City in writing, within ten calendar days of Contractor witnessing such circumstances. The Contractor's notice shall include the name and telephone number of the Person or company Collecting Permitted Materials (if known), the date the Contractor witnessed the event, the location of the Roll-Off Container along with Contractor's evidence of the violation of the rights granted by this non-exclusive franchise. ARTICLES COLLECTION, PROCESSING, AND DISPOSAL SERVICES 5.1 COLLECTION Contractor is hereby authorized to Collect Permitted Materials from residents and businesses in the City using Roll-Off Containers. Contractor shall Collect Permitted Materials from Customers that voluntarily subscribe to or request Roll-Off Container Collection services from Contractor. Contractor shall provide its Customers with a Roll- Off Container for Permitted Materials Collection or shall allow its Customers to provide a Roll-Off Container. Contractor shall Collect Permitted Materials from Premises as frequently as scheduled by Contractor or as mutually agreed with Customer, but not less than once a week for Solid Waste and Organic Materials. Contractor shall provide requested service to its Customers and shall charge Customers for service at Rates mutually agreed by Customer and Contractor. Contractor shall Transport Solid Waste Collected pursuant to this Agreement to the Designated Disposal Site and other materials to an Approved Processing Site that has been selected by the Contractor and approved by the City. The Approved Processing Site(s) must be able to demonstrate Diversion rates in accordance with Sections 4.1 and 5.3. Contractor may enter into contracts with Customers for Collection services provided that in no case shall the term of such contracts extend beyond the Term of this Agreement, and provided that in the event the City terminates this Agreement the contracts with any and all Customers shall terminate on the termination date of this Agreement. 5.2 PROCESSING AND MARKETING SERVICES A Processing. Contractor agrees to Transport and deliver (i) all C&D it Collects in the City to the Approved C&D Processing Site, (ii) all Recyclable Materials it Collects in the City to the Approved Recyclable Processing Site, and (iii) all Organic Materials it Collects in the City to the Approved Organics Processing 15 City of Fresno Roll-Off Agreement 5/28/2017 Site. Residue from the C&D, Recyclable Materials, and Organics Processing and Composting activities shall be Disposed of by Contractor or its Approved Processor at an Approved Disposal Site selected by Contractor in accordance with Section 5.4. Contractor selected the Approved Processing Site(s) and Approved Disposal Site(s), which are identified in Exhibit D. Contractor shall permit or arrange for the City to inspect the Approved Processing Site(s) and observe operations at any time during the Term. Contractor or its Approved Processor(s) shall possess all permits and approvals necessary for use of the Approved Processing Site(s) in full regulatory compliance. Contractor shall, upon City request, provide or request from its Approved Processor(s) and provide copies of notices of violation or permits to the City. Upon request of the City, Contractor shall provide a certified statement from its Approved Processor(s) documenting its Diversion rate . If Contractor elects to use a Processing Site(s) that is different than the Approved Processing Site(s) specified in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site . If Contractor is unable to use an Approved Processing Site due to an emergency or sudden unforeseen closure of the Approved Processing Site, Contractor may use an alternative Processing Site provided that (i) the Contractor provides verbal and written notice to the City within twenty-four hours of use of an alternative Processing Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Processing Site is not feasible and the period of time Contractor proposes to use the alternative Processing Site . Contractor shall use the alternative Processing Site for no more than twenty-four hours without obtaining City's written approval. B. Marketing. The Contractor or its Approved Processor shall be responsible for marketing C&D, Recyclable Materials, and Organic Materials Collected in the City and Diverted. Contractor and/or its Approved Processor may retain all revenues generated from the sale of Permitted Materials that are Diverted . Upon request, Contractor or its Approved Processor shall provide proof (in the form of sales receipts showing end-user) to the City that all C&D, Recyclable Materials, and Organic Materials Diverted are marketed for Recycling or reuse in such a manner that materials shall be considered as Diverted in accordance with the State regulations established by the Act. All residual material from the Processing activities that is not marketed for use shall be accounted for as Disposal Tonnage at a permitted Disposal Site. No Permitted Material shall be transported to a domestic or foreign location if Solid Waste Disposal of such material is its intended use . Contractor or its Approved Processor shall provide the City, upon written 16 City of Fresno Roll-Off Agreement 5/28/2017 request, with a list of broker/buyers it uses to market C&D , Recyclable Materials, and Organic Materials Diverted. City may audit brokers or buyers to confirm that materials are being Recycled and Diverted from Disposal. If Contractor becomes aware that a broker or buyer has illegally handled or Disposed of material generated by the City or elsewhere, Contractor shall immediately inform the City and terminate its contract or working relationship with such party immediately . Processing and Marketing Costs. Contractor shall pay all costs associated with Processing and marketing of Permitted Materials including payment of any gate fees charged at the Approved Processing Sites. 5.3 DIVERSION REQUIREMENT Contractor shall Divert from landfill disposal at least (i) 75% by weight of all C&D it Collects within the City, (ii) 70% by weight of all Recyclable Materials it Collects within the City, and (iii) 90% by weight of all Organic Materials it Collects within the City during each calendar month by Processing, Recycling, or Composting some or all of the C&D, Recyclable Materials, and Organic Materials Collected. If Contractor fails to meet the Diversion requirements stated in the preceding paragraph during a calendar month, the City may terminate the Agreement in accordance with Section 11.5. 5.4 DISPOSAL A Disposal of Solid Waste Collected. Contractor shall Transport all Solid Waste Collected in the City to the Designated Disposal Site, which the City specifies shall be the American Avenue Landfill in Tranquility, California . Contractor shall pay all costs associated with Transporting and Disposal of Solid Waste including payment of any gate fees charged at the Designated Disposal Site. B. Disposal of Processing Residue. Contractor shall, or shall require its Approved Processor to, Dispose of residue from Processing of C&D, Recyclable Materials, and Organic Materials Collected within the City, that are not Diverted through Processing activities, by Transporting the residue to an Approved Disposal Site specified in Exhibit D, which is lawfully authorized to accept such material. C. Permitted Site. Contractor or its Approved Processor shall only Dispose of materials at a permitted Disposal Site that is in full regulatory compliance. Contractor, or its Approved Processor, shall keep or confirm all existing permits and approvals necessary for use of the Disposal Site(s) in full regulatory compliance. Contractor shall, upon request, provide copies of notices of violation or permits to the City. D. Compliance with Regulations. Contractor shall observe and comply with all regulations in effect at the Designated Disposal Site and Approved Disposal Site(s) and cooperate with the operator thereof with respect to delivery of Solid Waste, including directions to unload Collection vehicles in designated areas, City of Fresno Roll-Off Agreement 5/28/2017 17 accommodating operations and maintenance activities, and complying with Hazardous Waste exclusion programs. E. Disposal at Approved Site. Contractor, or its Approved Processor, shall not Dispose of such residue by depositing it on any public or private land, in any river, stream, or other waterway, or in any sanitary sewer or storm drainage system or in any other manner which violates Applicable Laws. Contractor, or its Approved Processor, selected the Approved Disposal Site(s) for residue Disposal specified in Exhibit D. Contractor shall arrange for the City to inspect the Approved Disposal Site(s) and observe operations at any time during the Term. F. Alternative Disposal Site. If Contractor, or its Approved Processor, elects to use a Disposal Site(s) that is different than the Approved Disposal Site(s) listed in Exhibit D, it shall request written approval from the City sixty calendar days prior to use of the site and obtain the City's written approval no later than ten calendar days prior to use of the site. If Contractor, or its Approved Processor, is unable to use the Approved Disposal Site due to an emergency or sudden unforeseen closure of the Approved Disposal Site, Contractor, or its Approved Processor, may use an alternative Disposal Site provided that (i) the Contractor provides verbal and written notice to the City within twenty-four hours of use of an alternative Disposal Site, and (ii) the alternative Processing Site is fully permitted and in compliance with all Applicable Laws. The written notice shall include a description of the reasons the Approved Disposal Site is not feasible and the period of time Contractor, or its Approved Processor, proposes to use the alternative Disposal Site. Contractor shall use the alternative Disposal Site for no more than twenty-four hours without obtaining City's written approval. 5.5 BILLING Contractor shall bill all Customers and collect billings in accordance with Contractor- established Rates, which are set in a manner consistent with provisions of Section 9.3. The Contractor shall prepare, mail, and collect bills (or shall issue written receipts for cash payments) for Collection services provided by Contractor. Contractor shall be responsible for collection of payment from Customers with past due accounts. Contractor shall maintain copies of all billings and receipts, each in chronological order, for five years after expiration or termination of this Agreement. Contractor shall retrieve and make available to the City copies of the billings and receipts within five days of the Director's written request for the billings and receipts. The Contractor may, at its option, maintain those records in computer form, on microfiche, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner. 5.6 CUSTOMER SERVICE Contractor shall maintain a business office within the City or within a reasonable 18 City of Fresno Roll-Off Agreement 5/28/2017 distance of the City limits approved by the Director. The business office shall staff at least one customer service representative capable of accepting payments from Customers, answering service questions, and resolving Customer service issues. Contractor shall have a toll-free Customer service telephone number and shall have staff available to answer calls from at least 8:00 a.m. to 6:00 p.m., Monday through Friday. An answering machine shall record Customer calls and voice messages between 6:00 p.m. and 8:00 a.m. ARTICLES STANDARDS AND REQUIREMENTS FOR SERVICES, EQUIPMENT, AND PERSONNEL 6.1 OPERATING DAYS, HOURS, AND SCHEDULES A. Days and Hours of Collection 1. Residential Premises. Delivery or Collection of a Roll-Off Container to or from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., any day of the week. 2. Commercial Premises. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are 200 feet or less from Residential Premises shall only occur between the hours of 6:00 a.m. and 6:00 p.m., any day of the week. Delivery or Collection of a Roll-Off Container to or from Commercial Premises that are more than 200 feet from Residential Premises shall only occur between the hours of 5:00 a.m. and 7:00 p.m., any day of the week. The Director may require modifications to hours for delivery and Collection from Commercial Premises to resolve noise complaints, and, in such case, the Director may change the allowable operating hours. 3. Exceptions. In the event of an unforeseen circumstance, the Contractor may deliver or Collect a Roll-Off Container from Residential or Commercial Premises that are 200 feet or less from Residential Premises between the hours of 5:00 a.m. and 10:00 p.m., upon prior written approval from the Director. 4 . Failure to Comply. If the Contractor fails to comply with the Collection hours described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. 6.2 COLLECTION STANDARDS 6.2.1 Instructions to Customer Contractor shall instruct Customers as to any preparation of Permitted Materials necessary prior to placing in the Roll-Off Container. Contractor shall, in written form, inform all Customers as to the acceptable materials that can be included in the Roll-Off Container and any unacceptable materials to be excluded from Collection. City of Fresno Roll-Off Agreement 5/28/2017 19 6.2.2 Care of Private Property Contractor shall not damage private property. Contractor shall ensure that its employees: (i) close all gates opened in making Collections, unless otherwise directed by the Customer; (ii) do not cross landscaped areas; and (iii) do not climb or jump over hedges and fences. City shall refer complaints about damage to private property to Contractor. Contractor shall repair all damage to private and public property caused by its employees to its previous condition. 6.2.3 Litter Abatement A Minimization of Spills. Contractor shall use due care to prevent vehicle oil and vehicle fuel from being spilled or scattered during Collection and Transportation operations. If any Permitted Materials are spilled or scattered during Collection or Transportation operations, the Contractor shall promptly clean up all spilled and scattered materials. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, hot load (combustion of material in the truck), accidental damage to a vehicle, or unless approved by the City. If Contractor fails to perform some or all of the requirements described in this Section, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. B. Clean-Up. Each Collection vehicle shall carry protective gloves, a broom, and shovel at all times for cleaning up litter and absorbent material for cleaning up liquid spills. The Contractor shall discuss instances of repeated spillage not caused by it with the Customer of the Premises where spillage occurs, and Contractor shall report such instances to City. If the Contractor has attempted to have a Customer stop creating spillage but is unsuccessful, the City will attempt, upon notice by the Contractor, to rectify such situation with the Customer. C. Covering of Loads. Contractor shall cover all Roll-Off Containers at the pickup location before Transporting materials to prevent Permitted Materials from escaping during Transportation. 6.2.4 Noise All Collection operations shall be conducted as quietly as possible and shall conform to Applicable Law. Contractor will promptly resolve any Complaints of noise during the morning or evening hours of the day to the satisfaction of the City. In the event of repeat occurrences of noise levels in excess of 75 db(A), the Contractor shall pay Liquidated Damages in accordance with Section 11.4 and Exhibit A. 6.3 VEHICLE REQUIREMENTS A General. Vehicles used to provide services under this Agreement shall be kept 20 City of Fresno Roll-Off Agreement 5/28/2017 in a safe, neat, clean, and operable condition at all times. If Contractor fails to keep Collection vehicles in a safe and sanitary condition, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. B. Specifications. Contractor shall register all vehicles with the California Department of Motor Vehicles. All such vehicles shall comply with California Environmental Protection Agency (EPA) noise emission and air quality regulations and other applicable noise control regulations. C. Vehicle Identification. Contractor's name, local telephone number, and a unique identification number for each vehicle used to provide services under this Agreement, shall be prominently displayed on all vehicles, in letters and numbers that are a minimum of 4 inches high. Contractor shall not place the City's logo on its vehicles. D. Cleaning and Maintenance 1. Cleaning. Collection vehicles shall be thoroughly washed and thoroughly steam cleaned as frequently as necessary to present a clean appearance of the exterior and interior compartment of the vehicle. 2. Maintenance. Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles that are not operating properly shall be taken out of service until they are repaired and operating properly. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule or in accordance with California Highway Patrol standards, whichever are more stringent. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the City upon request to the extent necessary to perform the inspections described in Sections 6.3.F and 6.8. 3. Repairs. Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown, or any other cause, so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 4 . Storage. Contractor shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by State or local weight restrictions for vehicles and roads. Contractor shall have each Collection vehicle weighed at each Approved Processing Sites 21 City of Fresno Roll-Off Agreement 5/28/2017 or Designated Disposal Site to determine the unloaded weight ("tare weight") of the vehicle, and the total loaded weight of each load delivered to the Approved Processing Sites and Designated Disposal Site. F. Vehicle Inspection. City may inspect vehicles at any time to determine compliance with the requirements of this Agreement. Contractor shall make vehicles available to the City and/or Fresno County Health Department for inspection, at any frequency City reasonably requests. 6.4 ROLL-OFF CONTAINER REQUIREMENTS A. General. All Roll-Off Containers shall meet applicable Federal, State, City and local regulations for safety. B. Specifications 1. Prevent Leakage. If the type of materials placed in the container may result in leakage of liquids, Contractor shall take precautions to prevent the leakage of liquids. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Roll-Off Containers used to Collect garbage and putrescible materials and/or garbage and putrescibles mixed with rubbish shall be non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and shall be designed for safe handling and the containment of refuse. 2. Provision of Sufficient Capacity. In accordance with Section 17315 of Chapter 3 of Title 14 of the California Code of Regulations, Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. Use of Containers with Less than 10 Cubic Yards of Capacity. Roll- Off Containers with capacities of less than 10 cubic yards may only be used for the purposes of Collecting C&D. C. Roll-Off Container Identification. All Contractor-provided Roll-Off Containers shall prominently display the Contractor's name, local telephone number, a unique Roll-Off Container identification number, and a list of acceptable materials. As appropriate, Roll-Off Containers shall be labeled for: Solid Waste, Recyclable Materials, Organic Materials, or C&D. Such labeling may be temporary labeling in the form of magnetic or detachable signs. If Contractor fails to comply with the provisions of this Section 6.4, the Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. D. Cleaning, Painting, and Maintenance. All Roll-Off Containers shall be maintained in a safe, serviceable, and functional condition. Contractor shall steam clean and repaint all Roll-Off Containers at least every two years, or City of Fresno Roll-Off Agreement 5/28/2017 22 more frequently, to present a clean, graffiti-free appearance. E. Roll-Off Container Inspections. City may inspect Roll-Off Containers at any time to determine compliance with sanitation requirements. Contractor shall make Containers available to the City at any frequency it requests. The City shall have the right to prohibit the use of any Roll-Off Container that fails to comply with the provisions in this Section 6.4. F. Abandoned Roll-Off Containers. Contractor shall not abandon any Roll-Off Container used to provide Permitted Materials Collection services under this Agreement. If the Contractor Abandons a Contractor-owned Roll-Off Container, City may remove the Roll-Off Container and Process and Dispose of the contents. If the City removes a Roll-Off Container Abandoned by Contractor, the City may charge Contractor for the City's costs incurred removing such Roll- Off Container, Transporting, Processing, and Disposing of its contents, and/or the cost of storing such Roll-Off Container. Contractor shall reimburse the City for such costs within fourteen calendar days of the date of the City's invoice to the Contractor for such costs. If the Contractor does not pay the invoice amount within fourteen days, the City shall become the Roll-Off Container owner if the invoice stated the City's intent to become the Container owner in lettering of at least 12 point font. For the purposes of this Section 6.4.F, "Abandon" means the following : 1. Contractor's failure to remove a Contractor-owned Roll-Off Container within five calendar days of receiving a written request from a Customer or the City or within five calendar days after the termination of the customer service agreement between Contractor and the Customer, or 2. Contractor's failure to remove a Contractor-owned Roll-Off Container within ten calendar days upon expiration or termination of this Agreement, except in the case where Contractor has been granted an extension of the Term of the Agreement or Contractor has been granted a subsequent agreement authorizing Contractor to Collect and transport the type or types of materials for which the Roll-Off Container was used pursuant to this Agreement. 6.5 PERSONNEL A. General. Contractor shall furnish such qualified drivers, maintenance, supervisory, Customer service, clerical and other personnel as may be necessary to provide the services required by this Agreement in a safe and efficient manner. B. Driver Qualifications. All drivers shall be trained and qualified in the operation of Collection vehicles, and must have in effect a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall use the Class B California Department of Motor Vehicles employer "Pull Notice Program" to monitor its drivers for safety. City of Fresno Roll-Off Agreement 5/28/2017 23 C. Safety Training. Contractor shall provide suitable operational and safety training for all of its employees who operate Collection vehicles or equipment or who are otherwise directly involved in such Collection, Disposal, or Processing. Contractor shall train its employees involved in Collection to identify, and not to collect, Hazardous Waste or Infectious Waste. Upon the City's request, Contractor shall provide a copy of its safety policy and safety training program, the name of its safety officer, and the frequency of its trainings. D. Employee Conduct and Courtesy. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. Contractor shall regularly train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection employees to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Contractor shall take all appropriate corrective measures and shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. E. Employee Identification. While performing services under this Agreement, all of the Contractor's employees performing field service shall be dressed in clean clothes and shall wear badges that include the employee's name and/or employee number, and Contractor's name, as approved by the City. 6.6 HAZARDOUS WASTE INSPECTION AND HANDLING A. Response to Hazardous Waste Identified during Collection. If Contractor determines that material placed in any Roll-Off Container for Collection is a Hazardous Waste that may not legally be Disposed of at a Disposal Site or handled at the Processing Site, or presents a hazard to Contractor's employees, the Contractor shall refuse to accept such material. The Contractor shall contact the Customer and request the Customer to arrange proper Disposal. If the Generator cannot be reached immediately, the Contractor shall, before leaving the Premises, leave a tag at least two inches by six inches (2" x 6") in size, which indicates the reason for refusing to Collect the material and lists a phone number for obtaining information on proper disposal of the Hazardous Waste. Under no circumstances shall Contractor's employees knowingly Collect Hazardous Waste . If Hazardous Waste is found in a Roll-Off Container that could possibly result in imminent danger to people or property, the Contractor shall immediately notify the City's Fire Department using the 911 emergency number. The Contractor shall notify the City of any Hazardous Waste identified in Roll-Off Containers or left at any Premises within twenty-four hours of identification of such material. B. Response to Hazardous Wastes Identified at Disposal Site or Processing Site. The Contractor, or its Approved Processor, or Disposal Site operator shall 24 City of Fresno Roll-Off Agreement 5/28/2017 provide load checkers and equipment operators at the Processing or Disposal Site(s) to identify Hazardous Wastes for storage in approved, on-site, hazardous materials storage container(s). Contractor shall make reasonable efforts to identify and notify the Customer. Contractor shall arrange for removal of the Hazardous Wastes by permitted haulers in accordance with Applicable Laws and regulatory requirements. If the Hazardous Wastes delivered to a Disposal Site or Processing Site by Contractor before its presence is detected, and the Generator cannot be identified or fails to remove the material after being requested to do so, the Contractor shall arrange for its proper Disposal. The Contractor may make a good faith effort to recover the cost of Disposal from the Generator, and the cost of this effort, as well as the cost of Disposal shall be chargeable to the Generator. C. Regulations and Record Keeping. Contractor shall comply with emergency notification procedures required by Applicable Laws and regulatory requirements. All records required by regulations shall be maintained at the Contractor's facility. These records shall include: waste manifests, waste inventories, waste characterization records, inspection records, incident reports, and training records. 6.7 NON-DISCRIMINATION Contractor shall not discriminate in the prov1s1on of service or the employment of Persons engaged in performance of this Agreement on account of race, color, natural origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any Applicable Law. 6.8 COMMUNICATION AND COOPERATION WITH CITY A. Communications. If requested, the Contractor shall meet with the City or its agent to discuss service issues. B. Inspection by City. The City, or its designated representatives, shall have the right to observe and review Contractor operations, Processing Sites and Disposal Sites used by Contractor, and enter Contractor's Premises for the purposes of such observation and review during reasonable hours without advance notice. C. Cooperate with City-Initiated Studies. Contractor shall cooperate with and assist the City or its agent with the performance of City-initiated studies of Permitted Materials such as, but not limited to, waste characterization and composition studies. ARTICLE7 RECORD KEEPING AND REPORTING 7.1 GENERAL 7.1.1 Maintenance of Records City of Fresno Roll-Off Agreement 5/28/2017 25 Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Permitted Materials program management needs of City, the Act and other Applicable Laws, and the requirements of this Agreement. This Article is intended to highlight the general nature of records and reports to be maintained by Contractor, and their minimum content. This Article is not meant to comprehensively define what the records and reports are to be and their content. With the written direction by or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Articles of the Agreement shall be adjusted in number, format, or frequency . Records and reporting may be revised to reflect current record keeping and reporting requirements. To the extent such requirements are set out in this and other Articles of this Agreement, they shall not be considered limiting or necessarily complete . 7.1.2 Retention of Records Unless otherwise required in this Article, Contractor shall retain all records and data required to be maintained by this Agreement for the Term of this Agreement plus five years after its expiration or earlier termination . Records and data shall be in chronological order and readily and easily interpreted. 7.1.3 Inspection of Records The City, its auditors and other agents, shall have the right, during regular business hours, to inspect specific documents or records required by this Agreement or any other similar records or reports of the Contractor that the City shall deem, at its sole discretion , necessary to evaluate the Contractor's performance provided for in this Agreement. The City may make copies of any documents it deems relevant to this Agreement. The City shall provide Contractor written notice at least three Business Days prior to any inspection of these records, and Contractor shall retrieve and make available to the City the requested documents and records at that time. The City reserves the right to inspect records for the purposes of auditing the Contractor's reports, reported Diversion level , and fee payments to the City. If an audit conducted by the City, or its representatives, finds: (i) that the Contractor has made any intentional misrepresentation with respect to the fees dues to the City (e.g., Franchise Fees or other fees due to the City) in an amount greater than $1 ,000 or 10% of the fees due to the City during the period covered by the audit, whichever is greater, or (ii) that the Diversion level is 5% different than the Diversion level reported by the Contractor, then in addition to any other remedies available to the City, Contractor shall reimburse the City for the City's costs incurred in the performance of the audit. Such reimbursement shall be paid by Contractor, along with any underpaid fees and Liquidated Damages required by Section 11.4 and Exhibit A, within thirty calendar days of the date the City notifies the Contractor of the amount due. 7.1.4 Record Security Contractor shall maintain adequate record security to preserve records from events that can be reasonably anticipated such as fire, theft, and earthquake. Electronically 26 City of Fresno Roll-Off Agreement 5/28/2017 maintained data and records shall be protected and backed-up. 7.2 RECORDS 7.2.1 Financial and Operational Records Contractor shall maintain accurate and complete accounting records containing the underlying financial and operating data relating to and showing the basis for computation of all revenues associated with providing Permitted Materials Collection, Transportation, Processing, Recycling , Composting , and Disposal services . The accounting records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied. At a minimum, the following operational records shall be maintained by Contractor for City relating to: A. Customer account information and billing records; B. Tonnage of material Collected by type (e.g ., Solid Waste, Recyclable Material , Organic Material, or C&D) listed by Processing Site or Disposal Site where such materials were delivered . Where possible, information is to be separated by Residential and Commercial Customers . C. Tonnage of Recyclable Materials, Organic Material, and C&D Diverted from Disposal by Contractor and supporting documentation. D. Diversion level , which shall equal Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by one hundred, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed . E. Residue levels of Processed or Composted materials . F. Weight tickets from (i) Designated Disposal Site documenting the Tonnage of Solid Waste Collected within the City and delivered to the Designated Disposal Site; (ii) Processing Sites documenting the Tonnage of Permitted Materials Collected within the City and delivered to the Approved Processing Sites; and, (iii) Approved Disposal Sites documenting the Tonnage of residue delivered to Approved Disposal Sites by vehicle, date, and time . G. End use and markets for recovered materials. Contractor shall make records available to the City upon request. 7 .2.2 Customer Records Contractor shall maintain accurate and complete records containing the number and types of accounts served by the Contractor. The records shall contain, at a minimum, the Customers name, type of business, phone number, address of Roll-Off Container delivery and Collection location , date of delivery and Collection, itemized listing of services performed, type of Permitted Material Collected , Tonnage Collected, and the amount charged to provide services . The information shall be provided to the 27 City of Fresno Roll-Off Agreement 5/28/2017 City upon request. 7.2.3 CERCLA Defense Records City views its ability to defend itself against Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and related litigation as a matter of great importance. For this reason, the City regards its ability to prove where Permitted Materials Collected by the Contractor are taken for Processing, Recycling, Composting, Transfer, or Disposal, as well as where they are not taken, to be matters of concern. Contractor shall maintain, retain and preserve records which can establish where Permitted Materials Collected were Processed, Composted, and Disposed (and therefore establish where they were not). This provision shall survive the expiration or earlier termination of this Agreement. Contractor shall maintain these records for a minimum of ten years beyond expiration or earlier termination of the Agreement. Contractor shall provide these records to City (upon request or at the end of the record retention period) in an organized and indexed manner rather than destroying or disposing of them. 7.3 GENERAL REPORTING REQUIREMENTS The format of each report shall be approved by City. Contractor may propose report formats that are responsive to the objectives. Contractor agrees to mail a copy of all reports and submit all reports on computer discs, by e-mail, or by modem in a format compatible with City's software and computers at no additional charge. Contractor will provide a certification statement, under penalty or perjury, by the responsible Contractor official, that the report being submitted is true and correct to the best knowledge of such official after their reasonable inquiry. Contractor shall submit monthly reports within fifteen calendar days of the end of each month. If Contractor does not submit the monthly reports by the dates required in this Article, Contractor shall pay the City Liquidated Damages as described in Section 11.4 and Exhibit A. Contractor shall submit (via mail and e-mail) all reports to : Solid Waste Division Manager City of Fresno 1325 El Dorado Street Fresno, CA 93706 7.4 MONTHLY REPORT The monthly report shall present the following information . A. Total Tonnage. Total Permitted Materials Tonnage Collected by Contractor within the City during the previous quarter, listed separately by material type and by month. B. Diverted Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Diverted during the previous quarter, listed separately by material type and by month. 28 City of Fresno Roll-Off Agreement 5/28/2017 C . Disposed Tonnage. Permitted Materials Tonnage Collected by Contractor within the City that was Disposed during the previous quarter, listed separately by month. D. Diversion Level. Tonnage Diverted by Contractor divided by the Tonnage Collected by Contractor multiplied by 100, listed separately by month for the previous quarter. Tonnage Diverted shall reflect Permitted Materials Processed less residue Disposed. E. C&D. Tonnage generated from construction and demolition permitted sites, noting the permit number, the site address, the Tonnage hauled, the date hauled, and the facilities to which the material was hauled. F. Disposal and Processing Locations. Contractor shall provide a list of the names and addresses of where Permitted Materials Collected within the City during the previous quarter was Diverted and Disposed. Such list shall include the amount of Permitted Materials Tonnage Diverted and/or Disposed at each location during the previous quarter, listed separately by material type and by month. G. Revenues. Gross revenues (e.g. cash receipts) earned on all Roll-Off Container Collection, Transportation, Processing, Recycling, Composting, and/or Disposal services provided to Customers within the City during the previous quarter, listed separately by month. H. Insurance. Updated insurance certificates. I. Account Information. In table format, the number of Customers within the City limits served and number of Roll-Off Containers serviced per month listed by Roll-Off Container type (Drop Box or Compactor), Roll-Off Container size, and listed separately by Permitted Material type, and regularly schedule service and unscheduled (on-call) service. J. Contractor Officers and Board Members. Provide a list of Contractor's officers and members of its board of directors (only required with the December monthly report each year, or in the event of a change in the officers or board members). The City reserves the right to request additional reports from Contractor, and upon City's request, Contractor shall provide information required above for the time period requested by the City. It is the desire of the City to track the above required information on an ongoing basis throughout the term of this Agreement. 7.5 AB 939 COUNTY SURCHARGE REPORTING Contractor acknowledges that City is a party to that certain AB 939 Memorandum of Understanding with the County of Fresno and various other jurisdictions dated January 6, 2008 (the "AB 939 MOU"), and further acknowledges having received and reviewed 29 City of Fresno Roll-Off Agreement 5/28/2017 a copy of the AB 939 MOU. The Parties agree that Contractor is a "Jurisdiction's Hauler'', as that term is used in Part IV, Section H of the AB 939 MOU. Contractor shall comply with all requirements of Part IV, Section H of the AB 939 MOU that are applicable to a Jurisdiction's Hauler, including but not limited to submittal of reports and payment of the AB 939 Surcharge (as that term is defined in the AB 939 MOU). ARTICLES FRANCHISE FEES AND OTHER FEES 8.1 GENERAL Contractor shall collect the fees described in this Section from Customers through Contractor's regular billings and remit collected amounts to City on a monthly basis as described in Section 8.5. 8.2 FRANCHISE FEE In consideration of the exclusive rights provided Contractor herein, Contractor shall pay Franchise Fees to the City each month equal to 10% of actual gross Rate revenues (e.g. cash receipts) remitted to Contractor by Customers for services provided by Contractor under this Agreement. 8.3 OTHER FEES The City may set "other" additional fees, as it deems necessary. The amount, time, and method of payment and adjustment process will be set in a manner similar to that for other fees described in this Article. 8.4 ADJUSTMENT TO FEES City may adjust the fees established in this Article annually at any time during the Term of this Agreement. 8.5 PAYMENT SCHEDULE AND LATE FEES On or before the 2oth day of each month during the Term of this Agreement, Contractor shall remit to City Franchise Fees and other fees as described in this Article. If such remittance is not paid to the City on or before the 2oth day of any month, Contractor shall pay, in addition to the amount owed to City, 2% of the amount owing for that month; plus an additional 2% owing on any unpaid balance for each following thirty calendar day period the fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement itemizing each fee paid; detailing calculation of all fees; stating actual gross revenues (e.g. cash receipts) for the monthly period collected from all operations conducted or permitted by this Agreement, and stating the number and size of Containers serviced by Contractor for the monthly period. Each remittance including all supporting documentation shall be provided to: City of Fresno Roll-Off Agreement 5/28/2017 30 Attn : City Controller, Finance Department City of Fresno 2600 Fresno Street Fresno, CA 93721-3624 8.6 OVERPAYMENT OF FEES If Contractor believes it has paid Franchise Fees or other fees as described in this Article, in excess of the fees due to the City, Contractor may submit a request for refund to the Director. If proof of overpayment is satisfactory to the Director, the Director shall authorize the City to refund the overpayment to the Contractor. Contractor shall not apply any overpayment as a credit against any Franchise Fee or other amounts payable to the City, unless specifically authorized to do so by the Director in writing. 8.7 NON-CITY FEES; AB 939 COUNTY SURCHARGE Pursuant to Section 7.5, Contractor shall pay the County of Fresno an AB 939 surcharge as applicable in accordance with the AB 939 MOU. ARTICLES CONTRACTOR'S COMPENSATION AND RATES 9.1 CONTRACTOR'S COMPENSATION Contractor's compensation for performance of all its obligations under this Agreement shall be : (i) actual Rate revenues paid to Contractor (e.g. cash receipts) by Customers that obtained Contractor's Collection services less fees dues to the City in accordance with Article 8, and (ii) revenues generated by the sale of Collected materials Diverted from Disposal. Contractor's compensation provided for in this Article shall be the full, entire , and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, Processing, Composting, and Disposal fees, regulatory fees, City fees, taxes, insurance, bonds, overhead, operations, profit and all other things necessary to perform all the services in the manner required by this Agreement. If Contractor's costs are more than Contractor's compensation , Contractor shall not be compensated for the difference in costs and revenues . If Contractor's costs are less than Contractor's compensation, Contractor shall retain the difference. 9.2 CITY'S RIGHT TO SET MAXIMUM RATES The City reserves the right to establish maximum Rates for Permitted Materials Collection services provided under this Agreement in the event that: (a) there are three or fewer companies holding non-exclusive franchise agreements for Collection of Permitted Materials, or (b) the Rates charged by the companies holding non-exclusive franchise agreements for Collection of Permitted Materials are no longer comparable to those of other jurisdictions, as reasonably determined by City. If the City chooses to exercise its right to set maximum Rates, City shall notify Contractor at least 180 31 City of Fresno Roll-Off Agreement 5/28/2017 calendar days prior to the date that maximum Rates become effective. In such case, City will set maximum Rates with consideration of reasonable and necessary costs for Collection, Processing, Composting, and Disposal and with the intention of setting maximum Rates that will enable parties, including the Contractor, that have executed Non-Exclusive Franchise Agreements with the City for Roll-Off Container Collection Services the ability to recover reasonable and necessary costs and a reasonable profit. 9.3 CONTRACTOR'S RATES Contractor shall set the Rates it charges its Customers for Roll-Off Collection services. The Contractor's Rates shall not exceed City-established maximum Rates, if the City exercises its rights under Section 9.2. ARTICLE 10 INDEMNITY AND INSURANCE 10.1 INDEMNIFICATION Contractor shall, to the furthest extent allowed by law, indemnify, defend with counsel acceptable to the City, protect and hold harmless the City and each of its officers, officials, employees, volunteers, and agents (collectively, indemnitees) from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages), injuries, costs, (including without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including without limit attorneys' expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (collectively, "Damages") of any kind whatsoever paid, incurred or suffered by, or asserted against, indemnitees arising from or attributable to the acts or omissions of Contractor whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including active or passive negligence, except such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor's duty to defend and indemnify herein shall include Damages arising from or attributable to any operations, repairs, clean-up or detoxification, or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste Collected in the City. Contractor shall be required to indemnify the City for the costs for any claims arising from the Processing, Composting, or Disposal of Permitted Materials, including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The foregoing is intended to operate as an agreement to defend and indemnify and hold harmless indemnities to the full extent permitted for liability pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364. In addition, Contractor's duty to defend and indemnify herein includes all fines and/or penalties imposed by the California Department of Resources Recycling and Recovery, subject to the restrictions set forth in Public Resources Code Section 40059.1, if the 32 City of Fresno Roll-Off Agreement 5/28/2017 requirements of the Act are not met by the Contractor with respect to the Permitted Materials Collected under this Agreement, and such failure is due to Contractor delays in providing information that prevents Contractor or City from submitting reports required by the Act in a timely manner. Nothing herein shall waive or limit City's governmental immunities. This provision will survive the expiration or earlier termination of this Agreement and shall not be construed as a waiver of rights by City to contribution or indemnity from third parties. 10.2 INSURANCE (a) Throughout the life of this Agreement, CONTRACTOR shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured. (b) If at any time during the life of the Agreement or any extension, CONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONTRACTOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONTRACTOR of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, vendors, suppliers, invitees, contractors, sub- City of Fresno Roll-Off Agreement 5/28/2017 33 contractors, subcontractors, or anyone employed directly or indirectly by any of them. Coverage shall be at least as broad as : 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment}, products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2 . The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. MINIMUM LIMITS OF INSURANCE EXHIBIT A CONTRACTOR shall procure and maintain for the duration of the contract, and for five years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. City of Fresno Roll-Off Agreement 5/28/2017 34 2. COMMERCIAL AUTOMOBILE LIABILITY $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Insurance as required by the State of California with statutory limits and EMPLOYER'S LIABILITY with limits of liability not less than: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. UMBRELLA OR EXCESS INSURANCE In the event CONTRACTOR purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self- insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) CONTRACTOR shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS (i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days written notice has been given to CITY, except ten days for nonpayment of premium. CONTRACTOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a City of Fresno Roll-Off Agreement 5/28/2017 35 notice of cancellation, non-renewal, or reduction in coverage or in limits, CONTRACTOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONTRACTOR shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General and Automobile Liability insurance policies shall be written on an occurrence form . (iii) The Commercial General, and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees and volunteers as an additional insured. CONTRACTOR shall establish additional insured status for the City and for all ongoing and completed operations under Commercial General and Liability policies by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms : GC 20 10 11 85 or both CG 20 10 & CG 20 37 . (iv) All such policies of insurance shall be endorsed so the CONTRACTORS' insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If CONTRACTOR maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by CONTRACTOR. (v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) For any claims related to this Agreement, CONTRACTOR'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, agents, employees and volunteers . Any insurance or self-insurance maintained by the CITY, its officers, officials, agents, employees and volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. (vii) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers. PROVIDING OF DOCUMENTS -CONTRACTOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S City of Fresno Roll-Off Agreement 5/28/2017 36 execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONTRACTOR shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall suNive expiration or termination of this Agreement. All subcontractors working under the direction of CONTRACTOR shall also be required to provide all documents noted herein. MAINTENANCE OF COVERAGE -If at any time during the life of the Agreement or any extension, CONTRACTOR or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY hereunder shall in any way relieve CONTRACTOR of its responsibilities under this Agreement. The phrase "fail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, its principals, officers, agents, employees, persons under the supeNision of CONTRACTOR, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. SUBCONTRACTORS -If CONTRACTOR should subcontract all or any portion of the seNices to be performed under this Agreement, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein and CONTRACTOR shall ensure that CITY , its officers, officials, employees, agents and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with CONTRACTOR and CITY prior to the commencement of any work by the subcontractor. ARTICLE 11 DEFAULT AND REMEDIES 11.1 EVENTS OF DEFAULT Each of the following shall constitute an event of default ("Event of Default") hereunder: 37 City of Fresno Roll-Off Agreement 5/28/2017 A Contractor fails to perform its obligations under this Agreement, or future amendment to this Agreement, including, but not limited to, Contractor's failure to pay Franchise Fees and other City fees in accordance with Article 8 of this Agreement, and the breach continues for more than ten Business Days after written notice from the City for the correction thereof; B. Contractor's failure to Divert 75% of the C&D, 70% of the Recyclable Materials, and 90% of Organic Materials Collected in the City as required by Section 5.3 of this Agreement after Contractor is given an opportunity to remedy the nonperformance as described in Section 11.5; C. Any representation, warranty, or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation, warranty, or disclosure appears as part of this Agreement; D. There is a seizure or attachment (other than a pre-judgment attachment) of, or levy affecting possession on, the operating equipment of Contractor, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to substantially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within 48 hours excluding weekends and Holidays; E. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing; F. A court having jurisdiction shall enter a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; City of Fresno Roll-Off Agreement 5/28/2017 38 11.2 RIGHT TO TERMINATE UPON DEFAULT Upon a default by Contractor, the City may terminate this Agreement within ten calendar days of the default but no later than one hundred eighty calendar days after the default. Such termination shall be effective ten calendar days following the City's written notice to Contractor, and such termination shall be effective without the need for any hearing, suit, or legal action. 11.3 CITY'S REMEDIES CUMULATIVE; SPECIFIC PERFORMANCE The City's right to terminate the Agreement under Section 11.2 is not exclusive, and the City's termination of the Agreement and/or the imposition of Liquidated Damages shall not constitute an election of remedies. Instead, these rights shall be in addition to any and all other legal and equitable rights and remedies which the City may have. By virtue of the nature of this Agreement, the urgency of timely, continuous and high quality service, the lead time required to effect alternative service, and the rights granted by City to the Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief. 11.4 LIQUIDATEDDAMAGES A General. The Parties find that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The Parties further acknowledge that consistent, reliable Roll-Off Collection, Processing, and Disposal service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in executing this Agreement. The Parties recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents and businesses will suffer damages, and that it is, and will be, 39 City of Fresno Roll-Off Agreement 5/28/2017 impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article, the Parties agree that the Liquidated Damages amounts established in Exhibit A of this Agreement and the following Liquidated Damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the Effective Date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. Contractor agrees to pay (as Liquidated Damages and not as a penalty) the amounts set forth in the Schedule of Liquidated Damages, Exhibit A. City may determine the occurrence of events giving rise to Liquidated Damages through the obseNation of its own employees or representative or investigation of complaints by Customers, occupants, and Generators. Liquidated Damages will only be assessed after Contractor has been given the opportunity but failed to rectify the damages as described in this Agreement. Before assessing Liquidated Damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s) and/or non-performance. The City may review (and make copies at its own expense) all information in the possession of Contractor relating to incident(s) and non-performance. City may, within ten calendar days after issuing the notice, request a meeting with Contractor. City may present evidence of non- performance in writing and through testimony of its employees and others relevant to the incident(s) and non-performance. City will provide Contractor with a written explanation of its determination on each incident(s) and non- performance prior to authorizing the assessment of Liquidated Damages under this Section 11.4. The decision of City shall be final and City shall not be subject to, or required to exhaust, any further administrative remedies. C. Amount. City may assess Liquidated Damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement in the amounts specified in Exhibit A subject to annual adjustment described below. The amount of Liquidated Damages specified in Exhibit A shall be adjusted annually on the anniversary of the Effective Date. The adjustment shall be rounded to the nearest cent. Liquidated Damage amounts shall be adjusted to reflect changes in the Consumer Price Index -All Urban Consumers (CPI-U) compiled and published by the U.S. Department of Labor, Bureau of Labor Statistics or its successor agency, using the following Bureau of Labor Statistics' parameters. • Not Seasonally Adjusted • Area -Los Angeles-Riverside-Orange County, CA 40 City of Fresno Roll-Off Agreement 5/28/2017 • Item -All Items • Base Period -198284=100 The formula for annual adjustment is as follows: Adjusted Liquidated Damage Amount= Then-current Liquidated Damage Amount x most current CPI-U/previous 12-month CPI-U For example: Current Liquidated Damage Amount= $150.00 Most recently published index (January 2017) = 224.610 Index published 12 months prior to most recently published index (January 2016) = 220.719 Adjusted Liquidated Damage Amount= $150.00 x (224.610/220.719) = $152.64 If the CPI-U is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. D. Timing of Payment. Contractor shall pay any Liquidated Damages assessed by City within ten calendar days of the date the Liquidated Damages are assessed. If they are not paid within the ten day period, City may order the termination of the rights or "franchise" granted by this Agreement. 11.5 DIVERSION NON-PERFORMANCE If the Contractor's Diversion level is less than 75% for C&D, less than 70% for Recyclable Materials, and/or less than 90% for Organic Materials Collected in the City for a monthly reporting period, the following steps shall be followed by the City and Contractor. A Warning. The City shall issue a written warning to the Contractor within thirty calendar days of receipt of the Contractor's monthly report documenting the Diversion level for the monthly reporting period. The warning notice shall specify the amount of time (i.e. "correction period") the City grants the Contractor to improve its performance and meet the Diversion requirements defined in Section 5.3. B. Opportunity to Improve Performance. The Contractor shall modify its Collection, Processing, Diversion, and public education and outreach programs (subject to the City's approval) to improve the Diversion level. At the end of the correction period, Contractor shall submit a written report to the City identifying the Diversion level and providing the supporting documentation. If the City determines that the Diversion level equals or exceeds Diversion requirements defined in Section 5.3, the Contractor shall continue to perform services in such a manner as to maintain or improve the Diversion level and the City shall waive its rights to proceed with steps outlined in subsections C and D of this Section 11.5 during the remainder of then-current reporting period. 41 City of Fresno Roll-Off Agreement 5/28/2017 C. Liquidated Damages. If the Contractor fails to improve the Diversion level so that it is equal to or greater than Diversion requirements defined in Section 5.3 by the end of the correction period granted in subsection A of this Section, the City may levy, and Contractor shall pay, Liquidated Damages described in Section 11.4. D. Termination of the Agreement. If Contractor's fails to achieve a Diversion level that equals or exceeds Diversion requirements defined in Section 5.3 within six months of the date the City levied Liquidated Damages, the failure to meet the Diversion requirements defined in Section 5.3 shall be considered an event of default and the City may terminate the Agreement in accordance with Section 11.2. 11.6 CONDITIONS UPON TERMINATION In the event this Agreement is terminated under the provisions of this Article, the following conditions shall be effective: A Prohibit Roll-Off Collection Services. Contractor shall have no right or authority to engage in Roll-Off Collection services in the City for a period of five years from the date of termination. After five years, should the Contractor provide proof that the event causing the Contractor to default under this Agreement has been corrected, the Contractor may reapply for a non-exclusive Roll-Off Collection service franchise, and the City, at the sole and complete discretion of the City, may reinstate the Contractor based on review of its reapplication. B. Continuing Liabilities. Contractor shall remain liable to the City for: 1. Fees due in accordance with Article 8 that would otherwise be payable by the Contractor. 2. Liquidated Damages assessed pursuant to Section 11.4. 3. Reports required by Article 7 for Roll-Off Collection activities performed by Contractor up to and including the date of termination. 4. Indemnity obligations under Section 10.1. 5. Record keeping and retention obligations under Sections 7.1 and 7.2. C. Release Customers and Generators from Obligations. Contractor shall allow Permitted Materials Generators served by Contractor to arrange for Permitted Materials Collection services with a hauler authorized to perform such services, without penalty or liability for breach of any contract between Contractor and its Customers or Generators. D. Remove Roll-Off Containers. Contractor shall remove all of Contractor's Roll- Off Containers from all of Contractor's Collection locations and shall properly 42 City of Fresno Roll-Off Agreement 5/28/2017 Recycle, Process, Compost, or Dispose of Permitted Materials in such Roll-Off Containers. ARTICLE 12 OTHER AGREEMENTS OF THE PARTIES 12.1 RELATIONSHIP OF PARTIES The Parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer nor employee of the City, nor as a partner of, or joint venturer with, the City. No employee or agent of Contractor shall be, or shall be deemed to be, an employee or agent of the City. Except as expressly provided herein, Contractor shall have control over the manner and means of conducting the Roll-Off Container Collection, Transportation, Processing, Recycling, Composting, and Disposal services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Subcontractors, and agents. Neither Contractor nor its officers, employees, Subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with the City. 12.2 PERMITS AND LICENSES Contractor shall obtain and maintain, at Contractor's sole cost and expense, all permits and licenses applicable to Contractor's operations under this Agreement which are required by any governmental agency, including a business license issued by the City of Fresno. 12.3 COMPLIANCE WITH LAW Contractor shall, at all times, at its sole cost, comply with all Applicable Laws. 12.4 GOVERNING LAW This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.5 JURISDICTION Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of Fresno County in the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Fresno County. 12.6 BINDING ON SUCCESSORS The provisions of this Agreement shall inure to the benefit to, and be binding on, the successors and permitted assigns of the Parties. 43 City of Fresno Roll-Off Agreement 5/28/2017 12.7 ASSIGNMENT Neither Party shall assign its rights nor delegate or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other Party. Any such assignment made without the consent of the other Party shall be void and the attempted assignment shall constitute a material breach of this Agreement. Under no circumstances shall any assignment be considered by City if Contractor is in default at any time during the period of consideration. 12.8 PARTIES IN INTEREST Nothing in this Agreement, whether express or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors and permitted assigns. 12.9 WAIVER The waiver by either Party of any breach or violation of any prov1s1ons of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any monies which become due hereunder, shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any provision of this Agreement. 12.10 NOTICE PROCEDURES All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement requires, authorizes or contemplates all, shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or deposited in the United States mail, first class postage prepaid, addressed as follows: A. If to City: Director of Public Utilities, City of Fresno 2600 Fresno St., Room 3065 Fresno, CA 93721-3624 B. If to Contractor: /veyfl, (}.,( !If//~ lfl. ~?-16 /7)/stlJrJ l rt/ 21.r ]a. t: 7?) C?r I/Sr/ ti The address to which communications may be delivered may be changed from time to time by a notice given in accordance with this Section. City of Fresno Roll-Off Agreement 5/28/2017 44 Notice shall be deemed given on the day it is personally delivered or, if mailed, three calendar days from the date it is deposited in the mail. 12.11 REPRESENTATIVES OF THE PARTIES References in this Agreement to the "City" shall mean the City Council and all actions to be taken by the City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the Director and/or to other City officials and may permit such officials, in turn, to delegate in writing some or all of such authority to subordinate officers . The Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. The Contractor shall, by the Effective Date, designate in writing a responsible officer who shall serve as the representative of the Contractor in all matters related to the Agreement and shall inform the City in writing of such designation and of any limitations upon his or her authority to bind the Contractor. The City may rely upon action taken by such designated representative as actions of the Contractor unless they are outside the scope of the authority delegated to him/her by the Contractor as communicated to City . 12.12 CRIMINAL ACTIVITY OF CONTRACTOR 12.12.1 Criminal Activity For purpose of this Section, Criminal Activity shall mean any of the following events or circumstances: A Convictions. The entry against any Contractor Party or its officers, of a criminal conviction or a permanent mandatory or prohibitory injunction from a court, municipality, or regulatory agency of competent jurisdiction, based on acts taken in his or her official capacity on behalf of Contractor with respect to: 1. Fraud or criminal offense in connection with obtaining, attempting to obtain, procuring or performing a public or private agreement related to municipal Solid Waste services of any kind (including Collection, Transportation, transfer, Processing, Recycling, Composting, or Disposal), including this Agreement or any amendment thereto; 2. Bribery or attempting to bribe a public officer or employee of a local, State, or Federal agency; 3. Embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; 4. Unlawful disposal of Hazardous Wastes, the occurrence of which any Contractor Party knew or should have known; City of Fresno Roll-Off Agreement 5/28/2017 45 5. Violation of antitrust laws, including laws relating to price-fixing, bid- rigging, and sales and market allocation, and of unfair and anti-competitive trade practices laws; 6. Violation of securities laws; and 7. Felonies . B. Pleas. Entry of a plea of "guilty," "nolo contendere," or "no contest" by a Contractor Party based on acts taken in his, her, or its official capacity on behalf of Contractor with respect to the conduct described in preceding Section 12.12.1.A. 12.12.2 Notice Contactor shall notify City in writing within five calendar days of occurrence of any Criminal Activity by any Contractor Party. 12.12.3 Contractor's Cure Upon occurrence of any Criminal Activity, Contractor shall immediately do or cause to be done all of the following: A. Terminate from employment or remove from office any offending individual Contractor Party, unless otherwise directed or ordered by a court or regulatory agency of competent jurisdiction or authority, and unless that termination would constitute a breach of any labor agreement entered into by Contractor, and B. Eliminate participation by any offending individual Contractor Party in any management, supervision, or decision activity that affects or could affect, directly or indirectly, the performance of the Contractor under this Agreement. 12.12.4 Transfer and Hiring Contractor shall not allow or cause to be allowed to hire or transfer any individual from any Parent Company or subsidiary company or business entity of Contractor who has committed Criminal Activity as a Contractor representative, field supervisor, officer, or director who is directly or indirectly responsible for performance of this Agreement without obtaining prior written consent of City, following full disclosure to City of the facts and circumstances surrounding such Criminal Activity. 12.12.5 City's Remedy In the event of any occurrence of Criminal Activity, the City, in its sole discretion, may terminate the Agreement within thirty calendar days written notice to Contractor, or may impose other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it will deem proper, in the following events: A. Contractor fails to comply with the foregoing obligation of this Section, or B. The Criminal Activity concerns or relates directly or indirectly to this Agreement. City of Fresno Roll-Off Agreement 5/28/2017 46 Contractor shall be given the opportunity to present evidence in mitigation during the thirty calendar day notice period. 12.13 ACKNOWLEDGEMENT OF PUBLIC RESOURCES CODE SECTION 49520 NOTICE If Contractor has lawfully provided solid waste collection services in the City for more than three years prior to July 1, 2017, (and is therefore entitled to the notice provided for in Public Resources Code 49520), Contractor shall consider execution of this Agreement by the City as City's notice to Contractor, pursuant to Public Resources Code 49520, that Contractor may provide service for a period of five years beyond July 1,2017, after which time the City has the right to establish an exclusive franchise collection system. ARTICLE 13 MISCELLANEOUS AGREEMENTS 13.1 ENTIRE AGREEMENT This Agreement, including the Exhibits, represents the full and entire Agreement between the Parties with respect to the matters covered herein. 13.2 SECTION HEADINGS The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 13.3 REFERENCES TO LAWS All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 13.4 INTERPRETATION This Agreement shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. 13.5 PRONOUNS AND PLURALS; TENSE When not inconsistent with the context, words and phrases used in the present tense include the future, and words and phrases used in the singular number include the plural number. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine and neuter forms, and the singular form of nouns, pronouns and verbs shall include the plural and vice versa. City of Fresno Roll-Off Agreement 5/28/2017 47 13.6 TEXT TO CONTROL The captions of the Articles or Sections in this Agreement are for convenience only and in no way define, limit, extend or describe the scope or intent of any of the provisions hereof, shall not be deemed part of this Agreement and shall not be used in construing or interpreting this Agreement. 13.7 AMENDMENT This Agreement may not be modified or amended in any respect except in writing signed by the Parties. 13.8 SEVERABILITY If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein. 13.9 COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be considered an original. 13.10 EXHIBITS Each of the Exhibits identified as Exhibit "A" through "D" is attached hereto and incorporated herein and made a part hereof by this reference. City of Fresno Roll-Off Agreement 5/28/2017 48 IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed on the day and year first above written. CITY OF FRESNO, A California municipal corporation By: ___________ _ Name:. _________ _ Title: _________ _ NORTH C L HAULING COMPANY, A gener p rtnership By: ----'~"-'""'---------- Name: at1Qf'ltrl; j)f) W th?~ APPROVED AS TO FORM: Title: Pr eJ /W i: DOUGLAS T. SLOAN (If corporation or LLC, Board Chair, City~tt~e~ Pres. or Vice Pres.) By: _A---,/02-ldf/7?,y: ___ _ ame:~~ ~ Deputy City Attorney ATIEST: YVONNE SPENCE, CMC City Clerk By: ___________ _ Deputy City of Fresno Roll-Off Agreement 5/28/2017 Name: Title: ----------- -----------(If corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) Business License: 49 EXHIBIT A SCHEDULE FOR LIQUIDATED DAMAGES Contractor may be assessed Liquidated Damages if Contractor fails to fulfill its obligations with regards to the events listed in this Exhibit in accordance with the terms and conditions of the Agreement with regards to the time frame for accomplishing each event and nature of the responsibility associated with the event unless otherwise stated in this Exhibit. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 Diversion. Failure to achieve and maintain a m1mmum of 75% Diversion per month of all C&D Collected within the City, 70% Diversion per month of all Recyclable Materials Collected within the City, and 90% of all Organic Materials Collected within the City. Leaks, Litter or Spills. For each occurrence over five during a calendar year of unreasonable leaks, litter, or spills of Permitted Materials near or on public streets and failure to ick u or clean u such material immediate! . Unauthorized Collection Hours. For each occurrence over five during a calendar year of Collecting Permitted Materials durin unauthorized hours. Excessive Noise. For each occurrence over 10 during a calendar ear Cleaning Collection Vehicles. For each occurrence over five during a calendar year for failure to keep Collection vehicles in a safe and sanita condition. Labeling of Roll-Off Containers. For each occurrence of Contractor's failure to correctly label Contractor-owned 1-· · r · · Discourteous Behavior. For each occurrence of discourteous behavior b Collection vehicle ersonnel customer service Injuries to Others. For each incident of personal injury to a Person requiring medical treatment or hospitalization, where the negligence of the Contractor or Its ersonnel was a contributin factor to the in'u . Monthly Reports. Failure to submit monthly reports in the timeframe s citied in this A reement. Report Hazardous Waste. For each failure to notify the appropriate authorities of reportable quantities of Hazardous Waste. A- 50 The greater of $5,000 or 10% of the gross Rate revenues received for providing C&D, Recyclable Materials, and Organic Materials services in the City, for the most recent 12-month $300/event $300/event $300/event $150/event $500/event $500/event $5,000/ incident $300/day• $500/event 11 Failure of Other Obligations. Failure to perfonn any of $150/ for each the obligations set forth in this Agreement not specifically obligation per day stated above and not corrected or proceeding in good until obligation is faith to correct within 24 hours upon 24 hour notification oerfonned * Monthly reports shall be considered late until such time as a correct and complete monthly report is received by City. For each calendar day a report is late, the daily Liquidated Damage shall be as indicated in the monthly reports section above. In placing Designee's initials at the places provided, each Party specifically confinns the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made. Contractor f) ,J / Initial Here:~ City Initial Here: __ _ A- 51 EXHIBIT B SECRETARY'S CERTIFICATION The undersigned, being the Secretary of /{Or "'-/1, a; If VII//; '10. a Company Name v California corporation ("the Company"), do hereby certify that the following resolution was adopted by the Board of Directors of the Company and that such resolution has not been amended, modified or rescinded and is in full force and effect as of the date hereof: RESOLVED, that f/lr!t1_,?tlt} ~ !,, /Jt M, and hereby is, authorized to Name of Designated Representative execute by and on behalf of the Company any and all agreements, instruments, documents or papers, as he/she may deem appropriate or necessary, pertaining to or relating to the Non-Exclusive Franchise Agreement between the City of Fresno and Company for Roll-Off Container Collection, Transporting, Processing, Recycling, Composting, and Disposal of Permitted Materials and that any such action taken to date is hereby ratified and approved. Dated: b/7r//;;- i Signature /iheJ'/aM-;---- Title B-1 This page intentionally blank EXHIBITC STATEMENT OF APPLICANT'S UNDERSTANDING AND REPRESENTATIONS The undersigned (who is duly authorized to bind the company submitting this application) has reviewed the requirements of the non-exclusive franchise agreement for Roll-Off Collection, Transporting, Processing, Recycling, Composting, and Disposal services for Solid Waste, Recyclable Materials, Organic Materials, and C&D, its exhibits, and reference documents. In addition, the undersigned attests that this application and any other supplementary information submitted with this application do not: (i) contain any untrue statement of a material fact, (ii) contain inaccurate or misleading information, or (iii) omit to state a material fact that is necessary to make the statements made, in light of the circumstances in which they were made, not misleading. Print Name Date Title Company Name ~ Signature C-1 This page intentionally blank EXHIBIT D APPROVED PROCESSING AND RESIDUE DISPOSAL FACILITIES The following facilities were selected by the Contractor and approved by the City. Appraved C&O Processing Approved , Organics Srte Process,ng 1 Faclll~ name Faclllty address i/111~ Jlt1llly iJj,tJ~J'M , i'o & f I J-(f 8J- (Tt'f ,,o vf1 '?,J-?-~:J- I l SWIS number ! 5"5l!-~f 3-74t:1-.-1- Owner 1 Operator Facility name 1 Faclllty address Approved Recyclables Approved DJsposal SJte Processing (A'ppllcable for R~ldue Site Only)* 16r~ VPlf& Recy~l/~ _ l ?~ Boy /IOPJ, I {r~f/Jp t?Jfr C/Jl-:J-; : §:9tf/-Zv6--USO I SWISnumber Owner Operator ~ .... -~' Facllityname Facility address Approved Recyclables Processing Site~ -I l i I SWIS number _11 r r Approved DlsposalcSlte (Applicable for Residue Ooly:)* f owner + Operator '- * All Solid Waste shall be Disposed of at the Designated Disposal Facility. Contractor Initial Here:~ City Initial Here: --- I -I I j 1 ~ I I --1 This page intentionally blank City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1444 Agenda Date:10/26/2017 Agenda #:1-G REPORT TO THE CITY COUNCIL October 26, 2017 FROM:WILMA QUAN-SCHECTER, City Manager Office of the Mayor and City Manager BY:LAURA GLORIA, Business Manager Office of the Mayor and City Manager SUBJECT Approve First Amendment to the Amended and Restated Disposition and Development Agreement between Cesar Chavez Foundation and the City of Fresno RECOMMENDATION Staff recommends that City Council approve the First Amendment to the Amended and Restated Disposition and Development Agreement (First Amendment)between Cesar Chavez Foundation (CCF)and the City of Fresno (City)for certain real property in the City of Fresno,California commonly known as the 5100 block of E.Kings Canyon Road,Fresno,CA 93727 (Property). Additionally,Staff recommends the City Council authorize the City Manager or his designee to complete negotiations and execute the First Amendment subject to approval as to form by the City Attorney. EXECUTIVE SUMMARY CCF was successful in its application in the Affordable Housing and Sustainable Communities Program (AHSC)created by Senate Bill 862 (2014)to reduce greenhouse gas emissions through projects that implement land use,housing,transportation,and agricultural land preservation practices to support infill and compact development.CCF will be constructing and installing improvements via the Sustainable Transportation Improvement (STI)and Transportation Related Amenities (TRA)grant funds which include items such as street lights and infrastructure improvements that will ultimately be deeded over to the City.As CCF is the sole applicant and grantee for the AHSC program,the First Amendment will clarify the maintenance responsibilities of STI and TRA improvements between CCF and the City once they are built and for the remainder of the grant term. BACKGROUND City of Fresno Printed on 3/6/2023Page 1 of 2 powered by Legistar™ File #:ID17-1444 Agenda Date:10/26/2017 Agenda #:1-G On September 30,2016,CCF was notified that its project was awarded $15.6 million through the AHSC Program for the Kings Canyon Connectivity Project.This $31.7 million project consists of a 135-unit affordable multi-family development and components such as improved walk paths, dedicated bike paths and crosswalks,connecting residents to,major retail,social services, education,employment opportunities,and future Bus Rapid Transit services.This project also contains Transportation Related Amenities (TRA),Housing Related Infrastructure (HRI)components, Sustainable Transportation Improvements (STI)and a workforce training/employment strategies program which will offer construction apprenticeships and a career training/placement program targeting renewable energy industry opportunities.As CCF is the recipient and implementer of the project including the public improvements which will ultimately be deeded to the City,the First Amendment will clarify the parties’roles in the construction and maintenance of improvements between CCF and the City once they are built and for the remainder of the grant term. ENVIRONMENTAL FINDINGS This action is not a project pursuant to CEQA Guidelines 15378. LOCAL PREFERENCE Local preference is not applicable because this is not a contract for goods,services,or public work of improvement. FISCAL IMPACT CCF will use AHSC grant funds to build the improvements totaling a $668,472 investment in the City’s infrastructure.Upon completion,the public improvements will be accepted by the City and the maintenance will fall under the corresponding department’s budgets for such required services. Attachment: First Amendment to Amended and Restated Disposition and Development Agreement City of Fresno Printed on 3/6/2023Page 2 of 2 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1412 Agenda Date:10/26/2017 Agenda #:1-H REPORT TO THE CITY COUNCIL October 26, 2017 FROM:JIM SCHAAD, Director Department of Transportation BY:DUANE MYERS, Fleet Manager Department of Transportation, Fleet Management Division CLIFF TRAUGH, Sr. Management Analyst Department of Transportation, Fleet Management Division SUBJECT: Actions pertaining to a purchase contract with Papé Kenworth: 1.***RESOLUTION -31st amendment to the Annual Appropriation Resolution (AAR)No.2017- 165 appropriating $306,000 for two Kenworth T300 cab and chassis,two utility bodies,and two high volume air compressors (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2.Approve the award of a purchase contract to Papé Kenworth of Fresno, CA, for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000 RECOMMENDATION Staff recommends Council approve the 31st Amendment to the AAR No.2017-165 appropriating $306,000 for two Kenworth T300 cab and chassis,two utility bodies,and two high volume air compressors,and approve the award of a purchase contract to Papé Kenworth for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000. EXECUTIVE SUMMARY The Water Division,under the Department of Public Utilities,wishes to purchase two Kenworth T300 series trucks to replace existing units. The new trucks will be used by the maintenance team to repair and replace water lines throughout the city.Each cab and chassis will be outfitted with a high volume air compressor designed to operate two jack hammers and a utility body large enough to contain all needed materials.These units will also be designed with enough capability to haul a mini excavator on a trailer while fully loaded.The needed pipe fitter trucks will be purchased as replacements for units past their useful City of Fresno Printed on 3/6/2023Page 1 of 3 powered by Legistar™ File #:ID17-1412 Agenda Date:10/26/2017 Agenda #:1-H life. The re-appropriated $306,000 will cover the cost of the complete trucks.The Department of Transportation is requesting approval to purchase the two cab and chassis from Papé Kenworth at $136,000.The remaining $170,000 of needed equipment will be purchased on separate approved contracts. The Department of Transportation recommends the purchase based on repair cost,age,and safety concerns.The cab and chassis will be purchased through a competitively solicited cooperative procurement process administered by the National Joint Powers Alliance (NJPA). BACKGROUND The Water Division,under the Department of Public Utilities,is responsible for delivering safe drinking water to approximately 500,000 residential,commercial,and industrial customers over a 114 square mile area.This mission is accomplished through continuous repair and maintenance to the system.These maintenance activities often require crews to excavate and expose water lines to complete repairs.This task requires large trucks to haul pipe,parts,and excavation equipment to and from the jobsite. The Water Division currently uses F-550 trucks to haul pipe fittings,jack hammers,tools,and mini excavators.These trucks are loaded to capacity daily,which has led to pre-mature break downs,and ultimately engine failures.The new pipe fitter trucks will be based on a Kenworth T300 series cab and chassis,which has a 33 percent higher capacity over the F-550 series trucks.This upgrade from class five to class six will make the trucks robust enough to haul all needed equipment to and from the jobsite safely and efficiently. The existing two units have been identified for replacement due to age and excessive repair costs. The first unit experienced a total engine failure in March,and the second unit is five years past its useful life.Staff recommends replacement of these units as soon as possible in order to keep up with the continuous maintenance schedule of the water system. The equipment will be purchased utilizing competitively solicited cooperative procurement process administered by the NJPA.The purchase price per unit is $68,000.This price includes the NJPA discount applied to City purchases,as well as sales tax at 7.975 percent.The Purchasing Division has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378, the award of this contract does not qualify as a “project,” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because the City is purchasing these items through another governmental entity. FISCAL IMPACT City of Fresno Printed on 3/6/2023Page 2 of 3 powered by Legistar™ File #:ID17-1412 Agenda Date:10/26/2017 Agenda #:1-H No general funds will be used to purchase these items.The funding for the additional appropriations will come from the Water Division replacement fund. Attachment: Resolution Amending the AAR City of Fresno Printed on 3/6/2023Page 3 of 3 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 31ST AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2017-165 APPROPRIATING $306,000 FOR THE PURCHASE OF TWO KENWORTH T300 CAB AND CHASSIS, TWO UTILITY BODIES, AND TWO HIGH VOLUME AIR COMPRESSORS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby amended as follows: Increase/(Decrease) TO: TRANSPORTATION DEPARTMENT Fleet Replacement $ 306,000 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Fleet Replacement Revenues: Account: 30101 Transfer from Fund Balance $ 306,000 Fund: 50502 Org Unit: 456501 Total Revenues $ 306,000 Appropriations: Account: 57423 Replacement Fleet Aquisition $ 306,000 Fund: 50502 Org Unit: 456501 Total Appropriations $ 306,000 THAT the purpose is to appropriate $306,000 for the purchase of two Kenworth T300 cab and chassis, two utility bodies, and two high volume air compressors for the Water Division. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO_ } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2017 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: _. , 2017 Mayor Approval/No Return: _. , 2017 Mayor Veto: _. , 2017 Council Override Veto: _. , 2017 YVONNE SPENCE, CMC City Clerk BY: __________________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1429 Agenda Date:10/26/2017 Agenda #:1-I REPORT TO THE CITY COUNCIL October 26, 2017 FROM:JIM SCHAAD, Director Department of Transportation BY:DUANE MYERS, Fleet Manager Department of Transportation, Fleet Management Division CLIFF TRAUGH, Sr. Management Analyst Department of Transportation, Fleet Management Division SUBJECT Actions pertaining to a purchase contract with Papé Kenworth: 1.***RESOLUTION -32nd amendment to the Annual Appropriation Resolution (AAR)No.2017- 165 appropriating $212,500 for Kenworth T300 cab and chassis,larger bodies,and high volume air compressors to complete this project (Requires 5 affirmative votes) (Subject to Mayor’s veto) 2.Approve the award of a purchase contract to Papé Kenworth of Fresno CA, for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000 RECOMMENDATION Staff recommends Council approve the 32nd Amendment to the Annual Appropriation Resolution (AAR)No.2017-165 appropriating $212,500 for two Kenworth T300 cab and chassis,two utility bodies,and two high volume air compressors,and approve the award of a purchase contract to Papé Kenworth for the purchase of two Kenworth T300 cab and chassis in the amount of $136,000. EXECUTIVE SUMMARY The Water Division,under the Department of Public Utilities,wishes to purchase two Kenworth T300 series cab and chassis to correctly equip the growing maintenance team. The new trucks will be used by the maintenance team to repair and replace water lines throughout the City.Each cab and chassis will be outfitted with a high volume air compressor designed to operate two jack hammers,and a utility body large enough to contain all needed materials.These units will also be designed with enough capability to haul a mini excavator on a trailer while fully loaded.The trucks will be purchased as additions to the Water Division fleet in an effort to right size the maintenance team and keep up with increasing infrastructure repairs. The Department of Transportation recommends the purchase based on the scope of work being performed by the maintenance team.The units would be purchased through a competitively solicited cooperative procurement process City of Fresno Printed on 3/6/2023Page 1 of 2 powered by Legistar™ File #:ID17-1429 Agenda Date:10/26/2017 Agenda #:1-I maintenance team.The units would be purchased through a competitively solicited cooperative procurement process administered by the National Joint Powers Alliance (NJPA). BACKGROUND The Water Division,under the Department of Public Utilities is responsible for delivering safe drinking water to approximately 500,000 residential,commercial,and industrial customers over a 114 square mile area.This mission is accomplished through continuous repair and maintenance to the system.These maintenance activities often require crews to excavate and expose water lines to complete repairs.This task requires large trucks to haul pipe,parts,and excavation equipment to and from the jobsite. The Water Division currently uses F-550 trucks to haul pipe fittings,jack hammers,tools,and mini excavators.These trucks are loaded to capacity daily,which has led to pre-mature break downs,and ultimately engine failures.The new pipe fitter trucks will be based on a Kenworth T300 series cab and chassis which has a 33%higher capacity over the F- 550 series trucks.This upgrade from class five to class six will make the trucks robust enough to haul all needed equipment to and from the jobsite safely and efficiently. Due to the frequency of truck break downs caused by heavy loading and the increase in infrastructure repairs over the last several years,the Water Division has been left with a shortage of class five trucks.Currently the crews that will operate the two new trucks are working out of several half ton pickups.This creates a situation where multiple trips between the water yard and jobsite are required just to get all the needed materials.The two new pipe fitter trucks will eliminate this multiple trip problem by being self-contained, fully outfitted units, with all needed tools and parts on board. The equipment will be purchased utilizing competitively solicited cooperative procurement process administered by the National Joint Powers Alliance (NJPA).The purchase price per unit is $68,000.This price includes the NJPA discount applied to City purchases as well as sales tax at 7.975%.The Purchasing Department has approved this contract and recommends Council to approve. ENVIRONMENTAL FINDING By the definition provided in the California Environmental Quality Act (CEQA)Guidelines Section 15378,the award of this contract does not qualify as a “project,” as defined by CEQA. LOCAL PREFERENCE Local preference was not implemented because the City is purchasing these items through another governmental entity. FISCAL IMPACT No general funds will be used to purchase these items.The funding for the additional appropriations will come from the Water Division replacement fund. Attachment: 32nd Amendment to the Annual Appropriation Resolution No. 2017-165 City of Fresno Printed on 3/6/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 2 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 32nd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2017-165 APPROPRIATING $212,500 FOR THE PURCHASE OF TWO KENWORTH T300 CAB AND CHASSIS, LARGER BODIES, AND HIGH VOLUME AIR COMPRESSORS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby amended as follows: Increase/(Decrease) TO: TRANSPORTATION DEPARTMENT Fleet Replacement $ 212,500 THAT account titles and numbers requiring adjustment by this Resolution are as follows: Fleet Replacement Revenues: Account: 30101 Transfer from Fund Balance $ 212,500 Fund: 50502 Org Unit: 456501 Total Revenues $ 212,500 Appropriations: Account: 57421 New Vehicle Acquisition $ 212,500 Fund: 50502 Org Unit: 456501 Total Appropriations $ 212,500 THAT the purpose is to appropriate $212,500 for the purchase of two Kenworth T300 cab and chassis, larger bodies, and high volume air compressors for the Water Division. 2 of 2 CLERK’S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO_ } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2017 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: _. , 2017 Mayor Approval/No Return: _. , 2017 Mayor Veto: _. , 2017 Council Override Veto: _. , 2017 YVONNE SPENCE, CMC City Clerk BY: __________________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: REPORT TO THE CITY COUNCIL October 26, 2017 FROM:WILMA QUAN-SCHECTER, City Manager Office of the City Manager DOUGLAS T. SLOAN, City Attorney City Attorney’s Office SUBJECT Anti-Slum Enforcement Team (ASET) Quarterly Status Report and Update on Rental Housing Improvement Act RECOMMENDATION City Manager’s Office and City Attorney’s Office to provide a quarterly status report briefing the City Council on the Anti-Slum Enforcement Team (ASET)and an update on the Rental Housing Improvement Act. EXECUTIVE SUMMARY The Administration,City Attorney’s Office (CAO),and Development and Resource Management (DARM)Rental Housing Division staff are working in a coordinated effort to aggressively pursue compliance for egregious violations of rental properties.The CAO has two lawyers (plus one vacancy),two legal investigators,a paralegal position,and a legal secretary in ASET,plus law clerks to assist with related Code Enforcement Division matters.DARM has hired a Rental Housing Division manager,an ASET supervisor,and six ASET inspectors as of October 2,2017.The City Manager and City Attorney’s Office has committed to provide weekly status report (attached)as well as the quarterly update provided in this report concerning the status of ASET,results obtained,and any additional resources necessary to accomplish the mission. BACKGROUND The ASET is dedicated to reducing urban blight and improving the lives of City residents by encouraging voluntary code compliance and initiating legal proceedings focusing on the egregious property owners who chose to ignore applicable health and safety laws.ASET will seek to obtain compliance through intensive and focused code enforcement efforts,including expedited civil litigation and possible criminal prosecution of the worst offenders. City of Fresno Printed on 3/6/2023Page 1 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: Through the ASET and other supportive ordinances,the City acknowledged there were not sufficient resources and/or strategies needed to effectively address code violations throughout the City.As such,ASET was established to pursue the most egregious violators by utilizing fines, reimbursements and receiverships in order to send a strong message to irresponsible property owners of substandard properties that failing to provide safe and decent rental housing opportunities is no longer acceptable.In order to support this effort,Mayor Swearengin’s Fiscal Year (FY)2017 Budget provided funding to add two lawyers to the CAO in addition to a paralegal and a legal secretary to pursue egregious violators.During that time DARM assigned two dedicated inspector positions from the Code Enforcement Division to ASET.A subsequent amendment,later codified in Mayor Brand’s FY2018 budget provided additional funding to add an additional lawyer,two legal investigators,and law clerks to the CAO portion of ASET.DARM also received funding for a new Rental Housing Division,which included one manager and two support staff,who will oversee the ASET Unit (1 supervisor,4 new inspectors,2 existing inspectors),and a proactive rental health and safety inspections unit (1 supervisor,10 inspectors),and a reactive rental housing unit (3 inspectors). This new Division represents 24 new positions in DARM,some positions becoming available beginning October 1, 2017. RESULTS OBTAINED Staffing:As of October 2,the DARM ASET division manager,support staff,and the ASET Unit positions (10) have all been filled. Coordination:The City Manager’s Office continues to convene a quarterly cross-sector stakeholder meeting focused on ASET properties.This group includes the CAO,DARM,Fresno Police Department,Fresno Fire Department,the Fresno Housing Authority,and most recently,the County of Fresno.The Administration,DARM,and the CAO continue to coordinate hiring,training, identification of problem properties, and strategies required to obtain compliance. Problem Properties:The following summaries are examples of results obtained since the last quarterly report to Council. Examples of Current Active Cases: ·5035-5049 E. Lane (1,290 Violations) ASET has completed inspections of all sixteen units and the exterior of this apartment complex. These inspections revealed significant substandard conditions and health and safety issues.A Notice and Order identifying more than 330 exterior violations was issued on August 31,2017,giving the property owner until September 30,2017,to cure the violations.An administrative hearing is scheduled for October 18,2017.An additional Notice and Order identifying more than 960 interior violations was issued on September 26,2017,giving the property owner until October 26,2017,to cure the violations. ·West Shaw Estates at 4954 N. Holt (750+ Violations) In February of this year,ASET,in conjunction with the Fresno Housing Authority,Fresno Fire Department and Fresno Police Department,began inspecting the condominium complex known as West Shaw Estates.The complex became a target largely due to a request by the Fresno Police Department based on the excessive number and nature of police calls for service.Inspections revealed exterior common area substandard conditions,including illegally occupied structures, City of Fresno Printed on 3/6/2023Page 2 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: revealed exterior common area substandard conditions,including illegally occupied structures, electrical theft and damage,unsafe and unpermitted balconies,broken light fixtures,and a swimming pool that required immediate action in order to mitigate potential health and safety issues. This property is unique in that it is a condominium complex consisting of more than 200 units having individual ownership versus an apartment complex with a single owner.The West Shaw Estates Homeowners Association (HOA),however,is responsible for common area repairs and maintenance. As such,Notice and Orders were issued to the HOA for in excess of 750 common area violations. Administrative Citations were subsequently issued to the HOA for a total of $162,750.The HOA has appealed the citations and an administrative hearing is scheduled for October 30,2017.Given the size and number of units at West Shaw Estates,this property has and continues to require significant amounts of time, staff and resources throughout 2017. ·1367 E. San Ramon ·6540 N. Winery A Petition to Appoint a Health &Safety Receiver was granted by the Superior Court concerning properties at 1367 E.San Ramon and 6540 N.Winery owned by Brian Rosene and others.Mr. Rosene owns a number of properties in the Fresno area and has had a history of code violations, including a vacant home where five people were killed as a result of the home catching on fire. There have been significant,unsuccessful attempts over the years and more recently to locate Mr. Rosene.The newly appointed Receiver plans to sell 1367 E.San Ramon “as-is”requiring the buyer to cure the code violations.Additionally,the Receiver seeks court approval to cure the code violations on Winery before its sale. ·4853 E. University (129 Violations) This property is a vacant and abandoned five unit apartment complex that is regularly broken into and used by squatters and transients.ASET has filed a petition for the appointment of a receiver after an inspection found 129 violations of the Health and Safety Code and the Fresno Municipal Code. The City’s Petition will be heard on December 19, 2017. ·1115 W. Simpson ·1203 W. Simpson These two properties consist of a twenty-two unit apartment complex (1115)and a sixteen unit apartment complex (1203)located side by side.The complexes are owned by two different owners, but contain many of the same types of substandard housing issues,some of which are caused by transients and squatters.ASET sent letters to each property owner in order to discuss the health and safety violations that are present at each property.Each property owner has contacted ASET,and progress is being made to address the violations.Inspections are scheduled to be completed in October.This is an example of an approach that targets a problem area,rather than one property at a time.Additionally,it encourages voluntary compliance by property owners before litigation.In the future,a joint meeting with both property owners present may be held in order to discuss methods for remedying shared problems. Examples of Recently Completed Cases: ·4538 E. Olive and 1131 N. Jackson (Clay) (225 Violations) After more than one year of work,ASET obtained a court ordered health and safety receivership,the first ever in Fresno County,for properties at 4538 E.Olive and 1131 N.Jackson owned by Guadalupe City of Fresno Printed on 3/6/2023Page 3 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: first ever in Fresno County,for properties at 4538 E.Olive and 1131 N.Jackson owned by Guadalupe Fernandez.At the time of the initial inspection,these properties had more than 200 code violations throughout thirteen units.The process of compliance and ultimately a receivership was initiated as part of the Strike Team on Problem Properties (STOPP),prior to ASET being approved.The Court appointed a receiver to take control of the property,obtain funding for repairs,make the repairs,and sell the property to fund the receiver’s costs,liens,and hard-costs incurred by the City.Compliance has been achieved,and the property has been sold.The rehabilitated rental units meet all health and safety regulations. ·530 N. Weber (also known as Hotel California) (1,043 Violations) The City received reports of substandard conditions and lack of heat at the Hotel California at 530 N. Weber,and quickly pursued enforcement efforts in late December 2016 and January 2017.The property was ordered to be vacated,largely because of defective wiring that was a fire hazard.ASET provided legal assistance for the relocation of tenants.The owner has made full repairs and has paid a settlement to the City for costs associated with relocation and administrative time. ·2307 N. Maroa (20 Violations) ASET filed a petition for receivership regarding this vacant single family home with code violations and significant police calls for service.A settlement was reached with the property owner curing the violations and City’s enforcement costs paid. Additional actions resulting in settlements and compliance are set forth in the weekly ASET status report. LAW CLERK ASSIGNMENTS Law Clerks have successfully petitioned the Fresno Superior Court to issue inspection and abatement warrants.They have also assisted various DARM enforcement staff in gaining voluntary compliance through discussions with mortgage lenders,issuing demand letters pre-litigation,and drafting civil complaints.They are also handling administrative appeals of Fresno Police Department Management of Real Property Ordinance (MORPO) citations. SACRAMENTO VISIT City officials and ASET members were hosted by the City of Sacramento’s staff and legal team in May to discuss the City of Sacramento’s version of ASET.This trip brought insight into another jurisdiction’s process and potential strategies the City of Fresno might consider.Interestingly,it confirmed some of the ASET strategies currently in use were similar to what has been effective in Sacramento.Many topics were discussed,including increased cooperation with police agencies,the use of different types of injunctions,health and safety receiverships,and department organizational structures. OBSERVATIONS ASET is coming up on its one year anniversary and is still evolving.With significant successes already achieved,it is important to recognize that there is still much work remaining.As in all levels of government,staffing changes and open positions have delayed ASET from reaching its full potential.However,we are pleased to report again that on October 2,2017,all DARM positions have been filled.Regardless,the process of identifying and focusing on the worst violators to obtain the best return on investment for occupants of rental housing continues. City of Fresno Printed on 3/6/2023Page 4 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: As ASET develops,it is constantly learning from its experiences and seeking new methods of obtaining compliance.With some of Fresno’s high volume property owners,ASET has sent letters highlighting the substandard conditions of their properties and has requested in-person meetings to discuss compliance with the owners.This approach educates property owners that have neglectfully allowed their properties to deteriorate about their legal obligations,and facilitates compliance.This process also educates ASET on other problem properties in neighborhoods. Community outreach and education is a continuing goal.ASET’s legal experts are in the process of developing a “Walk and Talk”program,modeled after the City of Santa Maria,in order to reach additional residents in the community,initially focusing on those in areas of successful projects.They have also developed brochures that it intends to distribute in the community to educate both tenants and landlords about their rights and responsibilities.The ASET legal team is also working on memos and potential trainings regarding the use of the Management of Real Property Ordinance,(MORPO) by police in appropriate situations.These community outreach methods also include education about the Proactive Rental Housing Inspection Program. To accomplish ASET’s mission of targeting the most egregious violators of residential rental properties with substandard living conditions,the members of the team,staff and CAO,need to be readily available and able to move quickly to identify,inspect,document,and prosecute violations. The introduction of the legal investigator position has aided ASET in responding more efficiently to concerns from Councilmembers and the community.There is more work to be done,however,to improve efficiency and increase the number of properties and units that can be targeted. Options to accomplish this may include, but are not necessarily limited to: 1.Continue to work with the City Manager’s Office concerning resource allocation. 2.Provide training opportunities to allow for greater expertise and efficiency. 3.Continue to refine collaboration between ASET team members to maximize results. 4.Continue to reexamine changes to the FMC that may assist in prosecution,collection,and obtaining compliance. 5.Increase collaboration between ASET and the police officers assigned to certain neighborhoods.The ASET legal team is in the process of scheduling a meeting with all of the POP officers to open up this communication and proactively address problem properties. 6.Increase focus on vacant properties.These blighted properties attract crime.Yet,thorough compliance by current owners or a change in ownership there is a possibility to provide significant additional affordable housing. 7.Set up communication with the County of Fresno regarding tax sales of delinquent properties and other significant tax issues that ASET has encountered. 8.As the Proactive Rental Housing Inspection Program is implemented,coordinate between those inspections and ASET to identify additional targets. 9.Publicize results to deter other property owners from maintaining slum conditions. 10.Educate the community,owners and tenants,as to their rental housing rights and responsibilities. 11.Collaborate with other agencies and organizations to identify problems where we can maximize our return on investment. RENTAL HOUSING DIVISION - RENTAL HOUSING IMPROVEMENT ACT - UPDATE The purpose of the Rental Housing Division is to address the issue of substandard rental properties,City of Fresno Printed on 3/6/2023Page 5 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: The purpose of the Rental Housing Division is to address the issue of substandard rental properties, promote greater compliance with health and safety standards and to preserve the quality of Fresno’s neighborhoods and available housing opportunities.The goal is to work with property owners to achieve compliance of health and safety code violations that are a threat to the occupant’s safety, structural integrity of the building, and have a negative impact on the surrounding neighborhoods. The Rental Housing Division includes three units:1)ASET 2)Rental Housing Improvement Program 3)Reactive Rental Housing.The purpose of this update is to provide a summary of activities and updates related to the Rental Housing Improvement Act that will implement a proactive,health and safety inspection program referred to as the Rental Housing Improvement Program.The following information includes several updates related to the Rental Housing Improvement Program. Website:The City’s Rental Housing Division website is active,although not fully developed.It contains information available to the public related to the status of the Rental Housing Division as well as links to the Rental Housing Improvement Act and other materials.The website will ultimately include a link to the Rental Registry,a Frequently Asked Questions document,sample forms and checklists, as well as informational resources for both landlords and tenants. Database and Registry Development:The City contracted with Bitwise Industries/Shift3 to develop a database of potential rental properties and a user interface that will be available on the City’s Website.Bitwise is estimating that the database and registry interface will be available for beta testing before the end of October 2017.Once the beta testing is complete,the City will launch the registry and begin an outreach effort to inform potential rental property owners of the requirement to register.Both property owners and property management firms will be able to register,providing street address,accessor’s parcel number,number of units,property owner local contact information, etc. There are no fees to register a rental property.However,there will be penalties for failure to register or late registration once properties have been properly notified of the requirements. Once the registry is populated,and staff has evaluated applications for exemptions,registered properties will be listed by numbered street names on the City’s website.This will allow residents and interested community stakeholders to search for registered properties.The City will pursue properties that are not properly registered. Communications and Outreach:Staff will work with the Administration to ensure that an effective and efficient communications and outreach strategy is in place to notify potential property owners of the requirement to register and the upcoming health and safety inspection program.Outreach will include a letter mailing campaign,email outreach,website postings,local media announcements, and coordination with community stakeholders, social media, and more. Staffing:The inspection function will be conducted by DARM staff,not a third party.DARM is working with the Personnel Department to fill the Supervisor and inspector positions associated with the Rental Housing Improvement Program (1 supervisor,10 inspectors)some becoming available beginning October 1,2017.The Rental Housing Division manager and support staff positions have recently been filled.The manager,Letty Shamma,brings extensive inspection experience to the Rental Housing Division. Policies and Procedures:Staff is finalizing the policies and procedures for the implementation ofCity of Fresno Printed on 3/6/2023Page 6 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: Policies and Procedures:Staff is finalizing the policies and procedures for the implementation of the Rental Housing Inspection Program,including,but not limited to a program overview,associated fees,the registration process,the inspection process,the self-certification program,related sample letters and checklists,the exemption process and more.Ms.Shamma visited the City of Sacramento and shadowed their rental housing inspection team.This training opportunity was invaluable and has contributed to the implementation of Fresno’s program. Training:A comprehensive training program for the Rental Housing,Code Enforcement,and Neighborhood Revitalization Division inspectors will be implemented as appropriate.Currently several low to no cost opportunities are being made available.For example,on October 4 training was held on safety,ethics,and communication.The training was conducted by the City’s Code Enforcement Manager,Tim Burns.Mr.Burns is a California Association of Code Enforcement Officers (CACEO)instructor and will also be conducting a code enforcement academy in Visalia October 23-27 made available to several City staff members.This academy is the first module of three,and covers the basic foundation and principals of Code Enforcement.This class is intended for anyone who’s interested in the career of Code Enforcement or a beginner technician.Several new code enforcement inspectors will be participating in the training;this does not impact ASET or the Rental Housing Improvement Program as all inspectors in these units are experienced inspectors. DARM will be offering additional training opportunities and applicable testing or academies for all enforcement inspectors in the coming weeks and months.The successful completion of the three academy modules and appropriate experience will result in CACEO certification.Additional low-to-no cost,and/or internal trainings that have recently been made available,or are scheduled include SPCA Animal Control training on dog behavior and safety in the field,Pacific Gas and Electric gas and electricity awareness training,and Development Code training.As staff is hired for the Rental Housing Improvement Program health and safety inspection trainings will be customized in addition to the training mentioned above. Health and Safety Inspections:The Rental Housing Improvement Program will include baseline health and safety inspections as outlined in the Rental Housing Improvement Act.All residential rental properties shall be subject to a baseline inspection,pursuant to a random sampling formula,to determine whether or not violations of Health and Safety Standards exist.The City will make available online a sample rental inspection checklist,which shall clearly define and describe criteria applied to determine whether or not violations of Health and Safety Standards exist on rental properties. The goal is for the health and safety inspections to take approximately 15 minutes per unit, determining if the unit has passed or failed the inspection.Once hired,staff will begin a “soft-launch” of the health and safety inspection program,which will allow for refinement of the operational procedures,and technology while the registry is being fully populated.Staff anticipates the hard- launch or the full implementation of the Rental Housing Improvement Program to be well under way by early 2018. Please see the attached draft process map,draft inspection items,and/or the Rental Housing Improvement Act for additional details on the inspection process. Attachments:Current Weekly ASET Status Report (10/13/2017) Rental Housing Improvement Act - Draft Process Map Rental Housing Improvement Act - Draft Inspection Items City of Fresno Printed on 3/6/2023Page 7 of 8 powered by Legistar™ File #:ID17-1440 Agenda Date:10/26/2017 Agenda #: City of Fresno Printed on 3/6/2023Page 8 of 8 powered by Legistar™ ANTI-SLUM ENFORCEMENT TEAM (ASET) Status Report 10/13/17 LOCATION OWNER UNITS STATUS UPDATE 5035 - 5049 E. Lane Ave (D-5) dilapidated and occupied multi-family housing complex with history of criminal activity, frequent calls for police service, and housing code violations Sean Sanchez 16 Exterior and interior inspections completed as of 7/19/17; Inspection Warrant executed 7/19/17; Notice and Orders for 338 exterior violations issued 8/31/17; Notice and Orders for 968 interior violations issued 9/26/17; Administrative Appeal Hearing re-scheduled for 10/30/17 4853 E. University Ave (D-4) abandoned, dangerous and substandard multi-family housing complex with frequent calls for police service, occupancy by unauthorized persons, fire damage, and presence of attractive nuisances Ronald D. Mullins & Olga E. Mullins 5 Inspection Warrant executed 7/7/17; Notice to Abate 129 violations issued 7/21/17; Petition for Health & Safety Receivership filed 8/22/17; Hearing on Petition scheduled for 12/19/17 1203 W. Simpson Ave (D-1) dilapidated and occupied multi-family housing complex with multiple health and safety violations, including mold, structural damage and water leakage Malcolm D. Powers & Judy Powers 14 Notice(s) of Violation issued for 39 violations; First, Second & Third Administrative Citations issued; City Attorney's Office letter to property owner re: property conditions mailed 7/27/17 and personally delivered to on-site property manager 8/22/17; Notice and Order (Unit C) issued for 15 violations 8/22/17; Complete ASET inspection scheduled to begin 10/16/17 4242 E. Olive Ave (D-7) dilapidated and partially occupied multi- family housing complex with history of criminal activity and loitering, frequent calls for police service, and substantial health and safety violations BDHOV LP & LEHOV LP 12 Notice of Violation issued for 7 violations 8/31/17; Complete ASET inspection scheduled for 10/25/17 2690 N. Weber Ave (D-1) occupied multi-family housing complex with history of code enforcement investigations and multiple health and safety violations including pest infestations, electrical issues, and severe dilapidation; owner has multiple properties with history of code enforcement investigations Zaid Altahan & Maha K. Yahya 30 Complete ASET inspection scheduled to begin 10/31/17 ACTIVE TARGET PROPERTIES 2 6540 N. Winery Ave (D-6) vacant, blighted single-family residence with history of occupancy by unauthorized persons, multiple board- ups, presence of attractive nuisances, theft of utilities, criminal activity, and frequent calls for police service Brian H. Rosene 1 Health & Safety Receiver appointed 7/18/17; Receivership Plan approved by Court 9/28/17 1367 E. San Ramon Ave (D-4) 4-plex containing both occupied and vacant units; multiple health and safety violations; history of occupancy by unauthorized persons, multiple board- ups, and frequent calls for police service Brian H. Rosene John & Leona Tosatto 4 Health & Safety Receiver appointed 7/18/17; Receivership Plan approved by Court 9/28/17; Hearing on Motion Authorizing Receiver to Sell Property scheduled for 11/14/17 345 S. Chestnut Ave; (D-7) 4820 E. Laurel Ave occupied single-family residence plus two apartment buildings with history of illegal subdivision, unpermitted construction and unpermitted occupancy Central Community Development Center 13 Notice and Order issued 4/5/16 for 4 violations; Construction project incomplete and permits expired 12/2016; Expiration of permits upheld pursuant to Administrative Hearing 2/27/17; Small Claims matter dismissed in favor of City 5/23/17; Inspection completed 6/28/17; City Attorney's Office letter to property owner mailed 8/30/17 West Shaw Estates (D-1) 4954 N. Holt Ave individually owned apartment-style condominiums with multiple rental units; excessive calls for police service, criminal activity, lack of maintenance and security, and attached garages occupied by unauthorized persons Various Owners x I & I Property Management, Inc. 228 Inspections completed on Phase I - III; Citations issued for exterior violations; Administrative Appeal Hearing re-scheduled for 10/30/17 1115 W. Simpson Ave (D-1) occupied substandard apartment complex with long history of code enforcement investigations and multiple health and safety violations including water damage, pest and rodent infestations, and electrical issues; owner has multiple properties with history of code enforcement investigations Zaid Altahan & Maha K. Yahya 22 City Attorney's Office letter to property owner re: property conditions mailed 8/2/17; Meeting with property owner held 8/8/17; Notice and Order issued for 9 exterior violations 8/22/17; Complete ASET inspection to be scheduled 1464 E. Patterson Ave (D-3) (1450-1490) dilapidated and occupied multi-family housing complex with housing code violations BDHOV LP & LEHOV LP 13 All units cleared; Interior violations completed; Exterior re-inspections 8/31/17 and 9/12/17; Continue monitoring completion of exterior violations 3 611 N. Van Ness Ave (D-3) dilapidated and occupied multi-family housing complex with history of criminal activity, frequent calls for police service, and housing code violations New Ownership 14 Clearance inspection to be completed for 112 violations 619 N. Van Ness Ave (D-3) dilapidated and occupied multi-family housing complex with history of criminal activity, frequent calls for police service, and housing code violations New Ownership 5 Clearance inspection to be completed for 104 violations 358 N. Roosevelt Ave; (D-3) 360 N. Roosevelt Ave occupied and vacant apartment buildings with substantial health and safety violations, including fire damage and attractive nuisances BDHOV LP & LEHOV LP 8 358 (occupied): Notice of Violation issued 5/23/17 for water damage and roach infestation; Clearance inspection to be completed 360 (vacant): Building fire 3/18/16; Notice and Order issued 6/20/17 for dangerous conditions and attractive nuisances; 1 outstanding violation (roof repair) as of 8/21/17; Administrative Citation issued 10/9/17 for $7500 4040 E. Dakota Ave (D-4) Zaid Altahan & Maha K. Yahya 42 3960 N. Fruit Ave (D-1)Peter K. Anezinos & Chris Anezinos 54 465 N. Manila Ave (D-5)Katya I. Diaz 4 455 N. Manila Ave (D-5)Cheri Belt & Jason Smith 4 2330 E. Ashlan Ave (D-7) 4139 N. Thesta Ave Zaid Altahan & Maha K. Yahya 37 4781 E. Ashlan Ave (D-4)Zaid Altahan & Maha K. Yahya 24 3320 N. West Ave; (D-1) 1212 W. Andrews Ave Zaid Altahan & Maha K. Yahya 27 2306 E. Swift Ave + (D-7)Baldev Khela & Jasjit Khela 1 1450 N. Archie Ave (D-7) Brian H. Rosene & Randy L. Cunningham 1 Demolition completed; Judgment for Fees and Costs granted 4538-4550 E. Olive Ave (D-7)Guadalupe Fernandez 6 Health & Safety Receivership; Complete rehabilitation and compliance of 112 violations; 1131 N. Jackson Ave (D-7)Guadalupe Fernandez 7 Health & Safety Receivership; Complete rehabilitation and compliance of 113 violations; 334 N. Roosevelt Ave (D-3)Rosalio M. Avila 4 Full compliance of 24 violations 2307 N. Maroa Ave (D-1)Catherine D. Senner 1 Full compliance of 20 violations; Full payment received per Settlement Agreement Hotel California (D-3) 530 N. Weber Ave Venu Sharma 52 Full compliance of 215 violations; Full payment received per Settlement Agreement 2748 N. Weber Ave (D-1) Sunny & Cecilia Chan 54 Full compliance of 1,043 violations; Settlement payment plan approved 2061/2075 S. Hayston Ave (D-5) Sunny & Cecilia Chan 34 Full compliance of 648 violations; Settlement payment plan approved COMPLETED TARGET PROPERTIES POTENTIAL TARGET PROPERTIES 4 2005 W. Shields Ave (D-1)Lynn B. Sayavong 6 Full compliance of 165 violations; Full payment received Summerset Village (D-7) 2103 N. Angus St Chris Henry 220 Full compliance of 1,450 violations; Settlement payment approved 255 N. Diamond St (D-7)Luis Santos 4 Full compliance of 61 violations 5239 E. Huntington Ave (D-5)New Ownership 60 Full compliance of 291 violations 474 N. Glenn Ave (D-3)New Ownership 8 Full compliance of 37 violations [below items include actions of STOPP team prior to creation of ASET] F Co Draft P Following an in Exempt Prope Subject to Reg All Non‐Exem Properties Su Baseline Ins onfidential Reg Process P Corr Au P An R Process nitial inspection erties are gistration mpt Rental ubject to spection gistry All R Tier ass Initial Inspec rects Deficiencie Days tomatically Self‐ Pursuant to Regu nnual Owner‐Pe Inspection Req Re‐Inspect Every Map – Inspe n, the property Buildings Un Age ar Ba Health and S ($100 Fee P Residential Ren Units 1 ction, or s within 30 ‐Certified ulations erformed quired 5 Years Rental ection y shall be class Exem nder 10 Years o re Exempt aseline Safety Inspecti Per Unit/Home Regi ntal Addre Un O T Fails Initia Complian Properties w but not Posi Fees, Penalt Longe May be Re Enforcemen Re‐Inspe Housin n Cycle ified into a tier mption of Subsidiz Other e Inspe on e) 1 mult 2 5 16 5 stratio ess, APN, # of its, Date of Occupancy Tier 2 l Inspection and nce Re‐Inspectio with Code Violat ing Imminent Da ies, Taxes Delinq er than 90 Days eferred to Anti‐S nt for Further Ac ect Every 2 Year ng Impro es ‐Tie r, and periodic ns zed Units Subje r Gov't Inspecti are Exempt ection ti family unit=1 2‐4 units=50% ‐15 units=25% 6‐50 units=15% 51+ units=10% on Owner + L Infor d 1st on tions, anger quent Slum ction rs Eve Fee M En Re‐ Tie oveme rs c re‐inspection ect to ions Af 100% % % 1 si Local Contact rmation Tier Fails 2 or More Compliance Re‐ ery Unit Shall be Brought into C es, Penalties, Ta Longer than May be Referred nforcement for F ‐Inspect Annual er After 3 Passin nt Prog s shall occur as ffidavit Require Exemption ingle family ho 2‐9 homes= 10‐20 homes 21‐49 homes 50+ homes = No Regis (Penalties f to Reg r 3 Consecutive ‐Inspections e Inspected and Compliance xes Delinquent 120 Days to Anti‐Slum Further Action ly (Re‐evaluate ng Inspections) gram s follows: ed for all ns ome=100% =50% s=30% =20% =10% stry Fee for Failure ister) SELF Certification Program Overview Property Owner Inspection Owner/property manager to inspect every 12 months/change in tenancy and provide documentation Inspect each unit for health and safety violation, maintain compliance Certification Requirements Owner/property manager certification of annual/routine inspections and compliance required Completed certification forms for at least 4 years shall be maintained by owner/local representative Random City Inspection 10% of self‐certified properties inspected on random basis annually Selected properties that pass, are exempt from further random inspections for 5 years Removal from Program Fails random inspection and re‐inspection Two or more health and safety violations issued during any calendar year Unable to self‐certify because necessary repairs cannot or will not be made Change in Ownership Property shall remain in program for 2 years following date of transfer New owner to self‐certify property or subject to routine inspections EXTERIOR 1. Adequate Sanitation a. Building and grounds kept clean, sanitary, and free from garbage. i. Check Box: Checked if Conditions Appear to be Tenant Caused (Unit Will Not Fail Inspection if Landlord Provides Documentation that Condition was not Present at Time of Commencement of Lease) b. Adequate Garbage Receptacles if provided by landlord (Option for N/A on Inspection Checklist) c. Sewage Disposal System (no evidence of raw sewage) 2. Structural a. Foundation Does not Pose Risk to Safety b. Wiring Maintained in Good Working Order c. Roof and Roofing Supports Appear to be Maintained in Good Working Order (Structurally Sound, Waterproof and Does Not Pose Risk to Safety) d. Exterior Walls with Effective Waterproofing and Weather Protection e. Windows Maintained in Good Working Order (Capable of Locking and Screens – if intended for use ‐ in Good Condition) f. Electrical Maintained in Good Working Order (includes Panels/Meters) g. Water Heaters Maintained in Good Working Order (Installed in safe and good working order, including seismic strapping) h. Landing, Stairways and Railing in Good Condition i. Chimney Does not Pose Risk to Safety (if applicable ‐ not a pass/fail item but potential referral to additional enforcement activity) j. Common Areas in Safe and Sanitary Condition (Walkways free of tripping hazard, pool fencing etc.) (not a pass/fail item but potential referral to additional enforcement activity) INTERIOR 1. INTERIOR: Adequate Sanitation a. Hot and Cold Running Water (Water Supply Connected to Sewage Disposal System Maintained in Good Working Order) b. Heating System Maintained in Good Working Order c. Cooling System in Good Working Order (If part of original construction, N/A Box) d. Electrical Maintained in Good Working Order e. Unit Clear from Infestation (pest, rodent, bedbugs, vermin etc.) i. Check Box: Checked if Infestation Exists and Appears to be Tenant Caused (Unit Will Not Fail Inspection if Landlord Provides Documentation that Unit was Clear at Time of Commencement of Lease) ii. NOTE: Regardless of cause, to be corrected. f. Paint Intact if Built Prior to 1978 (Deteriorated or Disturbed Paint Requires Proper Abatement) g. Appearance of Mold (excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use) i. Check Box: Checked if Inspector observation of a mold‐like substance exists, and appears to be tenant caused. (Item Will Not Fail Inspection if Landlord Provides Documentation that Unit was Clear at Time of Commencement of Lease) ii. NOTE: Regardless of cause, to be corrected. 2. INTERIOR: Structural a. Floors, Stairway, and Railings Maintained in Good Working Order b. Effective Weatherproofing and Weather Protection of Roof and Exterior Walls Wiring Maintained in Good Working Order) c. Ceilings Display No Evidence of Leak(s) d. Plumbing and/or Gas Facilities Maintained in Good Working Order (includes gas fireplace) e. Windows/Window Locks (Windows intended for opening can be opened, no missing or broken glazing, egress windows not blocked, security bars can be released from the interior) f. Doors (Main Swinging Door Secured, Standard Dead Bolt at Interior, and Weather Sealed) g. Smoke Detectors in Good Working Order h. Carbon Monoxide Detectors in Good Working Order (if applicable) City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1462 Agenda Date:10/26/2017 Agenda #: REQUEST TO APPEAR BEFORE THE CITY COUNCIL October 26, 2017 Appearance by Mary Esther Correa to discuss the Code Enforcement fines she has incurred. (Speaker located in District 7) City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1454 Agenda Date:10/26/2017 Agenda #: REPORT TO THE CITY COUNCIL WORKSHOP regarding High Speed Rail and Workforce Development City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: REPORT TO THE CITY COUNCIL October 26, 2017 FROM:JENNIFER K. CLARK, AICP, Director Development & Resource Management Dept. THROUGH:MIKE SANCHEZ, AICP, Assistant Director Development & Resource Management Dept. THROUGH:BONIQUE EMERSON, AICP, Planning Manager Development and Resource Management Department BY:RICKY CAPERTON, Planner III Development and Resource Management Department SUBJECT HEARING to consider Plan Amendment Application No. A-17-008, Rezone Application No. R-17-011 and related Environmental Assessment No. A-17-008/R-17-011 as part of a City-initiated Plan Amendment and Rezone pursuant to Fresno Municipal Code (FMC) Section 15-5803: 1.ADOPT Environmental Assessment No.A-17-008/R-17-011,a Mitigated Negative Declaration dated September 2017. 2.RESOLUTION -Approving Plan Amendment Application No.A-17-008 to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. 3.BILL -(For introduction and adoption)-Approving Rezone Application No.R-17-011 to amend the Official Zone Map to reclassify the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. 4.BILL -(For introduction)-Approving the Disposition Agreement and Development Agreement by and between the City of Fresno and Darling Ingredients Inc.,pertaining to the relocation and the transfer and development of real property on the southwest corner of Jensen and Cornelia Avenues. RECOMMENDATIONS Staff recommends that the City Council take the following actions: 1.ADOPT Environmental Assessment No.A-17-008/R-17-011,a Mitigated Negative Declaration City of Fresno Printed on 3/6/2023Page 1 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: 1.ADOPT Environmental Assessment No.A-17-008/R-17-011,a Mitigated Negative Declaration dated September 2017. 2.ADOPT RESOLUTION -Approving Plan Amendment Application No.A-17-008 to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. 3.ADOPT BILL (for introduction and adoption)-Approving Rezone Application No.R-17-011 to amend the Official Zone Map to reclassify the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. 4.ADOPT BILL (for introduction)-Approving the Disposition Agreement and Development Agreement by and between the City of Fresno and Darling Ingredients Inc.,pertaining to the relocation and the transfer and development of real property on the southwest corner of Jensen and Cornelia Avenues. EXECUTIVE SUMMARY The City-initiated Plan Amendment Application No.A-17-008 and Rezone Application No.R-17-011 pertains to approximately 40 acres of property (5449 West Jensen Avenue;APNs:327-030-41T and 327-030-38T)near the Fresno-Clovis Regional Wastewater Treatment Plant (WWTP)to accommodate relocation of the existing Darling Rendering Facility,currently located on a 5.22 acre parcel on Belgravia Road between Church and East California Avenues in the southwest area of the city.The proposed project site is located between the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF)and a PG&E substation at the southwest corner of South Cornelia Avenue and West Jensen Avenue within city limits,but not within city proper.(See Exhibit 1,Vicinity Map and Exhibit 2, Aerial) The following describes the requested Plan Amendment,Rezone and Disposition Agreement and Development Agreement. Plan Amendment Application No.A-17-008 proposes to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. (See Exhibit 3, Planned Land Use Map) Rezone Application No.R-17-011 proposes to rezone the subject property from the PI/UGM (Public and Institutional/Urban Growth Management)zone district to IH (Heavy Industrial)zone district.(See Exhibit 4, Planned Zoning Map) Disposition Agreement and Development Agreement (“Agreement”)proposes to transfer approximately 20 acres located at the northern portion of unimproved property owned by the City at the southwest corner of Jensen Avenue and Cornelia Avenue in the City of Fresno to Darling Ingredients,Inc.for the purpose of relocating their existing rendering plant.The Agreement also sets forth terms for the cessation of operations at the existing plant and construction and operation of a new rendering plant in accordance with Government Code Section 65864.(See Exhibit 5,Disposition Agreement and Development Agreement) City of Fresno Printed on 3/6/2023Page 2 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: Following approval of a Plan Amendment,Rezone,and the Agreement the proposed relocation of the Darling Rendering Facility would require a subsequent Conditional Use Permit (CUP)to allow for operations.Operational capacity is proposed to expand from its current permitted processing limits from 850,000 pounds per day to a permitted maximum of 10 million pounds per week upon relocation. BACKGROUND On September 8,2017,and pursuant to FMC Section 15-5803,the city initiated the processing of Plan Amendment Application No.A-17-008 proposing to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation,Rezone Application No.R-17-011 requesting authorization to rezone the subject property from the PI/UGM (Public and Institutional/Urban Growth Management)zone district to IH (Heavy Industrial)zone district.(See Exhibit 6,City-Initiated Plan Amendment and Rezone),and the Agreement to transfer certain real property owned by the City to Darling Ingredients Inc.for the development of a new rendering plant to facilitate relocation of the existing plant. The purpose of the Plan Amendment,Rezone,and Agreement is to allow for the relocation of the existing Darling Rendering Facility located on a 5.22 acre parcel on Belgravia Road between Church Avenue and E Street in the southwest area of the city.The existing facility was constructed and began operation in 1956 as a slaughterhouse and packaging facility,and gradually transitioned to a rendering facility.The existing site was annexed to the city in 1971.Over the last 60 years,non- industrial urban uses were developed in the area surrounding the facility such that residential neighborhoods are now within one-quarter mile of the rendering plant,with some homes within 800 feet. The Plan Amendment,Rezone,and Agreement would allow for the plant to be relocated away from residential uses to approximately 40 acres of property near the Fresno-Clovis Regional WWTP,near the southwest corner of West Jensen and Cornelia Avenues.The Agreement would transfer approximately 20 acres of the northern portion of City owned property and encumber the remaining acres with an option agreement in favor of Darling.In addition,the Agreement sets forth terms related to cessation of operations at the existing plant,and infrastructure,facilities,improvements, development fees and exactions,and the design review and permitting process for the new rendering plant.As mentioned above,a subsequent CUP and Development Permit would be required for the proposed relocation of the Rendering Facility.Although the CUP and Development permit are not part of this item,the proposed site plan is included as an exhibit for reference.(See Exhibit 7, Proposed Site Plan). ANALYSIS Land Use Plans and Policies Fresno General Plan The Fresno General Plan includes goals,objectives,and policies which provide an emphasis on creating job opportunities,promoting and encouraging better quality of life for neighborhoods,and incentivizing a diversity of industries,while promoting industrial land use clusters for operational City of Fresno Printed on 3/6/2023Page 3 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: efficiencies. Goal No.1 of the Fresno General Plan encourages increased opportunity,economic development, business and job creation. Goal No.7 of the Fresno General Plan encourages the City to provide for a diversity of districts, neighborhoods,housing types (including affordable housing),residential densities,job opportunities, recreation,open space,and educational venues that appeal to a broad range of people throughout the City. Goal No.9 of the Fresno General Plan promotes a city of healthy communities and improve quality of life in established neighborhoods. Objective LU-1:Establish a comprehensive citywide land use planning strategy to meet economic development objectives,achieve efficient and equitable use of resources and infrastructure,and create an attractive living environment. Objective LU-7: Plan and support industrial development to promote job growth. Policy LU-7-a:Incentives for a Diversity of Industries,Increased Food Processing and Manufacturing, and Related Employment Opportunities in Fresno.Use the City’s Capital Improvement Program to set priorities for locations and timing of water,sewer,and transportation infrastructure investments by the City and initiate implementation programs to encourage development of targeted industries as identified under Policy ED-3-c,in employment land use areas designated on Figure LU-1:Land Use Diagram. Policy LU-7-c:Efficiency of Industrial Uses.Promote industrial land use clusters to maximize the operational efficiency of similar activities. ·Provide access to a range of transportation modes through plans and incentives,ensuring that local, regional, and national connections are available; ·Develop a strategy to promote rail-accessible sites for industries that need such capability; and ·Ensure timely access to the full range of urban services for industrial development by coordinating proposed plans with the annual and long-range City infrastructure planning. Policy HC-3-g:Residential Compatibility.Consider developing a program with community stakeholders to address compatibility of industrial and heavy commercial uses and zoning with established neighborhoods. Policy ED-1-d:Strategic Land Regulation.Explore increasing the amount of land properly zoned, consistent with the General Plan,and ready to be expeditiously developed,redeveloped,and/or revitalized for economic development and job creation purposes.Establish a priority infill development program for sites and districts. The proposed project meets the intent of many or all of the goals,objectives,and policies of the Fresno General Plan referenced herein above.The proposed relocation of the Darling Rendering Facility would not only result in the ability to increase operations,which is consistent with several of the economic development objectives and policies of the General Plan,it would also create a better quality of life for the residential neighborhoods currently within proximity to the existing facility.The City of Fresno Printed on 3/6/2023Page 4 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: quality of life for the residential neighborhoods currently within proximity to the existing facility.The proposed location would result in the Darling Facility being located near the WWTP facility and PG&E substation,surrounded by County agricultural lands and where no established neighborhoods exist, which meets the policies above in creating better compatibility between uses.In conclusion,the proposed plan amendment,rezone,and agreement are consistent with many of the goals and policies of the Fresno General Plan. Transportation The subject property is located on the south side of West Jensen Avenue west of South Cornelia Avenue.According to City of Fresno General Plan Policy MT-2-i,a Transportation Impact Study (TIS) is required when a project includes a General Plan amendment that changes the General Plan Land Use Designation.Policy MT-2-I also sets forth the criteria for when a TIS is triggered based on four classes of Traffic Impact Zones (TIZ).The project is located within TIZ III,which represents areas near or outside of City limits but within the Sphere of Influence (SOI)as of December 31,2012. Traffic in this area should maintain a peak hour level of service (LOS)standard of D or better for all intersections and roadway segments.Within the TIZ III zone,a TIS is required for all development projected to generate 100 or more peak hour new vehicle trips.For roadways not within the City limit or its SOI, that are located within Fresno County, a LOS of C or better should be maintained. In June 2017,Fehr &Peers prepared a Transportation Impact Analysis (TIA)which is included as Appendix D to the IS/MND.Based on the TIA,the project would generate 273 trips per day with 36 trips occurring in the AM peak hour and 28 trips occurring in the PM peak hour.Truck trips are expected to account for 55%of daily vehicle trips,36%of AM peak hour trips,and 28%of PM peak hour trips.Based on the TIA,existing roadway conditions with the addition of project generated vehicle trips would maintain LOS D or better during the AM and PM peak hours and therefore would not result in a significant impact.Further,the roadway segments in the County (Cornelia and Brawley Avenues)would operate at LOS C,which is acceptable per County and City standards.However, under cumulative conditions,the project would result in potentially significant impacts at certain intersections before mitigation.Implementation of Mitigation Measure TRAF-1,however,would alleviate these potential impacts to a less-than-significant level.No other traffic-related impacts were found to be potentially significant under CEQA.In response to a comment letter received by Fresno County,the TIA was revised for technical clarifications on October 18,2017,which included enhanced mitigation to bring the cumulative impacts from the proposed project from LOS D to a LOS C. Plan Amendment, Annexation, Prezone and Tentative Parcel Map Findings Based upon analysis of the applications and subject to the applicant’s compliance with all of the mitigation measures noted in Environmental Application No.A-17-008,R-17-011,staff concludes that the required findings of Sections 15-5812 and 15-6006 can be made.These findings are attached as Exhibit 8. Public Notice and Input Notice of Hearing The Development and Resource Management Department mailed notices of this City Council hearing to surrounding property owners within 1,000 feet of the subject property (Exhibit 9),pursuantCity of Fresno Printed on 3/6/2023Page 5 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: hearing to surrounding property owners within 1,000 feet of the subject property (Exhibit 9),pursuant to Section 15-5007-B-2 of the FMC,as well as published a notice in the Fresno Bee pursuant to the FMC.Comments were received on the environmental document,which are provided as part of the exhibit containing Initial Study/Mitigated Negative Declaration (IS/MND).The mailed notice for the City Council hearing was received by some parties prior to Planning Commission action and contained a typographical error stating that Planning Commission had recommended approval.The notice should have stated that Planning Commission will consider the item.Pursuant to FMC 15- 5007-G,“[t]he validity of the proceedings shall not be affected by typographical errors in the notice or the failure of any property owner, resident, neighborhood, or interested party to receive a notice.” District Committee The District 3 Plan Implementation Committee is inactive at this time. Planning Commission The Planning Commission held a public hearing at its regularly scheduled meeting on October 18, 2017 to consider the Plan Amendment,Rezone applications,and Disposition Agreement and Development Agreement along with relevant environmental findings.Nine members of the public spoke in support of the proposed project,and one in opposition.Opposition was mainly centered around the issue of adequate public noticing,as well as the process for selecting the subject property.Following a complete hearing,the Commission voted and recommended to the City Council to approve Plan Amendment Application No.A-17-008,Rezone Application No.R-17-011,the Disposition Agreement and Development Agreement,and the associated Initial Study/Mitigated Negative Declaration,as well as the accompanying errata,technical clarifications,response to comments,and Mitigation Monitoring and Reporting Program provided to the Commission at the hearing. The Planning Commission resolutions (Exhibit 10) are attached for more information. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA)Guidelines (See Exhibit 11).This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies pertinent to the Fresno General Plan Master Environmental Impact Report SCH No. 2012111015 (MEIR). The City of Fresno has prepared an Initial Study (IS) of the above-described project and it has been determined to be a subsequent project that is not fully within the scope of the MEIR prepared for the Fresno General Plan as provided by the CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). Therefore, the Development and Resource Management Department proposes to adopt a Mitigated Negative Declaration (MND) for this project. It has been further determined that all applicable mitigation measures identified within the Fresno City of Fresno Printed on 3/6/2023Page 6 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: General Plan MEIR have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR as provided by CEQA Section 15178(a). In addition, pursuant to PRC, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178 (b)(1) and (2). Based upon the attached IS/MND and with the project specific mitigation imposed, staff has determined that there is no substantial evidence in the record that the project may have a significant direct, indirect or cumulative effect on the environment and has prepared a mitigated negative declaration for this project. A public notice of the attached MND finding for Environmental Assessment No. A-17-008/R-17-011 was published on September 7, 2017 to begin a CEQA-required 30-day public comment period (See Exhibit 6). The IS/MND was available to the public for review and comment between September 7, 2017 and October 9, 2017. No appeals were received to date; however, comments were received on the IS/MND which are provided as part of Exhibit 5 to this staff report. Commenters included the California Department of Fish and Wildlife, Fresno County, California Department of Transportation (Caltrans), and the San Joaquin Valley Air Pollution Control District. Additionally, the San Joaquin Valley Air Pollution Control District provided a revised comment letter following a meeting between the City staff and the Air District to clarify a technical correction. The revised comment letter states that the technical correction results in the project being below Air District thresholds of significance for NOx. Further, James Quist provided a comment letter on October 18, 2017. Comments received on the project are included in Exhibit 11. LOCAL PREFERENCE Local preference was not considered because this ordinance does not include a bid or award of a construction or service contract. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the application as is reasonably expected by the applicant. Pursuant to the Disposition and Development Agreement, the City is paying for the processing of this application. Attachments: Exhibit 1:Vicinity Map Exhibit 2:Aerial Photograph Exhibit 3:Planned Land Use Map Exhibit 4:Planned Zoning Map Exhibit 5:Disposition Agreement and Development Agreement Exhibit 6:City-Initiated Plan Amendment and Rezone Exhibit 7:Proposed Site Plan City of Fresno Printed on 3/6/2023Page 7 of 8 powered by Legistar™ File #:ID17-1439 Agenda Date:10/26/2017 Agenda #: Exhibit 8:Findings Exhibit 9:City Council Hearing Public Notice Exhibit 10:Planning Commission Resolutions Nos. 13491, 13492, and 13493. Exhibit 11:EA No A-17-008/R-17-011, dated September 2017 Exhibit 12:City Council Resolution for Plan Amendment Application No. A-17-008 Exhibit 13:City Council Ordinance Bill for Rezone Application No. R-17-011 Exhibit 14:City Council Ordinance Bill for the Disposition Agreement and Development Agreement Exhibit 15:City Council PowerPoint Presentation City of Fresno Printed on 3/6/2023Page 8 of 8 powered by Legistar™ Exhibit 1: Vicinity Map = SUBJECT PROPERTY (Proposed Darling Facility Location) = EXISTING DARLING FACILITY LEGEND W JENSEN AVE S CORNELIA AVE VICINITY MAP Exhibit 2: Aerial Photograph SUBJECT PROPERTY AERIAL Exhibit 3: Fresno General Plan Planned Land Use Map pfww pfww pfww 120'220'932'1059'1059'1080' 1301'1320' 1320'W JENSEN AVE W ANNADALE AVES CORNELIA AVES BLYTHE AVEA-17-008APN: Portiona of 327-030-41T, 38T5449 West Jensen Ave 0 1,000 2,000500Feet/ EXHIBIT 3 City Limits From Public Facilities - Waste Water to Employment - Heavy Industrial - 40 Acres PFWW to IH City of FresnoCounty of FresnoCounty of Fresno City of Fresno Exhibit 4: Planned Zoning Map 120'220'932'1059'1059'1080' 1301'1320' 1320' pfww W JENSEN AVE W ANNADALE AVES CORNELIA AVES BLYTHE AVEPI PIPI PI R-17-011APN: Portions of 327-030-41T, 38T5449 West Jensen Ave 0 1,000 2,000500Feet/ EXHIBIT 4 City Limits From Public and Institutional (PI) to Heavy Industrial (IH) - 40.0 AcresCity of FresnoCounty of FresnoPI to IH County of Fresno City of Fresno Exhibit 5: Disposition Agreement and Development Agreement FREE RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attn: City Clerk DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT by and between THE CITY OF FRESNO and DARLING INGREDIENTS INC. (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) Recitals & Introductory Secton Page 1 of 3 Pages DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT THIS DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT (“Entire Agreement”) is entered into as of the Effective Date (as defined below), by and between THE CITY OF FRESNO, a California municipal corporation (“City”) and DARLING INGREDIENTS INC., a Delaware corporation ("Darling"). RECITALS: A. This Agreement is intended to effectuate: (i) the transfer of certain real property owned by the City consistent in accordance with the best interests of the City of Fresno which includes the improvement of the property by Darling; and, (ii) a statutory development agreement to provide certain development and operation assurances to Darling. B. Darling currently owns that certain real property located 795 West Belgravia Avenue, in the City of Fresno (Assessor Parcel No. 477-054-12) (“Darling Property”) on which Darling currently operates a rendering plant (“Existing Plant”). C. The City and Darling are presently in a dispute regarding the terms, conditions and authorities for Darling to operate the Existing Plant (“Dispute”). The City and Darling have been in mediation to resolve the Dispute. The mediation also involves Concerned Citizens of West Fresno, an unincorporated association that is pursuing certain claims against Darling in Fresno Superior Court Case No. 12 CE CG 01151 (“Litigation”). D. The City owns that certain unimproved real property located near the southwest corner of Jensen Avenue and Cornelia Avenue, in the City of Fresno (Assessor Parcel Nos. APN: 327-030-41T and 327-030-38T) legally described on Attachment No. 1 (“City Property”). E. The northern portion of the City Property consisting of approximately twenty (20) acres as depicted on Attachment No. 3 will be transferred to Darling for the construction of a new rendering plant by Darling (“New Site”). A separate 20 acre site adjacent to the New Site shall be encumbered by an Option Agreement in favor of Darling. F. City and Darling are willing to enter into two (2) agreements which are both contained in this Entire Agreement as follows: i. Disposition Agreement (Part I). City is willing to: (i) transfer the New Site to Darling for the construction and operation of a new plant; and, (ii) provide the Financial Assistance (defined below), in consideration of Darling ceasing all operations inconsistent with the land use designations or zoning in any existing neighborhood, specific, community or general plan (but retaining the right to conduct such legal non-conforming uses as are permitted by the City Development Code), including, without limitation, rendering operations (“Prohibited Operations”) at the Existing Plant. ii. Development Agreement (Part II). City and Darling are willing to enter into a development agreement in accordance with Government Code Section 65864 et seq. for the construction and operation of the New Plant. Recitals & Introductory Secton Page 2 of 3 Pages G. Although both the Disposition Agreement (Part I) and the Development Agreement (Part II) are contained in this document, they are separate and distinct agreements (including definitions and terms) except as specifically otherwise provided in each respective Part. INTRODUCTORY SECTION: 1. Recitals. The foregoing recitals are specifically incorporated herein and are part of this Entire Agreement. 2. Effective Date. For purposes of this Entire Agreement, the term “Disposition Agreement” shall mean Part I, and the term “Development Agreement” shall mean Part II. The Entire Agreement shall be subject to the approval by the City Council of the City of Fresno (“City Council”) by ordinance in accordance with the applicable statutes and the City of Fresno municipal code (“Effective Date”). 3. Representations and Warranties. City represents and warrants that: (i) by proper action of City, City has been duly authorized to execute and deliver this Entire Agreement, acting by and through its duly authorized officers; and, (ii) the entering into this Entire Agreement by City does not violate any provision of any other agreement to which City is a party. Darling represents and warrants that: (i) it is duly organized and existing under the laws of the State of Delaware; (ii) by proper action of Darling, Darling has been duly authorized to execute and deliver this Entire Agreement, acting by and through its duly authorized officers; and, (iii) the entering into this Entire Agreement by Darling does not violate any provision of any other agreement to which Darling is a party. 4. Supersedes Prior Discussions and Agreements. This Entire Agreement contains the full and complete agreement of the parties with respect to the content hereof and supersedes in its entirety all prior negotiations, discussions and documents including, but not limited to, that certain Letter of Intent dated January 25, 2017 between the parties. 5. Execution. Darling shall provide two (2) executed copies of this Entire Agreement prior to the first scheduled public hearing as required to comply with the notice and posting requirements under the Brown Act. 6. Counterpart Execution. This Entire Agreement may be executed in counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. 7. Recordation. City shall record this Entire Agreement in the Official Records of Fresno County within ten (10) days of the Effective Date. 8. Termination. Termination of the Disposition Agreement or the Development Agreement prior to the Closing shall constitute the termination of this Entire Agreement. If this Entire Agreement is terminated for any reason, the parties shall cooperate with executing a document as reasonably required by a title company to remove it from the record title of both the Darling Property and the City Property. 9. Attachments. This Entire Agreement includes the following attachments which are incorporated herein and made a part hereof as though fully set forth herein: Attachment No. 1 Legal Description of City Property Recitals & Introductory Secton Page 3 of 3 Pages Attachment No. 2 Legal Description of Darling Property Attachment No. 3 Legal Description and Depiction of New Site Attachment No. 4 Attachment No. 5 Attachment No. 6 Attachment No. 7 Insurance Coverage and Amounts Depiction of Option Site Form of Option Agreement Schedule of Performance Attachment No. 8 Scope of Development Attachment No. 9 Grant Deed Attachment No. 10 Covenant Agreement Attachment No. 11 Certificate of Completion and Satisfaction [END OF RECITALS AND INTRODUCTORY SECTION] Disposition Agreement Page 1 of 38 Pages PART I DISPOSITION AGREEMENT I. (§ 100) PURPOSE OF DISPOSITION AGREEMENT. A. (§ 101) Purpose of the Disposition Agreement. This Disposition Agreement contains the terms, conditions and obligations of the parties with respect to the transfer of the New Site to Darling and the cessation of Prohibited Operations at the Existing Plant. B. (§ 102) City Property. The City Property consists of that certain unimproved real property owned by the City located at the southwest corner of Jensen Avenue and Cornelia Avenue in the City of Fresno, County of Fresno, State of California as legally described on Attachment No. 1. C. (§ 103) New Site. The New Site consists of approximately twenty (20) acres of the northern portion of the City Property as depicted on Attachment 3 which shall be determined and finalized in accordance with Section 401. D. (§ 104) Darling Property. The Darling Property is that certain real property owned by Darling located at the 795 West Belgravia Avenue, in the City of Fresno (Assessor Parcel No. 477-054-12) in the City of Fresno, County of Fresno, State of California as legally described on Attachment No. 2 which is improved with a rendering plant that is operating as of the Effective Date. E. (§ 105) Financial Assistance and Consideration. Darling acknowledges that the only financial assistance being provided by City to Darling is the Financial Assistance (defined below) set forth in this Disposition Agreement. Except for the Financial Assistance, Darling shall be solely responsible for all construction and development costs to construct the Project on the New Site, including, but not limited to, grading and site preparation; building construction; site development and infrastructure; and design. The New Plant is more particularly described in the Scope of Development. As consideration for the Financial Assistance, Darling covenants, in accordance with the terms and conditions set forth in the Disposition Agreement, to: (i) commence construction of the Project and thereafter diligently prosecute same to completion; (ii) commence operating the new rendering plant on the New Site; and, (iii) cease Prohibited Operations at the Existing Plant. II. (§ 200) DEFINITIONS. The following terms as used in this Disposition Agreement shall have the meanings given unless expressly provided to the contrary: Disposition Agreement Page 2 of 38 Pages A. (§ 201) Approved Plans. The term “Approved Plans” shall mean the plans and specifications for the New Plant consistent with the Operational Statement and issued in accordance with Section 801. B. (§ 202) Certificate of Completion and Satisfaction. The term "Certificate of Completion and Satisfaction" shall mean that document in the form of Attachment No. 11, which shall evidence that the completion of construction and commencing of operation of the New Plant in accordance with Section 712. C. (§ 203) City. The term "City" shall mean the City of Fresno, a California municipal corporation. D. (§ 204) Claims and Litigation. The term “Claims or Litigation” shall mean any challenge by adjacent owners or any other third parties: (i) to the legality, validity or adequacy of the General Plan, development approvals, this Disposition Agreement, or other actions of the City pertaining to the Project (including but not limited to CEQA compliance); (ii) seeking damages against City as a consequence of the foregoing actions or for the taking or diminution in value of their property, or in any other manner ; or, (iii) for any tort claim or action against the City arising in connection with the construction of the Project. E. (§ 205) Closing. The term "Closing" shall mean the closing of the Escrow by Escrow Agent’s recording of the Deed and distributing the funds and documents received through Escrow to the party entitled thereto as provided herein, which closing shall occur on or before the date established in the Schedule of Performance. F. (§ 206) Completion. The term “Completion” shall mean the completion of the New Plant and the commencement of operations at the New Plant as evidenced by the recordation of the Certificate of Completion and Satisfaction. G. (§ 207) Covenant Agreement. The term “Covenant Agreement” shall mean that certain Covenant Agreement to be executed by Darling to be recorded against the Darling Property at the Close of Escrow in the form of Attachment No. 10, covenanting to record a deed restriction, with City as a third party beneficiary, prohibiting future Prohibited Operations on the Darling Property not more than six (6) months after the date on which Darling is required to cease Prohibited Operations at the Existing Plant. H. (§ 208) Days. The term "days" shall mean calendar days and the statement of any time period herein shall be calendar days, and not working days, unless otherwise specified. Disposition Agreement Page 3 of 38 Pages I. (§ 209) Deed. The term "Deed” shall mean that Grant Deed executed by City conveying the New Site to Darling which shall be substantially in the form of Attachment No. 9. J. (§ 210) Disposition Agreement. The term "Disposition Agreement" shall mean this Part I of the Entire Agreement, including all attachments which are a part hereof and incorporated herein in their entirety, and all other documents incorporated herein by reference. K. (§ 211) Enforced Delay. The term "Enforced Delay" shall mean any delay described in Section 1103 caused without fault and beyond the reasonable control of a party, which delay shall justify an extension of time to perform as provided in Section 1103. L. (§ 212) Entitlements. The term “Entitlements” shall mean the general plan amendments, rezoning, development permits, conditional use permits and any other land use entitlements to be issued by City as reasonably needed to allow Darling to construct and operate the New Plant at the New Site. M. (§ 213) Entitlement Fees. The term “Entitlement Fees” shall mean the fees and costs for the issuance of the Entitlements. N. (§ 214) Escrow. The term "Escrow" shall mean the escrow established with Escrow Agent pursuant to this Disposition Agreement for the conveyance of the New Site from City to Darling pursuant to this Disposition Agreement. O. (§ 215) Escrow Agent. The term "Escrow Agent" shall mean Fidelity National Title Insurance Company, located at 7485 N. Palm Avenue, Suite 106, Fresno, Ca 93711 and empowered hereunder to act as Escrow Agent for this transaction. The Escrow officer shall be Bernadette Watson (559) 261-8919 Bernadette.Watson@fnf.com. P. (§ 216) Existing Plant. The term “Existing Plant” shall mean the Darling plant operating on the Darling Property as of the Effective Date. Q. (§ 217) Financial Assistance. The following constitute the financial assistance (the "Financial Assistance") to be provided by the City for the development of the New Plant: (i) the Methane Gas Line; (ii) the Methane Gas Service Commitment; (iii) the New Site; (iv) the New Well; (v) the Nonpotable Water Service Commitment; (vi) the Nonpotable Water Supply Line; (vii) the PG&E Gas Line; (viii) the Property Tax Rebate Commitment; (ix) the Sales Tax Rebate Commitment; (xi) the Waste Water Disposition Agreement Page 4 of 38 Pages Facility Impact Fee Commitment; (xi) the waiver of Impact Fees, Entitlement Fees and other City permit fees; and (xii) the construction of public street improvements required as a condition of CEQA compliance pursuant to the Mitigated Negative Declaration prepared for the Fresno Rendering Plant Relocation Project, EA No. _________ adopted by Council on ___________, 2017 (the "MND"). R. (§ 218) Impact Fees. The term “Impact Fees” shall mean fees that are imposed by the City or other governmental agencies on the Project to pay for all or a portion of the costs of providing public services to the Project, and all development impact fees for capital fire facilities and capital police facilities imposed by the City. S. (§ 219) Litigation. The term “Litigation” shall mean that certain case No. 12 CE CG 01151 in the Superior Court of California, County of Fresno in which Concerned Citizens of West Fresno, an unincorporated association, is the plaintiff and Darling is the defendant. T. (§ 220) Methane Gas Line. The term “Methane Gas Line” shall mean a methane gas line to the New Site to be provided by the City as set forth in Section 601(2). U. (§ 221) Methane Gas Service Commitment. The term “Methane Gas Service Commitment” shall mean the City’s commitment to assure that methane is available to the New Plant through the Methane Gas Line, in accordance with the standards set forth in Section 603(1). V. (§ 222) New Market Tax Credits. The term “New Market Tax Credits” shall mean tax credits allocated pursuant to that certain federal tax credit program administered by the US Treasury Department's Community Development Financial Institutions (CDFI) Fund which credits are allocated by local Community Development Entities (CDEs) to incentivize business and real estate investment in low-income communities. W. (§ 223) New Project. The term “New Project” shall mean: (i) the construction of the New Plant in accordance with this Disposition Agreement; and, (ii) the commencement of operations at the New Plant in accordance with Section 712. X. (§ 224) New Site. The term “New Site” means the City Property as depicted on Attachment No. 3 with a total surface area of approximately twenty (20) acres to be finalized pursuant to Section 401. Y. (§ 225) New Well. The term “New Well” shall mean a new water well for the New Site to be provided by City as set forth in Section 602. Disposition Agreement Page 5 of 38 Pages Z. (§ 226) Nonpotable Water Service Commitment. The term “Nonpotable Water Service Commitment” shall mean the City’s commitment to assure that nonpotable water is available to the New Plant through the Nonpotable Water Supply Line in accordance with the standards set forth in Section 603(2). AA. (§ 227) Nonpotable Water Supply Line. The term “Nonpotable Water Supply Line” shall mean a nonpotable water pipeline to the New Site to be provided by City as set forth in Section 601(3). BB. (§ 228) Operational Statement. The term “Operational Statement” shall mean the statement of operational capacity provided by Darling and approved by City in accordance with Section 801. CC. (§ 229) Pipelines. The term “Pipelines” shall mean collectively the PG&E Gas Line, the Methane Gas Line and the Nonpotable Water Supply Line. DD. (§ 230) PG&E Gas Line. The term “PG&E Gas Line” shall mean the Pacific Gas and Electric gas line to the New Site to be provided by the City as set forth in Section 601(1). EE. (§ 231) Property Tax Rebate Commitment. The term “Property Tax Rebate Commitment” shall mean reasonable assurances evidencing and authorizing City’s and the County of Fresno's covenant to rebate to Darling the portion of all real and personal property taxes, paid to City by the County of Fresno, or allocable to the County of Fresno General Fund, with respect to the New Site and all existing or future improvements thereon, as set forth in Section 604(1). FF. (§ 232) Sales Tax Rebate Commitment. The term “Sales Tax Rebate Commitment” shall mean reasonable assurances evidencing and authorizing City’s covenant to rebate the portion of sales taxes received by City from the personal property purchased by Darling for the construction and operation of the New Plant as set forth in Section 604(2). GG. (§ 233) Schedule of Performance. The term "Schedule of Performance" shall mean that certain Schedule of Performance set forth in Attachment No. 6. HH. (§ 234) Scope of Development. The term “Scope of Development” shall mean that certain Scope of Development set forth in Attachment No. 7. Disposition Agreement Page 6 of 38 Pages II. (§ 235) SJVAPC District. The term “SJVAPC District” shall mean the San Joaquin Valley Air Pollution Control District. JJ. (§ 236) SJVAPC Permits. The term “SJVAPC Permits” shall mean all permits which must be issued by SJVAPC District for the construction and operation of the New Plant. KK. (§ 237) Site and Site Depiction. The Project shall be located on the New Site consisting of approximately twenty (20) acres of land in the City, as generally shown in the "Site Depiction" in Attachment No. 3. LL. (§ 238) Title. The term "Title" shall mean the fee interest in the New Site to be conveyed to Darling. MM. (§ 239) Title Company. The term "Title Company" shall mean Fidelity National Title Insurance Company located at 2540 West Shaw Lane, Suite 112, Fresno, CA 93711 empowered hereunder to act as the Title Company. The title officer shall be Marc Wisneski, Direct: 559-492-4212 with an email address at Marc.Wisneski@titlegroup.fntg.com NN. (§ 240) Transfer. The term “Transfer” shall have the meaning set forth in Section 303. OO. (§ 241) Waste Water Facility Impact Fee Commitment. The term “Waste Water Facility Impact Fee Commitment” shall have the meaning in Section 605(3). PP. (§ 242) WWTP. The term “WWTP” shall mean the City of Fresno Waste Water Treatment Plant. III. (§ 300) PARTIES TO THIS DISPOSITION AGREEMENT. A. (§ 301) City. The City is the City of Fresno, a California municipal corporation. B. (§ 302) Darling. Darling is Darling Ingredients Inc., a Delaware corporation. The principal office of Darling for the purposes of this Disposition Agreement is located at 251 O’Connor Ridge Blvd., Ste. 300, Irving, TX 75038. Except as may be expressly provided herein below, all of the terms, covenants and conditions of this Disposition Agreement shall be binding on and inure to the benefit of Darling and the permitted successors and assigns of Darling. Disposition Agreement Page 7 of 38 Pages C. (§ 303) Restrictions on Transfer. 1. Transfer Defined. The term "Transfer" shall mean and include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Disposition Agreement, the New Site, or the improvements thereon. 2. Restrictions Prior to Completion of New Plant. Prior to issuance of the Certificate of Completion and Satisfaction, except to the extent necessary for Darling to obtain the benefits of the New Market Tax Credit funding , Darling shall not Transfer this Disposition Agreement or any of Darling’s rights and obligations hereunder, or any interest in the New Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, except as provided below, without the prior written approval of City, and if so purported to be transferred, the same shall be null and void. In the absence of specific written agreement by City, prior to the issuance of a Certificate of Completion and Satisfaction, no assignment or transfer by Darling of all or any portion of its interest in the New Site or this Disposition Agreement (including without limitation an assignment or transfer not requiring City approval hereunder) shall be deemed to relieve it or any successor pa rty from any obligations under this Disposition Agreement with respect to the completion of the development of the Project. In addition, no attempted assignment of any of Darling’s obligations shall be effective unless and until the successor party executes and delivers to City an assumption agreement in a form reasonably approved by City assuming such obligations. 3. Exception. The foregoing prohibition shall not apply to the conveyance or dedication of any portion of the New Site to the City or other appropriate governmental agencies, or the granting of easements or permits to facilitate the development of the New Site. 4. Restrictions after Completion. After Completion of the New Plant as evidenced by the recordation of the Certificate of Completion and Satisfaction, Darling may transfer the New Site without the consent of City but subject to all existing covenants of record. IV. (§ 400) PRECLOSING OBLIGATIONS OF THE PARTIES. A. (§ 401) New Site and Ingress/Egress Easement. City shall cause the New Site to be conveyed to Darling as a separate legal parcel. Pursuant to Government Code sections 66426.5 and 66428(a)(2), a parcel map is not required. City shall grant to Darling an easement for ingress and egress from the New Site to Cornelia Avenue as shown on Attachment No. 3 (the “Driveway Easement”). Darling shall be solely responsible for improving and maintaining the Driveway Easement. B. (§ 402) New Markets Tax Credits. Darling shall promptly apply for New Markets Tax Credits in the Target Amount (as defined below) for the Project and shall diligently pursue such application. Darling shall seek New Markets Disposition Agreement Page 8 of 38 Pages Tax Credits sufficient to fund the sum of Nine Million Dollars ($9,000,000) to be available for capital investments, net of fees and costs incurred for the application including, but not limited to, attorney, accountant, professional and consultant fees (“Target Amount”). Darling shall keep the City regularly advised as to the status of the application process. City agrees to cooperate with the application as reasonably requested by Darling. If Darling receives 95% or more of the Target Amount, Darling shall waive the nonconformity to facilitate a Closing. In the event the actual award is less than 95% of the Target Amount, then Darling and City shall meet to discuss alternatives for providing the amount of the shortfall. Nothing herein shall commit the City or Darling to provide the shortfall. If the parties are not able to resolve the shortfall within a reasonable time, either party may elect to terminate this Disposition Agreement. C. (§ 403) New Site Due Diligence by Darling. 1. AS -IS Acquisition. Darling acknowledges and agrees that City will convey the New Site to Darling in “AS-IS” condition without representation or warranty of any kind, except as expressly set forth herein, and City shall not be responsible for any Hazardous Materials existing on the New Site. Accordingly, Darling shall be responsible for conducting all due diligence with respect to the New Site prior to its acquisition of the New Site. 2. Site Assessment and Remediation. Darling shall, at its sole cost and expense, undertake investigation to assess both the physical condition of the New Site as well as the environmental condition of the New Site (“Site Investigation”). Darling shall complete its Site Investigation within the time periods provided in the Schedule of Performance. If, during the course of the Site Investigation, Darling discovers the existence of any: (i) Environmental Compliance Cost; (ii) Environmental Cleanup Liability; (iii) Hazardous Materials of any kind whatsoever in, on or under the New Site; or, (iv) other issue, problem or hazard (whether environmental or relating to the physical condition of the New Site) which in Darling's sole judgment would create undesirable costs or liabilities to Darling, Darling shall have the right to terminate this Disposition Agreement without further obligation to City by providing written notice of termination to City within time period specified in the Schedule of Performance (“Termination Notice”), and all funds and/or documents deposited into Escrow by either party shall be returned to such party. If Darling does not issue the Termination Notice in the time and manner specified, Darling shall be conclusively deemed to have approved the condition of the New Site. 3. Disclaimer of Warranties. Upon the Close of Escrow, Darling will acquire the New Site in its “AS-IS” condition and shall be responsible for any defects in the New Site, whether patent or latent, including, without limitation, the physical, environmental and geotechnical condition of the New Site, and the existence of any contamination, Hazardous Materials, vaults, debris, pipelines, abandoned wells or other structures located on, under or about the New Site. Except as expressly set forth in this Agreement, City does not make any representation or warranty concerning the physical, environmental, geotechnical or other condition of the New Site, the suitability of the New Site for the Project, and specifically disclaims all representations or warranties of any nature concerning the New Site made by them and their respective employees, agents and representatives. The foregoing disclaimer includes, without limitation, topography, climate air, water rights, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the New Site is suited, or drainage. City does not make any representation or warranty concerning the compaction of soil upon the New Site, nor of the suitability of the soil for construction. Disposition Agreement Page 9 of 38 Pages 4. Right to Enter Site; Indemnification. Subject to compliance with the requirements set forth below, City grants to Darling, its agents and employees a limited license to enter upon the New Site for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the New Site, which studies, surveys, reports, investigations and tests shall be done at Darling's sole cost and expense. Prior to entering the New Site, Darling shall obtain City’s written consent which shall not be unreasonably withheld or delayed provided Darling complies with all the following requirements. Darling shall: (i) notify City prior to each entry of the date and the purpose of intended entry and provide the names and affiliations of the persons entering the New Site; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the New Site during or after such investigation; (iii) comply with all applicable laws and governmental regulations (including issuance of applicable permits to fee for which shall be waived by City); (iv) allow an employee of City to be present at all times at the election of City; (v) keep the New Site free and clear of all materialmen's liens, lis pendens and other liens or encumbrances arising out of the entry and work performed under this paragraph; (vi) maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the New Site in the amounts required by the State of California; (vii) provide to City prior to initial entry a certificate of insurance evidencing that Darling has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names City as an additional insured; and other requirements specified in Section 706; (viii) return the New Site to substantially its original condition following Darling's entry; (ix) provide City copies of all studies, surveys, reports, investigations and other tests derived from any inspection without representation or warranty; and, (x) take the New Site at Closing subject to any title exceptions caused by Darling exercising this license to enter. Darling agrees to indemnify, defend and hold City free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys' fees) which City may suffer or incur as a consequence of Darling's exercise of the license granted pursuant to this Section or any act or omission by Darling, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Darling (except City and its agents) with respect to the New Site, excepting to the extent such claims arise out of the negligence or misconduct of City. City agrees to indemnify, defend and hold Darling free and harmless from and against any and all losses, damages (other than punitive damages) liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys' fees), that Darling may suffer or incur as a result of its exercise of the license granted pursuant to this Section, and arising or alleged to have arisen, out of the active negligence or misconduct of City. Notwithstanding termination of this Disposition Agreement for any reason, the obligations of the parties under this Section as well as any agreement for early entry which may be entered into by City and Darling prior to the Effective Date shall remain in full force and effect. 5. Hazardous Materials; Release of City. Disposition Agreement Page 10 of 38 Pages Upon transfer of the New Site to Darling, Darling agrees that in the event Darling incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or oil wells and/or underground storage tanks and/or pipelines whether attributable to events occurring prior to or following the Closing, then Darling may look to any prior owners of the New Site, but under no circumstances shall City be liable directly or indirectly regarding Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines. Darling, and each of the entities constituting Darling, if any, from and after the Closing, hereby waives, releases, remises, acquits and forever discharges City, its directors, officers, shareholders, employees, and agents, and their heirs, successors, personal representatives and assigns, of and from any and all Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are defined below, and from any and all actions, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, loss, costs, liabilities and expenses, which concern or in any way relate to the physical or environmental conditions of the New Site, the existence of any Hazardous Material thereon, or the release or threatened release of Hazardous Materials therefrom, whether existing prior to, at or after the Closing. It is the intention of the parties pursuant to this release that any and all responsibilities and obligations of City, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Darling, its successors, assigns or any affiliated entity of Darling against City, arising by virtue of the physical or environmental condition of the New Site, the existence of any Hazardous Materials thereon, or any release or threatened release of Hazardous Material therefrom, whether existing prior to, at or after the Closing, are by this Release provision declared null and void and of no present or future force and effect as to the parties; provided, however, that no parties shall be deemed third party beneficiaries of such release. In connection therewith, Darling expressly agrees to waive any and all rights which said party may have under Section 1542 of the California Civil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” DARLING’S INITIALS: _____ Without limiting the foregoing, Darling agrees not to initiate any legal process against the City, and hereby fully releases the City, in connection with any Environmental Claims, Environmental Cleanup Liability or Environmental Compliance Costs, except those that constitute a Preserved Right. For purposes of this Section 403, the following terms shall have the following meanings: a. “Environmental Claim” means any claim for personal injury, death and/or property damage made, asserted or prosecuted by or on behalf of any third party, including, without limitation, any governmental entity, relating to the New Site or its operations and arising or alleged to arise under any Environmental Law. b. “Environmental Cleanup Liability” means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the New Site, including the ground water thereunder, including, without limitation, (A) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therewith and (B) any cost, expense, loss or damage incurred with respect to the New Site or its operation as a Disposition Agreement Page 11 of 38 Pages result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup or abatement. c. “Environmental Compliance Cost” means any cost or expense of any nature whatsoever necessary to enable the New Site to comply with all applicable Environmental Laws in effect. “Environmental Compliance Cost” shall include all costs necessary to demonstrate that the New Site is capable of such compliance. d. “Environmental Law” means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical sub- stances from industrial or commercial activities, or (D) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal. e. “Hazardous Material” is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental City, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (A) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (B) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (C) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (D) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (E) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (F) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (I) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (J) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317; (K) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M) defined as “Hazardous Material” pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; or (N) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time here-after, in effect. Disposition Agreement Page 12 of 38 Pages f. “Preserved Rights” means rights associated with an Environmental Claim or Environmental Compliance Cost that may arise after the Closing, and which relates to or arise from activities of the City: (i) in fulfilling the Methane Gas Service Commitment; (ii) in fulfilling the Nonpotable Water Service Commitment; or, (iii) which constitutes negligent or willful misconduct by the City that results in a release of Hazardous Materials that adversely affects the New Site and is in violation of Environmental Law. Notwithstanding any other provision of this Disposition Agreement, Darling’s release and indemnification as set forth in the provisions of this Section, as well as all provisions of this Section shall survive the termination of this Disposition Agreement and shall continue in perpetuity. 6. Covenant to Provide Notice. Notwithstanding anything to the contrary in this Agreement, if after the Effective Date the City receives written communication from a public agency that: (a) Hazardous Materials are alleged to exist on the New Site; or, (b) an investigation has commenced regarding potential violations of Environmental Law that affect the New Site, City shall provide Darling prompt written notice of such communication. D. (§ 404) Entitlements. 1. Proposed Development’s Consistency with Plans and Codes. City covenants to cooperate with Darling to obtain all Entitlements as required for the construction, operation, and use of the New Plant as provided in this Disposition Agreement subject to approval of the Project in accordance with applicable law, including, but not limited to, California Environmental Quality Act. City does not make any representations or warranties with respect to approvals required by any other governmental entity or with respect to approvals hereinafter required from City and City reserve full police power authority over the Project. However, City shall cooperate with Darling in procuring the foregoing approvals. Nothing in this Disposition Agreement shall be deemed to be a prejudgment or commitment with respect to such items or a guarantee that such approvals or permits will be issued within any particular time or with or without any particular conditions. 2. Evolution of Development Plan. Concurrently with the approval of this Disposition Agreement, City has approved Darling’s Basic Concept Drawings. On or before the date set forth in the Schedule of Performance, Darling shall submit to the City preliminary, and thereafter final, drawings a nd specifications for development of the New Site in accordance with the Scope of Development, and all in accordance with the City’s requirements. The term preliminary and final drawings shall be deemed to include site plans, building plans and elevations, grading plans, if applicable, landscaping plans, parking plans, material pallets, a description of structural, mechanical, and electrical systems, and all other plans, drawings and specifications. Final drawings will be in sufficient detail to obtain a bu ilding permit. Said plans, drawings and specifications shall be consistent with the Scope of Development and the various development approvals referenced hereinabove, except as such items may be amended by City (if applicable) and by mutual consent of City and Darling. Plans (concept, preliminary and construction) shall be progressively more detailed and will be approved if a logical evolution of plans, drawings or specifications previously approved. 3. Darling’s Efforts to Obtain Approvals. Disposition Agreement Page 13 of 38 Pages Darling shall promptly cooperate with City to timely submit all documents and information necessary to obtain all development and building approvals from the City in a timely manner, and City shall cooperate with Darling in connection therewith. Not by way of limitation of the foregoing, in developing and constructing the New Plant, Darling shall comply with all applicable development standards in City’s Municipal Code and shall comply with all building codes, landscaping, signage, and parking requirements, except as may be permitted through approved variances and modifications. 4. Reasonable Assistance. Subject to compliance with: (i) the applicable City development standards for the New Site; and, (ii) all applicable laws and regulations governing such matters as public hearings, site plan review and environmental review, City agrees to act expeditiously in processing and offering for approval, at no cost to Darling, Darling’s submittals required under this Section in order that Darling can obtain a final City action on such matters within the time set forth in the Schedule of Performance. City shall not impose any public hearing requirements not required under applicable laws and regulations. City’s failure to provide necessary approvals or permits within such time periods, after and despite Darling’s reasonable efforts to submit the documents and information necessary to obtain the same, shall constitute an Enforced Delay. 5. Disapproval. City shall expedite all submittals by Darling. City shall complete its first review of any submittal made by Darling pursuant to this Section within fifteen (15) business days after such submittal. All submittals made by Darling shall note the fifteen (15) business day time limit, and specifically reference this Disposition Agreement and this section. Any disapproval shall state in writing in reasonable detail the reason for the disapproval and detail the changes which City requests be made. Darling shall make the required changes and revisions and resubmit for approval as soon as is reasonably practicable, but no more than thirty (30) days of the date of disapproval Thereafter, City shall have an additional ten (10) business days for each subsequent review, but if City disapproves the resubmittal, then the cycle shall repeat, until City’s approval has been obtained. The foregoing periods may be shortened if so specified in the Schedule of Performance. 6. CEQA. City shall be the lead agency for obtaining the approval of this Disposition Agreement and the Project as required by the California Environmental Quality Act ("CEQA"). City shall be solely responsible for all costs and expenses for all CEQA reports and investigations. Darling specifically acknowledges and agrees that Darling shall satisfy all conditions necessary to ensure that the Project conforms to all applicable CEQA requirements and applicable mitigation measures, except for such matters are addressed by the Financial Assistance, and except for the rights of Darling pursuant to Section 404(7) below. Upon City’s request, Darling agrees to promptly supply information and otherwise to assist City to determine the environmental impact of the proposed development and to allow City to prepare and process such environmental documents, if any, as may need to be completed for the development pursuant to the requirements of CEQA. City agrees to indemnify and hold Darling harmless for all Claims or Litigation provided, however, that Darling shall fully cooperate with City with respect to the defense of any litigation. Disposition Agreement Page 14 of 38 Pages 7. Disapproval of Conditions or Mitigations. If Darling determines, in its sole judgment, that any conditions of approval for the Project, or any mitigation measure imposed by CEQA compliance, provided such conditions or mitigation measures were added after Darling signed this Agreement (or are among the "MND Mitigation Burdens" listed below) would create undesirable costs or liabilities to Darling, Darling shall have the right to terminate this Agreement without further obligation to City by providing written notice of termination to City not less than forty-five (45) days after the certification of the CEQA compliance document or final adoption of the condition of approval that imposes such requirement or mitigation measure. The following items are MND Mitigation Burdens: (a) changes in the New Plant site plan or intended operations that may be imposed pursuant to the odor management plan imposed by AIR-1; (b) implementation of mitigation measures that may arise from the loss of burrowing owl nests as detailed in the MND Mitigation Measure BIO-2; (c) remediation of any contaminations that may be identified by the Phase II ESA required in MND Mitigation Measure HAZ-1; (d) implementation of mitigation measures that may arise from the requiremen t to have stationary equipment reduce GHG by 29% (beyond the reductions achieved through the implementation of Air District BPS standards), as detailed in MND Mitigation Measure GHG-1; and (e) changes in the New Plant site plan or intended operations that may be imposed pursuant to the noise minimization plan imposed by NOI-1. V. (§ 500) TRANSFER OF NEW SITE TO DARLING. A. (§ 501) Conveyance. In accordance with and subject to all the terms, covenants and conditions of this Disposition Agreement, City agrees to convey the New Site to Darling subject to the terms of the Deed, and Darling specifically agrees to accept the New Site and covenants to develop and operate the New Site as a new rendering plant consistent with the Scope of Development, the Approved Plans and Section 800 et seq. B. (§ 502) Escrow. Escrow shall be opened in the time specified in the Schedule of Performance. This Disposition Agreement shall constitute the joint escrow instructions of City and Darling to Escrow Agent, and a duplicate original of this Disposition Agreement shall be delivered to Escrow Agent upon the opening of Escrow. Escrow Agent is empowered to act under the instructions in this Disposition Agreement. City and Darling shall promptly prepare, execute, and deliver to Escrow Agent such additional escrow instructions (including Escrow’s standard general provisions) consistent with the terms herein as shall be reasonably required by Escrow Agent. No provision of any additional escrow instructions shall modify this Disposition Agreement without specific written approval of the modification(s) by both parties. C. (§ 503) Conditions to Close of Escrow. 1. Darling’s Conditions to Closing. Darling’s obligation to acquire the New Site and to close Escrow, shall, in addition to any other conditions set forth herein in favor of Darling, be conditioned and contingent upon the satisfaction or written waiver by Darling, of each and all of the following conditions (collectively the "Darling’s Conditions to Closing") within the time provided in the Schedule of Performance: Disposition Agreement Page 15 of 38 Pages (a) Darling has obtained the New Market Tax Credits in accordance with Section 402. (b) Title of the New Site will be conveyed in a good and merchantable condition subject only to those exceptions recited in the Deed and those exceptions to title approved pursuant to Section 505(5) and the Title Company has agreed to issue the Title Policy in the amount of the fair market value of the New Site with such endorsements as reasonably required by Darling. (c) Darling has received all required Entitlements for the Project as described in Section 404, and has obtained all other approvals and permits described in Section 707. (d) The Property Tax Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (e) The Sales Tax Rebate Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (f) The Impact Fee Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (g) The Permit and Entitlement Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (h) The Waste Water Facility Impact Fee Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (i) The New Site shall be delivered to Darling free and clear of any tenants or right of possession of any other persons or entities. (j) The Concerned Citizens of West Fresno shall have entered into a written agreement that stays further prosecution of the Litigation and provides for dismissal with prejudice of the Litigation at such time as Darling ceases rendering operations at the Existing Plant in accordance with Section 901. (k) No Claims or Litigation shall be pending or threatened. (l) No Environmental Claim that could not have been discovered with reasonable effort during the Site Investigation activities, shall exist or be threatened. Any waiver of the foregoing conditions must be express and in writing delivered in a timely manner. In the event that the foregoing conditions have not been satisfied or waived within the time provided in the Schedule of Performance, a party may terminate this Disposition Agreement by delivering a written notice in accordance with Section 507. 2. City’s Conditions to Closing. City’s obligation to deliver the New Site and to close Escrow, shall, in addition to any other conditions set forth herein in favor of City, be conditioned and contingent upon the satisfaction or written waiver by City, of each and all of the following conditions (collectively the "City’s Conditions to Closing") within the time provided in the Schedule of Performance: Disposition Agreement Page 16 of 38 Pages (a) Darling has received all required Entitlements for the Project as described in Section 404, and has obtained all other approvals and permits described in Section 707. (b) Darling has deposited all applicable documents required under this Disposition Agreement. (c) As of the Closing, Darling shall not be in default hereunder, nor shall any event or occurrence exist that with the passage of time or giving of notice or both would constitute such a default by Darling. Any waiver of the foregoing conditions must be express and in writing. In the event that Darling fails to satisfy City’s foregoing conditions or defaults in the performance of its obligations hereunder, City may terminate this Disposition Agreement and the Escrow pursuant to Section 404 without any liability to Darling. 3. Parties’ Conditions to Closing. Prior to the Closing Date, City shall execute and deliver a certificate (“Taxpayer ID Certificate”) in such form as may be required by the IRS pursuant to Section 6045 of the Internal Revenues Code or the regulations issued pursuant thereto, certifying as to the description of the New Site, date of Closing, taxpayer identification numbers and other information as required by law. Prior to the Closing, Darling and City shall cause to be delivered to the Escrow Agent such other items, instruments and documents, and the parties shall take such further actions, as may be necessary or desirable in order to complete the Closing. At the Closing neither party shall be in breach of its obligations hereunder. D. (§ 504) Conveyance of the New Site. 1. Time for Conveyance. Escrow shall close after satisfaction (or written waiver by the benefited party) of the applicable conditions to close of Escrow, but not later than the date specified in the Schedule of Performance, unless extended by the mutual agreement of the parties or any Enforced Delay. Possession of the New Site shall be delivered to Darling at Close of Escrow free of all tenancies and occupants other than any title matters approved in accordance with Section 505. 2. Escrow Agent to Advise of Costs. On or before the date set in the Schedule of Performance, Escrow Agent shall advise City and Darling in writing of the fees, charges, and costs necessary to clear title and close Escrow, and of any documents which have not been provided by said party and which must be deposited in Escrow to permit timely Closing. 3. Deposits by City Prior to Closing. On or before, but not later than two (2) business days prior to the date set for the Closing in the Schedule of Performance, City shall deposit into Escrow: (i) the Deed, executed and acknowledged by City; (ii) two (2) executed copies of the Property Tax Rebate Commitment; (iii) two (2) executed copies of the Sales Tax Rebate Commitment; (iv) two (2) executed copies of the Impact Fee Commitment; (v) two (2) executed copies of the Permit and Entitlement Commitment; (vi) two (2) executed copies of the Waste Water Facility Impact Fee Commitment; (vii) an estoppel certificate certifying that Darling has completed all acts, other than as specified, necessary for Disposition Agreement Page 17 of 38 Pages conveyance; (viii) the Taxpayer ID Certificate; and, (ix) payment of City’s share of costs as set forth in Section 506. 4. Deposits by Darling Prior to Closing. On or before, but not later than two (2) business days prior to the date s et for the Closing in the Schedule of Performance, Darling shall deposit into Escrow: (i) an estoppel certificate certifying that City have completed all acts, other than as specified, necessary to conveyance; (ii) the Taxpayer ID Certificate; (iii) consent to the Deed to be attached prior to recordation; (iv) two (2) executed copies of the Property Tax Rebate Commitment; (v) two (2) executed copies of the Sales Tax Rebate Commitment; (vi) two (2) executed copies of the Impact Fee Commitment; (vii) two (2) executed copies of the Permit and Entitlement Commitment; (viii) two (2) executed copies of the Waste Water Facility Impact Fee Commitment; (ix) a Preliminary Change of Ownership (PCOR); and, (xi) payment to Escrow Agent of Darling’s share of any costs in accordance with Section 506. 5. Recordation and Disbursement of Funds (if any). Upon the completion by City and Darling of the required deliveries and actions prior to Closing, Escrow Agent is authorized to pay any transfer taxes and recording fees under applicable law, and thereafter cause to be recorded in the appropriate official records of Fresno County, California, in the following order: (i) the Deed with Darling’s consent attached; (ii) the Covenant Agreement; and, (iii) any other appropriate instruments delivered through this Escrow, if necessary or proper to vest title of the New Site in Darling in accordance with the terms of this Disposition Agreement. Immediately following Closing, Escrow Agent shall deliver the Title Policy to Darling (with a copy to City) insuring title and conforming to the requirements of Section 505. Following recordation, Escrow Agent shall deliver conformed copies of all recorded documents to Darling and City. E. (§ 505) Title Matters. 1. Condition of Title. At close of Escrow, City shall convey to Darling fee title to the New Site subject to: (i) non- delinquent real property taxes; (iii) quasi-public utility, public alley and public street easements of record; and, (iv) covenants, conditions and restrictions and other encumbrances and title exceptions approved by Darling under this Section 505. 2. [Not Used] 3. Delivery of Possession to Darling. Immediately after the Close of Escrow, City shall deliver exclusive possession of the New Site to Darling free of any tenants and occupants. 4. Agreement to Not to Encumber Site. City covenants to Darling that commencing with the Effective Date through the Close of Escrow, it will not transfer, sell, hypothecate, pledge, or otherwise encumber the New Site without the express written permission of Darling. Disposition Agreement Page 18 of 38 Pages 5. Approval of Title Exceptions. Prior to the date in the Schedule of Performance, City shall deliver a current preliminary title report issued by the Title Company for the New Site to Darling including copies of all documents referenced therein. Prior to the date in the Schedule of Performance, Darling shall deliver to City written notice, with a copy to Escrow Agent, specifying in detail any exception disapproved and the reason therefor. Prior to the date in the Schedule of Performance, City shall each deliver written notice to Darling as to whether it will or will not cure the disapproved exceptions. If City elects not to cure the disapproved exceptions, Darling may terminate this Disposition Agreement and the Escrow but without any liability of City to Darling, or Darling may withdraw its earlier disapproval. If City elects to cure the disapproved exceptions, it shall do so on or before the Closing. Thereafter, if Escrow fails to timely close because: (i) City has failed to cure the disapproved exceptions, or, (ii) due to exceptions not previously reported but which arise due to acts of owner subsequent to issuance of the preliminary title report (provisions (i) and (ii) are referenced to herein as “Acts of Owner”), and if City cannot cure said defects within the time provided in Section 410, then Darling may terminate this Disposition Agreement and the Escrow, and obtain reimbursement from the City for its reasonable costs of performance under this Agreement, in an amount not t o exceed $150,000.00. In the event the failure to close is due to the existence of other conditions of title not approved by Darling which: (i) are not the result of Acts of Owner; and, (ii) are not reasonably acceptable to Darling, then the parties shall negotiate in good faith to correct the title problem, and shall consider courses of action with the title company, bonding and indemnities, and other modifications to this Disposition Agreement. If such good faith negotiations do not resolve the matter before the time period specified in the Schedule of Performance, then Darling shall have the right to either waive such failure and proceed to a close of Escrow, or terminate this Agreement and the Escrow, and neither party shall thereupon have any further duties or liabilities to the other under this Agreement. 6. Title Policy. At the close of Escrow, Escrow Agent shall cause the Title Company to issue and deliver to Darling an ALTA extended coverage title insurance policy ("Title Policy") insuring that the fee simple title of the New Site is vested in Darling in the condition required by this Disposition Agreement, including any endorsements reasonably requested by Darling and in the amount of the fair market value of the New Site. City shall pay the cost of issuing to Darling an ALTA extended policy for the New Site. Darling shall pay for any additional endorsements or coverage requested by Darling. At Closing, the Escrow Agent shall provide City with a copy of the Title Policy. The Title Company shall, if requested by Darling in writing and at Darling’s sole cost and expense, provide Darling with an endorsement to the Title Policy to insure the amount of Darling's estimated construction cost of the Improvements and any other endorsements requested by Darling . F. (§ 506) Costs of Escrow. 1. Allocation of Costs. Escrow Agent is authorized to allocate costs of the Closing to City, including but not limited to, the cost of the Title Policy; documentary taxes; and escrow fees. No recording fees should be paid as City is exempt as a governmental agency. Darling shall pay any additional premium amounts for the Title Policy beyond ALTA extended coverage and any special endorsements. Each party shall pay its own attorneys’ fees for the drafting of this Disposition Agreement and any legal work required to consummate this transaction, however, this provision shall not be construed to limit the rights of a non-defaulting party under Section 1007. Disposition Agreement Page 19 of 38 Pages 2. Prorations and Adjustments. As City is exempt from ad valorem taxes and assessment s on the New Site, no prorations shall be made by Escrow Agent. 3. Extraordinary Services of Escrow Agent. Escrow fees and charges contemplated by this Disposition Agreement incorporate only the ordinary services of Escrow Agent as listed in this Disposition Agreement. In the event that Escrow Agent renders any service not provided for in this Disposition Agreement, or that Escrow Agent is made a party to, or reasonably intervenes in, any litigation pertaining to this Escrow or the subject matter thereof, then Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses occasioned by such default, controversy or litigation. 4. Escrow Agent’s Right to Retain Documents. Escrow Agent shall have the right to retain all documents and/or other things of value at any time held by it hereunder until such compensation, fees, costs and expenses are paid. The parties jointly and severally promise to pay such sums upon demand. G. (§ 507) Termination of Escrow. 1. Termination. Escrow (and this Disposition Agreement) may be terminated by demand of a party who then shall have fully performed its obligations hereunder if: (a) The Conditions to Closing have not occurred or have not been approved, disapproved, or waived as the case may be, by the approving party by the date established herein for the occurrence of such Condition, including any grace period pursuant to this Section; (b) Escrow is not in a condition to close by the date set for Closing; or, (c) Either party is in breach of the terms and conditions of this Disposition Agreement. In the event of the foregoing, the terminating party may, in writing, demand return of its money, papers, or documents from the Escrow Agent and shall deliver a copy of such demand to the non-terminating party or parties. No demand shall be recognized by the Escrow Agent until thirty (30) days after the Escrow Agent shall have mailed copies of such demand to the non- terminating party or parties, and if no objections are raised in writing to the terminating party and the Escrow Agent by the non-terminating party within the thirty (30) day period. In the event of such objections, the opportunity to cure shall be provided as stated below in Subsection 2 of this Section. In addition, the Escrow Agent is authorized to hold all money, papers, and documents until instructed in writing by Darling and City, upon failure thereof, by a court of competent jurisdiction; provided that after expiration of the cure period provided in Subsection 2 of this Section. If no such demands are made, the Escrow shall be closed as soon as possible and neither party shall have any further liability to the other. Disposition Agreement Page 20 of 38 Pages 2. Opportunity to Cure. Prior to Closing, in the event any of the Conditions to Closing are not satisfied or waived by the applicable party with the power to approve said Conditions (the "approving party"), then such party shall explain in writing to the other party (the "non-approving party") the reason for the disapproval. Thereafter, the non-approving party shall have an additional thirty (30) days to satisfy any such Condition to Closing, and only if such Conditions still cannot be satisfied may the approving party terminate the Escrow. In the event Escrow is not in a condition to close because of a default by a party, and the performing party has made demand as stated in Subsection 1 of this Section, then upon the non-performing party's delivering its objection to Escrow Agent and the performing party within the above thirty (30) day period, the non- performing party shall have the right to cure the default in accordance with and in the time provided in Section 901(1). H. (§ 508) Responsibility of Escrow Agent. 1. Deposit of Funds. All funds received in Escrow shall be deposited by Escrow Agent in a special Escrow account with any state or national bank doing business in the State of California and may not be combined with other Escrow funds of Escrow Agent or transferred to any other general Escrow account or accounts. 2. Notices. All communications from Escrow Agent shall be directed to the addresses and in the manner provided in Section 1101 of this Disposition Agreement for notices, demands and communications between City and Darling. 3. Sufficiency of Documents. Escrow Agent is not to be concerned with the sufficiency, validity, correctness of form, or content of any document prepared outside of Escrow and delivered to Escrow. The sole duty of Escrow Agent is to accept such documents and follow Darling’s and City’s instructions pursuant to this Disposition Agreement. 4. Exculpation of Escrow Agent. Escrow Agent shall not be liable for the failure of any of the Conditions to Closing of this Escrow, forgeries or false personation, unless such liability or damage is the result of negligence or willful misconduct by Escrow Agent. 5. Responsibilities in the Event of Controversies. If any controversy documented in writing arises among Darling, City or with any third party with respect to the subject matter of this Escrow or its terms or conditions, Escrow Agent shall not be required to determine the same, to return any money, papers or documents, or take any action regarding the New Site prior to settlement of the controversy by a final decision by an arbitrator, by a court of competent jurisdiction, or by written agreement of the parties to the controversy, as the case may be. Escrow Agent shall be responsible for timely notifying Darling, City of the controversy. In the event of such a controversy, Escrow Agent shall not be liable for interest or damage costs resulting from failure to timely close Escrow or take any other action unless such Disposition Agreement Page 21 of 38 Pages controversy has been caused by the failure of Escrow Agent to perform its responsibilities hereunder. VI. (§ 600) CITY’S POST CLOSING OBLIGATIONS AND COMMITMENTS. A. (§ 601) Pipelines. 1. PG&E Gas Line. Within ninety (90) days following Closing, City shall, at no cost or expense to Darling, coordinate with Pacific Gas & Electric to provide a gas line to the New Site to provide gas services to the New Plant (“PG&E Gas Line”). The PG&E Gas Line shall be constructed by PG&E, shall be stubbed to the boundary of the New Site and shall be sized sufficiently to deliver methane gas in a capacity to service the PG&E gas service demands of both the New Plant and the WWTP. Darling shall cooperate with PG&E and City with respect to the necessary specifications of the gas line and service requirements. City will ensure that the PG&E Gas Line is installed not less than three (3) months prior to the anticipated commencement of construction of t he New Plant which date shall be provided by Darling. 2. Methane Gas Line. Within ninety (90) days following Closing, but no earlier than July 1, 2018, City shall, at no cost or expense to Darling, provide a methane gas line to the New Site to provide methane services to the New Plant (“Methane Gas Line”). The methane line shall be stubbed to the boundary of the New Site, at a location mutually acceptable to City and Darling, in a capacity to service the New Plant consistent with the standards detailed in the Methane Gas Service Commitment. City will ensure that the Methane Gas Line is installed not less than three (3) months prior to the anticipated commencement of construction of the New Plant which date shall be provided by Darling. 3. Nonpotable Water Supply Line. Within ninety (90) days following Closing, City shall, at no cost or expense to Darling, coordinate with WWTP to provide a nonpotable water line to the New Site to provide nonpotable water to the New Plant (“Nonpotable Water Supply Line”). The Nonpotable Water Supply Line shall be stubbed to the boundary of the New Site, at a location mutually acceptable to City and Darling, in a capacity to service the New Plant. Darling shall cooperate with the WWTP and City with respect to the necessary specifications of the nonpotable water and service requirements. City will ensure that the Nonpotable Water Supply Line is installed not less than three (3) months prior to the anticipated commencement of construction of the New Plant which date shall be provided by Darling. B. (§ 602) New Well Development & Use. Within fifteen (15) months from the Closing, City shall complete the development of a well (including installation of equipment, pumps, electrical services, pipelines, meters, and related facilities (“New Well”) meeting all public potable water supply well standards, adjacent to or on the New Site. The New Well shall deliver water at 50 psi to the New Site. If the New Well is to be located on the New Site, Darling will grant City such licenses to access and conduct such construction pursuant to a license agreement utilizing the City’s standard form for permitting access to City owned property. If the New Well is not located on the New Site, City will provide a pipeline to the boundary of the New Site, at a location mutually acceptable to City and Darling, and Disposition Agreement Page 22 of 38 Pages an easement in favor of Darling providing for its rights to maintain and repair the New Well . Darling shall not be charged for any usage or capacity charges for the water extractions from the New Well except for extraction fees imposed by any applicable groundwater sustainability agency having jurisdiction under the Sustainable Groundwater Management Act, and only to the extent imposed on a non-discriminatory basis. However, notwithstanding the foregoing, Darling shall be solely responsible to pay the costs for: (i) electricity for operating the New Well; and, (ii) maintaining the New Well. City shall be solely responsible for all permitting, inspection, and testing required as part of the initial development of the New Well. Darling will be solely responsible for all testing and reporting of well data to the State Water Resources Control Board as part of the operations of the New Well, and will hold the regulatory permits for the New Well. C. (§ 603) Utility Service Commitments. 1. Methane Gas Service Commitment. City commits that, upon construction of the Methane Gas Line pursuant to Section 601(2), methane gas will be available to the New Site through the Methane Pipeline at a minimum capacity of 500 scfm for twenty (20) hours per day for every day of the year with quality at ninety-five percent (95%) methane content and 900 btus per cubic foot. No usage or capacity charges shall be imposed for delivery of the methane gas or use of the Methane Gas Pipeline. City’s commitment as set forth in this Section shall continue for a period of thirty (30) years from the Closing Date. The provisions of this Section 603(1) are referred to herein as the Methane Gas Service Commitment. The City shall have the right to elect to have some or all of its Methane Gas Service Commitment satisfied by the delivery of methane gas to the New Site through the Methane Pipeline by PG&E or another third party, provided such deliveries shall be at no cost to Darling, and provided that the City shall remain responsible for assuring that the quality of the methane content and the service delivery standards set forth above, are satisfied by such alternative supplier. 2. Nonpotable Water Service Commitment. City commits that, upon construction of the Nonpotable Water Supply Line pursuant to Section 601(3), water will be available to the New Site through the Nonpotable Water Supply Pipeline at a capacity sufficient for the New Plant operations and maintenance of the New Site. No usage or capacity charges shall be imposed for delivery of the nonpotable water supply. City’s commitment as set forth in this Section shall continue for a period of thirty (30) years from the Closing Date. D. (§ 604) Rebate Commitments. 1. Property Tax Rebate Commitment. As a condition precedent to Closing, City and Darling shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance that all real and personal property taxes that are allocated to City by the County of Fresno, or allocable to the County of Fresno General Fund, with respect to the New Site and all existing or future improvements thereon, shall be rebated to Darling on an annual basis not later than sixty (60) days after the receipt by City and the County of their respective allocated amounts. The commitment as set forth in this Section shall continue for a period of thirty (30) fiscal years from the Closing Date. Disposition Agreement Page 23 of 38 Pages 2. Sales Tax Rebate Commitment. In order to complete the New Plant, Darling may elect to purchase new equipment for the operation of the rendering plant either directly or through its contractors (“Purchased Equipment”). As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all sales taxes paid for the Purchase Equipment to the extent allocated to City by the State Board of Equalization (“Board”) for the Purchased Equipment (“Rebated Amount”) shall be rebated to Darling as set forth below. Within one (1) year after recordation of the Certificate of Completion and Satisfaction under this Disposition Agreement, Darling may provide to City a written request for the rebate by providing summary of all Purchased Equipment together with supporting documentation (“Rebate Request”). Not later than the later to occur of: (i) ninety (90) days after City’s receipt of the Rebate Request; or, (ii) City’s actual receipt of the Rebated Amount from the Board, City shall pay the Rebate Amount to Darling. E. (§ 605) Impact & Related Fee Commitments. 1. Impact Fee Commitment. As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all Impact Fees or capacity charges (other than school fees) that are imposed by City shall be abated for the New Plant. 2. Permit and Entitlement Fee Commitment. As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all City permit and Entitlement Fees that may be required for the Project (except business license fees) shall be abated for the New Plant. As provided in Section 707, Darling shall not be required to pay any grading or building permit fees for the New Plant. 3. Waste Water Facility Impact Fee Commitment. Without limiting the generality of Section 605(1) above, as a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all Impact Fees or capacity charges potentially imposed by WWTP for capacity up to two hundred percent (200%) of the actual capacity utilized by the Existing Plant as of the Effective Date shall be abated. Darling understands that any capacity charges for usage in excess of the specified amount shall be the responsibility of Darling. On the thirtieth (30) annual anniversary of the Closing Date, Darling shall have no further right to accrue further capacity entitlements pursuant to this provision, but shall remain vested with the capacity entitlements that it is regularly and legally using as of such date. VII. (§ 700) DARLING’S POST CLOSING OBLIGATIONS. A. (§ 701) Development of New Site. Upon City’s satisfaction of all obligations in Section 600, Darling shall, at its sole cost and expense, promptly commence and diligently prosecute the construction of the New Plant as Disposition Agreement Page 24 of 38 Pages provided in the Scope of Development, Darling’s Basic Concept Drawings, and the plans and permits approved by City pursuant to Section 404(3) and (4). Notwithstanding any other provision set forth in this Disposition Agreement to the contrary, in the event of any conflict between the narrative description of the Project in this Disposition Agreement (including the Scope of Development) and the approved plans and permits, the approved plans and permits shall govern. B. (§ 702) Development Plans, Final Building Plans. 1. Development’s Consistency with Plans and Codes. Darling’s proposed development, and construction, operation, and use of the New Site as provided in this Disposition Agreement are subject to the: (i) approval of the Project in accordance with applicable law; (ii) the development approvals yet to be obtained, including a conditional use permit, development permit, a general plan amendment and a zoning amendment; and, (iii) City’s review and approval of the Project in accordance with the California Environmental Quality Act. Darling understands that City does not make any representations or warranties with respect to approvals required for the Project and City reserve full police power authority over the Project. Although City covenants to cooperate with Darling in procuring the required approvals, nothing in this Disposition Agreement shall be deemed to be a prejudgment or commitment with respect to such items or a guarantee that such approvals or permits will be issued within any particular time or with or without any particular conditions. C. (§ 703) Costs of Construction; Financial Assistance. Except for items encompassed in the Financial Assistance, the cost of developing the New Site and constructing all of the on-site and off-site improvements, if any, at or about the New Site required to be constructed for the Project shall be borne solely by Darling. Darling shall comply with all applicable laws including prevailing wages (if applicable) and shall defend and hold City harmless from and against any and all increase in construction costs, or other liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of any action or determination that Darling was subject to prevailing wages in connection with the construction of the Project. D. (§ 704) Schedule of Performance; Progress Reports. Darling shall begin and complete all plans, reviews, construction and development specified in the Scope of Development and commencement of operations within the times specified in the Schedule of Performance or such reasonable extensions of said dates as may be mutually approved in writing by the parties, except to the extent Darling's ability to maintain compliance with Schedule of Performance is frustrated due to an event of Enforced Delay. Once construction is commenced, it shall be diligently pursued to completion, and shall not be abandoned for more than thirty (30) consecutive days, except when due to an Enforced Delay. Darling shall keep City informed of the progress of construction and submit to City written reports of the progress of the construction when and in the form reasonably requested by City. E. (§ 705) Indemnification During Construction. During construction on the New Site and until such time as a Certificate of Completion and Satisfaction has been issued pursuant to this Disposition Agreement, Darling shall indemnify and hold City harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or to the property of any Disposition Agreement Page 25 of 38 Pages person which shall occur on the New Site and which shall be directly or indirectly caused by any acts, errors or omissions of Darling or its agents, servants, employees, or contractors. Darling shall not be responsible for (and such indemnity shall not apply to) any acts errors or omiss ions of City or their respective agents, servants, employees or contractors. City shall not be responsible for any acts, errors or omissions of any person or entity except its own agents, servants, employees or contractors subject to any and all statutory and other immunities. City shall also be responsible for the indemnity and related obligations provided for in Section 403-4. F. (§ 706) CGL and Workers’ Compensation Insurance. 1. Types of Insurance. Prior to the entry of Darling on the New Site for investigation, and until such time as a Certificate of Completion and Satisfaction is issued, Darling shall procure and maintain (or cause to be procured and maintained), at its sole cost and expense, the following policies of insurance: Darling shall keep or cause to be kept in force for the mutual benefit of City and Darling insurance with policy types and limits no less than those set forth in Attachment No. 4, which shall include, without limitation, insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the New Site, improvements or adjoining areas or ways, affected by such use of the New Site or for property damage. Darling shall also furnish or cause to be furnished to City evidence reasonably satisfactory to it that any contractor with whom Darling has contracted for the performance of any work for which Darling is responsible hereunder carries workers' compensation insurance as required by law. 2. Policy Form, Content and Insurer. Except for the umbrella liability coverage carrier, National Fire and Marine Insurance Co. (NAIC #20079), all insurance required by express provisions hereof shall be carried only by insurance companies authorized to do business by California, rated "A-" or better in the most recent edition of Best Rating Guide, and only if they are of a financial category Class VIII or better. All such property policies shall contain language, to the extent obtainable, to the effect that: (i) any loss shall be payable notwithstanding any act of negligence of City or Darling that might otherwise result in the forfeiture of the insurance; (ii) the policies are primary and noncontributing with any insurance that may be carried by City; and, (iii) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City's designated representative. Darling shall furnish City with certificates evidencing the insurance as well as full copies of the policies. City shall be named as additional insureds on all policies of insurance required to be procured by the terms of this Disposition Agreement other than workers’ compensation insurance. 3. Failure to Maintain Insurance and Proof of Compliance. Darling shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies together with a copy of the policies required hereunder within the following time limits: (a) For insurance required above, prior to entry of Darling on the New Site by or on behalf of Darling. (b) For any renewal or replacement of a policy already in existence, Disposition Agreement Page 26 of 38 Pages simultaneously with the expiration or termination of the existing policy. If Darling fails or refuses to procure or maintain insurance as required here by or fails or refuses to furnish City with required proof that the insurance has been procured and is in force, such failure shall be a default hereunder, subject to the applicable cure period. G. (§ 707) Governmental Agency Permits. Before commencement of construction or development of any structures or other work on the New Site which are Darling’s responsibility under the Scope of Development, Darling shall secure or cause to be secured any and all permits which may be required by City or any other applicable governmental agency having jurisdiction. Without limiting the generality of the foregoing, Darling shall diligently pursue all permits required by SJVAPC District for the construction and operation of the New Plant. City hereby waives all applicable fees for the issuance of City permits. Darling shall pay all normal and customary fees and charges for permits issued by other governmental agencies. Darling shall not be obligated to commence construction if any such permit is not issued despite good faith effort by Darling. To the extent legally permissible, City covenants to provide for expedited processing of all City permits and Entitlements required for the construction and development of the New Plant and the New Site in accordance with the Approved Plans, including (i) that permits shall be issued over-the-counter by the Planning Director or the director of other departments having responsibility for issuance of City permits; (ii) shall not require approval of the Planning Commission; and (iii) shall not require a public hearing. If there is delay beyond the usual time for obtaining any such permits due to no fault of Darling, the Schedule of Performance shall be extended to the extent such delay prevents any action which could not legally or would not in accordance with good business practices be expected to occur before such permit was obtained. H. (§ 708) Right of Access. Representatives of City shall have the reasonable right of access to the New Site at any time during normal construction hours during the period of construction, for the purpose of assuring compliance with this Disposition Agreement, including, but not limited to, the inspection of the construction work being performed by or on behalf of Darling. Such representatives of City shall be those who are so identified in writing by the City Manager. Each such representative of City shall identify himself or herself at the job site office upon his or her entrance to the New Site . Except in cases of emergency, no such representative of the City shall access the site unless the construction superintendent or similar person in charge on the New Site is available to accompany him or her during the inspection, and such City representative wears the safety gear reasonably required and made available by Darling, and complies with all safety standards imposed by Darling. City shall indemnify, defend, and hold Darling harmless from any injury or property damage caused or liability arising out of City’s exercise of this right of access. I. (§ 709) Applicable Laws. Darling shall carry out the construction of the improvements to be constructed by Darling in conformity with all applicable federal and state laws, including, but not limited to, labor laws and prevailing wage laws, if applicable. Disposition Agreement Page 27 of 38 Pages J. (§ 710) Anti-discrimination during Construction. Darling, for itself and its successors and assigns, agrees that in the construction of the improvements to be constructed by Darling, it shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. K. (§ 711) Taxes, Assessments, Encumbrances and Liens. Darling shall pay, when due, all real estate taxes and assessments assessed or levied subsequent to conveyance of the New Site, if any. Until the date that the Darling is entitled to the issuance of a Certificate of Completion and Satisfaction (as defined in Section 513) executed by City, Darling shall not place or allow to be placed thereon any mortgage, trust deed, encumbrance or lien (except mechanic’s liens prior to suit to foreclose the same being filed) prohibited by this Disposition Agreement. Darling shall remove or have removed any levy or attachment made on the New Site, or assure the satisfaction thereof, within a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit Darling from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to Darling in respect thereto. L. (§ 712) Certificate of Completion and Satisfaction. Upon both: (i) the completion of all construction required to be completed by Darling on the New Site pursuant to the terms of this Disposition Agreement; and, (ii) commencement of operations at the New Plant, City shall furnish Darling with the Certificate of Completion and Satisfaction for the New Site in the form of Attachment No. 10 upon written request therefor by Darling. The Certificate of Completion and Satisfaction shall be executed and notarized so as to permit it to be recorded in the Official Records of Fresno County. City shall not unreasonably withhold a Certificate of Completion and Satisfaction. If City refuses or fails to furnish a Certificate of Completion and Satisfaction within thirty (30) days after written request from Darling or any entity entitled thereto, City shall provide a written statement of the reasons City refused or failed to furnish a Certificate of Completion and Satisfaction. The statement shall also contain City’s opinion of the action Darling must take to obtain a Certificate of Completion and Satisfaction. If the reason for such refusal is confined to the immediate availability of specific items or materials for landscaping, or other minor so-called "punch list" items, City will issue its Certificate of Completion and Satisfaction upon the posting of a bond or other security reasonably acceptable to City by Darling with City in an amount representing one hundred fifty percent (150%) of the fair value of the work not yet completed or other assurance reasonably satisfactory to City. Such Certificate of Completion and Satisfaction is not notice of completion as referred to in the California Civil Code Section 3093. Nothing herein shall prevent or affect Darling’s right to obtain a Certificate of Occupancy from the City before the Certificate of Completion and Satisfaction is issued. M. (§ 713) Estoppels. At the request of Darling, City shall, from time to time and upon the request from Darling, timely execute and deliver to Darling a written statement of City that no default or breach exists (or would exist with the passage of time, or giving of notice or both) by Darling under this Disposition Agreement, if such be the fact, and certifying as to whether or not Darling has at the date of such Disposition Agreement Page 28 of 38 Pages certification complied with any obligation of Darling hereunder as to which Darling or such holder may inquire. The form of any estoppel letter shall be prepared by Darling and reasonably approved by City. VIII. (§ 800) NEW PLANT: CONSTRUCTION AND OPERATIONS. A. (§ 801) New Plant Design Capacity. The New Plant shall be designed to be consistent with an operational statement to be provided by Darling which shall provide for a minimum capacity of rendering operations to process up to ten million (10,000,000) pounds per week, which statement shall be subject to the approval of City which approval shall not be unreasonably withheld (“Operational Statement”). B. (§ 802) New Plant Construction. Promptly, but in no event later than ninety (90) days after the Closing of Escrow, Darling shall commence and diligently prosecute to completion the construction of the New Plant in accordance with the Approved Plans and applicable permits. Without limiting the generality of the foregoing, Darling acknowledges and agrees it may only use the New Site for operation of a New Plant consistent with the terms, covenants and conditions as set forth in this Disposition Agreement, and the applicable portions of the Fresno Municipal Code. C. (§ 803) Operation of New Plant. In order to remain eligible for the Financial Assistance, promptly upon completion of the construction of the New Plant, Darling shall commence operating the New Plant for a period of at least twenty (20) years. City’s obligation to provide the Financial Assistance shall terminate immediately upon ceasing of operations of the New Plant for three hundred sixty five (365) consecutive days (a "Plant Operation Termination"). Notwithstanding the foregoing, any cessation of operations of the New Plant that arises due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; subsurface conditions on the New Site and unknown soils conditions; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of a public or agency or entity, or any other causes beyond the reasonable control or without the fault of Darling, shall not be taken into account in determining the existence of a Plant Operation Termination. D. (§ 804) Covenants Run with Land; Effect of Covenants. 1. Covenants Run with the Land. (a) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Disposition Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the New Site, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure Disposition Agreement Page 29 of 38 Pages to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. (b) All of the provisions of this Disposition Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. (c) Each covenant to do or refrain from doing some act on the New Site hereunder: (i) is for the benefit of and is a burden upon every portion of the New Site; (ii) runs with such lands; and, (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such lands, or any portion thereof, and each other person succeeding to an interest in such lands. (d) City's obligations to provide the Financial Assistance shall not merge into the Grant Deed to be delivered at the Close of Escrow. 2. Beneficiary and Third Party Beneficiary. The covenants in favor of City shall run with the land without regard to whether City has been, remains or is an owner of any land or interest in the vicinity of the New Site. City shall have the right, if any of the covenants set forth in this Disposition Agreement which are provid ed for its benefit are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it may be entitled. No other person or entity shall have any right to enforce the terms of this Disposition Agreement under a theory of third-party beneficiary or otherwise. The covenants running with the land and their duration are set forth in the Deed. E. (§ 805) Obligation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the New Site, or any portion thereof, nor shall Darling, or any person claiming under or through Darling, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the New Site or any portion thereof. The nondiscrimination and non-segregation covenants contained herein and set forth in the Deed shall remain in effect in perpetuity. F. (§806) Form of Nondiscrimination and Non-Segregation Clauses. Darling shall refrain from restricting the rental, sale, or lease of any portion of the New Site on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: 1. Deeds. In Deeds the following language shall appear: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or Disposition Agreement Page 30 of 38 Pages ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee, or any persons claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. Leases. In Leases the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee, or any person claiming under or through him or her, establish or permit any such practice or practices, of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. Contracts. Any contracts which Darling or, Darling’s heirs, executors, administrators, or assigns propose to enter into for the sale, transfer, or leasing of the New Site shall contain a nondiscrimination and non-segregation clause substantially as set forth in this Section. Such clause shall bind the contracting party and subcontracting party or transferee under the instrument. G. (§ 807) Maintenance of New Plant & Improvements. Darling covenants and agrees for itself, its successors and assigns, that, after issuance of the Certificate of Completion and Satisfaction pursuant to this Disposition Agreement, Darling shall be responsible for maintenance of the New Plant and all improvements on the New Site from time to time (including without limitation buildings, parking lots, lighting, signs, and walls), in good condition and repair, and in accordance with all requirements of the Fresno Municipal Code. IX. (§ 900) EXISTING PLANT. A. (§ 901) Cessation of Operations at Existing Plant. Within six (6) months of the later to occur of:(i) City’s issuance of a certificate of occupancy for the New Plant; or, (ii) SJVAPC District issuance of SJVAPC Permits for the operation of the New Plant, Darling shall cease all further rendering operations at the Existing Plant. B. (§ 902) Decommissioning of Existing Plant. Within six (6) months from the ceasing of rendering operations at the Existing Plant as required by Section 901, Darling shall, at Darling’s sole cost and expense and subject to obtaining all applicable permits, have removed all silos and equipment from the Darling Property in accordance with all applicable laws and ordinances. Notwithstanding the foregoing, to the extent that portable structures are classified as “equipment” rather than a structure, such items may remain on the Darling Property together with buildings. Based on Darling’s representations and warranties in Section 903, City is not imposing additional environmental site evaluations as part of the decommissioning activities. Disposition Agreement Page 31 of 38 Pages C. (§ 903) Representations and Warranties Regarding Darling Property. Darling represents and warranties to City that as of each of the Effective Date, the Closing Date, the date that the Existing Plant ceases operations and the date that the Existing Plant is decommissioned as set forth in Section 902, there are no known conditions on the Darling Property that constitute human health risks. The representation and warranty in this Section 903 does not limit any liability for Darling regarding the Darling Property and that certain letter dated December 11, 2011 from the United States Environmental Protection Agency to Oliver Baines as Councilmember of the City of Fresno. IX-A (§ 904) DARLING OPTION RIGHTS FOR ADJACENT ACREAGE. At the Closing, City shall grant Darling an option to purchase up to 20 acres of the adjoining site as depicted in Attachment No. 5 (“Option Site”), expiring on December 31, 2022 at 11:59 p.m. (“Option Term”) for the purchase price of $22,000 per acre, which is the appraised value. Concurrent with the Closing, the City and Darling shall enter into an Option Agreement in the form of Attachment No. 6. Darling may exercise this option any time during the Option Term by providing written notice of such exercise and an executed Purchase and Sale Agreement in the form of Exhibit “B” to Attachment No. 6. This option is assignable to a business conducting a use related to rendering, with the written approval of the City. IX-B (§ 905) PRESERVATION OF PERMITTED USES. In the event the New Site is not transferred to Darling and operations continue at the Existing Plant, then Darling shall retain whatever rights and obligations it may currently possess with respect to the Existing Plant, irrespective of the approval of an applicable Specific Plan or rezoning to implement such Specific Plan; however, if Darling seeks to expand operations at the Existing Plant, the expansion will be processed consistent with the procedure in place prior to the adoption of the South West Specific Plan and any rezoning to implement the South West Specific Plan. This provision shall survive termination of the Agreement should Darling not relocate; however, if Darling does relocate pursuant to this Agreement, then this provision shall be of no effect. Darling may, by a written election delivered to the City, waive the provisions of the foregoing and elect to be governed by subsequent land use designations or zonings adopted by the City. X. (§ 1000) DEFAULTS, REMEDIES, TERMINATION, AND LITIGATION. A. (§ 1001) Defaults, Right to Cure and Waivers. Subject to any Enforced Delay, failure or delay by either party to timely perform any covenant of this Disposition Agreement constitutes a default under this Disposition Agreement, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a written notice specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise provided in this Disposition Agreement, waiver by a party of the performance of any covenant, condition, or promise, shall not invalidate this Disposition Disposition Agreement Page 32 of 38 Pages Agreement, nor shall it be considered a waiver of any other covenant, condition, or promise. Waiver by a party of the time for performing any act shall not constitute a waiver of time for preforming any other act or an identical act required to be performed at a later time. The delay or forbearance by a party in exercising any remedy or right as to any default shall not operate as a waiver of any default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. B. (§ 1002) Legal Actions. 1. Institution of Legal Actions. In addition to any other rights or remedies, and subject to the requirements of Section 701, a party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Disposition Agreement. Legal actions must be instituted and maintained in the Superior Court of the County of Fresno, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California. 2. Applicable Law and Forum. The internal laws of the State of California shall govern the interpretation and enforcement of this Disposition Agreement, without regard to conflict of law principles. 3. Acceptance of Service of Process. In the event that any legal action is commenced by Darling against City, service of process on City shall be made by personal service upon the City Manager or City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Darling, service of process on Darling shall be made in such manner as may be provided by law. C. (§ 1003) Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Disposition Agreement, the rights and remedies of the parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party. D. (§ 1004) Waiver. Except as otherwise provided in this Disposition Agreement, waiver by a party of the performance of any covenant, condition, or promise shall not invalidate this Disposition Agreement, nor shall it be considered a waiver of any other covenant, condition, or promise. Waiver by a party of the time for performing any act shall not constitute a waiver of time for performing any other act or an identical act required to be performed at a later time. The delay or forbearance by a party in exercising any remedy or right as to any default shall not operate as a waiver of any default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. Disposition Agreement Page 33 of 38 Pages E. (§ 1005) Specific Performance. In addition to any other remedies permitted by this Disposition Agreement, if a party defaults hereunder by failing to perform any of its obligations herein, that party agrees that the other party shall be entitled to the judicial remedy of specific performance, and each party agrees (subject to its reserved right to contest whether in fact a default does exist) not to challenge or contest the appropriateness of such remedy. In this regard, Darling specifically acknowledges that City and Agency are entering into this Disposition Agreement for the purpose of assisting in the termination of rendering activities at the Existing Plant and not for the purpose of enabling Darling to speculate with land. F. (§ 1006) Right of Reverter. City shall have the right, at its option, to reenter and take possession of the respective portion of the New Site which it conveyed, with all improvements thereon (other than equipment) and to terminate and re-vest in City the estate it conveyed to Darling if, after Closing and prior to the recordation of the Certificate of Completion and Satisfaction, Darling (or its successors in interest) shall: 1. Fail to commence construction of the improvements as required by this Disposition Agreement for a period of ninety (90) days after written notice to proceed from City, provided that Darling shall not have obtained an extension or postponement to which Darling may be entitled pursuant to this Disposition Agreement; or 2. Abandon or substantially suspend construction of the improvements for a period of ninety (90) days after written notice of such abandonment or suspension from City, provided that Darling shall not have obtained an extension of time to which Darling may be entitled pursuant to this Disposition Agreement; or 3. Assign or attempt to assign this Disposition Agreement, or any rights herein, or transfer, or suffer any involuntary transfer of, the New Site, or any part thereof, in violation of this Disposition Agreement, and such violation shall not be cured within thirty (30) days after the date of receipt of written notice thereof by City to Darling. This right of reverter shall be interpreted liberally in order to protect City’s contribution of financial assistance to Darling which was made as material consideration for Grantee constructing the New Plant and terminating rendering operations at the Existing Plant as set forth in this Disposition Agreement. In the event of a sale of the property pursuant to the foregoing, the proceeds thereof shall be applied as follows: (a) First, to reimburse City for all costs and expenses incurred by City, including but not limited to, legal costs and attorneys’ fees, and all other contractual expenses in connection with the recapture, management, and sale of the New Site; all unpaid liabilities for taxes, assessments and water and sewer charges with respect to the New Site; any payments made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred with respect to the making or completion of the agreed improvements or any part thereof on the New Site or part thereof; and amounts otherwise owing City by Darling, its successors, or transferees; and, Disposition Agreement Page 34 of 38 Pages (b) Second, to reimburse Darling, its successor or transferee, up to the amount equal to: (i) the sum equal to the fair market value of the New Site; (ii) the costs incurred for the development of the New Site and for the agreed improvements existing on the New Site at the time of the re-entry and repossession; less, (iii) any gains or income withdrawn or made by Darling from the New Site or the improvements thereon. (c) Any balance remaining after such reimbursements shall be retained by City, as applicable, as its property. The rights established in this Section are to be interpreted in light of the fact that City is contributing the New Site to Darling for development and not for speculation in undeveloped land. The Right of Reverter shall automatically terminate upon the recordation of the Certificate of Compliance. G. (§ 1007) Attorney’s Fees. If a party to this Disposition Agreement is required to initiate or defend any action or proceeding in any way arising out of the parties’ agreement to, or performance of this Disposition Agreement, or is made a party to any action or proceeding by Escrow Agent or other third party, such that the parties hereto are adversarial, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees from the other. As used herein, the "prevailing party" shall be the party determined as such by a court of law pursuant to the definition in Code of Civil Procedure Section 1032(a)(4), as it may be subsequently amended. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. XI. (§ 1100) GENERAL PROVISIONS. A. (§ 1101) Notices, Demands and Communications between the Parties. Except as expressly provided to the contrary herein, any notice, consent, report, demand, document or other such item to be given, delivered, furnished or received hereunder shall be deemed given, delivered, furnished, and received when given in writing and personally delivered to an authorized agent of the applicable party, or upon delivery by the United States Postal Service, first-class registered or certified mail, postage prepaid, return receipt requested, or by a national "overnight courier" such as Federal Express, at the time of delivery shown upon such receipt; in either case, delivered to the address, addresses and persons as each party may from time to time by written notice designate to the other and who initially are: Darling: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Disposition Agreement Page 35 of 38 Pages Executive Vice President, DAR PRO U.S.A. With a copy to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary City: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Manager With copy to: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Attorney B. (§ 1102) Non-Liability of City Officials and Employees; Conflicts of Interest; Commissions. 1. Personal Liability. No member, official, employee, agent or contractor of City shall be personally liable to Darling in the event of any default or breach by City or for any amount which may become due to Darling or on any obligations under the terms of the Disposition Agreement; provided, it is understood that nothing in this Section 802 is intended to limit City’s liability. 2. Conflict of Interest, Warranty, and Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Disposition Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Disposition Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statue or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interest found to be "remote" or non "interest" pursuant to California Government Code Sections 1091 and 1091.5. Darling warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Disposition Agreement. Darling further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Darling is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Disposition Agreement void and of no force or effect. Disposition Agreement Page 36 of 38 Pages 3. Commissions. City and Darling represent and warrant to the other that it has not retained any broker or finder or paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Disposition Agreement. A party shall not be liable for any real estate commissions, brokerage fees or finders’ fees which may arise from this Disposition Agreement, and each party agrees to hold the other parties harmless from any claim by any broker, agent, or finder retained by such party. C. (§ 1103) Enforced Delay: Extension of Times of Performance. Time is of the essence in the performance of this Disposition Agreement. Notwithstanding the foregoing, in addition to specific provisions of this Disposition Agreement, performance by a party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; subsurface conditions on the New Site and unknown soils conditions; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of a public or agency or entity (except that acts or the failure to act of the agency shall not excuse performance by the agency); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. In the event of such a delay (herein "Enforced Delay"), the party delayed shall continue to exercise reasonable diligence to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the enforced delay, and shall commence to run from the time of the commencement of the cause, provided notice by the party claiming such extension is sent to the other parties within ten (10) days of the commencement of the cause. Failure to provide such notice shall constitute a waiver of the claim. Times of performance under this Disposition Agreement may also be extended by mutual written agreement by City and Darling. The City Manager of City shall have the authority on behalf of City to approve extensions of time not to exceed a cumulative total of one hundred eighty (180) days with respect to the development of the New Site. D. (§ 1104) Books and Records. 1. Darling to Keep Records. Darling shall prepare and maintain all books, records and reports necessary to substantiate Darling’s compliance with the terms of this Disposition Agreement or reasonably required by City. 2. Right to Inspect. A party shall have the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of another party pertaining to the New Site as pertinent to the purposes of this Disposition Agreement. 3. Ownership of Documents. Copies of all drawings, specifications, reports, records, documents and other materials pertaining to the condition of the New Site prepared by Darling, its employees, agents and Disposition Agreement Page 37 of 38 Pages subcontractors, in the performance of this Disposition Agreement, which docum ents are in the possession of Darling and are not confidential shall be delivered to City upon request in the event of a termination of this Disposition Agreement, and Darling shall have no claim for additional compensation as a result of the exercise by City of its rights hereunder. City shall have an unrestricted right to use such documents and materials as if it were in all respects the owner of the same, provided, however, that: (i) City shall have no rights of reliance thereon; and, (ii) Darling makes no warranty or representation regarding the completeness, accuracy or sufficiency of such documents, and Darling shall have no liability therefor or in connection therewith. Notwithstanding the foregoing, City shall not have any right to sell, license, convey or transfer the documents and materials to any third party, or to use the documents and materials for any other site, except in the case of a termination of this Disposition Agreement due to default of Darling. E. (§ 1105) Assurances to Act in Good Faith. City and Darling agree to execute all documents and instruments and to take all action, including deposit of funds in addition to such funds as may be specifically provided for herein, and as may be reasonably required in order to consummate conveyance and development of the New Site as herein contemplated, and shall use their commercially reasonable efforts, to accomplish the Closing and subsequent development of the New Site in accordance with the provisions hereof. City and Darling shall each diligently and in good faith pursue the satisfaction of any conditions or contingencies subject to their approval. F. (§ 1106) Interpretation. The terms of this Disposition Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against a party by reason of the authorship of this Disposition Agreement or any other rule of construction which might otherwise apply. The section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Disposition Agreement. This Disposition Agreement includes all attachments attached hereto, which are by this reference incorporated in this Disposition Agreement in their entirety. This Disposition Agreement also includes the Redevelopment Plan and any other documents incorporated herein by reference, as though fully set forth herein. G. (§ 1107) Entire Agreement, Waivers and Amendments. This Disposition Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and this Disposition Agreement supersedes all negotiations and previous agreements among the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Disposition Agreement, unless specified otherwise herein, must be in writing and signed by the appropriate authorities of City or Darling, as applicable, and all amendments hereto must be in writing and signed by the appropriate authorities of City and Darling. H. (§ 1108) Severability. In the event any term, covenant, condition, provision or agreement contained herein is held to be invalid, void or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any term, covenant, condition, provision or agreement contained herein. Disposition Agreement Page 38 of 38 Pages I. (§ 1109) Time for Acceptance of Disposition Agreement. This Disposition Agreement, when executed by Darling and delivered to City, must be authorized, executed and delivered by City not later than the time set forth in the Schedule of Performance or this Disposition Agreement shall be void, except to the extent that Darling shall consent in writing to further extensions of time for the authorization, execution, and delivery of this Disposition Agreement. After execution by Darling, this Disposition Agreement shall be considered an irrevocable offer until such time as such offer shall become void due to the failure of City to authorize, execute and deliver the Disposition Agreement in accordance with this Section. [END OF DISPOSITION AGREEMENT] Development Agreement Page 1 of 17 Pages PART II DEVELOPMENT AGREEMENT RECITALS A. Legal Authority. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the Government Code ("Development Agreement Law"). Pursuant to the Development Agreement Law, City is authorized to enter into a binding development agreements having a legal or equitable interest in real property for the development of the real property. As a charter City, while City i s not limited to the Development Agreement Law to enter into development agreements, City has elected to enter this Development Agreement under the Development Agreement Law and in accordance with the Fresno Municipal Code Sections 15-6001 et seq. B. Development Approvals. City has issued certain applicable development approvals affecting the New Site pursuant to the Disposition Agreement including the following (“Development Approvals”): 1. A general plan amendment (“General Plan Amendment”), 2. This Development Agreement (“DA Application”). 3. A zoning designation change (“Rezone Application”). 4. CEQA approval as specified in the Disposition Agreement (“CEQA”). C. Certainty Desired. Darling desires to carry out the Project and the development of the New Site for the New Plant in accordance with the Disposition Agreement and Development Approvals. The complexity, magnitude and build-out of the Project would be difficult for Darling to undertake if City had not determined, through this Development Agreement, to inject a sufficient degree of certainty in the land use regulatory process to justify the substantial financial investment associated with development of the New Site. In order to obtain the tax and other benefits the development of the New Site will provide and to assure that the impacts of the project will be adequately addressed, City desires certainty as to the scope of development, including the design standards, and in particular that needed infrastructure, facilities and services related to the Project will be provided in a timely fashion. Darling desires certainty regarding the type and amount of development fees and exactions that it will be charged by City and to define the desig n review and permitting process. Both parties desire to determine which party will be responsible for particular infrastructure improvements, including financing of the public facilities and improvements, and the timeline for constructing these improvements. As a result of the execution of this Development Agreement, both parties can be assured that the development of the New Site can proceed without disruption caused by a change in City planning and development policies and requirements. D. Subsequent Development Approvals. In addition to the Development Approvals, the development of the New Site will require certain additional future land use and construction approvals from City to implement the Development Approvals ("Subsequent Development Approvals"). The Subsequent Development Approvals include, but are not limited to, the following: Development Agreement Page 2 of 17 Pages 1. A Conditional Use Permit (“CUP”) pursuant FMC section 15-5301 et. seq. to operate a rendering facility as required by Fresno Municipal Code 15-1302 on the New Site. 2. A Development Permit (“Development Permit”) pursuant to FMC section 15-5201 et. seq. E. Consistent with General Plan and Specific Plan. City hereby finds and determines that execution of this Development Agreement is in the best interests of the public health, safety and general welfare and is consistent with the General Plan and the Specific Plan. F. City Determinations. The City Council has determined this Development Agreement furthers the public health, safety, and general welfare, and the provisions of this Agreement are consistent with the goals and policies of the Fresno General Plan. For the reasons recited herein, City and Darling have determined the Darling Project is a development for which this Development Agreement is appropriate and will eliminate uncertainty regarding the Darling Project and certain subsequent development approvals. This Development Agreement and the Darling Project: (1) will provide for the development of unused land; (2) result in the ceasing of operation of the Existing Plant; (3) allow the Darling rendering operation to continue to operate on the New Site which is in a more suitable location away from residential areas and will keep jobs within the City; (4) provide appropriate infrastructure improvements; (5) meet the goals of the Fresno General Plan; and (6) facilitate the settlement of the resolution of the Litigation. It is based upon these benefits to City that the City is agreeable to proceeding with the Darling Development Approvals and CEQA to facilitate the Darling Project. G. Voluntary Agreement. This Development Agreement is voluntarily entered into by Darling in order to implement the General Plan and the Specific Plan and in consideration of the rights conferred and the procedures specified herein for the development of the New Site. This Development Agreement is voluntarily entered into by City in the exercise of its legislative discretion in order to implement the General Plan and the Specific Plan and in consideration of the agreements and undertakings of Darling under this Development Agreement. H. Survival of Agreement. This Agreement shall survive beyond the term of the present City Council. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Darling agree as follows: ARTICLE 1 GENERAL PROVISIONS 100. Property Description and Binding Covenants. The New Site is that certain real property described on Attachment No. 3. Darling represents that it has an equitable interest in the New Site pursuant to the Disposition Agreement. This Development Agreement is a covenant which shall run with the New Site, and the burdens and benefits hereof shall bind and inure to all successors in interest. 101. Vested Rights. Darling shall have a vested right to develop the New Plant on the New Site for the period this Development Agreement is in effect in accordance with the Development Approvals, Subsequent Development Approvals, the provisions of this Development Agreement and Applicable Rules, (as defined in Section 102). Pursuant to the Disposition Agreement, the parties have negotiated and agreed upon the impact fees, dedications, and exactions. The parties intend that these shall be the only impact fees, dedications, and exactions applicable to the Development Agreement Page 3 of 17 Pages development of the New Site. The amounts of the impact or entitlement/permit processing fees shall be only those provided in the Disposition Agreement. Darling shall be exempt from any new development impact fees that City may adopt in the future for facilities, permits or impacts not currently covered by existing fees or existing development impact fees. To the extent not otherwise provided in this Development Agreement, the conditions of approval and mitigation measures in the Development Approvals related to dedications and reservation of easements are intended to meet the requirements of Government Code Section 65865.2 related to a development agreement providing a provision for the reservation or dedication of land for a public purpose. Darling understands and covenants to comply with all conditions specified in the respective Development Approvals to prevent violation of any of the Development Approvals. 102. Rules, Regulations and Official Policies. 102.1 Applicable Rules, Regulations and Official Policies. For the term of this Development Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, density, design, improvement and construction standards and specifications applicable to the development of the New Site shall be the Applicable Rules as defined in this Section 102.1. The Applicable Rules are defined as those rules, regulations, and official policies set forth in: (i) the Development Approvals; (ii) this Development Agreement (including Exhibits); and, (iii) with respect to matters not addressed by these documents, those plans, codes, rules regulations, official policies, standards and specifications in force on the Effective Date, to the extent not inconsistent with the Development Approvals and this Development Agreement. The Applicable Rules shall also include any subsequent Development Approvals granted as of the date of their effect and any changes in the General Plan and Specif ic Plan, Fresno Municipal Code or any future rules, ordinances, regulations or policies adopted by City which are made applicable by the provisions of Section 102.2. Except as otherwise provided in this Development Agreement, to the extent any future changes in the General Plan and Specific Plan, Fresno Municipal Code or any future rules, ordinances, regulations or policies adopted by City purport to be applicable to the development of the New Site but are inconsistent with the terms and conditions of this Development Agreement, the terms of this Development Agreement shall prevail, unless the parties mutually agree to amend or modify this Development Agreement pursuant to Section 700. To the extent not otherwise provided in this Development Agreement, the requirements of the Applicable Rules shall fulfill the requirements of Government Code Section 65865.2 related to the agreement specifying allowed uses, allowed density and intensity of uses and maximum height and size of proposed buildings. 102.2. Changes in State or Federal Law . This Section shall not preclude the application to the development of the New Site of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required to be applied to the New Site by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the date of this Development Agreement, or action by any governmental jurisdiction other than City, prevent or preclude compliance with one or more provisions of this Development Agreement or require changes in plans, maps or permits approved by City, then the parties shall meet and confer in good faith to determine the feasibility of modifying, extending or suspending one or more provisions of this Development Agreement as may be necessary to comply with such state or Development Agreement Page 4 of 17 Pages federal laws or regulations or the regulations of such other governmental jurisdiction. In any such meeting, Darling carries the burden, in the first instance, to provide options to City that demonstrate the feasibility of modifying, extending or suspending the Agreement in part. Darling is required to provide all engineering and analyses to support its position that meet industry and City standards. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the New Site, City shall not in any manner be liable for any such prevention, delay or modification of said development. Darling is required, at its cost and without cost to or obligation on the part of City, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including City, required by federal or state agencies). 103. City's Reservation of Authority. The parties acknowledge that the intent of the parties is that this Development Agreement be construed in a manner that protects the vested rights granted to Darling herein to the maximum extent allowed by law. The parties further acknowledge and agree, however, that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Development Agreement are intended to reserve to City all of its police power and/or statutory or other legal powers or resp onsibilities that cannot be so limited. This Development Agreement shall be construed to reserve to City all such power and authority which cannot be restricted by contract, including compliance with CEQA. Nor shall this Development Agreement be construed to limit the authority or obligation of City to hold necessary public hearings, to limit the discretion of City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by City or any of its officers or officials in a manner not inconsistent with this Agreement. 104. Term; Recordation. The term of this Development Agreement shall commence upon the Effective Date and shall extend for a period of thirty (30) years. Thereafter, unless said term is modified or extended by circumstances set forth in this Development Agreement or by mutual consent of the parties, subject to the provisions of Section 700 hereof, upon expiration of said term, this Development Agreement shall be deemed terminated and of no further force and effect and the parties shall, upon request of City, execute an appropriate certificate of termination which shall be recorded in the Official Records of the County of Fresno, subject, however, to the pr ovisions of Section 307 hereof. In the event that any litigation is commenced by any third party challenging the Development Approvals, the term of this Development Agreement shall be extended for the period involved in achieving final resolution of such litigation. 105. Sale or Assignment; Release. This Development Agreement, its rights, duties or obligations may be assigned, sold, exchanged or transferred, in whole or in part, in connection with a transfer by Darling of the New Site, subject to the following conditions: 105.1 Except as set forth in subsection 105.2, a sale, transfer or assignment of all or a portion of Darling's interest in this Development Agreement shall not require the approval of City provided that (i) any proposed assignee or transferee also obtains title to the New Site and agrees to assume and be bound by all applicable duties, obligations and covenants of Darling under this Development Agreement and the Disposition Agreement; and, (ii) Darling affirms its commitment to terminate Prohibited Operations at the Existing Plant (or has otherwise already terminated such operations and recorded the Covenant Agreement defined in the Disposition Agreement). The assumption must be set forth in an assumption agreement in a form reasonably accept able to and approved in writing by City. Development Agreement Page 5 of 17 Pages 105.2 Darling shall reimburse City for its legal and administrative costs to review the assignment and provide notice and interpretations to the assignee. Upon such assignment and assumption Darling shall be released from Darling’s obligations hereunder with respect to the transfer of the New Site and provided that Darling remains obligated to terminate Prohibited Operations at the Existing Plant. Darling shall have the right to designate any successor as Darling (“Successor Developer”) if Darling no longer retains any interest in the New Site so long as the Successor Developer assumes all Darling’s responsibilities. 105.3 If Darling transfers the New Site and assigns this Development Agreement in violation of the terms of this Section, City may terminate the Agre ement at its discretion with fifteen (15) days written notice. ARTICLE 2 DEVELOPMENT OF THE NEW SITE 200. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Development Agreement, Darling shall develop the New Site for the uses in accordance with the Disposition Agreement and the Applicable Rules as set forth in Section 102.1 of this Development Agreement. 201. Approvals. 201.1 Processing Subsequent Development Approvals. 201.1.1 Timely Submittals by Darling. Darling acknowledges that City cannot begin processing Subsequent Development Approvals until Darling submits complete applications. Darling shall use its best efforts to: (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and, (ii) cause Darling's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other required materials as set forth in the Applicable Rules. Darling shall use all reasonable efforts to submit or cause to be submitted documents, applications, plans and other information necessary for City to carry out its obligations hereunder that are in a final form, not subject to unreasonable changes by Darling and that comply with this Development Agreement and all Applicable Rules. 201.1.2 Timely Processing by City. Upon submission by Darling of all appropriate applications and applicable processing fees for any Subsequent Development Approval, City shall expeditiously commence and complete all steps necessary to act on Darling's Subsequent Development Approval applications. City reserves the right to reject any incomplete non- conforming submittals, subject to its obligations to provide comments pursuant to Section 404(5) of the Disposition Agreement. 201.1.3 Effect of Legal Proceedings. Notwithstanding any pending administrative or judicial proceedings, initiative or referendum concerning the Development Approvals or Subsequent Development Approvals, and provided that such actions by City or Darling are not proscribed by law or court order, City shall process Darling's applications for Subsequent Development Approvals as provided for herein to the fullest extent allowed by law and Darling may proceed with development pursuant to the Development Approvals or Subsequent Development Approvals to the fullest extent allowed by law. 201.2 Certificates of Occupancy. Subject to any requirements in this Development Agreement for issuance of certificates of occupancy, City shall use all reasonable efforts to diligently and promptly provide a certificate of occupancy for any portion of the New Site when Development Agreement Page 6 of 17 Pages applied for by Darling and upon completion of all necessary requirements to obtain a certificate of occupancy. 201.3 Non-Development Entitlement Plan Review. Nothing provided in this Section 201 is intended to include the submission and review by City of plans for off-site improvement including, but not limited to, constructions plans for streets, sewer lines, and traffic signals. Review of off-site improvements shall be pursuant to the existing adopted City policies, ordinances and standards including payment of any required fees (some of which shall be City’s responsibility as specified in the Disposition Agreement.) 202. Improvements and Public Facilities. 202.1 Financing and Construction. Except as set forth in the Disposition Agreement, Darling is responsible for financing and constructing the on-site improvements (whether private or public) and public facilities in conjunction with the development of the New Site, all as set forth in the mitigation measures of the MND for the Project and the Development Approvals: 202.1.1 On-Site Improvements. For purposes of this Development Agreement, the term “on-site improvements” shall mean only those improvements developed on the New Site, and which are to be dedicated to the ownership of the City. Except for any on-site improvements required to be constructed by City pursuant to the Disposition Agreement, Darling shall provide to City a list of on-site improvements that constitute public works of improvement and shall pay prevailing wages for labor required to construct those improvements on that list, to the extent required under the Labor Code, Sections 1720, 1721 and any other applicable provisions related to the payment of prevailing wages. Darling shall provide a public utility easements or equivalent easements to be granted to City to support any on-site improvements. 202.1.2 Off-Site Improvements. For purposes of this Development Agreement, the term “off-site improvements” shall mean only those off-site improvements applicable to the Project which are not the specific responsibility of City pursuant to the Disposition Agreement. Darling will construct all off-site improvements required for the New Plant pursuant to the Approved Plans as specified in the Disposition Agreement. Darling acknowledges that off-site improvements constitute public works of improvement and are, therefore, subject to the requirements of California Labor Code, Sections 1720, 1721 and any other applicable provisions related to the payment of prevailing wages. Darling shall provide payment and performance security for the construction of the off-site improvements. The type and amount of the payment and performance security shall be as set forth in Fresno Municipal Code, Section 12-1016, entitled “Improvement Security”. 202.1.3 Financing of Off-Site Improvements. Darling is responsible for financing the construction of the off-site improvements. Darling will receive reimbursements and credits from City from appropriate fee programs for off-site improvements to the extent that they are expressly provided for in the Applicable Rules or in this Development Agreement. 202.2 Community Facilities District. Darling may request and City shall use its good faith efforts to form a community facilities district(s) ("CFD") or to include the New Site in an existing CFD, for the purpose of funding all or a portion of the off-site improvements which are to be dedicated to City, including without limitation, design, acquisition and construction costs, and public facility maintenance costs or public services. Upon request from Darling, City shall diligently and expeditiously initiate CFD proceedings utilizing the special tax mechanisms authorized under the law of the State of California or the Fresno Municipal Code where the pr operty subject to special taxes provides primary security for payment of the special taxes, provided, however, any Development Agreement Page 7 of 17 Pages such CFD shall be in conformance with City policies regarding land-based financing. City's obligations under this section are contingent upon Darling providing adequate security to cover the costs of formation of the district and issuance of the bonds and upon Darling providing the information or documents within Darling's control which are necessary to form the district and issue the bonds (e.g., the list of infrastructure intended to be funded by the District and the area to be included in the District.) Darling may recover costs of formation and issuance from bond proceeds to the extent permitted by law. Nothing provided herein is intended to create a legal duty of City to form a CFD. 202.3 Public Works Development Standards; Specifications. In completing the construction of the on-site and off-site improvements, Darling shall comply with: (a) the conditions and terms of the Development Approvals and Subsequent Development Approvals; (b) all approved construction plans; (c) all applicable laws, ordinances, and resolutions in effect at the time of construction; and, (d) the construction standards applicable to the Project contained in City's Standard Specifications in effect at the time of construction applicable to the Project. If City does not have standard specifications for any particular construction to be performed but appropriate standards are available from the State of California, Department of Transportation (Caltrans), then, Darling will complete construction in accordance with such standards and specifications. City Engineer may inspect all construction and materials. 202.4 Completion and Acceptance of Public Facilities. Final written acceptance of any on-site and off-site improvements to be offered for dedication to City and to be maintained by City thereafter will constitute a finding that the improvements comply with the applicable plans and specifications. Individual on-site improvements and off-site improvements may be separately bonded by Darling. City may not unreasonably condition, delay or withhold acceptance of off-site improvements based upon the completion of on-site improvements. The determination of when certain on-site and off-site improvements need to be completed and the amount of improvement security for said improvements shall be made between City and Darling pursuant to a written agreement the terms of which shall not be inconsistent with the terms of this Developmen t Agreement. On-site improvements and off-site improvements to be dedicated as public facilities shall be owned by City upon their completion and acceptance. 202.5 Warranty of Public Facilities. Prior to City’s acceptance of particular on-site improvements or off-site improvements, Darling shall provide a warranty for any defects (whether latent or patent) in work or material or design in the off-site improvements that occur or appear within one (1) year after the date of written acceptance to take effect as to each of those at the time of their acceptance. The warranty shall provide that City may give written notice to repair or correct any defect within (7) seven calendar days of notice, occurring or appearing within one year, and Darling and/or its warrantor will repair or correct the defect without additional cost to City. After a failure of the on-site improvement or off-site improvements requiring an emergency repair by City crews, Darling or its warrantor shall reimburse all reasonable costs for labor and materials within forty-five (45) days of invoice. Failure to repair or correct any defect may result in an offset to, or suspension of, reimbursements, if any, or may be considered a default of this Development Agreement, until the repair or correction is completed to the reasonable satisfaction of City. Darling shall include City as a named beneficiary to any subcontract for or warranty of the public facilities. Furthermore, Prior to City acceptance of on-site or off-site improvements, Darling shall provide Warranty Security of the type and in the amounts set forth in Fresno Municipal Code, Section 12- 1016. This subsection will survive termination of this Development Agreement. 203. Dedications and Other Exactions. Darling shall be responsible for only those dedications and other exactions provided in the Development Approvals which are not otherwise to be the specific responsibility of City pursuant to the Disposition Agreement. Development Agreement Page 8 of 17 Pages 204. Impact Fees; Reimbursements and Credits. Darling shall be responsible for paying only those fees provided in the Development Approvals. Darling shall be eligible for reimbursements and credits for the off-site improvements required under Section 202.1.3 as provided in Section 101. Notwithstanding the above, Darling shall be responsible for paying any fees City collects for other agencies pursuant to: (i) State or Federal law; or, (ii) any City agreements or City ordinances adopted or entered into to comply with State or Federal law or judgment of a court of law. 204. Conditions to and Formula for Reimbursement for Off-Site Improvements. Reimbursement and/or credits that Darling is expressly allowed for off-site improvements shall be given from appropriate fee programs as provided in the Fresno Municipal Code and/or adopted City policies for those fee programs as they exist at the time the reimbursement and/or credit is sought, but to no lesser degree than provided as of the Effective Date. 205. Books and Records. Darling shall establish and maintain throughout the term of this Development Agreement, and for a four (4) year period following the date of the last reimbursement of an off-site improvement, records and accounts on the New Site and its development, in accordance with normal business practices. At the times and in the forms as City may reasonably request, Darling shall furnish City with statements, records, reports, data and information related to the costs to be reimbursed for off-site improvements. 206. Project Timing. Promptly upon Darling acquiring the New Site pursuant to the Disposition Agreement, Darling shall promptly commence and diligently construct the New Plant in accordance with the Development Approvals. 207. Amendments to Development Approvals. The parties acknowledge that development of the New Site may require amendments to Development Approvals or Subsequent Development Approvals which shall be processed as follows: 207.1 Administrative Amendments (Minor Amendments). Upon the written request of Darling for an amendment or modification to a Development Approval or Subsequent Development Approval, the Planning Director or his/her designee shall determine: (i) whether the requested amendment or modification is minor; and, (ii) whether the requested amendment or modification is consistent with the Applicable Rules. If the Planning Director or his/her designee finds that the proposed amendment or modification is minor, consistent with the Applicable Rules, and is not subject to further environmental review under CEQA (See CEQA Guidelines §§ 15162, 15163), the amendment shall be determined to be an "Administrative Amendment" or a “Minor Amendment” and the Planning Director or his/her designee may approve, or may approve with appropriate conditions, the Administrative Amendment consistent with City's procedures for minor revisions and/or amendments to special permits, including any requirements for notice, public hearing, and appeal rights. The determination of whether a requested amendment or modification is an Administrative Amendment shall be within the reasonable discretion of the Planning Director. Notwithstanding the foregoing provision, if the Director determines that an amendment has the potential to affect a facility under the responsibility of another City department, the Director shall refer the amendment to the Director of the affected Department (and/or his or her designee) who must also concur that the amendment is a minor amendment under the terms provided in this Section. For example, if an amendment has the ability to affect traffic, the Director of Public Works (and/or his or her designee) must concur that the amendment is administrative, if an amendment has the ability to affect sewer loads, the Director of Public Utilities Department (and/or his or her designee) must concur that the amendment is administrative. Examples of amendments or modifications which may, depending on particular circumstances, be treated as Administrative Amendments, include, but are not limited to, the Development Agreement Page 9 of 17 Pages following: (1) lot line adjustments that do not result in a significant change in the lot size and that comply with the requirements of the Subdivision Map Act; (2) alterations in vehicle circulation patterns or vehicle access points which do not adversely affect capacity or service levels; (3) changes in trail alignments; (4) substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan; (5) variations in the location of structures that do not substantially alter the design concepts of the project; and (6) minor alterations in design or configuration of buildings, infrastructure or other facilities that are consistent with the Development Standards set forth in the Development Approvals; and (7) minor adjustments to the New Site legal description. Administrative Amendments are subject to a processing fee as provided in Section 101. 208.2 Material Amendments. Any request of Darling for an amendment or modification to a Development Approval or Subsequent Development Approval that is determined by the Planning Director or his/her designee (or a director of another City department under the terms in Section 208.1) to be a material amendment ("Material Amendment"), as opposed to an Administrative Amendment, shall be subject to review, consideration and action pursuant to the laws in effect at the time the Material Amendment is considered for approval. Notwithstanding any provision in the Agreement to the contrary, City may impose mitigation measures necessary to comply with CEQA for Material Amendments. Material Amendments are subject to processing fees as provided in Section 101. 208.3 Future Amendments. Any future amendment or modification to a Development Approval or Subsequent Development Approval shall be incorporated in this Development Agreement without the need to amend this Development Agreement. 209. Encumbrances and Lender's Rights. 209.1 Permitted Encumbrances. This Development Agreement shall be superior and senior to any lien placed upon the New Site. Neither entering into this Development Agreement nor a breach of this Development Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the New Site made in good faith and for value. The parties agree that this Development Agreement shall not prevent or limit any owner of an interest in the New Site from encumbering the New Site or any portion thereof with any mortgage, deed of trust or other security device (any such device, a “Mortgage”) securing financing with respect to the New Site. City acknowledges that the holder of any such mortgage, deed of trust or other security device (“Lender”) may require certain agreement interpretations and modifications and agrees, from time to time, to meet with Darling and representatives of such Lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Development Agreement and does not result in City subordinating this Development Agreement to any lien or deed of trust. As used herein the term “Lender” does not include any affiliate of or entity controlled by Darling or its owners, officers, directors, principals or members. 209.2 Lender's Rights. If Lender timely requests, in writing, receipt of notice of any event of default given under this Development Agreement to Darling or any other holder of an interest in part or all of the New Site, then City shall provide a copy of such notice to Lender within ten (10) days of sending the notice of default to Darling or other holder of an interest in part or all of the New Site. The Lender shall have the right, but not the obligation to cure the default during the remaining cure period allowed to the defaulting party under the terms of this Development Agreement. Notwithstanding anything to the contrary herein, each Lender has a period of ninety (90) days after the receipt of that notice from City to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice. If Development Agreement Page 10 of 17 Pages the event of default or the noncompliance is of a nature that can only be remedied or cured by the Lender upon obtaining possession, the Lender shall diligently seek to obtain possession through a receiver or otherwise, and shall thereafter remedy or cure the event of default or noncompliance within ninety (90) days after obtaining possession. If any event of default or noncompliance cannot, with diligence, be remedied or cured within those ninety (90) day periods, then the Lender has additional time as may be reasonably necessary, as reasonably determined by City, to remedy or cure the event of default or noncompliance if the Lender commences to cure during those ninety (90) day periods, and thereafter diligently pursues completion of that cure. Nothing in this Development Agreement permits or authorizes any Lender to undertake or continue construction or completion of any improvements comprising the Project beyond the extent necessary to conserve or protect improvements or construction already made, without first having expressly assumed Darling’s obligations under this Development Agreement in the manner specified herein and curing all defaults. The Lender shall receive a second default notice thirty (30) days before City institutes legal proceedings. 209.3 Lender Non-Liability. Any Lender who comes into possession of the New Site, or any part thereof, pursuant to foreclosure of a Mortgage or taking a deed in lieu of such foreclosure, shall take the New Site, or part thereof, subject to the terms of this Development Agreement, provided, however: (1) in no event shall such Lender be liable for any defaults or monetary obligations of Darling arising prior to acquisition of title to the New Site by such Lender; (2) no Lender has any obligation under this Development Agreement to construct or complete the construction of improvements, or to guarantee that construction or completion; and, (3) if Darling shall have defaulted under this Development Agreement before Lender takes title to the New Site or any part thereof, Lender shall enjoy the same rights and privileges with respect to such default as if (a) Lender were Darling, and (b) title were still held by Darling. Nothing in this Development Agreement shall be deemed or construed to permit or authorize Lender to devote the New Site, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Development Agreement, subject to all of the terms and conditions of this Development Agreement. The foregoing provisions shall not accrue to the benefit of a Lender who proceeds in the manner of a Subsequent Darling in developing and approving the New Site. Limiting itself to those development activities set for th in the next to last sentence of Section 209.2 shall create a presumption that a Lender has not proceeded to become a Subsequent Darling. 209.4 Estoppel Certificate. Within thirty (30) days following any written request which either City or Darling may make from time to time, the other shall sign and deliver to the requesting party a statement certifying that: (1) this Development Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Development Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are not current uncured defaults under this Development Agreement or specifying the dates and nature of any such defaults; and, (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Development Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. City’s Planning Director, or other City officer having adequate knowledge to do so, shall be authorized to execute any such statement. An estoppel certificate obtained under this section may be relied upon by transferees and Lenders. Development Agreement Page 11 of 17 Pages ARTICLE 3 DEFAULT, REMEDIES, TERMINATION 300. General Provisions. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by either party to perform any term or provision of this Development Agreement shall constitute a default. In the event of default or breach of any terms or conditions of this Development Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, the party charged with being in default shall not be considered in default for purposes of termination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party to this Development Agreement may at its option: 1. Terminate this Development Agreement, in which event neither party shall have any further rights against or liability to the other with respect to this Development Agreement or the New Site; provided, however, if portions of the New Site are held in separate ownership at the time such event of default occurs and such event of default is related only to one portion, this Development Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Development Agreement to the remainder of the New Site; or 2. Institute legal or equitable action to cure, correct or remedy any default, including, but not limited to, an action for specific performance of the terms of this Development Agreement; provided, however, that in no event shall either party be liable to the other for money damages for any default or breach of this Development Agreement. 301. Darling Default; Enforcement. No building permit shall be issued or building permit application accepted for the building shell of any structure on any portion of the New Site if the permit applicant owns or controls such portion of the New Site and if such applicant or any entity or person controlling such applicant has been found to be in default as to such portion of the New Site by City Council of City of Fresno under the terms and conditions of this Development Agreement, unless such default is cured or this Development Agreement is terminated. A default as to an owner of any portion of the New Site shall have no impact on any portion of the New Site not owned by such defaulting owner. Darling shall cause to be placed in any covenants, conditions and restrictions applicable to the New Site, or in any ground lease or conveyance thereof, an express provision for an owner of the New Site, lessee or City, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 302. Annual Review. City Manager shall, at least every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Darling with the terms and conditions of this Development Agreement (“Annual Review”). The Annual Review shall be limited in scope to compliance with the terms and conditions of this Development Agreement pursuant to California Government Code Section 65865.1. Notice of the Annual Review shall include the statement that any review may result in amendment or termination of this Development Agreement. Development Agreement Page 12 of 17 Pages The costs of notice and related costs incurred by City for the Annual Review conducted by City pursuant to this Section 302 shall be borne by Darling. City Manager shall provide thirty (30) days prior written notice of such periodic review to Darling. Such notice shall require Darling to demonstrate good faith compliance with the terms and conditions of this Development Agreement and to provide such other information as may be reasonably requested by City Manager and deemed by him to be required in order to ascertain compliance with this Development Agreement. If, following the Annual Review, City Manager is not satisfied that Darling has demonstrated good faith compliance with all the terms and conditions of this Development Agreement, City Manager may refer the matter, along with his recommendations, to City Council. Failure of City to conduct an Annual Review shall not constitute a waiver by City of its rights to otherwise enforce the provisions of this Development Agreement; nor shall Darling have or assert any defense to such enforcement by reason of any such failure to conduct an Annual Review. 303. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Development Agreement, either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, systemic financial distress, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities' enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations, litigation or similar grounds for excused performance. If written notice of such delay is given within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 304. Limitation of Legal Acts. In no event shall City, or its officers, agents or employees, be liable in damages for any breach of violation of this Development Agreement, it being expressly understood and agreed that Darling's sole legal remedy for a breach or violation of this Development Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement. 305. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Darling acknowledges and agrees that City has approved and entered into this Development Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity or meaning of this Development Agreement shall be that accorded legislative acts of City. Except as set forth herein, should any legal action be brought by a party for breach of this Development Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court. 306. Invalidity of Agreement. 1. If this Development Agreement is determined by a court to be invalid or unenforceable, this Development Agreement shall automatically terminate as of the date of final entry of judgment. Development Agreement Page 13 of 17 Pages 2. If any provision of this Development Agreement is determined by a court to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any law which becomes effective after the date of this Development Agreement and either party in good faith determines that such provision is material to its entering into this Development Agreement, either party may elect to terminate this Development Agreement as to all obligations then remaining unperformed in accordance with the procedures set forth in Section 300, subject, however, to the provisions of Section 307 hereof. 307. Effect of Termination on Darling's Obligations. Termination of this Development Agreement shall not affect Darling's obligations to comply with the General Plan and the terms and conditions of any and all land use entitlements approved with respect to the New Site prior to such termination, nor shall it affect any other covenants of Darling specified in this Development Agreement to continue after the termination of this Development Agreement. If portions of the New Site are held in separate ownership at the time of such termination, this Development Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Development Agreement to the remainder of the New Site. 308. Certificate of Compliance. If after an Annual Review based upon City’s own investigation and information provided by Darling, City finds Darling has complied in good faith with this Development Agreement, City shall issue to Darling a Certificate of Compliance certifying that Darling has so complied through the period of the applicable Annual Review. The Certificate of Compliance must be in recordable form and must contain such information as may be necessary to impart constructive notice of City’s finding. Upon issuance of the Certificate of Compliance, City is estopped from pursuing any remedy under this Development Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Compliance. Darling may record the Certificate of Compliance in the Official Records of the County of Fresno. 309. Certificate of Completion and Satisfaction. After completion of the Project, City, upon request of Darling, shall execute in recordable form and deliver to Darling a Certificate of Completion and Satisfaction in the form of Attachment No. 11, certifying that Darling has satisfied all of Darling’s obligations under this Development Agreement to the date of the certification. Upon issuance of a Certificate of Completion and Satisfaction, City is estopped from pursuing any remedy under this Development Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Completion and Satisfaction. Darling may record the Certificate of Completion and Satisfaction in the Official Records of the County of Fresno. ARTICLE 4 INDEMNITY; INSURANCE 400. Indemnity/Insurance. 400.1 Indemnification. To the furthest extent allowed by law, Darling shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Darling or any other person, for any and all claims, demands and actions in law or equity (including attorney's f ees and litigation expenses), arising or alleged to have arisen directly Development Agreement Page 14 of 17 Pages or indirectly out of Darling's performance of this Development Agreement or the performance of any or all work on on-site improvements or off-site improvements to be done by Darling pursuant to this Development Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance unless and until the facility is dedicated to and officially accepted by City and compliance with prevailing wages laws to the extent applicable). Darling’s obligations under the preceding provisions include any claims related to or arising out of Darling’s claim of a right to exclude public utilities from private streets. Darling's obligations under the preceding sentence shall apply regardless of whether Darling or any of its officers, officials, employees or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Darling should subcontract all or any portion of the services to be performed under this Development Agreement, Darling shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. To the furthest extent allowed by law, the City shall indemnify, hold harmless and defend Darling and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Darling or any other person, for any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers, and arising or alleged to have arisen directly or indirectly out of City's performance of this Development Agreement or the performance of any or all work to be done on on-site improvements or off-site improvements to be done by the City pursuant to this Development Agreement. In addition, City shall be responsible for all costs associated with all CEQA compliances required to attain approval of the Development Agreement, the Disposition Agreement, and the Entitlements, including the costs of defending any legal challenges to such CEQA compliance. City will indemnify Darling for the costs of any litigation that Darli ng may be required to participate in, as a Real Party In Interest, with respect to such matters. 400.2 Insurance. In the event Darling undertakes construction of any off-site improvements, it shall procure and maintain (or cause to be procured and maintained), at its sole cost and expense, in a form and content reasonably satisfactory to City, during the entire term of such construction is commenced until the facility is dedicated to and officially accepted by City, the following policies of insurance: (a) Insurance Policy Types and Limits. Darling shall keep or cause to be kept in force for the mutual benefit of City and Darling insurance policy types and limits no less than those set forth in Attachment No. 4, which shall include without limitation, insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the New Site, improvements or adjoining areas or ways, affected by such use of the New Site or for property damage. (b) Workers’ Compensation. Darling shall also furnish or cause to be furnished to City evidence reasonably satisfactory to it that any contractor with whom Darling has contracted for the performance of any work for which Darling is responsible hereunder carries workers' compensation insurance as required by law. (c) Policy Form, Content and Insurer. All insurance required by express provisions hereof shall be carried only by insurance companies authorized to do business by California, rated "A-" or better in the most recent edition of Best Rating Guide, and only if they are of a financial category Class VIII or better. All such property policies shall contain Development Agreement Page 15 of 17 Pages language, to the extent obtainable, to the effect that: (i) any loss shall be payable notwithstanding any act of negligence of City or Darling that might otherwise result in the forfeiture of the insurance; (ii) the policies are primary and noncontributing with any insurance that may be carried by City; and, (iii) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City's designated representative. Darling shall furnish City with certificates evidencing the insurance as well as full copies of the policies. City shall be named as additional insureds on all policies of insurance required to be procured by the terms of this Disposition Agreement other than workers’ compensation insurance. 401. Notice of Claim. Each party shall promptly give notice to the other party in accordance with Section 600 of this Development Agreement of any case, action or proceeding brought against either party concerning this Development Agreement or the New Site. ARTICLE 5 PROJECT AS A PRIVATE UNDERTAKING 500. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the New Site is a separately undertaken private development and that the contractual relationship created hereunder between City and Darling is such that Darling is an independent contractor and is not an agent of City. None of the terms or provisions of this Development Agreement shall be deemed to create a partnership or joint venture between Cit y and Darling or to provide third party beneficiary rights to any person or entity not a party hereto. The only relationship between City and Darling is that of a governmental entity regulating the development of private property and the owner of such private property. ARTICLE 6 NOTICES 600. Notices. All formal notices required by this Development Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, to the principal offices of City and Darling with copies sent as set forth below. The addresses of the parties as of the date hereof are as set forth below. Such written notices, demands, correspondence and communication may be directed in the same manner to such other persons and addresses as either party may from time to time designate in writing. Darling shall give written notice to City, within ten (10) days after the close of escrow, of any sale or transfer of any portion of the New Site and any assignment or partial assignment of this Development Agreement, specifying the name or names of the transferee, the transferee's mailing address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Development Agreement shall be given with respect to such transferred portion of the New Site. Notices required to be given to City shall be addressed as follows: Darling: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Development Agreement Page 16 of 17 Pages Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. With a copy to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary City: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Manager With copy to: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Attorney ARTICLE 7 MISCELLANEOUS 700. Amendment of Agreement. This Development Agreement may be amended from time to time with respect to any portion of the New Site by mutual consent of City and Darling (to the extent that it continues to own any portion of the New Site) and of the then-current owner(s) of the portions of the New Site affected by such amendment, with City costs payable by the amendment applicant, in accordance with the provisions of Government Code Sections 65867 and 65868. 701. Waiver of Provisions. No waiver of any provision of this Development Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any other occurrence or event. 702. Time of Essence. Time is of the essence for each provision of this Development Agreement of which time is an element. [SIGNATURES ON FOLLOWING PAGE] Development Agreement Page 17 of 17 Pages IN WITNESS WHEREOF, the parties hereto have executed this Disposition Agreement and Development Agreement as of the date of execution by City. REMINDER: Darling must also initial Section 403.5. DARLING: CITY: DARLING INGREDIENTS INC., a Delaware corporation By: ______________________________ Rick Elrod, Executive Vice President DAR Pro U.S.A. Dated: _______________, 2017 CITY OF FRESNO, a California municipal corporation By Wilma Quan-Schecter, City Manager Dated: _______________, 2017 APPROVED AS TO FORM: By: ____________________ DOUGLAS T. SLOAN City Attorney ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy ATTACHMENT NO. 1 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF CITY PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: APN 327-030-38T (portion) The East half of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. ALSO EXCEPTING THEREFROM that portion conveyed to Pacific gas and Electric Company by deed dated November 22, 1960, and recorded November 23, 1960, as Instrument No. 82430 in Book 4469, Page 549, Official Records Fresno County. Containing an area of 53.13 acres, more or less. APN 327-030-41T (portion) The West half of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. Containing an area of 79.09 acres, more or less. ATTACHMENT NO. 2 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF DARLING PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: Lots 3 and 9 of Tract No. 2573, Southgate Industrial Park, according to the map thereof recorded in Book 32 of Plats, at Pages 52, 53 and 54 of plats, Fresno County Records ATTACHMENT NO. 3 TO ENTIRE AGREEMENT LEGAL DESCRIPTION AND DEPICTION OF NEW SITE ATTACHMENT NO. 4 TO ENTIRE AGREEMENT INSURANCE COVERAGE AND AMOUNTS ATTACHMENT NO. 5 TO ENTIRE AGREEMENT DEPICTION OF OPTION SITE ATTACHMENT NO. 6 TO ENTIRE AGREEMENT FORM OF OPTION AGREEMENT PURCHASE OPTION AGREEMENT This Purchase Option Agreement (the “Agreement”) is made and entered into as of this ______ day of ___________, 2017 by and between the City of Fresno, a public body (the “City”) and Darling Ingredients Inc., a Delaware corporation (“Darling”) with reference to the following recitals of fact: RECITALS: A. WHEREAS, the City owns certain property located at the southwest corner of Jensen Avenue and Polk Avenue, in the City of Fresno (APN 327-030-41T) of which it has agreed to convey the northern 20 acres (“New Site’) to Darling for the construction of a new rendering plant pursuant to the Disposition Agreement and Development Agreement between the City and Darling dated ____________, 2017. B. WHEREAS, Darling desires to acquire an option to purchase up to an additional 20 acres adjacent to the New Site, as m ore particularly described in Exhibit “A” (the “Property”). C. WHEREAS, the parties hereto desire to set forth the terms of the option granted herein from the City to Darling to purchase the Property. NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Option. City hereby grants to Darling an option (the “Option”) to purchase the Property, on the terms and conditions set forth in this Agreement. 2. Term of Option. The term of the Option (the “Option Term”) shall commence on the date hereof, and shall expire at 11:59 p.m. (Pacific Standard Time) on December 31, 2022. 3. Manner of Exercising Option. Darling may exercise the Option by delivering to City, at any time during the Option Term, written notice of such and an executed Purchase and Sale Agreement in the form of Exhibit “B”. 4. Purchase Price. The purchase price for the Property pursuant to the Option shall be a sum equal to a per acre price of 22,000.00 per acre based upon a professional survey to be paid for by Darling. 5. Completion of Sale. 5.1 Prior to the close of escrow on the Property following exercise of the Option, Darling shall cause a title company to issue, upon close of escrow, an ALTA standard owner’s policy of title insurance dated as of the close of escrow, in an amoun t equal to the Purchase Price for the Property, showing title to the Property vested in Darling and showing as exceptions all encumbrances of record as of the date hereof. 5.2 Escrow for the sale of the Property shall close on the date selected by Darling, which date shall be no later than the Option Termination Date, at which time the Purchase Price shall be due and payable in cash. City shall convey the Property to Darling by means of a grant deed. The costs of such sale shall be apportioned between City and Darling according to the custom then in effect in Fresno County, California. 6. Quitclaim Deed and Termination of Option. Upon termination of the Option Term, Darling agrees, upon City’s request, to (a) execute and deliver to City a quitclaim deed, releasing all of Darling’s right, title, and interest in and to the Option within thirty (30) days after termination of the Option Term, and (b) execute, acknowledge and deliver such other documents as may be reasonably required by City’s title company to remove the cloud of the Option from title to the Property. 7. Notices. Notices, demands and communication between the parties shall be in writing and shall be served personally or by depositing the same in the certified United States mail, return receipt requested, post prepaid, and, if intended for City shall be addressed to: City of Fresno 2600 Fresno Street Fresno, CA 93721 If intended for Darling shall be addressed to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. Or to such address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given on the delivery date, or the date that delivery is refused by the addressee, as shown on the return receipt. 8. Attorney’s Fees. In the event of any action or proceeding at law or in equity between any of the parties hereto to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder. The unsuccessful party to the litigation shall pay to the prevailing party all costs and expenses, including with limitation, reasonable attorneys’ fees incurred therein by the prevailing party, and if the prevailing party recovers judgment in any action or proceeding, the costs, expenses and attorney’s fees shall be included in and as part of the judgment. 9. Assignment. This Option Agreement may be assigned to a business conducting a use related to rendering, with the written approval of City. 10. Miscellaneous. 10.1 City and Darling each represent and warrant that neither has had or will have any dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated hereby. Each party hereto herby agrees to indemnify and hold harmless the other party from and against costs, expenses of liabilities for compensation, commissions or charges which may be claimed by any broker, finder or similar party by reason on any actions of the indemnifying party. 10.2 The rights and obligations of City and Darling under this Agreement shall inure to the benefit of, and bind the respective successors and assigns. 10.3 The captions used herein are for convenience of reference only and are not part of the Agreement and do not in any way limit of amplify the terms and provisions hereof. 10.4 Time is of the essence of each and every agreement, covenant and condition of this Agreement. 10.5 This Agreement shall be interpreted in accordance with, and governed by, the laws of the State of California. 10.6 This Agreement constitutes the entire agreement by and among City and Darling with respect to the subject matter hereof, and supersedes all prior offers and negotiations, oral and written. This Agreement many not be amended or modified in any respect whatsoever except by an instrument in writing signed by City and Darling. IN WITNESS WHEROF, City and Darling have executed this Agreement as of the date first above written. CITY CITY OF FRESNO, A California Municipal Corporation By: ____________________________ Wilma Quan-Schecter, City Manager Dated: ___________________________ DARLING DARLING INGREDIENTS INC., a Delaware corporation By: _______________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. Dated: ___________________________ Exhibit “A” To Attachment No. 6 Option Agreement (Legal Description of Option Property) Exhibit “B” To Attachment No. 6 Option Agreement ______________________________________________________________ REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS _______________________________________________________________ THE CITY OF FRESNO, a municipal corporation, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (“Seller”), and DARLING INGREDIENTS INC., a Delaware corporation, (“Buyer”), enter into this Real Property Purchase and Sale Agreement and Joint Escrow Instructions (the “Agreement”), effective as of the date that the Buyer has executed it and the City Council has approved it. RECITALS A. The Seller owns certain real property described in Exhibit A, attached, (the “Property”). B. The Buyer has agreed to purchase the entire property as-is. C. The Buyer desires to purchase the Property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Purchase and Sale. Seller will sell the Property to Buyer, and Buyer will purchase the Property from Seller on the terms and conditions set forth in this Agreement. 2. Conditions Precedent. Closing shall be conditioned upon performance of all of obligations in this Agreement and satisfaction of the conditions listed in Sections 2.1 and 2.2 provided that Seller may, in Seller’s sole discretion, elect to waive any such condition of Closing. 2.1 Compliance with CEQA. Buyer must comply with the California Environmental Quality Act. 2.2 Environmental Assessment. The Property is being sold in an “As is” condition. The Buyer may perform a Phase 1 Environmental Site Assessment at Buyer’s cost. Seller shall provide Buyer with any copies of environmental reports pertaining to the Property in Seller’s possession without any warranty as to their accuracy. 3. Purchase Price. The purchase price for the Property is TWENTY TWO THOUSAND DOLLARS ($22,000) for a total purchase price of _________________ (“Purchase Price”). The Purchase Price, subject to adjustments provided in this Agreement (if any), will be paid by Buyer in cash or by wire transfer of immediately available funds at the Closing. 4. Seller’s Warranties. Seller represents and warrants that: (a) Seller owns the Property, free and clear of all liens, licenses, claims, encumbrances, easements, leases, encroachments on the Property from adjacent Property, encroachments from the Property onto adjacent Property, and any rights of way, other than those disclosed by the public record; (b) Seller has no knowledge of any pending litigation involving the Property; (c) Seller has no knowledge of any violations of, or notices concerning defects or noncompliance with any code, statute, regulation, ordinan ce, judicial order, judicial holding, or other applicable law concerning the Property; The continued accuracy in all respects of Seller's representations and warranties shall be a condition precedent to Buyer's obligation to close. All representations and warranties contained in this Agreement shall be deemed remade as of the date of Closing and shall survive the Closing. If any of the representations and warranties are not correct at the time made or as of the Closing, Buyer may terminate this Agreement and there shall be no further liability on the part of Buyer to Seller. 5. Opening Escrow/Escrow Deposit. Within ten business days after the execution of this Agreement by both parties, the parties will open an escrow (“Escrow”) with ________________________________ (“Title Company”), Attention: ____________, and Buyer shall deposit into Escrow the sum of ________________ (5% of the Purchase Price) (“Deposit”) to be placed in an interest bearing account. 5.1 Agreement as Joint Escrow Instructions. This Agreement, when signed by Buyer and Seller and deposited into escrow with the Title Company, will be the parties’ joint escrow instructions. Buyer and Seller will sign and deliver any other form instructions the Title Company may require that are consistent with this Agreement. 5.2 Deposits into Escrow. Buyer and Seller will deposit all instruments, documents, money, and other items into escrow with the Title Company that (i) this Agreement identifies or (ii) the Title Company may require that are consistent with the terms and purposes of this Agreement, and necessary to Closing. Within thirty days after the City Council approves this Agreement, Seller will deposit into the escrow with Title Company, or will conditionally deliver to Buyer, a recordable grant deed duly executed and acknowledged before a notary public, and accompanied by documentation reasonably necessary to establish the authority of any signatory executing such deed on behalf of Seller. 5.3 Title. Seller will convey title of the Property to Buyer AS IS, without regard to all title defects, liens, encumbrances, conditions, covenants, restrictions, leases or agreements, and other adverse interests of record or known to Seller. 5.4 Title and Closing Costs. Buyer will pay any costs of clearing and conveying title. Buyer will pay the cost of a CLTA or ALTA owner’s title policy insuring Buyer’s title in the condition described in Section 5.3. Escrow fees, costs to record the grant deed, etc., shall be split equally between Buyer and Seller. 5.5 Closing. The escrow will be considered closed (“Closing” or “Close” or the “Closing Date”) on the date that the Title Company records the grant deed. The escrow will be in condition to Close when all conditions to Close are satisfied or waived, the Title Company is prepared to issue the title policy described herein, and the Title Company is otherwise able to record the grant deed. Unless extended by the mutual consent of the parties, the escrow and this Agreement shall terminate if Closing does not occur within sixty days following final execution of this Agreement (including attestation by the Clerk) (the “Outside Closing Date”). Seller’s Executive Director is authorized to agree to administratively extend this Agreement as necessary to accommodate satisfaction of conditions precedent. Upon termination of the escrow, the Title Company will return all funds, including the Deposit, and documents to the respective depositor, less any termination fee if applicable, and this Agreement will be of no further effect except as herein provided. 5.6 Recordation. At Closing, Title Company shall date the grant deed, and all other undated documents in escrow, with the date of Closing, and the Title Company shall record the grant deed, performance deed of trust and all other documents necessary to the Closing. 5.7 Disbursements. At Closing, Title Company shall disburse the Purchase Price, less Seller’s costs to clear title (placing it in the condition set forth in Section 5.3), prorations, and other costs, if any, to Seller, when Title Company is committed to issue a standard CLTA or ALTA owner’s title insurance policy to Buyer insuring its fee title in the condition set forth in Section 5.3, above, for the Purchase Price or such lesser amount as Buyer may designate. 5.8 Risk of loss. Any loss or damage, to the Property or any improvements on it, before Closing is at Seller’s risk. 5.9 Broker. Neither party engaged a broker for this transaction. 6. Delivery of Possession. Seller shall deliver exclusive possession of the Property at Closing. 7. Buyer’s Right to Enter and Inspect the Property. Buyer shall have the right to enter, inspect, and conduct any due diligence tests on the property that Buyer deems advisable. Seller grants Buyer, and/or Buyer's agents, the right, upon 24 hours notice, to enter onto the Property to conduct tests and investigations, if all the following occur: (a) Buyer conducts tests and investigations at its sole cost and expense; (b) the tests and investigations do not unreasonably interfere with Seller's possession. 8. Miscellaneous Provisions. 8.1 Further Assurances. Each party will sign and deliver further documents, or take any further actions required to complete the purchase and sale described herein. 8.2 Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) on the date of service if served personally on the person to receive the notice, (b) on the date deposited in the U.S. mail, if delivered by depositing the notice or communication in the U. S. mail, postage prepaid, and addressed to the relevant party at the address set forth below, (c) on the date of transmission if delivered by facsimile, to the number provided below, that provides a transmission confirmation showing the date and time transmitted, or (d) on the date of transmission if delivered electronically via email and showing the date and time transmitted. To Seller: City of Fresno 2600 Fresno Street Fresno, CA 93721 To Buyer: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. 8.3 Entire Agreement. Each Exhibit referred to in this Agreement is by that reference incorporated into and made a part of this Agreement. This Agreement is the entire agreement between the parties regarding the purchase and sale of the Property, and supersedes all prior discussions, negotiations, commitments or understanding, written or oral. 8.4 Amendment or Cancellation. Buyer and Seller may amend or cancel this Agreement only by mutual written consent of the parties, unless otherwise expressly provided herein. 8.5 Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of each party, and each party’s heirs, successors, assigns, transferees, agents, employees or representatives. The Buyer may assign this agreement and its rights hereunder without the consent of Seller. 8.6 Time of the Essence. Time is of the essence of each term in this Agreement. 8.7 Attorneys' Fees. If any party to this Agreement or the Title Company begins any action, proceeding, or arbitration arising out of this Agreement, then as between Buyer and Seller, the prevailing party shall be entitled to receive from the other party, besides any other relief that may be granted, its reasonable attorneys' fees, costs, and expenses incurred in the action, proceeding, or arbitration. 8.8 Governing Law . This Agreement and the legal relations between the parties shall be governed by and construed according to California law. Venue for the filing of any action to enforce or interpret this Agreement or any rights and duties hereunder shall be in Fresno, California. 8.9 Headings. The section headings in this Agreement are for convenience only. The headings are not part of this Agreement and shall not be used to construe it. 8.10 Waiver. If Buyer or Seller waives a breach of any provision herein, the waiver will not be a continuing waiver. The waiver will not constitute a waiver of any subsequent breach, or a waiver of a breach of any other provision hereof. 8.11 Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any provision in this Agreement will not affect the other provisions. 8.12 Interpretation. This Agreement is the result of the combined efforts of the parties. If any provision of this Agreement is found ambiguous, the ambiguity will not be resolved by constru ing this Agreement in favor or against any party, but by construing the terms according to their generally accepted meaning. 8.13 Precedence of documents. If any conflict exists between the body of this Agreement and any Exhibit or Attachment to it, the provisions of the body of this Agreement will control and take precedence over the Exhibit or Attachment. 8.14 Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. Facsimile or electronic copy signatures shall be deemed as valid and binding as original signatures. 8.15 Survival. All representations and warranties, indemnifications, and other provisions which, by their nature are intended to continue, shall survive Closing and delivery of the grant deed. 8.16 Seller’s Default and Buyer’s Remedies. If the sale of the Property is not consummated due to Seller’s material default hereunder that is not cured within five business days of Notice from Buyer of Default, then Buyer shall have the right, to elect, as its sole and exclusive remedy, to either (a) terminate this Agreement by written notice to Seller, promptly after which the Deposit shall be returned to Buyer, (b) waive the default and pro ceed to close the transaction contemplated herein. Notwithstanding anything to the contrary contained herein, Seller shall not be deemed in default unless and until Buyer provides Seller with written notice of such default and Seller fails to cure such default within five business days of its receipt of such written notice. 8.17 Buyer’s Default and Seller’s Remedies. If the sale of the Property is not consummated due to Buyer’s material default, then Seller shall have the right, to elect, as its sole and exclusive remedy, to terminate this Agreement by written notice to Buyer, after which the Deposit shall be forfeited. IN WITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates set forth below. CITY CITY OF FRESNO, A California Municipal Corporation By: ____________________________ Wilma Quan-Schecter, City Manager Dated: ___________________________ DARLING DARLING INGREDIENTS INC., a Delaware corporation By: _______________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. Dated: ___________________________ The City of Fresno has signed this Agreement pursuant to authority granted on_____________, 20___ ATTEST: YVONNE SPENCE, CMC City Clerk By______________________________ Deputy Dated: ____________________, 20___ APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By_______________________________ Deputy Dated: ______________________, 20___ Attachments: Exhibit A: Legal Description EXHIBIT "A" To Purchase and Sale Agreement Legal Description of Option Property ATTACHMENT NO. 7 TO ENTIRE AGREEMENT SCHEDULE OF PERFORMANCE ITEM TO BE PERFORMED TIME FOR PERFORMANCE AGREEMENT REFERENCE 1. 2. 3. It is understood that the foregoing Schedule of Performance is subject to all of the terms and conditions set forth in the Agreement. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text of the Agreement; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern. The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both (i) Darling, and (ii) City. A failure by either party to enforce a breach of any particular time provision shall not be construed as a waiver of any other time provision. The City Manager on behalf of City shall have the authority to approve extensions of time without City Council action not to exceed a cumulative total of one hundred eighty (180) days as provided in Section 1103. ATTACHMENT NO. 8 TO ENTIRE AGREEMENT SCOPE OF DEVELOPMENT A. General Darling agrees that the New Site shall be developed and improved in accordance with the provisions of this Agreement including all attachments, and the plans, drawings, and related documents approved by City pursuant hereto. Darling, its supervising architect, engineers, and contractor shall work with City staff to coordinate the overall design, architecture, site layout, open areas, landscaping and parking with regards to mass, scale, bulk, color and materials. Any questions or issues regarding the Scope of Development not included or addressed herein or in the Disposition Agreement shall be resolved in accordance with the Fresno Municipal Code. B. Design Criteria 1. Site Plan. The New Site Plan shall be consistent with the Schematic Site Plan attached hereto as Exhibit "A." C. Site Work Darling shall be responsible for construction and installation of all Site improvements. Darling’s improvements are currently designed to include, but may not be limited to the following: 1. Construction of ____ buildings designed as follows _________________ ________________________________________________________________ ________________________________________________________________. 2. Parking area(s) shall be provided on-site. The design and construction, as well as the number of parking spaces provided shall be in accordance with the Fresno Municipal Code. Construction of the parking areas shall include installation of necessary drainage system(s) (including connections within the public right-of-way), paving, installation of required landscaping and irrigation, striping and labeling, all in accordance with the Fresno Municipal Code and the Approved Plans. 3. On-site landscaping and automatic irrigation system shall be installed and maintained per Approved Plans consistent with the Fresno Municipal Code. 4. On-site lighting shall be installed in a manner consistent with the approved lighting and electrical plans. The design of light standards and fixtures shall be consistent with the requirements of the Fresno Municipal Code. D. Landscaping Landscaped yards shall be maintained with landscaping and automatic irrigation. E. Trash and Recycling Storage Trash storage areas shall be provided of sufficient size to ensure containment of all solid waste materials generated from the New Site. The size of the enclosure shall be determined by the City staff based upon the size and nature of the facility proposed but shall not be less than thirty (30) square feet. The trash enclosure shall be constructed of solid masonry walls and shall not be less than five (5) feet in height with solid metal panel gates equipped with self-closing devices. Adequate access shall be provided to the enclosure for refuse pickup. F. Signs All signs shall be installed by Darling. G. Not Used H. Mechanical Equipment No mechanical equipment, including electrical transformers shall be located in any required setback area. I. Applicable Codes All improvements shall be constructed in accordance with the California Building Code (with Fresno modifications), the City of Fresno Fire Code, the Fresno Municipal Code and current City standards. J. Not Used. EXHIBIT "A" TO ATTACHMENT NO. 8 TO ENTIRE AGREEMENT SCHEMATIC SITE PLAN [To Be Inserted] ATTACHMENT NO. 9 TO ENTIRE AGREEMENT GRANT DEED FREE RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Darling Ingredients, Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary GRANT DEED FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF FRESNO, a California municipal corporation ("Grantor") hereby grants to DARLING INGREDIENTS INC., a Delaware corporation ("Grantee"), the real property in the City of Fresno, County of Fresno, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (“Property”). As conditions of this conveyance, Grantee covenants by and for itself and any successors- in-interest for the benefit of Grantor as follows: 1. Governing Documents. The Property is being conveyed: (i) pursuant to a Disposition Agreement and Development Agreement ("DADA") entered into by and between Grantor and Grantee dated ______________, 2017; and (ii) subject to the terms of the DADA and this Deed, as those terms are defined in the DADA. The DADA is a public record on file in the office of the City Clerk of the City of Fresno (“City”), located at 2600 Fresno Street, Fresno, CA 93720 and is incorporated herein by this reference. Any capitalized terms not defined herein shall have the meanings ascribed to them in the DADA. Grantee covenants and agrees for itself and its successors and assigns to develop the Property in accordance with the DADA and thereafter to use, operate and maintain the Property in accordance with this Deed. The Property is also conveyed subject to easements and rights-of-way of record and other matters of record. In the event of any conflict between this Deed and the DADA, the provisions of the DADA shall control. 2. Term of Restrictions. Grantee covenants and agrees for itself, its successors, its assigns, and every successor-in-interest to the Property that Grantee, such successors and such assigns, shall not develop, operate, maintain or use the Property in violation of the terms and conditions of the DADA. Grantee shall commence to construct the improvements within the time period specified in the DADA and diligently prosecute same to completion. 3. Right of Reverter. Grantee covenants by and for itself and any successors-in- interest that Grantor shall have the right, at its option, to reenter and take possession of the Property hereby conveyed, with all improvements thereon, and revest in Grantor the estate APNs. _________________________________ (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $___ per R&T Code _____ (Exempt from Recording Fee per Gov. Code §6103) conveyed to the Grantee if after Closing and prior to recordation of the Certificate of Completion and Satisfaction, Grantee or successor-in-interest shall commit a material default as described in the DADA. Within five (5) days after Grantor gives Grantee written notice that Grantor intends to exercise its right to reenter and take possession of the Property, Grantee shall deliver a grant deed duly executed and acknowledged transfer the Property to Grantor. This right of reverter shall be interpreted liberally in order to protect Grantor’s contribution of financial assistance to Grantee which was made as material consideration for Grantee constructing and operating the New Plant Project as set forth in the DADA. The Right of Reverter shall automatically terminate upon the recordation of the Certificate of Compliance in compliance with the DADA. 4. Transfer Restrictions. Grantee shall not transfer or encumber the Property or any of its interests therein except as provided in Section 303 of the DADA. 5. Reservation of Existing Streets. Grantor excepts and reserves any existing street, proposed street, or portion of any street or proposed street lying outside the boundaries of the Property which might otherwise pass with a conveyance of the Property. 6. Non-Discrimination. Grantee covenants that there shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Property, or any portion thereof, nor shall Grantee, or any person claiming under or through Grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any portion thereof. The nondiscrimination and non-segregation covenants contained herein shall remain in effect in perpetuity. 7. Form of Nondiscrimination Clauses in Agreements. Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such d eeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or non- segregation clauses: (a) Deeds: In deeds the following language shall appear: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) Leases: In leases the following language shall appear: "The lessee herein covenants by and for itself, its heirs, executors, administrators, successors, and a ssigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." (c) Contracts: In contracts pertaining to conveyance of the realty the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." The foregoing covenants shall remain in effect in perpetuity. 8. Covenants to Run With the Land. The covenants contained in this Deed shall be construed as covenants running with the land and not as conditions which might result in forfeiture of title, and shall be binding upon Grantee, its heirs, successors and assigns to the Property, whether their interest shall be fee, easement, leasehold, beneficial or otherwise. [SIGNATURE LINES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers or agents hereunto as of ________, 201__. "GRANTOR" CITY OF FRESNO, a California municipal corporation By ____ Wilma Quan-Schecter, City Manager APPROVED AS TO FORM: By: ____________________ DOUGLAS T. SLOAN City Attorney ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy CERTIFICATE OF ACCEPTANCE By its acceptance of this Deed, Grantee hereby agrees as follows: 1. Grantee expressly understands and agrees that the terms of this Deed shall be deemed to be covenants running with the land and shall apply to all of the Grantee's successors and assigns (except as specifically set forth in the Deed). 2. The provisions of this Deed are hereby approved and accepted. Date:____________, 201__ "DARLING" DARLING INGREDIENTS INC., a Delaware corporation By: _____________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. EXHIBIT "A" ATTACHMENT NO. 9 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: A portion of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of Section 22; thence North 89°44’08” West, on the North line of said Northeast quarter, a distance of 1320.31 to the Northeast corner of the West half of said Northeast quarter and the TRUE POINT OF BEGINNING; thence South 00°22’55” West, on the east line of said West half, a distance of 1315.79 feet; thence North 89°54’00” West, a distance of 818.63 feet; thence North 00°05’41” East, a distance of 853.01 feet; thence South 89°54’15” East, a distance of 570.10 feet; thence North 00°06’00” East, a distance of 463.46 feet to the North line of said Northeast quarter; thence South 89°44’08” East, on said North line, a distance of 255.05 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. Containing an area of 18.54 acres, more or less. TOGETHERWITH that portion of land granted as an easement for ingress and egress purposes appurtenant to the aforementioned property described above. Said access easement is described as follows: That real property located in the City of Fresno, County of Fresno, State of California, lying in the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of Section 22; thence North 89°44’08” West, on the North line of said Northeast quarter, a distance of 1320.31 to the Northeast corner of the West half of said Northeast quarter; thence South 00°22’55” West, on the east line of said West half, a distance of 1315.79 feet and the TRUE POINT OF BEGINNING of said easement ; thence North 89°54’00” West, a distance of 125.94 feet; thence South 00°06’00” West, a distance of 50.00 feet; thence South 89°54’00” East, a distance of 1396.00 feet to the westerly right-of-way line of South Cornelia Avenue; thence North 00°22’53” East, a distance of 50.00 feet; thence North 89°54’00” West, a distance of 1270.30 feet to the TRUE POINT OF BEGINNING. Containing an area of 1.60 acres, more or less. STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ATTACHMENT NO. 10 TO ENTIRE AGREEMENT COVENANT AGREEMENT ATTACHMENT NO. 11 TO ENTIRE AGREEMENT CERTIFICATE OF COMPLETION AND SATISFACTION FREE RECORDING REQUESTED BY & WHEN RECORDED RETURN TO: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary CERTIFICATE OF COMPLETION AND SATISFACTION Pursuant to that certain Disposition Agreement and Development Agreement ("Entire Agreement") dated _______________, 201__ by and between the CITY OF FRESNO ("City") and DARLING INGREDIENTS INC., a Delaware corporation ("Darling"), Darling has agreed to develop that certain real property situated in the City of Fresno, County of Fresno, State of California, described on Exhibit "A" attached hereto and made a part hereof (“Property”). RECITALS: A. Terms not otherwise specifically defined in this document shall have the meaning specified in the Entire Agreement. B. As referenced in the Disposition Agreement (Part I) of the Entire Agreement (“Disposition Agreement”) and the Development Agreement (Part II) (“Development Agreement”) of the entire Agreement, City is required to furnish Darling with a Certificate of Completion and Satisfaction upon completion of construction and development and new plant and the commencement of operations, which certificate shall be in such form as to permit it to be recorded in the Official Records of Fresno County, California. C. The Disposition Agreement provides for certain covenants to run with the land, which covenants were incorporated in the Deed (as defined in the Disposition Agreement). D. This Certificate of Completion and Satisfaction shall constitute a conclusive determination by City of the satisfactory completion by Darling of the construction and development required by the Disposition Agreement and of Darling’s compliance with the terms of the Disposition Agreement with respect to such construction, development and commencement of operations of the New Plant, but not of the Deed nor of the Declaration, the provisions of which shall continue to run with the land pursuant to their terms. E. City has conclusively determined that the construction and development on the Property required by the Disposition Agreement has been satisfactorily completed by Darling in full APNs. __________________ (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) compliance with the terms of the Disposition Agreement and that the New Plant has commenced operations on the Property. NOW, THEREFORE 1. The improvements required to be constructed have been satisfactorily completed and New Plant has been commenced operations in accordance with the provisions of the Disposition Agreement and the Development Agreement. 2. This Certificate of Completion and Satisfaction shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Disposition Agreement and the Development Agreement with respect to the obligations of Darling, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. 3. This Certificate of Completion and Satisfaction shall constitute a conclusive determination of the termination of the Right of Reverter in the Disposition Agreement and the Deed. 4. This Certificate of Completion and Satisfaction shall not constitute evidence of Darling’s compliance with continuing operations covenant and other covenants in the Deed, the provisions of which shall continue to run with the land. 5. This Certificate of Completion and Satisfaction is not a Notice of Completion as referred to in California Civil Code Section 3093. 6. Except as stated herein, nothing contained in this instrument shall modify in any way any other provisions of the Disposition Agreement, the Development Agreement or any other provisions of the documents incorporated therein. IN WITNESS WHEREOF, City has executed this Certificate of Completion and Satisfaction this ____ day of ________________, 201__. "CITY" CITY OF FRESNO, a California municipal corporation By Wilma Quan-Schecter, City Manager CONSENT TO RECORDATION DARLING INGREDIENTS INC., a Delaware corporation as the owner of the fee title to the real property legally described herein, hereby consents to the recordation of this Certificate of Completion and Satisfaction against the Property (defined herein). "DARLING" Date: ______________, 201__ DARLING INGREDIENTS INC., a Delaware corporation By: _____________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. EXHIBIT "A" TO ATTACHMENT NO. 11 TO ENTIRE AGREEMENT LEGAL DESCRIPTION 1 STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. Exhibit 6: City-Initiated Plan Amendment and Rezone Exhibit 7: Proposed Site Plan EXISTING PG&E EASEMENT EXISTING 230kV POWER LINES TRUCK SHOP MAINT. BLDG SCALE OFFICE EMPOLYEE PARKING PG&E TRANSMISSION STATION WASTE WATER TREATMENT FACILITY RENDERING PLANT EMPLOYEE/VISITOR/EMERGENCY VEHICLE ACCCESS Legend Site Boundary NOT TO SCALE Site Plan X16010079 01 003Source: Design Group Facility Solutions 5855 RICKENBACKER ROAD, COMMERCE, CALIFORNIA 90040 PHONE: (323) 867-9040 FAX: (323) 867-9041 Exhibit 8: Findings Findings Per Fresno Municipal Code Section 15-5812. Finding A: The change is consistent with the General Plan (GP) goals and policies, any operative plan, or adopted policy; and, a. As outlined in “Land Use Plans and Policies” discussion above, the application is consistent with the Fresno General Plan goals, objectives, and policies. Finding B: The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare; and, b. The proposed project is consistent with the purpose of the Development Code to promote growth in an orderly and sustainable manner, support infill development, and to promote and protect the public health, safety, peac e, comfort, and general welfare. By allowing for the Plan Amendment and Rezoning, the Darling Rendering Facility would be able to relocate its operations to an area not within the immediate proximity to residential neighborhoods. Finding C: The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the GP, any applicable operative plan, or adopted policy, and to increase the inventory of land within a zoning district to meet market demand. c. The change in land use will achieve a balance of land uses desired by the City to provide needed housing, consistent with Fresno General Plan. This project would allow for the relocation of the Darling Rendering Facility to a site further from residential uses and would allow for future non-industrial related uses at the existing Darling Facility site within the southwest area of the City of Fresno, which would assist with the market demand for residential development in that area. Findings Per Fresno Municipal Code Section 15-6006 Finding A: The provisions of the Agreement are consistent with the General Plan and any applicable operative plan; and, a. The proposed project is consistent with the purpose of the Development Code to promote growth in an orderly and sustainable manner, support infill development, and to promote and protect the public health, safety, peace, comfort, and general welfare. By allowing for the Agreement, the Darling Rendering Facility would be able to relocate its operations to an area not within the immediate proximity to residential neighborhoods. Finding B: The proposed Development Agreement will provide substantial public benefit. b. The proposed project provides a substantial public benefit by relocating a heavy industrial use currently in close proximity to dense residential uses to an area away from residential uses. This will provide a cleaner and healthier environment to residential uses adjacent to and surrounding the existing rendering facility. Exhibit 9: Public Notice CITY OF FRESNO NOTICE OF ENVIRONMENTAL FINDING AND INTENT TO CONSIDER ADOPTION OF A DEVELOPMENT AGREEMENT MITIGATED NEGATIVE DECLARATION: NOTICE IS HEREBY GIVEN THAT A MITIGATED NEGATIVE DECLARATION has been prepared by the City of Fresno Development and Resource Management Department resulting from Initial Study and Environmental Assessment (EA) of the project described below: EA No. A-17-008/R-17-011 and Disposition Agreement and Development Agreement: The City-initiated Plan Amendment Application No. A-17-008 and Rezone Application No. R-17-011 pertains to approximately 40 acres of property (5449 West Jensen Avenue; APNs: 327-030-41T and 327-030-38T) near the Fresno-Clovis Regional Wastewater Treatment Plant (WWTP) to accommodate relocation of the existing Darling Rendering Facility, currently located on a 5.22 acre parcel on Belgravia Road between Church and East California Avenues in the southwest area of the city. The proposed project site is located between the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) and a PG&E substation at the southwest corner of South Cornelia Avenue and West Jensen Avenue within city limits, but not within city proper. Plan Amendment Application No. A-17-008 proposes to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. Rezone Application No. R-17-011 proposes to rezone the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. In addition, a Disposition Agreement and Development Agreement (“Agreement”), by and between the City of Fresno and Darling Ingredients Inc., proposes to transfer approximately 20 acres located at the northern portion of unimproved property owned by the City at the southwest corner of Jensen Avenue and Polk Avenue in the City of Fresno to Darling Ingredients, Inc. for the purpose of relocating their existing rendering plant. The Agreement also sets forth terms for the cessation of operations at the existing plant and construction and operation of a new rendering plant in accordance with Government Code Section 65864. Additional information on the proposed project, including copies of the proposed environmental finding, may be obtained from the City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3065, Fresno, California, 93721, or contact Ricky Caperton at (559) 621-8058 or by email at Ricky.Caperton@fresno.gov. ANY INTERESTED PERSON may comment on the above proposed environmental finding. Written comments should state (1) the commenter’s name and address; (2) the commenter’s interest in or relationship to the project; (3) if the environmental determination is being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made or the project approved or not approved. Written comments may be submitted at any time between the publication date of this notice and on/or before October 18, 2017 for the Planning Commission hearing. Written comments may be submitted 24 hours before the item is to be heard at City Council for the Council hearing on October 26, 2017. Members of the public may also provide verbal comments on the project at the October 18 and October 26 hearings. The project is scheduled for consideration by the Fresno Planning Commission on October 18, 2017 and by the Fresno City Council on October 26, 2017. Your comments are welcomed and will be considered in the final decision. DO NOT PUBLISH BELOW LINE Publish on October 12, 2017 CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT NOTICE OF PUBLIC HEARING PLAN AMENDMENT APPLICATION NO. A-17-008, REZONE APPLICATION NO. R-17-011, DISPOSITION AND DEVELOPEMNT AGREEMENT, AND ENVIRONMENTAL ASSESSMENT NO. A-17-008/R-17-011 NOTICE IS HEREBY GIVEN that the Fresno City Council, in accordance with Sections 65090 and 65091 (Planning and Zoning Law) of the Government Code and in accordance with the procedures of Article 50, Chapter 15 of the Fresno Municipal Code (FMC), will conduct a public hearing to consider Plan Amendment Application No. A-17-008, Rezone Application No. R-17-011, and Disposition Agreement and Development Agreement pertaining to 40 acres of property located on the south side of West Jensen Avenue wes t of South Cornelia Avenue (APNs: 327-030-41T and 327-030-38T). This was a city-initiated Plan Amendment and Rezone pursuant to FMC Section 15 -4803 to allow for the relocation of the Darling Rendering Facility from its existing location on Belgravia Road between Church and East California Avenues to the subject property along West Jensen near the Fresno-Clovis Regional Wastewater Treatment Plant and Regional Wastewater Reclamation Facility. 1. Environmental Assessment No. A-17-008/R-17-011: Recommends that a Mitigated Negative Declaration be adopted for the above Plan Amendment and Rezone, dated September 2017 for purposes of the proposed project. 2. Plan Amendment Application No. A-17-008: Proposes to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. 3. Rezone Application No. R-17-011: Proposes to rezone the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. 4. Disposition Agreement and Development Agreement: Proposes an Agreement by and between the City of Fresno and Darling Ingredients Inc. pertaining to the transfer of certain real property owned by the City to Darling Ingredients Inc. and the provision of certain development and operation assurances to the parties. The Planning Commission considered these applications on October 18, 2017 and recommended approval to the City Council. Any interested person may appear at the public hearing and speak in favor or against the project proposal. If you challenge the above applications in court, you may be limited to raising only those issues, you, or someone else, raised at the public hearings described in this notice, or in written correspondence delivered to the City Council prior to the public hearing. Written comments must be received 24 hours before the item is to be heard at Council. Verbal comments may be made at the public hearing. NOTE: This public hearing notice is being sent to surrounding property owners pursuant to the requirements of Fresno Municipal Code Section 15-5007. For additional information, contact Ricky Caperton, Development and Resource Management Department, Development Services Division, City Hall, 2600 Fresno Street, Fresno, California 93721 -3604, by telephone at (559) 621-8058, or via e-mail at Ricky.Caperton@fresno.gov. Si necesita información en Español, comuníquese con McKencie Contreras al teléfono (559) 621-8066. Jennifer K. Clark, Director Development and Resource Management Department DATED: October 13, 2017 APN(s): 327-030-41T / 327-030-38T SEE MAP ON REVERSE SIDE Development and Resource Management Department 2600 Fresno Street, Room 3043 · Fresno, CA 93721 · Phone (559) 621-8277 · Fax (559) 498-1026 FRESNO CITY COUNCIL Date: Thursday, October 26, 2017 Time: 4:30 p.m., or thereafter Place: City Hall Council Chamber, Second Floor 2600 Fresno Street, Fresno, CA 93721 R. Caperton DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT 2600 FRESNO ST FRESNO CA 93721-3604 Plan Amendment A-17-008, Rezone. R-17-011, EA No. No. A-17-008/R-17-011 5449 W Jensen Avenue THIS IS A LEGAL NOTICE VICINITY MAP LEGEND SUBJECT PROPERTY W Jensen Ave S Cornelia Ave Exhibit 10: Planning Commission Resolutions EXHIBIT A Exhibit 6: IS/MND and Response to Comments City of Fresno Rendering Facility Relocation Project i 16010079.01 Initial Study/Mitigated Negative Declaration Fresno Rendering Plant Relocation Project PREPARED FOR: City of Fresno Contact: Mike Sanchez, AICP, MCRP, Assistant Director 559.621.8040 PREPARED BY: Ascent Environmental Contact: Mike Parker, AICP 916.444.7301 September 7, 2017 City of Fresno Rendering Plant Relocation Project i TABLE OF CONTENTS Chapter Page ACRONYMS AND ABBREVIATIONS ........................................................................................................................ iv 1 INTRODUCTION ...................................................................................................................................... 1-1 1.1 Introduction and Regulatory Guidance ...................................................................................... 1-1 1.2 Why this Document? ................................................................................................................... 1-1 1.3 Summary of Findings .................................................................................................................. 1-2 1.4 Environmental Permits ................................................................................................................ 1-2 1.5 Document Organization .............................................................................................................. 1-2 2 PROJECT DESCRIPTION ......................................................................................................................... 2-1 2.1 Project Location and Setting ....................................................................................................... 2-1 2.2 Project Characteristics ................................................................................................................ 2-4 3 ENVIRONMENTAL CHECKLIST ............................................................................................................... 3-1 3.1 Aesthetics..................................................................................................................................... 3-5 3.2 Agriculture and Forest Resources .............................................................................................. 3-9 3.3 Air Quality ................................................................................................................................... 3-13 3.4 Biological Resources ................................................................................................................. 3-18 3.5 Cultural Resources .................................................................................................................... 3-28 3.6 Geology and Soils ...................................................................................................................... 3-32 3.7 Greenhouse Gas Emissions ...................................................................................................... 3-35 3.8 Hazards and Hazardous Materials ........................................................................................... 3-39 3.9 Hydrology and Water Quality ..................................................................................................... 3-45 3.10 Land Use and Planning ............................................................................................................. 3-50 3.11 Mineral Resources .................................................................................................................... 3-51 3.12 Noise .......................................................................................................................................... 3-52 3.13 Population and Housing ............................................................................................................ 3-64 3.14 Public Services........................................................................................................................... 3-65 3.15 Recreation .................................................................................................................................. 3-67 3.16 Transportation/Traffic ............................................................................................................... 3-68 3.17 Tribal Cultural Resources .......................................................................................................... 3-84 3.18 Utilities and Service Systems .................................................................................................... 3-85 3.19 Mandatory Findings of Significance ......................................................................................... 3-89 4 REFERENCES ......................................................................................................................................... 4-1 5 LIST OF PREPARERS .............................................................................................................................. 5-1 Table of Contents Ascent Environmental City of Fresno ii Rendering Plant Relocation Project Appendices Appendix A Odor Control Plan Appendix B Air Quality, Greenhouse Gas, and Noise Modeling Details Appendix C SJVAPCD Best Performance Standards Example Appendix D Traffic Study Exhibits Exhibit 2-1 Project Vicinity ............................................................................................................................. 2-2 Exhibit 2-2 Project Site ................................................................................................................................... 2-3 Exhibit 2-3 Preliminary Site Plan ................................................................................................................... 2-4 Exhibit 2-4 Land Use ...................................................................................................................................... 2-5 Exhibit 2-5 Zoning........................................................................................................................................... 2-7 Exhibit 2-6 Existing Rendering Plant Location .............................................................................................. 2-8 Exhibit 2-7 Truck Route ................................................................................................................................ 2-13 Exhibit 2-8 Off-Site Facilities ........................................................................................................................ 2-14 Exhibit 3-1 Existing Views of the Project Site ............................................................................................... 3-6 Exhibit 3-2 Views of Existing Facilities .......................................................................................................... 3-7 Exhibit 3-3 Farmland Mapping and Monitoring Program (FMMP) Designations ...................................... 3-11 Exhibit 3-4 CNDDB Occurrences within 5-miles of the Project Site .......................................................... 3-21 Tables Table 2-1 Required Permits and Licenses for the Darling Facility ............................................................ 2-9 Table 2-2 Anticipated Flow and Loading Ranges ..................................................................................... 2-10 Table 2-3 Anticipated Darling Vehicle Types ............................................................................................ 2-11 Table 3-1 Special-Status Wildlife with Potential to Occur in the Project Vicinity .................................... 3-22 Table 3-2 Estimated GHG Emissions Associated with Project Construction Activities by Construction Year ...................................................................................................................... 3-37 Table 3-3 Summary of Annual GHG Emissions Associated with the Project at Full Buildout in 2020........................................................................................................................................... 3-38 Table 3-4 City of Fresno Transportation (Non-Aircraft) Noise Sources ................................................... 3-54 Table 3-5 County of Fresno Noise Control Ordinance: Exterior Noise Standards (dB) .......................... 3-55 Table 3-6 County of Fresno Noise Control Ordinance: Interior Noise Standards (dB) ........................... 3-55 Table 3-7 County of Fresno Maximum Acceptable Noise Levels (dB) .................................................... 3-55 Table 3-8 Noise Levels Generated by Typical Construction Equipment ................................................. 3-57 Table 3-9 Noise Levels Generated by Typical Operational Equipment ................................................... 3-58 Table 3-10 Modeled Traffic Noise Levels along Truck Access Route under Existing Conditions ............ 3-59 Table 3-11 Modeled Traffic Noise Levels along Truck Access Route under Existing-Plus-Project Conditions .................................................................................................................................. 3-60 Ascent Environmental Table of Contents City of Fresno Rendering Plant Relocation Project iii Table 3-12 Net Change Modeled Traffic Noise Levels along Truck Access Route under Existing- Plus-Project Conditions ............................................................................................................. 3-61 Table 3-13 Representative Ground Vibration and Noise Levels for Construction Equipment ................ 3-62 Table 3-14 Intersection Level of Service Criteria ....................................................................................... 3-69 Table 3-15 Roadway Functional Class and Peak Hour LOS Thresholds ................................................... 3-70 Table 3-16 Peak Hour Intersection Level of Service – Existing Conditions .............................................. 3-75 Table 3-17 Peak Hour Roadway Segment Level of Service – Existing Conditions ................................... 3-75 Table 3-18 Project Employee and Truck Trip Generation .......................................................................... 3-78 Table 3-19 Project Trip Distribution ............................................................................................................ 3-78 Table 3-20 Peak Hour Intersection Level of Service – Existing Plus Project Conditions ......................... 3-79 Table 3-21 Peak Hour Roadway Segment Level of Service – Existing Plus Project Conditions .............. 3-80 Table 3-22 Peak Hour Intersection Level of Service – Cumulative Plus Project Conditions ................... 3-80 Table 3-23 Peak Hour Roadway Segment Level of Service – Cumulative Plus Project Conditions ........ 3-81 Table 3-24 Peak Hour Intersection Level of Service – Cumulative Plus Project Conditions (Mitigated) .................................................................................................................................. 3-82 Table of Contents Ascent Environmental City of Fresno iv Rendering Plant Relocation Project ACRONYMS AND ABBREVIATIONS AB Assembly Bill ADT average daily trips ATC Authority to Construct BACT best available control technology BMPs best management practices BPS best performance standards Btu British thermal units CAA Clean Air Act CAAA federal Clean Air Act Amendments of 1990 Caltrans California Department of Transportation CARB California Air Resources Board CBC California Building Code CCAA California Clean Air Act CEQA California Environmental Quality Act City City of Fresno CNEL community noise equivalent level CO carbon monoxide County County of Fresno CUP conditional use permit Darling Darling Ingredients Inc. dB decibels DTSC California Department of Toxic Substances Control EIR environmental impact report EPA U.S. Environmental Protection Agency ESA Phase I environmental site assessment FAX Fresno Area Express FCRTA Fresno County Rural Transit Agency FEMA Federal Emergency Management Agency FID Fresno Irrigation District FMFCD Fresno Metropolitan Flood Control District FOG fats, oils, and grease Fresno COG Fresno Council of Governments Fresno GP MEIR City of Fresno General Plan and Development Code Update Master Environmental Impact Report FTA Federal Transit Administration FYI Fresno Yosemite International Airport GPA general plan amendment gpd gallons per day HCM Highway Capacity Manual HSC Health and Safety Code IH Industrial-Heavy in/sec inches per second IPaC Information, Planning, and Conservation System Ascent Environmental Table of Contents City of Fresno Rendering Plant Relocation Project v IS/ MND Initial Study/ Mitigated Negative Declaration kVA kilovolt-ampere lbs pounds Ldn day-night average sound level Leq equivalent continuous sound level Lmax maximum sound level LOS level of service Lv root mean square velocity Lx noise level exceeded X percent of a specific period of time MBTA Migratory Bird Treaty Act MEIR Master Environmental Impact Report mg/L milligrams/liter MGD million gallons per day MTC02e metric ton of carbon dioxide eqivalent MS4s Municipal Separate Storm Sewer Systems NAHC Native American Heritage Commission NOP notice of preparation NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System NSR New Source Review OPR Governor’s Office of Planning and Research PG&E Pacific Gas & Electric PI Public and Institutional PM particulate matter PPV peak particle velocity PRC Public Resources Code ROG reactive organic gases RWQCB Regional Water Quality Control Board RWRF regional wastewater reclamation facility SB Senate Bill SDMP Storm Drainage Master Plan sf square feet SJVAB San Joaquin Valley Air Basin SJVAPCD San Joaquin Valley Air Pollution Control District SOI sphere of influence SOx sulfur oxides SPCC spill prevention control and countermeasures SSJVIC Southern San Joaquin Valley Information Center SWPPP Stormwater Pollution Prevention Plan SWRCB State Water Resources Control Board TCRs tribal cultural resources TDF travel demand forecasting TIZ-I Traffic Impact Zone I TIZ-II Traffic Impact Zone II Table of Contents Ascent Environmental City of Fresno vi Rendering Plant Relocation Project TIZ-III Traffic Impact Zone III TIZ-IV Traffic Impact Zone IV tpy tons per year TSS total suspended solids USDOT U.S. Department of Transportation USFWS U.S. Fish and Wildlife Service VdB vibration decibels VMT vehicle miles traveled City of Fresno Rendering Plant Relocation Project 1-1 1 INTRODUCTION 1.1 INTRODUCTION AND REGULATORY GUIDANCE This Initial Study/ Mitigated Negative Declaration (IS/MND) has been prepared by the City of Fresno to evaluate potential environmental effects resulting from proposed relocation and expansion of the existing rendering facility located on Belgravia Road between Church Avenue and E Street. The project would relocate the facility from its current location, just southwest of downtown, to a 40-acre site near the Fresno- Clovis Regional Wastewater Treatment Plant (WWTP) and expand its permitted processing limits from 850,000 pounds per day to a permitted maximum of 10 million pounds per week. The project would require a general plan amendment (GPA) to change the General Plan land use designation of the receiving site from Public Facility to Heavy Industrial, and a rezone of the same property from Public and Institutional (PI) to Industrial-Heavy (IH). Section 2 “Project Description” presents the detailed project information. This document has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). An initial study is prepared by a lead agency to determine if a project may have a significant effect on the environment (State CEQA Guidelines Section 15063[a]), and thus to determine the appropriate environmental document. In accordance with State CEQA Guidelines Section 15070, a “public agency shall prepare…a proposed negative declaration or mitigated negative declaration…when: (a) The Initial Study shows that there is no substantial evidence…that the project may have a significant impact on the environment, or (b) The Initial Study identifies potentially significant effects but revisions to the project plans or proposal are agreed to by the applicant and such revisions would reduce potentially significant effects to a less-than-significant level.” In this circumstance, the lead agency prepares a written statement describing its reasons for concluding that the project would not have a significant effect on the environment and, therefore, does not require the preparation of an Environmental Impact Report (EIR). By contrast, an EIR is required when the project may have a significant environmental impact that cannot clearly be reduced to a less-than-significant effect by adoption of mitigation or by revisions in the project design. 1.2 WHY THIS DOCUMENT? As described in the environmental checklist (Chapter 3), the project would not result in any unmitigated significant environmental impacts. Therefore, an IS/MND is the appropriate document for compliance with the requirements of CEQA. This IS/MND conforms to these requirements and to the content requirements of State CEQA Guidelines Section 15071. Under CEQA, the lead agency is the public agency with primary responsibility over approval of the project. The City of Fresno is the CEQA lead agency because it is responsible for approving the proposed rendering plant relocation. The purpose of this document is to present to decision-makers and the public information about the environmental consequences of implementing the project. This disclosure document is being made available to the public for review and comment. This IS/MND will be available for a 30-day public review period from September 7, 2017 to October 9, 2017. Supporting documentation referenced in this document is available for review at: Development and Resource Management 2600 Fresno St, Room 3065 Fresno, CA 93721 Introduction Ascent Environmental City of Fresno 1-2 Rendering Plant Relocation Project Comments should be addressed to: Mike Sanchez, AICP, MCRP, Assistant Director Development and Resource Management 2600 Fresno St, Room 3065 Fresno, CA 93721 E-mail comments may be addressed to: Mike.sanchez@fresno.gov If you wish to send written comments (including via e-mail), they must be postmarked by October 9, 2017. After comments are received from the public and reviewing agencies, the City may (1) adopt the MND and approve the project; (2) undertake additional environmental studies; or (3) abandon the project. If the project is approved and funded, the project proponent may proceed with the project. 1.3 SUMMARY OF FINDINGS Chapter 3 of this document contains the analysis and discussion of potential environmental impacts of the project. Based on the analysis of relevant issues, it was determined that the project would have either no impact or less-than-significant impacts for most of the issue areas identified in the Environmental Checklist, included as Appendix G of the State CEQA Guidelines. These include the following issue areas:  agricultural resources  geology and soils  land use and planning  mineral resources  population and housing  public services  recreation  utilities and service systems  mandatory findings of significance Potentially significant impacts were identified for aesthetics, air quality, biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, noise, and traffic; however, mitigation measures included in the IS/MND would reduce all impacts to less-than- significant levels. 1.4 ENVIRONMENTAL PERMITS In addition to approval of requested City entitlements, the project would require permits from the California Department of Food and Agriculture, County of Fresno Department of Public Health, US Environmental Protection Agency (EPA), the State Water Resources Control Board, the San Joaquin Valley Air Pollution Control District, and the City of Fresno. These permits are described in Section 2 “Project Description.” 1.5 DOCUMENT ORGANIZATION This IS/MND is organized as follows: Chapter 1: Introduction. This chapter introduces the environmental review process. It describes the purpose and organization of this document and presents a summary of findings. Ascent Environmental Introduction City of Fresno Rendering Plant Relocation Project 1-3 Chapter 2: Project Description and Background. This chapter describes the background of the proposed project and provides a detailed description of the project characteristics. Chapter 3: Environmental Checklist. This chapter presents an analysis of a range of environmental issues identified in the CEQA Environmental Checklist and determines for each if project actions would result in no impact, a less-than-significant impact, a less-than-significant impact with mitigation incorporated, or a potentially significant impact. If any impacts were determined to be potentially significant, an EIR would be required. For this project, however, none of the impacts were determined to be significant after implementation of mitigation measures. Chapter 4: References. This chapter lists the references used in preparation of this IS/MND. Chapter 5: List of Preparers. This chapter identifies report preparers. Introduction Ascent Environmental City of Fresno 1-4 Rendering Plant Relocation Project This page intentionally left blank. City of Fresno Rendering Facility Relocation Project 2-1 PROJECT DESCRIPTION The City of Fresno is considering a general plan amendment (GPA) and rezone of approximately 40 acres of land adjacent to the City’s wastewater treatment plant to accommodate relocation of the Darling Ingredients, Inc. rendering facility from a more urban location in the city. The project, including necessary entitlements and other approvals, is described in detail below. PROJECT LOCATION AND SETTING 2.1.1 Location and Physical Setting The project site is located within the city limits, but not within the city proper; the site is located just east of the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF) within a large island of incorporated, City-owned property along West Jensen Avenue. The site consists of 40 acres of land used for row crop cultivation (currently alfalfa). This land is located within a 3,200-acre area of incorporated land and is separated from the rest of the city by over 2 miles (Exhibit 2-1). The project site is located between the RWRF and a PG&E substation at the southwest corner of South Cornelia Avenue and West Jensen Avenue. The RWRF treatment facilities occupy 180 acres (located adjacent to the western boundary of the project site) and percolation ponds occupy an additional 1,700 acres. Most of the area surrounding the project site is in agricultural use (vineyards, orchards, and various row crops). A few agricultural residences are in the vicinity; the nearest two residences are approximately 1,200 feet northeast of the site and 1,300 feet southeast of the site, both on the east side of South Cornelia Avenue. (Exhibit 2-2). The northwest corner of the project site is not cultivated, but the ground is disturbed. There are no structures on the site, except for two metal-lattice electrical transmission towers supporting overhead power lines that bisect the site in an east-west direction. 2.1.2 Land Use Designations and Zoning The project site is currently designated “Public Facility” in the Fresno General Plan (Exhibit 2-4) and zoned “Public and Institutional” (PI) (Exhibit 2-5). The Public Facility designation applies to public facilities such as City and County buildings, schools, colleges, municipal airports, hospitals, fire and police stations, recycling centers, sewage treatment plants, parks, trails, recreational centers, and golf courses. Consistent with the General Plan designation, the PI zone allows public or quasi-public facilities, including City facilities, utilities, schools, health services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted by right. Project Description Ascent Environmental City of Fresno 2-2 Rendering Facility Relocation Project Exhibit 2-1 Project Vicinity Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-3 Exhibit 2-2 Project Site City of Fresno Rendering Facility Relocation Project 2-4 Exhibit 2-3 Preliminary Site Plan City of Fresno Rendering Facility Relocation Project 2-5 Exhibit 2-4 Land Use Project Description Ascent Environmental City of Fresno 2-6 Rendering Facility Relocation Project PROJECT CHARACTERISTICS 2.2.1 Project Background RENDERING PLANT The existing Darling Ingredients Inc. facility is located on a 5.22-acre parcel on Belgravia Road between Church Avenue and E Street in the southwest area of the city. The facility was constructed and began operation in 1956 as a slaughterhouse and beef packing company, with limited rendering (i.e., processing of animal products for reuse) operations. Rendering gradually expanded, packing operations phased out and the rendering plant site was annexed to the city in 1971. Over the last 60 years, non-industrial urban uses were developed in the surrounding area such that residential neighborhoods are now within one-quarter mile of the rendering plant (City of Fresno 2016) with homes as close as 800 feet from the rendering plant structures. The existing Darling facility is a food processing byproduct conversion operation that collects and processes raw material (primarily beef fat, bone, and offal) into proteins and fats that can be beneficially used as ingredients in food, fertilizer, feed, and fuel. The conversion process has the potential to generate odor which is managed through an odor abatement system. Evaporated moisture from the conversion process is condensed, pretreated, and discharged to the RWRF. Air emissions from the process, including but not limited to the boiler system and odor abatement system, are regulated and permitted by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The facility currently employs 38 people and is permitted to process as much as 850,000 pounds of material per day in accordance with a SJVAPCD Permit. The facility's major sources of raw materials include Cargill, Harris Ranch Beef, and other sources. Most raw materials are shipped from within 200 miles of the existing facility. The City is considering the relocation of this heavy industrial facility away from the residential neighborhoods that have been developed near the existing facility subsequent to its establishment. Darling has indicated a willingness to relocate to another suitable site in the city. 2.2.2 Project Elements The project would relocate the Darling facility from its current location on Belgravia Ave just southwest of downtown to the new 40-acre site near the RWRF and expand its current permitted processing limits from 850,000 pounds per day to a permitted maximum of 10 million pounds per week. The project would require a GPA to change the General Plan land use designation of land from Public Facility to Heavy Industrial, and a rezone of the same property from PI to Industrial-Heavy (IH). The proposed Darling facility would also require a conditional use permit (CUP) to operate within the IH zone. The project, including necessary entitlements and other approvals, is described in detail below. The preliminary site plan drawing is shown below in Exhibit 2-3 and the General Plan and Zoning are shown in Exhibits 2-4 and 2-5, respectively. The location of the existing rendering facility is shown in Exhibit 2-6. Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-7 Exhibit 2-5 Zoning Project Description Ascent Environmental City of Fresno 2-8 Rendering Facility Relocation Project Exhibit 2-6 Existing Rendering Plant Location Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-9 PROJECT ENTITLEMENTS Discretionary approvals and permits are required by the City for implementation of the project. The project would require the following discretionary approvals and actions, including:  General Plan Amendment,  Rezone, and  Conditional Use Permit. Subsequent ministerial actions would be required for implementation of the project including issuance of grading and building permits. PERMITS AND LICENSES Like the existing rendering plant, the permits, licenses, and plans listed in Table 2-1 below may be required from other agencies for operation of the relocated facility. Table 2-1 Required Permits and Licenses for the Darling Facility Permit/Licenses Agency/Entity Licensed Renderer California Department of Food and Agriculture Inedible Kitchen Grease Renderer California Department of Food and Agriculture Unified Program Facility Permit County of Fresno Department of Public Health Spill Prevention Control and Countermeasure Plan US Environmental Protection Agency Stormwater Pollution Prevention Plan California State Water Resources Control Board Air Permit San Joaquin Valley Air Pollution Control District Wastewater Discharge Permit Regional Water Quality Control Board Source: Darling 2017 RESPONSIBLE AND TRUSTEE AGENCIES In addition to approvals from the City, the project would require permit issuance and other discretionary approvals from other agencies. These agencies would serve as responsible and trustee agencies pursuant to CEQA Guidelines Section 15381 and Section 15386, respectively. This document provides the necessary environmental information for discretionary actions by these agencies. These agencies may include, but are not limited to, the following:  California Department of Transportation (Caltrans),  California State Water Resources Control Board (SWRCB),  San Joaquin Valley Air Pollution Control District (SJVAPCD), or  County of Fresno. Actions that are necessary to implement the project that must be taken by other agencies are:  Issuance of Encroachment Permits – Caltrans and County of Fresno;  Obtain coverage under the State General Stormwater Permit – SWRCB; and  Issuance of an Authority to Construct Permit – SJVAPCD. Project Description Ascent Environmental City of Fresno 2-10 Rendering Facility Relocation Project RENDERING PLANT RELOCATION Operation The industrial activities related to the project would be similar to those of the existing Darling facility, and would include an increase in processing capacity. The new plant would continue to serve area businesses including packers, restaurants, food service establishments, butchers, and grocers in the production of animal and vegetable derived fats and proteins for use as ingredients in food, feed, fertilizer, and fuel. The primary industrial activities at the facility would include:  raw material collection,  conversion of raw materials,  storage of finished products,  shipment of finished products, and  fleet-related activities. Darling anticipates that the relocated operation would process up to 10 million pounds of food processing byproducts on a weekly basis. The anticipated daily production rate could reach 2 million pounds or more but would be limited on a weekly basis by the permitted maximum. The primary operational goal is to process raw materials as quickly as possible. This focus helps improve operational efficiency and the quality of finished products, while at the same time limiting the odor potential. Limited outdoor staging of raw materials is sometimes necessary when inflow of raw materials exceeds processing rates or when there are plant malfunctions. Wastewater Pretreatment All the wastewater generated at the facility (a portion of which may include stormwater) would pass through a primary treatment system before being discharged to the RWRF. The primary treatment system would likely consist of a screening step, settling tank with skimmer, an equalization tank, and a dissolved air flotation system. This pretreatment step is designed to reduce the loading of solids, organic matter, and fat, oil, and grease to the RWRF. Despite the performance of the primary treatment system, certain levels of nutrients, soluble organic matter, and other pollutants would be discharged to the RWRF for further treatment. Table 2-2 below provides a summary of the predicted loading to the RWRF. The wastewater discharges from the Darling facility to the RWRF would be compliant with City’s sewer ordinance. Table 2-2 Anticipated Flow and Loading Ranges Hydraulic Flow (gallons/day)1 Ammonia (lbs/week) 2 BOD5 (lbs/week) 3 TSS (lbs/week) 4 FOG (lbs/week) 5 250,000-350,000 18,750–26,250 125,000–175,000 6,250–8,750 8,750–12,250 Notes: 1. Conservatively assumes weekly permitted volume is produced over 6 days. 2. Average concentration of 1,500 milligrams/liter (mg/L) with the flow ranges in the table above. 3. Average concentration of 10,000 mg/L with the flow ranges in the table above. 4. Average concentration of 750 mg/L with the flow ranges in the table above. 5. Average concentration of 500 mg/L (City Ordinance Limit) with the flow ranges in the table above. 6. Loading can be seasonally influenced. lbs = pounds BOD = biochemical oxygen demand TSS = total suspended solids FOG = fats, oils, and grease Source: Darling 2017 Hours of Operation and Fleet Activities Raw materials to be converted would be collected and delivered to the facility for processing 6 to 7 days per week. Processing would typically begin on Monday and run through Saturday or as needed Sunday. Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-11 The collection routes and delivery schedules would be variable and would likely change day to day depending on the work schedules of the byproduct generators. Raw materials would be delivered to the facility by way of Darling-owned trucks, contract haulers, and customer-owned trucks. The rendering process would be continuous and would typically operate 24 hours per day, 6 to 7 days per week. Delivery schedules would be relatively stable with only limited seasonal fluctuations. The fleet would include, but would not be limited to, barrel trucks, pump trucks, end dumps, hopper trailers, and tankers (see Table 2-3 below for details). The types and numbers of vehicles would vary based on customer needs, type of service being provided, and economic conditions, but it is anticipated that project operation would use an average of 75 trucks per day, or 150 truck trips per day. The equipment used in the collection and delivery of these of raw materials to the facility would be maintained in good operating condition and travel in a closed/covered condition, consistent with industry standards. Table 2-3 Anticipated Darling Vehicle Types1 Vehicle Estimated Capacity Fat and Bone (End Dumps) 15,000 to 45,000 lbs Raw Material (Trailers) Legal Load Limit Used Cooking Oil (Barrel Trucks) 3,000 to 3,500 gal Used Cooking Oil (Tank Trucks) 3,500 to 5,000 gal Finished Fat (Tankers) 6,000 gal Finished Meal (Hopper Trucks) 25 ton Miscellaneous Plant Vehicles (fork lifts, man lifts, pickup trucks, yard trucks, front end loaders, etc.) N/A Notes: 1. This does not include contract hauler or customer-owned trucks. lbs = pounds gal = gallons Source: Darling 2017 A truck shop and a fueling station would be located on-site. The fueling station would include a double- walled tank that is self-contained. Spill Prevention The potential for spills would be reduced through the management of Spill Prevention Control and Countermeasures (SPCC). The SPCC would be managed in accordance with the requirements of Title 40 Code of Federal Regulations (CFR) 112, Oil Pollution Prevention. Air Quality The project would require an Authority to Construct (ATC) permit from SJVAPCD. This ATC would require that Darling maintain and operate only state-of-the-art odor abatement technology, which would need to meet the Best Available Control Technology standards established by SJVAPCD. Details of an Odor Control Plan would be developed once the terms and conditions of the subject permit were defined. The ATC would also address combustion emissions associated with the facility boiler system. Design and Appearance The project would include a total of five buildings—the rendering plant (26,700 square feet [sf]), a meal area loadout (2,400 sf), a truck shop (8,000 sf), a maintenance shop (4,000 sf), and an office building (3,500 sf)—with a total floor area of approximately 44,600 sf, which is approximately 16,800 sf larger than the existing facility. Project Description Ascent Environmental City of Fresno 2-12 Rendering Facility Relocation Project Excluding equipment (discussed below), typical building height would be approximately 28 feet with a maximum building height of 45 feet. The conversion facility would be a concrete pre-cast building, and the other three buildings would include metal, brick, or block veneer. The tallest equipment would include two new 60-foot protein storage silos. Landscaping and Lighting The project would include green areas and landscaping per the City code. Treated non-potable water from the RWRF may be used for irrigation. The project would include exterior lighting for nighttime operation and parking lot security. A lighting plan would be prepared for review and approval by the City. Vehicular Access Two dedicated access points would be provided for the site. Jensen Avenue would serve as the dedicated truck route, and all trucks would access the project site from Jensen Avenue. (See Exhibit 2-7) Employees and sales calls would access the site via Cornelia Avenue. Parking The proposed parking lot would include up to 36 spaces for employees and visitors. This is exclusive of the truck parking needed for raw material trucks which must be segregated to avoid contaminating the raw material. Infrastructure and Utilities Drainage The project would add up to 10 acres of impervious surface to the site. Stormwater from these areas would sheet flow into grassy areas, which would function as bio filters to remove sediment from stormwater. Stormwater management would be addressed in the final site plan development. Stormwater Quality Management The proposed Darling facility would manage stormwater quality through a Stormwater Pollution Prevention Plan (SWPPP) in accordance with the requirements of the SWRCB and would comply with City standards for stormwater management. Utilities The estimated demand for City-supplied water would be 75,000 gallons per day of potable water. Use of non-potable water would be on an as-needed basis. The facility would use air cooled condensing as part of the conversion process. The demand for natural gas is estimated to be up to 150 million British thermal units (Btu) per hour; however, it is estimated that at least 18 percent of this demand would be supplied by conditioned gas, produced from the waste methane generated by the RWRF. It is anticipated that one 4,000 kilovolt-ampere (kVA) transformer would be needed to support the demand for electricity. The project includes extension of utilities from nearby off-site locations. Please see Exhibit 2-8 for the locations of these off-site utilities extensions. Employment Approximately 60 to 70 full-time employees would work at the facility (23 new positions would be required as a result of the operational expansion). The facility would operate in three shifts with three production shifts and one maintenance shift. It is expected that there would be a maximum of 25 employees on site per shift. Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-13 Exhibit 2-7 Truck Route Project Description Ascent Environmental City of Fresno 2-14 Rendering Facility Relocation Project Exhibit 2-8 Off-Site Facilities Ascent Environmental Project Description City of Fresno Rendering Facility Relocation Project 2-15 Project Construction Project construction would include five primary phases: grading and site preparation; utility installation and connection; roadway, driveway, and parking lot construction; building construction and equipment installation; and landscape installation. Construction equipment would vary by phase, but the entire construction process would include operation of the following types of equipment: graders, dozers, excavators, scrapers, water trucks, cranes, forklifts, generators, pavers, rollers, welders, and air compressors. The construction staging area would be located on-site. Construction would take place during typical daytime hours, between 6:00 a.m. and 9:00 p.m., Monday through Friday, and 7:00 a.m. and 5:00 p.m., Saturday and Sunday. Depending on the phase of construction, there could be up to 50 construction workers on site on a given day. Off-site construction would be limited to connection to the existing natural gas line and recycled water line, both located west of the site within the Jensen Avenue right of way, connection to the conditioned gas pipeline located southwest of the site on the RWRF property, and construction of and connection to a new potable water well and new sewer manhole, both located west of the site on the RWRF property. (See Exhibit 2-8.) The following dust control measures are included as part of the project to comply with SJVAPCD Regulation VIII. These measures would become conditions upon approval of the project.  All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover.  All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant.  All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.  When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained.  All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.  Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.  An owner/operator of any site with 150 or more vehicle trips per day, or 20 or more vehicle trips per day by vehicles with three or more axles shall implement measures to prevent carryout and trackout. Existing Rendering Plant Removal and Future Use of the Property The existing rendering plant would cease operations at its current location within six months after the new plant site is fully permitted and operational. The existing equipment would be dismantled and silos would be removed within one year after the new plant site is fully permitted and operational. No structure demolition is proposed. Deed restrictions would be recorded prohibiting the use of the existing rendering plant site for future use as a rendering plant with the City of Fresno as a third-party beneficiary to the restriction. Potential future land uses that could locate on the existing rendering plant site are unknown at this time (except that a rendering plant use would not be allowed). Because it is unknown, future use of the existing rendering plant site is not evaluated in this CEQA document. Any future use proposed for the site would be subject to review under CEQA. Project Description Ascent Environmental City of Fresno 2-16 Rendering Facility Relocation Project This page intentionally left blank. City of Fresno Rendering Plant Relocation Project 3-1 ENVIRONMENTAL CHECKLIST PROJECT INFORMATION 1. Project Title: Rendering Plant Relocation Project 2. Lead Agency Name and Address: City of Fresno, Development and Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721 3. Contact Person and Phone Number: Mike Sanchez, AICP, MCRP, Assistant Director, (559) 621-8040 4. Project Location: 5449 West Jensen Avenue, Assessor’s Parcel Numbers (APN) 32703041T and 32703038T 5. Project Sponsor’s Name and Address: City of Fresno (2600 Fresno Street, Third Floor, Fresno, CA 93721) and Darling Ingredients Inc., 251 O’Connor Ridge Blvd, Suite #300, Irving, TX 75038 6. General Plan Designation: Public Facility 7. Zoning: Public and Institutional 8. Description of Project: The project includes relocating the Darling Ingredients, Inc. rendering facility from its current location on Belgravia Ave, just southwest of downtown, to the undeveloped, 40-acre, City-owned parcel east of the existing Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF). The facility would expand its peak daily processing operation from approximately 850,000 pounds to approximately 2 million pounds, consistent with the proposed permitted volume of up to 10 million pounds per week. The project site would require a Conditional Use Permit (CUP), as well as a General Plan Amendment (GPA) and Rezone from the existing “Public Facility” land use designation and “Public and Institutional” zoning classification to a “Heavy Industrial” land use designation and “Industrial-Heavy” zoning classification. 9. Surrounding Land Uses and Setting: The project site is located between the RWRF and a Pacific Gas &Electric (PG&E) substation on West Jensen Avenue. RWRF treatment facilities occupy 180 acres (located adjacent to the western boundary of the project site) and percolation ponds occupy an additional 1,700 acres. Most of the area surrounding the project site is in agricultural use (vineyards, orchards, and various row crops). A few agricultural residences are in the vicinity; the nearest two residences are located approximately 1,200 feet northeast of the site and 1,300 feet southeast of the site, both on the east side of South Cornelia Avenue. Environmental Checklist Ascent Environmental City of Fresno 3-2 Rendering Plant Relocation Project 10: Other public agencies whose approval is required:  California Department of Transportation (Caltrans)  California Regional Water Quality Control Board (RWQCB), Central Valley Region  San Joaquin Valley Air Pollution Control District (SJVAPCD)  County of Fresno Actions necessary to implement the project that must be taken by other agencies are:  Issuance of Encroachment Permits – Caltrans and County of Fresno  Obtain coverage under the General Stormwater Permit – RWQCB  Indirect Source Review (Rule 9510) Compliance – SJVAPCD ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance None with Mitigation Environmental Checklist Ascent Environmental City of Fresno 3-4 Rendering Plant Relocation Project EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less-than-Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-5 AESTHETICS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. Aesthetics. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Environmental Setting The project site is located west of the urbanized area of Fresno in a topographically flat area characterized mostly by farmland. Land uses surrounding the project site include orchards and row crops across West Jensen Avenue to the north of the site, a PG&E substation to the east of the site (characterized by rows of metal poles, electrical wires, and other electrical equipment), the Fresno-Clovis RWRF to the west of the site (characterized by paved parking areas, small maintenance buildings, and landscape trees and shrubs), and row crops to the south of the site. Exhibit 3-1 shows the typical view of the project site from Jensen Avenue, as well as the view of the electrical substation from Jensen Avenue. Exhibit 3-2 shows a closer view of the electrical substation and also shows the existing rendering facility on Belgravia Avenue. The 40-acre project site is flat and consists primarily of actively cultivated row crops. The northwest corner of the site is not cultivated, but the soil has been disturbed. There are no structures on the project site, except for two steel towers supporting high tension power lines, which bisect the site in an east-west direction. Because the project area is dominated by agricultural land, the visual character of the project site is not considered unique or distinctive. The City of Fresno General Plan Master Environmental Impact Report (MEIR) defines a scenic vista as a “viewpoint that provides a distant view of highly valued natural or man‐made landscape features for the benefit of the general public;” the MEIR further indicates that typical scenic vistas are locations where views of rivers, hillsides, and open space areas can be obtained as well as locations where valued urban landscape features can be viewed in the distance. According to the MEIR, the City has not identified or designated scenic vistas, but the MEIR acknowledges that scenic vistas may be present in certain areas, such as views of the San Joaquin River along the northern boundary of the City of Fresno Planning Area (the boundary of the area evaluated by the MEIR and the foothills of the Sierra Nevada (City of Fresno 2014b:5.1-1). None of these features are distinctly visible from the project site. According to Caltrans, no officially designated State Scenic Highways, or eligible State Scenic Highways, are located in the vicinity of the project site (Caltrans 2017). Environmental Checklist Ascent Environmental City of Fresno 3-6 Rendering Plant Relocation Project View of the Project Site from Jensen Avenue View of the Project Site with Electrical Substation in Background Exhibit 3-1 Existing Views of the Project Site Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-7 View of Electrical Substation View of Existing Rendering Facility Exhibit 3-2 Views of Existing Facilities Environmental Checklist Ascent Environmental City of Fresno 3-8 Rendering Plant Relocation Project The project site is undeveloped and is, therefore, void of light and glare sources, which is also true of most of the surrounding agricultural properties. However, the surrounding electrical substation and RWRF use security lighting at night. Discussion a) Have a substantial adverse effect on a scenic vista? No impact. Views of the project site and project area are dominated by farmland. As described above under “Environmental Setting,” no features are visible from the project site that would constitute a “scenic vista” as defined by the MEIR. Therefore, the proposed development of the site with industrial facilities would not adversely affect a scenic vista. No impact would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No impact. The project would not result in removal of large trees, rock outcroppings, or historic buildings because none of these features occur on the project site. As described above under “Environmental Setting,” the project site is not located near a State Scenic Highway. Therefore, the project would result in no impact to these features. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less than significant impact. The visual character of the project site is dominated by farmland. Farmland surrounds the project site to the north and south. Electrical and wastewater facilities surround the site to the east and west, respectively. Because the project site is currently surrounded by electrical and wastewater facilities, development of the project site with industrial facilities would not substantially alter the visual character of the surrounding properties; however, the proposed development would substantially alter the visual character of the project site from primarily active farmland to industrial development. As mentioned above under “Environmental Setting,” the visual character of the project site is not unique or distinctive relative to the visual character of the surrounding region, which is also dominated by farmland. Furthermore, the project includes landscaping as well as large sections of undeveloped areas, which softens the industrial character. This impact would be less than significant because, although the project would substantially change the character of the project site, the change would not be a substantial degradation; the visual character of the site is not unique to the region and proposed landscaping and undeveloped areas would soften the industrial character of the site. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than significant with mitigation incorporated. Although not considered a major source of daytime glare, the project would add metal and other reflective surfaces associated with the rendering facilities and parked cars in the parking lot. These industrial facilities would also include exterior night lighting, including parking lot lighting, used during nighttime operation. The addition of reflective surfaces would increase daytime glare on the project site, which currently includes very few sources of daytime glare (existing power lines and metal power transmission structures may reflect sunlight at certain angles). However, because the project site is surrounded on two sides by facilities that include other glare sources (electrical facilities and parked vehicles), and because the project would not add a major source of daytime glare, the environmental effect would not be substantial. Similarly, although the project would add nighttime lighting to the project site where there is currently no lighting, the project site is surrounded on two sides by facilities that include Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-9 nighttime lighting; therefore, nighttime lighting is not new to the project vicinity. However, addition of nighttime lighting could result in skyglow and light pollution if light is cast in an upward direction. This would be a potentially significant impact. Mitigation Measure AES-1. A detailed lighting plan shall be developed, which demonstrates that all exterior lighting is directed downward and includes full shielding to minimize light pollution and to minimize light spillage onto adjacent properties. All lighting shall be consistent with International Dark Sky Standards (IDSS). The City’s Development and Resource Management will review and approve the lighting plan prior to issuance of building permits. Impact after Implementation of Mitigation Measure Implementation of Mitigation Measure AES-1 would minimize light pollution and skyglow potential by requiring all exterior lighting to be shielded and downward facing, which focuses light on the ground and away from the night sky. This would reduce the impact to a less-than-significant level. AGRICULTURE AND FOREST RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agriculture and Forest Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? Environmental Checklist Ascent Environmental City of Fresno 3-10 Rendering Plant Relocation Project ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agriculture and Forest Resources. d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Environmental Setting The Fresno region is characterized as a mature agricultural area, with a well‐defined pattern of farming activities. Much of the land under agricultural operation is devoted to relatively stable crops such as orchards and vineyards. The primary crops within Fresno County include fruits and nuts, livestock and poultry, vegetable crops, and field crops. The California Department of Conservation Important Farmland classifications recognize the suitability of land for agricultural production by considering physical and chemical characteristics of the soil. Important Farmland classifications consist of: Prime Farmland, Farmland of Statewide Importance, Unique Farmland, and Farmland of Local Importance. Appendix G of the State CEQA Guidelines addresses direct conversion of agricultural land on Prime Farmland, Farmland of Statewide Importance, or Unique Farmland together under the term “Agricultural Land” (Public Resources Code [PRC] Sections 21060.1 and 21095 and State CEQA Guidelines Appendix G). The project site contains approximately 40 acres of Prime Farmland and Farmland of Statewide Importance, as designated under the Department of Conservation, Farmland Mapping and Monitoring Program (California Department of Conservation 2015). (See Exhibit 3-3.) The project site is used for the active cultivation of row crops (currently alfalfa). Much of the area near the project site is also in agricultural use (vineyards, orchards, and various row crops), and few agricultural residences are located in the vicinity. Discussion a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less than significant impact. The project would convert approximately 40 acres of Prime Farmland and Farmland of Statewide Importance to a non-agricultural use. The City’s General Plan designates the project site “Public Facility” in the Fresno General Plan (Exhibit 2-3) and zoned “Public and Institutional” (PI) (Exhibit 2-4). The Public Facility designation allows public facilities such as City and County buildings, schools, colleges, municipal airports, hospitals, fire and police stations, recycling centers, sewage treatment plants, parks, trails, recreational centers, and golf courses. As part of the General Plan Update process, the City’s MEIR evaluated the potential for future development associated with the General Plan to result in impacts related to conversion of important farmland to non-agricultural use. The General Plan identified policies to reduce potential impacts to farmland conversion, such as Policy RC-9-c, which mandates a preservation program when farmland is converted outside of the city limit (but inside the sphere of influence). This would primarily apply to annexations of land into the city. Because the project site is located within the city limit, Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-11 Exhibit 3-3 Farmland Mapping and Monitoring Program (FMMP) Designations Environmental Checklist Ascent Environmental City of Fresno 3-12 Rendering Plant Relocation Project Policy RC-9-c would not apply to the proposed project. The MEIR concluded that implementation of the General Plan would result in a significant impact related to farmland conversion and that no mitigation measures are available (beyond implementation of General Plan policies) to reduce the impact to a less- than-significant level. The MEIR ultimately concluded that the impact is significant and unavoidable (City of Fresno 2014b:p. 5.2-1). City Council reviewed the MEIR as part of its decision to approve the General Plan and adopted a statement of overriding considerations for all significant and unavoidable impacts, including the impact related to conversion of Important Farmland. CEQA states that if a development project is consistent with the general plan of a local agency and an environmental impact report was certified with respect to that general plan, the application of this division to the approval of that development project shall be limited to effects on the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report (PRC 21083.3[b]). See also CCR 15183. Although the project includes an amendment to the General Plan to allow the proposed industrial use, the amendment relates only to the type of development that occurs on the property and does not change the fact that the General Plan identified urban development (see list of allowed uses above) for the site, which was evaluated in the MEIR. Therefore, there are no issues related to farmland conversion that are peculiar to the site and which were not evaluated in the MEIR. The project would not result in additional impacts to Important Farmland beyond those evaluated and disclosed in the MEIR, and the impact is less than significant. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? No impact. The project site is not subject to a Williamson Act Contract (California Department of Conservation 2015). The project site is not designated or zoned for agricultural use. The project includes a General Plan Amendment and Rezone of approximately 40 acres designated “Public Facility” and zoned “Public and Institutional” to the “Heavy Industrial” land use designation and “Industrial Heavy” (IH) zoning classification. Therefore, there would be no impact relative to conflicts with agricultural zoning or Williamson Act contracts. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No impact. There is no forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)) on or near the project site. Thus, there would be no related zoning conflict and there would be no impact. d) Result in the loss of forest land or conversion of forest land to non-forest use? No impact. There is no forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)) on or near the project site. Thus, there would be no loss or conversion of forest land to non-forest use and there would be no impact. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-13 e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Less than significant impact. Adjacent land to the west is designated as “Public Facility” and does not currently support active agriculture. Adjacent land to the south and east, and north across West Jensen Avenue contains actively cultivated row crops. Those lands are designated Agriculture and Public Facility. Agricultural uses often involve application of pesticides, herbicides, and fertilizers, which may produce odors or may be perceived as hazardous by more sensitive land uses, such as schools and residences. Sometimes these perceived conflicts may result in complaints and, ultimately, sometimes limitations to the agricultural operations to reduce potential exposure of sensitive uses to odors and chemicals. However, because of the industrial nature of activities associated with the rendering facility, the facility is not considered a sensitive use that could be adversely affected by or conflict with agricultural operations. Also, because the rendering facility is not a major employment generating use, a major housing development, or a major regional visitor attraction, relocating the rendering facility to the project site would not increase development pressure in the vicinity and would consequently not result in indirect impacts related to farmland conversion. Thus, although the project site would be developed with a non-agricultural purpose, the project would not result in changes in the existing environment that could result in conversion of farmland to non-agricultural uses. This impact would be less than significant. AIR QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. Air Quality. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Environmental Checklist Ascent Environmental City of Fresno 3-14 Rendering Plant Relocation Project Environmental Setting The project site is in the City of Fresno, which lies within the San Joaquin Valley Air Basin (SJVAB) and is under the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). With respect to ozone, Fresno County is currently designated nonattainment for the 1-hour ozone California Ambient Air Quality Standard (CAAQS) and for the 8-hour ozone National Ambient Air Quality Standard (NAAQS) (CARB 2015). Fresno County is designated as nonattainment for the state PM10 (i.e., respirable particulate matter with an aerodynamic diameter of 10 micrometers or less) CAAQS and attainment for the national PM10 NAAQS, and the County is designated as nonattainment for the PM2.5 (i.e., fine particulate matter with an aerodynamic diameter of 2.5 micrometers or less) CAAQS and NAAQS (CARB 2015). Air quality within Fresno County is regulated by such agencies as the U.S. Environmental Protection Agency (EPA) and California Air Resources Board (CARB) at the federal and State levels, respectively, and locally by the SJVAPCD. SJVAPCD seeks to improve air quality conditions in Fresno County through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues. SJVAPCD’s clean air strategy includes the development of programs for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations, and issuance of permits for stationary sources. SJVAPCD also inspects stationary sources, responds to citizen complaints, monitors ambient air quality and meteorological conditions, and implements other programs and regulations required by the federal Clean Air Act (CAA), federal Clean Air Act Amendments of 1990 (CAAA), and the California Clean Air Act (CCAA). SJVAPCD has developed plans to attain CAAQS and NAAQS for ozone and particulate matter. The air quality plans include emissions inventories to measure the sources of air pollutants, to evaluate how well different control methods have worked and to show how air pollution will be reduced. The plans also use computer modeling to estimate future levels of pollution and make sure that the SJVAB will meet air quality goals. Further, SJVAPCD has established thresholds of significance for criteria air pollutant emissions, which are based on New Source Review (NSR) offset requirements for stationary sources. Using project type and size, SJVAPCD has pre-quantified emissions and determined a size below which it is reasonable to conclude that a project would not exceed applicable thresholds of significance. Based on SJVAPCD guidance, general heavy industry land use projects smaller than 920,000 square feet (sf) would not exceed applicable SJVAPCD-adopted thresholds or ambient air quality standards. For informational purposes, SJVAPCD thresholds of significance for CEQA analyses are:  reactive organic gases (ROG): 10 tons per year (tpy),  nitrogen oxides (NOX): 10 tpy,  particulate matter (PM10 and PM2.5): 15 tpy,  carbon monoxide (CO): 100 tpy, and  sulfur oxides (SOX): 27 tpy. Discussion a,b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation; conflict with or obstruct implementation of an applicable air quality plan? Less-than-significant impact. Project construction would include five primary phases: grading and site preparation; utility installation and connection; roadway, driveway, and parking lot construction; building construction and equipment installation; and landscape installation. Construction equipment would vary by phase, but the entire construction process would include operation of the following types of equipment: graders, dozers, excavators, scrapers, water trucks, cranes, forklifts, generators, pavers, rollers, welders, and Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-15 air compressors. Exhaust emissions would occur from the use of heavy-duty construction equipment, on- road vehicle, and fugitive dust would occur from earth movement activities. Operational activities related to the project would be similar to those of the existing rendering facility but would include an increase in processing capacity. Daily operations would increase from a processing capacity of 850,000 pounds per day to approximately 2 million pounds per day up to the maximum permitted 10 million pounds per week. The proposed expansion would result in 40 additional daily delivery truck trips and up to 23 new employees. The proposed facility floor area would total 44,600 sf, including a larger processing floor, stationary mechanical equipment (e.g., cooker, boiler, presser), and a truck shop/loading dock, approximately 16,800 sf larger than the existing facility. Emissions would be associated with mobile sources from worker commute and delivery trucks, as well as stationary sources from on-site processing equipment (e.g., rendering units, boilers, and generators). To evaluate increases in project-generated emissions, screening tables established by SJVAPCD for heavy industrial land uses were used. The screening tables are based on emissions modeling for typical industrial projects and account for both construction and operational emissions. Thus, the proposed heavy industrial land use of 44,600 sf would be substantially below the screening size of 920,000 sf, and the project would not exceed SJVAPCD thresholds of significance for criteria air pollutants or contribute substantially to the existing nonattainment status of the SJVAB. (The 273 total daily vehicle trips generated by the proposed rendering facility is also below the SJVAPCD screening level for trip generation, which is 1,506 daily vehicle trips for an industrial use.) In addition, all construction activities within the SJVAPCD jurisdiction are required to comply with Regulation VIII Control Measures during the construction phase. As described in the project description, the project would implement all applicable control measures during construction to reduce fugitive dust and exhaust emissions. These include watering of exposed surfaces twice daily, covering all haul trucks carrying dust or loose material, and cleaning dirt track-out from construction equipment daily. Further, SJVAPCD has rules in place that regulate stationary sources (e.g., boilers, diesel generators, and rendering facilities), that would require additional evaluation during the permitting process. SJVAPCD Regulation II applies to permitted emission sources (e.g., boilers, rendering facilities, generators) and includes rules such as New and Modified Stationary Source Review (Rule 2201), which would apply to the project (E. McLaughlin [SJVAPCD], personal communication, May 31, 2017). Through the permitting process, Rule 2201 requires that stationary source emissions are reduced or mitigated to below the SJVAPCD’s significance thresholds. Upon SJVAPCD review of the permit application for the proposed rendering facility, SJVAPCD would verify that there is no net increase in emissions above specified thresholds from New and Modified Stationary Sources for all nonattainment pollutants and their precursors. Given that the project is below the screening table limit for industrial land uses, would comply with Regulation VIII (minimizing construction-related emissions), and would be subject to stationary permit limits/requirements required by Rule 2201, project-generated emissions would not violate or contribute substantially to an existing or projected air quality violation or conflict with air quality planning efforts of the SJVAPCD. This impact would be less than significant. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less-than-significant impact. By its very nature, air pollution is largely a cumulative impact. Past, present and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. As explained in SJVAPCD’s Guide for Assessing and Mitigating Air Quality Impacts (2015), and consistent with CEQA, if a project’s contribution to the cumulative impact is considerable, then the project’s Environmental Checklist Ascent Environmental City of Fresno 3-16 Rendering Plant Relocation Project impact on air quality would be considered significant. In developing thresholds of significance for air pollutants, air districts consider the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. If the project: does not exceed the identified significance thresholds (for State or federal AAQS), combine with other proposed projects in the same area to exceed the thresholds, or cause a cumulative increase in CO or TAC, the project would not result in a considerable contribution to a cumulative air quality impact. Thus, because the project would not exceed SJVAPCD screening levels for small projects, as discussed above, because no other projects are proposed in the area in the near term, and because (as described below) the project would not exceed thresholds for CO or TACs, the project would not result in a cumulatively considerable net increase of any criteria pollutant. This impact would be less than significant. d) Expose sensitive receptors to substantial pollutant concentrations? Less-than-significant impact. As discussed in “b” above, project implementation would not result in emissions of criteria air pollutants or precursors from construction or operational-related activities that would exceed applicable thresholds of significance. Thus, project-generated criteria air pollutant and precursor emissions would not expose sensitive receptors to substantial pollutant concentrations. The project would result in short-term diesel exhaust emissions from on-site construction equipment. Operation of the rendering facility would result in truck trips (and associated diesel exhaust) as well as various pollutants emitted from the on-site stationary equipment. The project site is located adjacent to the existing RWRF along West Jensen Avenue. Surrounding land uses are primarily agriculture. A few agricultural residences are in the vicinity; the nearest two residences are located approximately 1,200 feet northeast of the site and 1,300 feet southeast of the site, both on the east side of South Cornelia Avenue. For construction activity, diesel PM is the primary TAC of concern. With regard to exposure of diesel PM, the dose to which receptors are exposed is the primary factor used to determine health risk. Dose is a function of the concentration of a substance or substances in the environment and the duration of exposure to the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher level of health risk for any exposed receptor. Thus, the risks estimated for an exposed individual are higher if a fixed exposure occurs over a longer period. According to the Office of Environmental Health Hazard Assessment (OEHHA), Health Risk Assessments, which are studies that determine the exposure of sensitive receptors to TAC emissions, should be based on a 70- or 30-year exposure period; however, such assessments should be limited to the period/duration of activities associated with the project (OEHHA 2012:11-3). As discussed previously, project-related construction emissions, including PM10 (a surrogate for diesel PM) would not exceed SVJAPCD significance thresholds and would not be substantial. Further, the construction phase would be relatively short (i.e., 18 to 24 months). Thus, considering that project emissions would not exceed SJVAPCD thresholds, the short duration of construction-related activities and the distance to nearby receptors (i.e., over 1,000 feet), project construction would not expose sensitive receptors to substantial pollutant concentrations. Operation of the rendering facility would include emissions from on-site stationary sources (e.g., boilers, generators) and diesel exhaust emissions from truck loading/unloading at the rendering facility. Regarding stationary sources, SJVAPCD Regulation II ensures that stationary source emissions will be reduced or mitigated to below applicable limits, thus not exposing existing sensitive receptors to substantial TAC concentrations. Regarding diesel exhaust from delivery trucks, the CARB has developed recommendations for siting new sensitive land uses such as residences near various TAC sources (CARB 2005). Based on this guidance, distribution centers would be similar sources to the loading/unloading activities that would take place at the rendering facility. CARB recommends that sensitive receptors should not be located within 1,000 feet of a distribution center that accommodates more than 100 trucks per day. Existing sensitive receptors are located as close as 1,200 feet from the new facility and operation would result in up to 75 truck trips per day at maximum capacity. Thus, project truck activity would be consistent with CARB Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-17 recommendations and would not expose nearby sensitive land uses to substantial concentrations of diesel PM. The project would relocate the existing facility from its current location, which is near a residential area of the city, to a much more rural area that is not close to highly populated areas. Thus, project-related construction and operation would not expose nearby sensitive receptors to substantial levels of pollutants and this impact would be less than significant. e) Create objectionable odors affecting a substantial number of people? Less than significant with mitigation incorporated. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. Although offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to distress and often generating citizen complaints to local governments and regulatory agencies. Odor emissions could result during construction and operation of the project. However, diesel exhaust from the use of heavy equipment during construction activities would be intermittent and temporary and would dissipate rapidly from the source with an increase in distance, so this discussion is focused on long-term operational odor sources. The proposed rendering facility could result in odor emissions from the various stages of raw material handling and processing operations that could affect nearby residences. SJVAPCD has established a screening-level distance of 1 mile for assessing odor impacts from these types of facilities (i.e., rendering facility) at nearby receptors. Complaints have been submitted to the City and SJVAPD regarding the existing rendering facility. Moving the rendering facility to a location that would expose fewer sensitive receptors to odors is one of the primary objectives of the project. There are currently hundreds of residences and several schools within one mile of the existing rendering plant, compared to the project site where fewer than 40 residences are located within one mile. Thus, relocation of the facility would result in a substantial decrease in the number of people that would be exposed to odors from project operation. In addition, the existing rendering facility includes some odor abatement equipment and processes; however, due to the age of the facility and equipment, the level of achievable odor abatement is less than the level that could be achieved by the proposed new facility with all new equipment and use of the latest technology (such as real-time odor detection and notification systems and mechanically controlled doors). The closest sensitive receptors to the project site are two residences located approximately 1,200 feet northeast of the site and 1,300 feet southeast of the site, both on the east side of South Cornelia Avenue. These residences are already located near the RWRF and are surrounded by agricultural operations, which involve application of fertilizer and other potentially odorous emissions. Therefore, these residences are currently exposed to some existing nuisance odors. In accordance with SJVAPCD permitting requirements (Rule 2201), stationary sources are required to maintain and implement odor control technology that meets SJVAPCD standard for Best Available Control Technology (BACT). As part of the proposed relocation, SJVAPCD would require a re-evaluation of existing permits and continue to require BACT requirements for controlling odors. Based on the existing Odor Control Plan (Appendix A), wet scrubbers and thermal oxidizers are currently used to control odor emissions. Upon SJVAPCD review of the new facility location, similar or more advanced odor control technology would be required. Further, as a component of the odor control plan that would be required by SJVAPCD (similar to current operating requirements), an odor response component would be included that requires odor complaints be reported by the plant manager to SJVAPCD and correct any equipment failures per SJVAPCD Rule 1100. It is likely that, because the project would include new equipment and would be required to incorporate BACT requirements, odor emission from the proposed facility would not substantially affect residences in the vicinity. However, City’s General Plan MEIR includes Mitigation Measure (MM) AQ-4 which requires projects that could result in exposure of sensitive receptors to odors (including rendering facilities located within 1 mile of sensitive receptors) to prepare an odor management plan for approval by the City that minimizes Environmental Checklist Ascent Environmental City of Fresno 3-18 Rendering Plant Relocation Project impacts to a less-than-significant level (City of Fresno 2014:p. 5.3-64). Therefore, without preparation of such a plan, the project could result in a potentially significant impact. Mitigation Measure AIR-1. The project proponent shall retain a qualified air quality specialist to prepare an odor management plan. This odor management plan will include measures to minimize the potential for substantial odor increase at residences within one mile of the project site. These measures will include those measures in the Odor Control Plan to be submitted to SJVAPCD as part of the permit requirements, but may include additional measures, if necessary, to minimize odor generation such that the potential for project-related odor complaints from existing residents would be reduced to the degree feasible. Such measures may include (but would not be limited to) mechanically operating doors, odor detection and notification system, other mechanical upgrades, and an odor monitoring and response plan, which would involve regular (at least annual) outreach to all residents within 1 mile of the project site to verify that project-related odor is not a nuisance. The plan shall identify appropriate response actions to correct any verified odor issues. Impact after Implementation of Mitigation Measure Implementation of Mitigation Measure AIR-1 would meet the General Plan MEIR mitigation requirements for potential odor generating uses, such as the project. This would reduce odor-related impacts of the project on sensitive receptors near the project site to a less-than-significant level. However, it is important to note that the project results in an overall beneficial impact related to odors by using all new equipment with advanced odor reducing technologies and moving the existing rendering operation away from a more densely populated area to a new location with fewer residences that are located farther away from the facility. BIOLOGICAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. Biological Resources. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-19 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. Biological Resources. Would the project: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Environmental Setting The 40-acre project site is located within an incorporated city-owned island of property, 2 miles east of the City of Fresno proper, that is surrounded by primarily agricultural land uses within unincorporated portions of western Fresno County, The RWRF and a PG&E substation are located directly west and east of the project site, respectively. The remaining adjacent properties are in irrigated row and field crops and orchards. Vegetation on the project site consists almost exclusively of cultivated alfalfa, except for a small portion of disturbed soil in the northwestern portion of the site that is characterized by weedy, nonnative, annual grasses and forbs commonly found in disturbed upland habitats in the region, such as ripgut brome (Bromus diandrus), common wild oat (Avena fatua), soft chess (Bromus hordeaceus), Russian thistle (Salsola tragus), sow thistle (Sonchus spp.), and bristly ox-tongue (Helminthotheca echioides). Alfalfa is an irrigated, perennial crop grown in rows, with open space between the rows. Alfalfa crops are subject to a moderate disturbance regime typically associated with farming activities and are generally cut once per month during the spring and summer growing season. Ornamental trees and shrubs (e.g., redwood, cork oak, olive, boxwood, and firethorn) line the northern boundary of the project site. There are no native plant communities present on or adjacent to the project site. A project access road to the site would cross an agricultural ditch running parallel to South Cornelia Avenue. The ditch is approximately 10 feet wide at the ordinary high-water mark. The channel and banks are maintained to be free of vegetation, but sparse cover of weedy annual plants is present. Small, planted redwood trees are present in a row along the west side of the ditch. The project site was previously graded and is almost completely flat with an elevation range of 250 to 253 feet above mean sea level. Soils on the project site are Atwater loamy sand, 0 to 3 percent slopes; Madera sandy loam; and Greenfield sandy loam, moderately deep, 0 to 3 percent slopes. These are primarily moderately coarse or coarse soils derived from granitic alluvium. These soils contain components that are mildly or moderately alkaline in some horizons, and components that are slightly or moderately acid to neutral. Vegetation in uncultivated and undisturbed portions of these soils typically consists of annual grasses and forbs, some shrubs, and scattered oaks. In general, the project site provides low value habitat for most wildlife species because of an overall lack of native vegetation and natural communities and a high level of disturbance from agricultural activities. Common wildlife species that are likely to be associated with the disturbed and cultivated habitats present on or immediately adjacent to the project site are species adapted to disturbed or urban environments, such as western fence lizard (Sceloporus occidentalis), mourning dove (Zenaida macroura), American crow (Corvus branchyrhychos), house finch (Carpodacus mexicanus), house sparrow (Passer domesticus), California ground squirrel (Spermophilus beechyi), black-tailed jackrabbit (Lepus californicus), and raccoon (Procyon lotor). Small mammals, such as Botta’s pocket gopher (Thomomys bottae), western harvest mouse (Reithrodontomys megalotis), and California meadow vole (Microtus californicus) may also be present and provide prey for a variety of raptor species likely to hunt in the area, including American kestrel (Falco sparverius), barn owl (Tyto alba), and red-tailed hawk (Buteo jamaicensis). Environmental Checklist Ascent Environmental City of Fresno 3-20 Rendering Plant Relocation Project SPECIAL-STATUS SPECIES A list of special-status species that could occur on the project site or immediate vicinity, provided suitable habitat conditions were present, was developed primarily through review of available background reports and biological resource databases, including California Natural Diversity Database (CNDDB) (2017) and California Native Plant Society (CNPS) Inventory (2017) records of previously documented occurrences of special-status species in the Biola, Herndon, Fresno North, Fresno South, Kearney Park, Kerman, Helm, Raisin, and Caruthers U.S. Geological Survey 7.5-minute quadrangles. The project site is located on the Kearney Park quadrangle. Exhibit 3-4 shows the location of special-status species occurrences recorded in the CNDDB that are within five miles of the project site. An official list of threatened and endangered species that may occur in or be affected by the project was obtained from the U.S. Fish and Wildlife Service (USFWS) Information, Planning, and Conservation System (IPaC) (USFWS 2017). The City of Fresno General Plan and Development Code Update Master Environmental Impact Report (Fresno GP MEIR) (City of Fresno 2014) was also reviewed for information about special-status species known to occur in the region. Special-status Plants The Fresno GP MEIR identified 11 special-status plant species as having potential to occur within the City Planning Area, and eight additional special-status plant species have been documented in the project region, according to CNDDB and CNPS records. Most of these species are restricted to vernal pools, alkaline sinks and flats, or other wetland habitats that do not occur in the project vicinity. Others are found in chenopod scrub or woodland habitats that also do not occur in the project vicinity. Because the entire project site has been altered by human activities and is subject to ongoing farming, vegetation management, and surface soil manipulation, there is no potential habitat for special-status plant species. Special-status Wildlife The Fresno GP MEIR identifies 17 special-status wildlife species as occurring in the City Planning Area and 29 additional wildlife species are documented in the CNDDB, IPaC, or by other sources, as occurring in the project region. Most of these species were eliminated from further evaluation in this document because they are restricted to particular habitat types (e.g., saltbush scrub, chaparral, woodland, vernal pools, streams and rivers, marsh, riparian woodland, and forest) that are not present on or adjacent to the project site or because the project site is outside of their known geographic range. Special-status wildlife species that have potential to be found in agricultural or ruderal habitats in the project area are evaluated further in Table 3-1. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-21 Exhibit 3-4 CNDDB Occurrences within 5-miles of the Project Site Environmental Checklist Ascent Environmental City of Fresno 3-22 Rendering Plant Relocation Project Table 3-1 Special-Status Wildlife with Potential to Occur in the Project Vicinity Species Listing Status1, 2 Habitat Potential for Occurrence on the Project Site2 Federal State Invertebrates Valley elderberry longhorn beetle Desmocerus californicus dimorphus T – Below 3,000 feet in elderberry shrubs, especially in elderberry within riparian habitats. Unlikely to occur; there are no elderberry shrubs on the project site. Amphibians and Reptiles Silvery legless lizard Anniella pulchra pulchra _ SC Valley grassland and saltbush scrub. Open, dry habitats with little or no tree cover. Needs mammal burrows for refuge and oviposition. Unlikely to occur; agricultural habitat is generally unsuitable and the ruderal habitat is not characteristic of habitats where this species is typically found. Coast horned lizard Phrynosoma blainvillii _ SC Open areas of sandy soil and low vegetation within grasslands, coniferous forests, woodlands, and chaparral. Generally, forages on the ground between shrubs and often near ant nests; depends on native ant colonies, especially harvester ants. Unlikely to occur; agricultural habitat is generally unsuitable for this species and the ruderal habitat is not characteristic of habitats where this species is typically found. California glossy snake Arizona elegans occidentalis _ SC Habitat generalist found in a variety of scrub and grassland habitats, often with loose or sandy soils. Unlikely to occur; regular agricultural disturbance makes the project generally unsuitable and this species has not been documented in the area since 1939. Western pond turtle Emys marmorata _ SC Permanent and nearly permanent waters, including ponds, lakes, marshes, slow- moving streams, rivers, sloughs, and irrigation canals/ditches with open bank areas, emergent vegetation, and logs or boulders for basking. Nests along the aquatic habitat shore or in adjacent uplands in sunny, open hillsides or fields, as long as appropriate soil moisture and warmth are present. Generally nest within 325 feet of aquatic habitat. Unlikely to occur; lack of permanent water and dredging and vegetation management in the agricultural ditch make it unsuitable for this species. Giant garter snake Thamnophis gigas T T Slow-moving streams, sloughs, ponds, marshes, inundated floodplains, rice fields, and irrigation/drainage ditches on the Central Valley floor with mud bottoms, earthen banks, emergent vegetation, abundant small aquatic prey and absence or low numbers of large predatory fish. Require adequate water supply through active season (early spring through late fall). Also require upland refugia not subject to flooding during the snake’s inactive season. Unlikely to occur due to lack of permanent water during the active season, dredging and vegetation management in the agricultural ditch, and isolation from known populations. The species’ current distribution is very fragmented with nine populations occurring in the following areas: Butte Basin, Colusa Basin, Sutter Basin, American Basin, Yolo Basin, Cosumnes-Mokelumne Watershed, Delta Basin, San Joaquin Basin, and Tulare Basin (USFWS 2012). The only remaining occupied area in the Tulare Basin is the Mendota Wildlife Area (USFWS 2012) located approximately 20 miles west of the project site. Birds Tricolored blackbird Agelaius tricolor (nesting colony) – C Forages in agricultural lands and grasslands; nests in marshes, riparian scrub, and other areas that support cattails or dense thickets of shrubs or herbs. Requires open water and protected nesting substrate, such as flooded, spiny, or thorny vegetation (Schuford and Gardali 2008: 439). Unlikely to nest; the agricultural land provides foraging opportunities, but there is no suitable nesting habitat on or near the project site. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-23 Table 3-1 Special-Status Wildlife with Potential to Occur in the Project Vicinity Species Listing Status1, 2 Habitat Potential for Occurrence on the Project Site2 Federal State Burrowing owl Athene cunicularia (burrow sites) – SC Nests and forages in grasslands, agricultural lands, open shrublands, and open woodlands with existing underground rodent burrows or friable soils, and open, well- drained terrain. Could occur; potential habitat is present at edges of agricultural fields and in the ruderal habitat. Swainson’s hawk Buteo swainsoni (nesting) – T Forages in grasslands and agricultural lands; nests in riparian forests or woodlands and isolated trees. Could occur; row crops on the project site and surrounding areas provide suitable foraging habitat and potential nesting trees are present in the project vicinity. There is one CNDDB nesting record within 5 miles of the project site; it is from 1956. California horned lark Eremophila alpestris actia (nesting) – – Found in a variety of open habitats, usually where trees and shrubs are absent. Nests on open ground. Could occur; potential nesting habitat is present along field borders and in ruderal habitat. Mammals Pallid bat Antrozous pallidus – SC Deserts, grasslands, shrublands, woodlands, and forests. Most common in open, dry habitats with rocky areas for roosting. Roosts in rock crevices, oak hollows, bridges, or buildings. Unlikely to occur; there is no potential roost habitat on the project site. Western mastiff bat Eumops perotus californicus – SC Open, semi-arid to arid habitats, including conifer and deciduous woodlands, annual and perennial grasslands, and urban; roosts in rock crevices, high buildings, trees, and tunnels. Unlikely to occur; there is no potential roost habitat on the project site. San Joaquin pocket mouse Perognathus inornatus – – Dry, open grasslands or scrub areas with friable soils Unlikely to occur; agricultural habitats are generally unsuitable for this species. Fresno kangaroo rat Dipodomys nitratoides E E Scrub or herb habitats with scattered shrubs on sandy loam soils that are mildly to moderately alkaline in scrub on the Valley floor near central Fresno County. Genera Unlikely to occur; although potentially suitable soil types are present, agricultural habitats are generally unsuitable for this species and the herb-dominated ruderal habitat is small, disturbed, and isolated from known populations and other suitable habitats. American badger Taxidea taxus _ SC Drier open shrub, forest, and herbaceous habitats with friable soils for digging burrows. Needs friable soils and open, uncultivated ground. Unlikely to occur; agricultural habitats are generally unsuitable for this species. Nearest documented occurrence is a 1989 record of a foraging adult from approximately 2.25 miles west of the project site (west of I-5). San Joaquin kit fox Vulpes macrotis mutica E T Annual grasslands or grassy open areas with scattered shrubs. Needs loose-textured, sandy soils for burrowing and suitable prey base. Unlikely to occur; agricultural habitats are generally unsuitable for this species. Notes: CNDDB = California Natural Diversity Database; USFWS = U.S. Fish and Wildlife Service 1 Legal Status Definitions Federal: E Endangered (legally protected) T Threatened (legally protected) State: C Candidate for listing (legally protected) SC Species of special concern (no formal protection other than CEQA consideration) E Endangered (legally protected) T Threatened (legally protected) 2 Species has no federal or state legal status, but is listed as another species for consideration in the City of Fresno General Plan. Source: CNDDB 2017, USFWS 2017, City of Fresno 2014a, Schuford and Gardali 2008; data compiled by Ascent in 2017 Environmental Checklist Ascent Environmental City of Fresno 3-24 Rendering Plant Relocation Project Discussion a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less than significant with mitigation incorporated. Project implementation would result in removal of up to 40 acres of agricultural and ruderal habitat that could serve as foraging and/or nesting habitat for three special-status bird species: Swainson’s hawk, burrowing owl, and California horned lark. Potential burrowing owl habitat is present in the mostly unvegetated soils at field edges, and California lark could also nest on the ground in these areas. Similar potential habitat on adjacent parcels could also support these species. Burrowing owls need burrows at all life stages and displacing individuals from their burrows can result in indirect impacts such as predation, increased energetic costs, increased stress, and risks associated with having to find and compete for burrows, all of which can lead to take or reduced reproduction. Loss of foraging habitat for special-status bird species and common raptors would be a less-than-significant impact because the amount of foraging habitat loss is relatively low, and there is abundant foraging habitat available on the large tracts of agricultural lands surrounding the project site. Because Swainson’s hawk breeding pair density is low in the local area and the region (Anderson et al. 2007, CNDDB 2017), foraging habitat is not currently a limiting factor for this species and loss of up to 40 acres of foraging habitat would not reduce nesting success, survival rates, and availability of prey for the local population, or result in displacement of nesting pairs of Swainson’s hawk. Construction activities associated with project implementation have the potential to cause direct loss of active nests or occupied burrows and/or disturbance of nesting pairs of special-status birds resulting in nest abandonment and mortality of chicks and eggs. The potential loss of an active nest or mortality of chicks and eggs of special-status bird species is considered a potentially significant impact. Mitigation Measure BIO-1: To avoid, minimize, and mitigate potential impacts on Swainson’s hawk nesting on or adjacent to the project site, the project proponent shall retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 0.5 mile of the project site for construction activities conducted during the breeding season (March 1 through August 31). The surveys shall be conducted no more than 30 days before the beginning of construction. If no nests are found, no further mitigation will be required. If active Swainson’s hawk nests are found within the nest survey area, the construction contractor shall avoid impacts on such nests by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined, in coordination with California Department of Fish and Wildlife (CDFW), the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment. CDFW guidelines recommend implementation of 0.25- or 0.5- mile-wide buffers for Swainson’s hawk nests, but the size of the buffer may be decreased if a qualified biologist and the City, in consultation with CDFW, determine that such an adjustment would not be likely to adversely affect the nest. No construction activity shall occur within the buffer area of a particular nest until a qualified biologist, in consultation with CDFW, confirms that the chicks have fledged or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-25 position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. Mitigation Measure BIO-2: To avoid, minimize, and mitigate potential impacts on burrowing owl, the project proponent shall retain a qualified biologist to conduct focused breeding and nonbreeding season surveys for burrowing owls in areas of suitable habitat on and within 1,500 feet of the project site. Surveys will be conducted prior to the start of construction activities and in accordance with Appendix D of CDFW’s Staff Report on Burrowing Owl Mitigation (2012). If no occupied burrows are found, a letter report documenting the survey methods and results will be submitted to the City and CDFW and no further mitigation will be required. If an active burrow is found during the nonbreeding season (September 1 through January 31), owls will be relocated to suitable habitat outside of the project area using passive or active methodologies developed in consultation with CDFW and may include active relocation to preserve areas if approved by CDFW and the preserve managers. No burrowing owls will be excluded from occupied burrows until a burrowing owl exclusion and relocation plan is developed by the project proponent and approved by CDFW. If an active burrow is found during the breeding season (February 1 through August 31), occupied burrows will not be disturbed and will be provided with a 150- to 1,500-foot protective buffer unless a qualified biologist verifies through noninvasive means that either: 1) the birds have not begun egg laying, or 2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. The size of the buffer will depend on the time of year and level of disturbance, as outlined in the CDFW Staff Report (2012, p. 9). Once the fledglings are capable of independent survival, the owls will be relocated to suitable habitat outside the project area in accordance with a burrowing owl exclusion and relocation plan developed in consultation with CDFW and the burrow will be destroyed to prevent owls from reoccupying it. No burrowing owls will be excluded from occupied burrows until a burrowing owl exclusion and relocation plan is approved by CDFW. Following owl exclusion and burrow demolition, the site shall be monitored by a qualified biologist to verify burrowing owls do not recolonize the site prior to construction. If active burrowing owl nests are found on the project site and these nest sites, after abandonment, are lost as a result of implementing the project, the project proponent shall mitigate the loss through preservation of other known nest sites in Fresno County, at a minimum ratio of 1:1. The proponent shall develop a habitat monitoring plan for the compensatory mitigation areas. The habitat monitoring plan will include detailed information on the habitats present within the preservation areas, the long-term management and monitoring of these habitats, legal protection for the preservation areas (e.g., conservation easement, declaration of restrictions), and funding mechanism information (e.g., endowment). All burrowing owl mitigation lands shall be preserved in perpetuity and incompatible land uses shall be prohibited in habitat conservation areas. The project proponent shall transfer said burrowing owl mitigation land, through either conservation easement or fee title, to a third-party, nonprofit conservation organization (Conservation Operator), with the City and CDFW named as third-party beneficiaries. The Conservation Operator shall be a qualified conservation easement land manager that manages land as its primary function. Additionally, the Conservation Operator shall be a tax-exempt nonprofit conservation organization that meets the criteria of Civil Code Section 815.3(a) and shall be selected or approved by the City, after consultation with CDFW. The City, after consultation with CDFW and the Conservation Operator, shall approve the content and form of the conservation easement. The City, CDFW, and the Conservation Operator shall each have the power to enforce the terms of the conservation easement. The Conservation Operator shall monitor the easement in perpetuity to ensure compliance with the terms of the easement. Environmental Checklist Ascent Environmental City of Fresno 3-26 Rendering Plant Relocation Project Mitigation Measure BIO-3: To avoid, minimize, and mitigate potential impacts on California horned lark, the project proponent shall retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 300 feet of the project site for construction activities conducted during the California horned lark breeding season (March 1 through July 31). The surveys shall be conducted no more than 30 days before the beginning of construction. If no nests are found, no further mitigation will be required. If an active horned lark nest is found within the nest survey area, the construction contractor shall avoid impacts on such nests by establishing a no-disturbance buffer around the nest. The appropriate buffer size shall be determined by a qualified biologist in consultation with CDFW, based on the nature of the project activity, the extent of existing disturbance in the area, visibility of the disturbance from the nest site, and other relevant circumstances. No construction shall occur within the established buffer area of an active nest until a qualified biologist, in consultation with California Department of Fish and Wildlife, confirms that the chicks have fledged and are no longer dependent upon the nest or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. Significance After Implementation of Mitigation Measures Implementation of Mitigation Measures BIO-1 through BIO-3 would reduce the impact to candidate, sensitive, or special-status species to a less-than-significant level by identifying the presence of protected species on-site and ensuring these species are not disturbed during nesting so that project construction would not result in nest abandonment and loss of eggs or young. In addition, Mitigation Measure BIO-2 would require that if any occupied burrowing owl habitat would be lost as a result of the project, replacement habitat would be preserved at the appropriate ratio to compensate for the habitat value lost. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? No impact. There are no riparian habitats or other sensitive natural communities on the project site. Therefore, implementation of the project would not have any adverse effects on sensitive natural communities and no impact would occur. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No impact. There are no wetlands or other waters of the United States on the project site. The agricultural ditch crossed by the project access road at South Cornelia Avenue conveys irrigation water intermittently and was created in uplands, does not drain wetlands, and has no natural surface connection to other waters of the United States. As such, the agricultural ditch does not meet the definition of a federally protected wetland or water of the United States. Therefore, implementation of the project would not have any adverse effects on federally protected wetlands or waters of the United States and there would be no impact related to this topic. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-27 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less than significant with mitigation incorporated. Wildlife corridors are areas that provide connections between habitat patches or habitat features that would otherwise be isolated and unusable. There are no established wildlife corridors on the project site, and project development would not interfere substantially with the movement of any native resident or migratory wildlife species because the project site does not currently provide an important connection between any areas of natural habitat that would otherwise be isolated. However, project construction would result in removal of ornamental trees and shrubs that provide suitable nesting habitat for nesting birds and raptors protected by the Migratory Bird Treaty Act (MBTA) and Sections 3503 and 3503.5 of the California Fish and Game Code. Vegetation removal and ground disturbances associated with project implementation could result in direct destruction of active nests of common birds and raptors protected under the MBTA or California Fish and Game Code. Project construction could also result in indirect disturbance of nesting birds on or near the project site causing nest abandonment by the adults and mortality of chicks and eggs. Loss of active bird nests is considered a potentially significant impact. Mitigation Measure BIO-4: If construction activity, tree removal, trimming, or pruning on the project site is to begin during the nesting season for protected bird species in this region (generally late February through early September), a qualified biologist shall conduct preconstruction surveys in areas of suitable nesting habitat for common raptors and bird species protected by the Migratory Bird Treaty Act or California Fish and Game Code. Surveys shall be conducted no more than 30 days before any ground disturbance is expected to occur and shall extend at least 300 feet from the edge of the disturbance activity for non-raptor bird species and at least 500 feet of project activity for all raptor species potentially nesting in the area. Surveys shall cover potential nesting habitat for tree and shrub nesting species as well as ground nesting species. If no active nests are found, no further mitigation is required. If active nests are found, the construction contractor shall avoid impacts on such nests by establishing a no-disturbance buffer around the nest. The appropriate buffer size for all nesting birds shall be determined by a qualified biologist, in consultation with CDFW, based on the species of nesting bird, nature of the project activity, the extent of existing disturbance in the nest area, visibility of the disturbance from the nest site, and other relevant circumstances. No construction shall occur within the established buffer area of an active nest until a qualified biologist, in consultation with CDFW, confirms that the chicks have fledged and are no longer dependent upon the nest or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. Significance After Implementation of Mitigation Measures Implementation of Mitigation Measure BIO-4 would reduce the impact to nesting bird species to a less-than- significant level by identifying the presence of active nests on or near the project site and avoiding or minimizing potential impacts prior to construction. Environmental Checklist Ascent Environmental City of Fresno 3-28 Rendering Plant Relocation Project e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less-than-significant impact. As described previously, the project site consists of cultivated row crops and a small area of disturbed land. There are scattered trees along the northern perimeter of the project site along West Jensen Avenue and along South Cornelian Avenue where a project access road is proposed. The project would be required to comply with the Planning Director’s decision to replace any trees that are removed in accordance with Section 13-Article 3 Street Trees and Parkways of the Municipal Code of Ordinances (City of Fresno, 2017). Additionally, as described above, the potential for special-status plants is very low and the potential for special-status species is addressed in above in Section 3.4.2 (a). The project is consistent with the resource objectives and policies contained within the City of Fresno General Plan Parks, Open Space, and Schools Element that address protection of natural resources. Construction of the project would be confined to existing disturbed areas within the project boundaries, and is not anticipated to result in impacts to biological resources or conflict with any policies pertaining to the protection of such resources. Therefore, implementation of the project would result in less-than-significant conflicts with local policies or ordinances. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No impact. The project site is not located within any habitat conservation or natural community conservation plan areas (City of Fresno, 2014b:5.4-24). Therefore, the project would not conflict with a habitat conservation or natural community conservation plan, and there would be no impact related to this topic. CULTURAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. Cultural Resources. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Environmental Setting The general structure of the central San Joaquin Basin took shape due to the effects of subductive North American and Pacific Plates colliding, periodically lifting and submerging the basin numerous times. Therefore, there is the potential for the discovery of paleontological resources due to ground disturbing activities (City of Fresno, 2014b:5.5-2). Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-29 The majority of the San Joaquin Valley is associated with either Native American or Euroamerican occupation (City of Fresno, 2014b:5.5-5). Cultural resources in the San Joaquin Valley include prehistoric‐era archaeological sites, historic‐era archaeological sites, Native American traditional cultural properties, sites of religious and cultural significance, and historical buildings, structures, objects, and sites. Archaeological resources are places where human activity has measurably altered the earth or left deposits of physical remains. Archaeological resources may be either prehistoric (before the introduction of writing in a particular area) or historic (after the introduction of writing). Prior to European settlement, the area around the city was occupied by the Southern Valley Yokuts, and the environment was rich with abundant water resources from the nearby sloughs, lake basins, and river systems. Swamps and tule marshes surrounded the waterways and teemed with wildlife, including aquatic mammals, fish, and waterfowl. Adjacent grasslands provided food for herds of elk, antelope, and (in the winter) deer. The regional flora was equally, if not more, diverse and was used as a main staple of the Yokuts diet (City of Fresno, 2014b:5.5-4). The Central Valley was settled by Europeans in the early 1800s, with the San Joaquin River becoming a valuable resource. As Spanish California passed to Mexican control, American trappers increasingly began to exploit the region’s resources and once gold was discovered, the population rush into California began, with mineral exploration in the mountains and foothills east of the City of Fresno. During the latter half of the 19th century, the size of all Yokuts populations dwindled dramatically, due to the spread of European settlements and the diseases the Europeans brought with them (City of Fresno, 2014b:5.5-5) There have been sixteen Native American archeological sites recorded within the City of Fresno by the Southern San Joaquin Valley Information Center (SSJVIC), a depository for information on cultural resources. According to the SSJVIC the probability of finding subsurface cultural resources is considered low to moderate in most areas, with the exception of the waterways (City of Fresno, 2014a:8-9). A sacred lands file and archaeological resource search request was submitted to the Native American Heritage Commission (NAHC) specifically for this project. The NAHC indicated that the sacred lands search yielded a negative result. A confidential records search for the project site was conducted by Ascent Environmental at the Southern San Joaquin Valley Information Center (SSJVIC) on June 12, 2017 (SSJVIC Records Search Number 17-302). The search included a review of the National Register of Historic Properties (NRHP), the California Register of Historical Resources (CRHR), California State Historical Landmarks, California State Points of Historical Interest, Archaeological Determinations of Eligibility, records of previously recorded cultural resources, and records of previous field studies. The records search revealed no archaeological sites and only one historic- era structure on the project site. The structure, Pacific Gas and Electric Company's Panoche-Kearney 230 kV transmission line, was evaluated in 2015 and found not historically significant under the four NRHP- or CRHR-eligibility criteria. Because the transmission line does not appear to meet the criteria for the NRHP or the CRHR, it is therefore not considered to be significant for the purposes of CEQA. The project site is currently used for the cultivation of irrigated row crops, and, except for the transmission line towers, there are no existing structures on site. Discussion a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No impact. The project site does not contain any existing structures that would be eligible for designation as a historical resource under Section 15064.5. Therefore, implementation of the project would not result in substantial adverse changes to historical resources and there would be no impact related to this topic. Environmental Checklist Ascent Environmental City of Fresno 3-30 Rendering Plant Relocation Project b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? Less than significant with mitigation incorporated. According to the City’s General Plan MEIR, the probability of finding subsurface cultural resources is considered low to moderate in most areas in the city, with the exception of the waterways (City of Fresno, 2014a:8-9). NAHC indicated that its sacred land file search identified no record of existing known sacred lands in the vicinity and no record of a known archaeological resource was identified during the SSJVIC records search. However, given the limited area within the city that has been surveyed by a professional archaeologist (0.3 percent of the incorporated city), the archaeological sensitivity of the project site is uncertain. Due to the lack of archaeological information, the potential to disturb archaeological resources during grading and construction activities within previously undisturbed soils would be potentially significant. Mitigation Measure CULT-1: Prior to approval of grading plans, the applicant shall retain a qualified archaeologist to conduct a field survey for archaeological resources. The following procedures shall be followed. If archaeological resources are found during the field survey, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional archaeological resources are found during excavation and/or construction activities, the procedure identified below for the discovery of unknown resources shall be followed. If archaeological resources are not found during the field survey, excavation and/or construction activities can commence. In the event that archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, avoidance and/or minimization measures shall be identified by the monitor and recommended to the City. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the City approves the measures to protect these resources. Any archaeological resources recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study. Significance After Implementation of Mitigation Measure Implementation of Mitigation Measure CULT-1 would reduce this impact to a less-than-significant level by identifying archaeological resources prior to construction, or stopping work temporarily if resources are found during construction and identifying and implementing appropriate response, handling, and or curation of any discovered significant archaeological resource. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-31 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than significant with mitigation incorporated. The project site does not contain any unique geologic features. However, according to the City’s General Plan EIR, the city has undergone a period of glacial activity, and a period of erosion, indicating that the potential for discovery of paleontological resources in the city is high. Based on a review of geologic maps of the city, the project site consists of two primary surficial deposits: 1) Pleistocene non‐marine and 2) Quaternary non‐marine fan deposits which occurred as a result of erosion along the western Sierra Nevada (City of Fresno, 2014b: Appendix D). All undisturbed alluvial deposits have the potential of containing vertebrate fossils and both deposit types are highly sensitive to ground disturbing activities and could be impacted by excavation and construction within previously undisturbed soils (City of Fresno, 2014b:5.5-14). Although the project site is highly disturbed due to ongoing crop cultivation, which substantially reduces the likelihood for discovering in-tact paleontological resources, grading and trenching activities would disturb deeper levels of soil in some areas, which could uncover previously undiscovered paleontological resources. Therefore, impacts to paleontological resources would be potentially significant. Mitigation Measure CULT-2: Prior to issuance of grading permits, a qualified paleontologist shall conduct a screening-level site survey to better determine, based on site conditions and geology, the potential for significant paleontological resources to be present at a depth that could be disturbed by proposed activities. If the screening-level site survey indicates that the project site is not likely to include significant paleontological resources at a depth that could be adversely affected by proposed activities, the qualified paleontologist shall submit the findings to the City and no additional mitigation is necessary, grading permits may be issued, and construction may proceed. If the paleontologist finds that the potential for significant paleontologists are likely present and could be affected by proposed activities, the paleontologist shall prepare an adequate mitigation program for avoiding or minimizing adverse impacts to paleontological resources. The program must include (but shall not be limited to): 1) an intensive field survey and surface salvage prior to earth moving, if applicable; 2) monitoring by a qualified paleontological resource monitor of trenching and other disturbance of previously undisturbed soil and a plan for stopping work in areas of finds (including identification of appropriate buffers for restricting construction equipment); 3) salvage of unearthed fossil remains and/or traces (e. g., tracks, trails, burrows, etc.); 4) screen washing to recover small specimens, if applicable; 5) preparation of salvaged fossils to a point of being ready for curation (i.e., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles where appropriate); 6) identification, cataloging, curation, and provision for repository storage of prepared fossil specimens; and 7) a final report of the finds and their significance. All of the steps identified in the program shall be overseen by a qualified paleontologist. The mitigation program shall be submitted to the City and approved prior to issuance of grading permits. Significance After Implementation of Mitigation Measure Implementation of Mitigation Measure CULT-2 would reduce this impact to a less-than-significant level by requiring construction monitoring, if needed, and requiring appropriate handling, recording, and curation of any significant paleontological resources discovered. d) Disturb any human remains, including those interred outside of formal cemeteries? Less than significant with mitigation incorporated. There are no known Native American cemeteries located on the project site; however, various cemeteries are located throughout the city (City of Fresno, 2014b:5.5- 30). There is a possibility that ground‐disturbing activities associated with future development may uncover previously unknown buried human remains. Because project-related construction activities could uncover previously unknown human remains, the impact would be potentially significant. Environmental Checklist Ascent Environmental City of Fresno 3-32 Rendering Plant Relocation Project Mitigation Measure CULT-3: If human remains are unearthed during excavation and grading activities of the project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, project proponent will ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the project proponent has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The project proponent will discuss and confer with the descendants all reasonable options regarding the descendants' preferences for treatment. Significance After Implementation of Mitigation Measure Implementation of Mitigation Measure CULT-3 would reduce this impact to a less-than-significant level by identifying a course of action, consistent with existing law, that would appropriately handle human remains in the event that they are discovered during grading or construction. GEOLOGY AND SOILS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. Geology and Soils. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial risks to life or property? Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-33 ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. Geology and Soils. Would the project: e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Environmental Setting The City of Fresno is located along the eastern margin of the southern San Joaquin Valley portion of the Great Valley Geomorphic Province of California. The San Joaquin Valley is bordered to the north by the Sacramento Valley portion of the Great Valley, to the east by the Sierra Nevada, to the west by the Coast Ranges, and to the south by the Transverse Ranges. The project site is located west of the urbanized portion of the city within an incorporated island and approximately 10 miles south of the San Joaquin River. There are no active faults within the city. The closest fault, the San Andreas, is 61 miles to the west. As with most areas in California, the city would be exposed to ground shaking from seismic events on local and regional faults. However, the Fresno area has historically experienced a low to moderate degree of seismicity and is not located in an area within a seismic settlement or lateral spread hazard area (City of Fresno, 2014b:5.6-2). The city is within a region of the San Joaquin River Valley that consists of mostly flat topography within the Central Valley. Accordingly, the General Plan MEIR indicates there is no risk of large landslides in the majority of the Planning Area (City of Fresno, 2014b:5.6-4). The predominant soils anticipated to be encountered within the city consist of varying combinations of very loose/very soft to very dense/hard silts, clays, sands, and gravels. Moderate cohesion strength is associated with the clayey soils. Based on these characteristics, the potential for soil liquefaction within the city ranges from very low to moderate due to the variable density of the subsurface soils and the presence of shallow groundwater. Groundwater wells in the area of the project site were at approximate depths of 70-80 feet below ground surface during exploratory drilling in 2014 (Fresno Irrigation, 2014). The southern and west parts of the San Joaquin Valley have been subject to land subsidence due to fluid withdrawal (groundwater and petroleum). However, the city is not located within those areas (City of Fresno, 2014b:5.6-7). The surface and near‐surface soils observed throughout the city consist of varying combinations of clays, silts, sands, gravels, and cobbles. The clayey and sandy soils are considered to be slightly to moderately expansive (City of Fresno, 2014b:5.6-6). Soils on the project site are Atwater loamy sand, 0 to 3 percent slopes; Madera sandy loam; and Greenfield sandy loam, moderately deep, 0 to 3 percent slopes. Environmental Checklist Ascent Environmental City of Fresno 3-34 Rendering Plant Relocation Project Discussion a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? Less-than-significant impact. The project site is not located within an Alquist-Priolo active fault zone, and there are no active faults located in the region. The San Andreas Fault line, which is the closest fault line, is located approximately 61 miles west of the project site (California Department of Conservation, 2016b). The project would include construction of buildings that would be occupied by humans. As noted above, the project site is not located in an area that is susceptible to strong seismicity, liquefaction, or landslides. Further, the buildings would be constructed in conformance with California Building Code (CBC) Title 24, which identifies specific design requirements to reduce damage from strong seismic ground shaking, ground failure, landslides, soil erosion, and expansive soils. This impact would be less than significant. b) Result in substantial soil erosion or the loss of topsoil? Less-than-significant impact. Construction would involve soil disturbance, including grading and excavation. Potential impacts related to erosion are discussed further in Section 3.9 Hydrology and are minimized using common and accepted practices to address runoff and storm water pollution prevention. For projects larger than 1 acre, a storm water pollution prevention plan must be provided that includes an erosion control site plan that identifies best management practices (BMPs) such as soil control for the project perimeter, track out locations, concrete wash areas, and drop inlet protections. Compliance with these policies and with other pertinent regulations would ensure that potential soil erosion impacts, or the potential loss of topsoil, would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less-than-significant impact. As described in item a) above, the project site is not located in a seismically active area. Additionally, the project site and the surrounding area are flat. Portions of the San Joaquin Valley have been subject to land subsidence or collapse due to groundwater and petroleum extraction. Damage caused by subsidence or collapse has been restricted principally to significant changes in gradients of canals and aqueducts, and breakage of deep‐water well casings. Within the San Joaquin Valley, subsidence or collapse is concentrated in the southern part and the west side of the valley where rainfall is sparse and groundwater recharge is minimal. Although subsidence or collapse is a significant concern in western Fresno County, as well as other portions of the San Joaquin Valley, the city is not known to be subject to such subsidence or collapse hazards (City of Fresno, 2014b:5.6-7). However, the potential for failure from Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-35 subsidence and lateral spreading is highest in areas where the groundwater table is high, where relatively soft and recent alluvial deposits exist, and where creek banks are relatively high. As described above, the project site does not have high levels of groundwater, nor does it contain any ephemeral streams or creeks. Therefore, the potential for subsidence is low. As such, the project would not be expected to be prone to landslides, lateral spread, subsidence, or liquefaction. Therefore, this impact would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial risks to life or property? Less-than-significant impact. As described above, the western portion of the project site consists of Atwater loamy sand, Madera sandy loam, and Greenfield sandy loam. These soils are well-drained and minimally expansive (USDA, 2015 and 2003). The exact mix of soils on the project site is unknown, and expansive soils may occur. Expansive soils are soils that are high in clays or silts and swell and shrink with wetting and drying, respectively. This shrinking and swelling can result in differential ground movement, which can cause damage to foundations. However, proper fill selection, moisture control, and compaction during construction can prevent these types of soils from causing significant damage. In compliance with Section 1803 of the CBC, the project proponent would be required to perform soil investigations by a registered engineer in order to determine the presence of expansive soils prior to construction. If the project site is determined to contain expansive soils, the project proponent would be required to provide design (especially foundation design) and construction solutions to reduce the risks associated with unstable and expansive soils. Therefore, the project would result in less-than-significant impacts related to expansive soils. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No impact. All wastewater generated at the facility (a portion of which would be stormwater) would pass through a primary treatment system before being discharged to the City’s wastewater collection and treatment system. The primary treatment system would likely consist of a rotary screen, settling tank with skimmer, an equalization tank, and a dissolved air flotation system. The specific design of the system would be finalized in coordination with City staff. The project would not involve the use of septic tanks that could be affected by poor soils. There would be no impact related to this issue. GREENHOUSE GAS EMISSIONS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Environmental Setting Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. GHGs are responsible for “trapping” solar radiation in the Environmental Checklist Ascent Environmental City of Fresno 3-36 Rendering Plant Relocation Project earth’s atmosphere, a phenomenon known as the greenhouse effect. Prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Human-caused emissions of these GHGs in excess of natural ambient concentrations are believed responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. It is “extremely likely” that more than half of the observed increase in global average surface temperature from 1951 to 2010 was caused by the anthropogenic increase in GHG concentrations and other anthropogenic factors together (IPCC 2014). By adoption of Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006, and Senate Bill (SB) 97, the State of California has acknowledged that the effects of GHG emissions cause adverse environmental impacts. AB 32 mandates that emissions of GHGs must be capped at 1990 levels by the year 2020 (CARB 2007). On January 20, 2017, CARB released its proposed 2017 Climate Change Scoping Plan Update (proposed 2017 Scoping Plan Update), which lays out the framework for achieving the 2030 reductions as established in EO B-30-15 and SB 32 and AB 197 (discussed below). The proposed 2017 Scoping Plan Update identifies the GHG reductions needed by emissions sector to achieve a statewide emissions level that is 40 percent below 1990 levels before 2030. It also identifies how GHGs associated with projects could be evaluated under CEQA. Specifically, it states that achieving “no net increase” in GHG emissions is the correct overall objective of projects evaluated under CEQA if conformity with an applicable local GHG reduction plan cannot be demonstrated. CARB also recognizes that it may not be appropriate or feasible for every development project to mitigate its GHG emissions and that this may not necessarily imply a substantial contribution to the cumulatively significant environmental impact of climate change. At the time of writing this environmental checklist, CARB has not yet approved its proposed 2017 Scoping Plan Update. In August 2016, Governor Brown signed SB 32 and AB 197, which serve to extend California’s GHG reduction programs beyond 2020. SB 32 amended the Health and Safety Code to include Section 38566, which contains language to authorize CARB to achieve a statewide GHG emission reduction of at least 40 percent below the AB 32 goal of 1990 levels by 2020 by no later than December 31, 2030. SB 32 codified the targets established by EO B-30-15 for 2030, which set the next interim step in the State’s continuing efforts to pursue the long-term target expressed in EOs S-3-05 and B-30-15 of 80 percent below 1990 emissions levels by 2050. GHGs have the potential to adversely affect the environment because such emissions contribute, on a cumulative basis, to global climate change. Although the emissions of one single project would 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. The Governor’s Office of Planning and Research (OPR) guidance does not include a quantitative threshold of significance to use for assessing a project’s GHG emissions under CEQA, nor has CARB established such a threshold or recommended a method for setting a threshold for project-level analysis. In the absence of a consistent statewide threshold, a threshold of significance for analyzing a project’s GHG emissions was developed. The issue of setting a GHG threshold is complex and dynamic, especially considering the California Supreme Court decision in Center for Biological Diversity v. California Department of Fish and Wildlife (referred to hereafter as the Newhall Ranch decision). The California Supreme Court ruling also highlighted the need for the threshold to be tailored to the specific project type, its location, and the surrounding setting. Therefore, the threshold used to analyze the project is specific to the analysis herein, and the City of Fresno retains the ability to develop and/or use different thresholds of significance for other projects in its capacity as lead agency. The San Joaquin Valley Air Pollution Control District (SJVAPCD) has guidance on evaluating GHG emissions for stationary source projects using Best Performance Standards (BPS). SJVAPCD defines BPS as “the most effective Achieved-in-Practice means of reducing or limiting GHG emissions from a GHG emissions source” (SJVAPCD 2009). For stationary sources, BPS refers to equipment type, equipment design, and operational Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-37 and maintenance activities. Because this project has not committed to using BPS in the project design, GHG emissions must be quantified and disclosed in the CEQA document, per SJVAPCD guidance. For the evaluation of this project, an impact would be significant if the project would not incorporate BPS in stationary sources such that emissions are considered consistent with AB 32, SB 32, and CARB’s Scoping Plan. In 2014, the City of Fresno adopted a Greenhouse Gas Reduction Plan (GHG Plan) as its primary strategy for reducing GHG emissions. The GHG Plan focuses on emissions generated by activities under the control or influence of the City. The GHG Plan is designed to ensure that the development accommodated by the buildout of the General Plan supports the goals of AB 32. The strategy identified in the GHG Plan will continue to provide reductions past 2020 and includes “interim” targets for 2035 and 2050 that show the amount of reductions that would be required to be on a path to achieve the State’s long‐term goal of reducing emissions to 80 percent below 1990 levels by 2050. The GHG Plan includes projections that show the amount of emission reduction that will be required to achieve consistency with percentage reductions that meet targets in later years, but the GHG Plan does not include a comprehensive strategy to achieve the later targets pending adoption of a statewide strategy for those later years. Discussion a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Short-term construction-generated and long-term operational GHG emissions were calculated using the California Emissions Estimator Model (CalEEMod) Version 2016.3.1 computer program (CAPCOA 2016). Model assumptions were based on project-specific information (i.e., construction start, equipment, number of workers); and default values in CalEEMod that are based on the project’s location and land use type. Less than significant with mitigation incorporated. Construction-related activities that would generate GHGs include worker commute trips, haul trucks carrying supplies and materials to and from the project site, and off-road construction equipment (e.g., dozers, graders, excavators). Project construction would include five primary phases: grading and site preparation; utility installation and connection; roadway, driveway, and parking lot construction; building construction and equipment installation; and landscape installation. Construction equipment would vary by phase, but the entire construction process would include operation of the following types of equipment: graders, dozers, excavators, scrapers, water trucks, cranes, forklifts, generators, pavers, rollers, welders, and air compressors. Construction of the land uses proposed under the project would occur over approximately a two-year period. Project construction would be anticipated to start in January 2018 and continue until late-2019. Total construction emissions for each year of construction are summarized in Table 3-2. Additional details on the modeling assumptions, inputs, and outputs are provided in Appendix B. Table 3-2 Estimated GHG Emissions Associated with Project Construction Activities by Construction Year Construction Year GHG Emissions (MTCO2e/year) 2018 229 2019 206 Notes: MTCO2e/year = metric tons of carbon dioxide equivalent per year. Source: Data modeled by Ascent Environmental in 2017. Environmental Checklist Ascent Environmental City of Fresno 3-38 Rendering Plant Relocation Project As shown in Table 3-2, construction activities would result in maximum annual emissions of 229 metric tons of carbon dioxide equivalent (MTCO2e) per year. For comparison, many air districts in California (e.g., Bay Area Air Quality Management District [BAAQMD], Sacramento Metropolitan Air Quality Management District [SMAQMD]) have adopted construction-related GHG thresholds of 1,100 MTCO2e/year for stationary sources. SJVAPCD has not adopted a construction-related GHG threshold for stationary sources. However, operational activities could result in potentially significant emissions. Operational activities related to the project would be similar to those of the existing rendering facility but would include an increase in processing capacity. Daily operations would increase from a processing capacity of 850,000 pounds per day to 10 million pounds per week (or approximately 2 million pounds per day). The proposed expansion would result in 40 additional daily delivery truck trips and up to 23 new employees. The proposed facility would be a total of 44,600 sf, including a larger processing floor, stationary mechanical equipment (e.g., cooker, boiler, presser), and a truck shop/loading dock, approximately 16,800 sf larger than the existing facility. Emissions would be associated with mobile sources from worker commute and delivery trucks, as well as stationary sources from on-site processing equipment (e.g., rendering units, boilers, generators). The project would relocate next to the existing Fresno-Clovis RWRF, which would provide the project with 18 percent of its natural gas demand through conditioned gas produced from waste methane. This 18 percent was excluded from the project’s estimated GHG contribution because it is reuse of otherwise released GHG from the RWRF. The emissions quantified for this analysis address only the increase in operations, excluding the existing facility’s contribution. The project’s operational GHG emissions were estimated for 2020, which is the year when the proposed land uses would become fully operational. Emissions associated with mobile trips were based on vehicle- miles-traveled (VMT) estimates (provided by Fehr & Peers as part of their traffic analysis for the project), specifically, the increase in vehicle trips by both employees and trucks. The vehicle emissions were estimated using CalEEMod Version 2016.3.1. Water consumption, wastewater treatment, and solid waste generation GHG emissions were also estimated using CalEEMod. Natural gas and electricity demand data were provided by the project proponent and emissions were calculated using utility provider emission factors. The utility provider was assumed to be PG&E, and 2020 emission factors were used based on PG&E-reported intensities (PG&E 2015). Table 3-3 summarizes all the direct and indirect annual GHG emissions associated with the project upon full buildout in 2020. These emissions estimates account for existing regulations pertaining to vehicle emissions. See Appendix B for modeling assumptions. Table 3-3 Summary of Annual GHG Emissions Associated with the Project at Full Buildout in 2020 Emissions Activity 2020 (MT CO2e/year) Vehicle Trips (Mobile Sources) 1,212 Electricity Consumption 570 Natural Gas (excluding RWRF-provided gas) 10,992 Water Consumption and Wastewater Treatment 57 Solid Waste Generation 25 Total Annual Emissions 12,855 Notes: See Appendix B for detail on model inputs, assumptions, and project-specific modeling parameters. MTCO2e/year = metric tons of carbon dioxide equivalents per year. Source: Modeling performed by Ascent Environmental in 2017. Although SJVAPCD has not adopted GHG thresholds for stationary sources, air districts in California, including BAAQMD, SMAQMD, and South Coast Air Quality Management District, have adopted operational Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-39 stationary source GHG emission thresholds of 10,000 MTCO2e/year. These air districts developed this threshold to demonstrate consistency with State-adopted GHG emission reduction targets, such as those set forth by AB 32 and SB 32. Although this threshold is not used as the basis for this analysis (because SJVAPCD has not recommended using this threshold), it is provided here for informational purposes to show how the project emissions compare to this commonly accepted numeric threshold. As shown in Table 3-3, operation of the project would result in annual emissions of 12,855 MTCO2e/year. Because the project has not included BPS in the project design, operational emissions, GHG emissions would need to reduce to a level consistent with adopted GHG reduction targets, and the project would result in a potentially significant impact. Mitigation Measure GHG-1: To reduce GHG emissions from operation of the project, the project proponent shall implement SJVAPCD-recommended Best Performance Standards (BPS) for stationary equipment, such that a reduction of at least 29 percent is achieved. Such a reduction would reduce the project’s GHG emissions to a level that is considered consistent with State-adopted GHG reduction targets. This reduction could be achieved using BPS boilers, steam generators, process heaters, or other stationary sources the rendering plant may use. A complete list of available BPS for stationary equipment, along with their respective GHG emission reduction percentages, can be found on the SJVAPCD’s website (http://www.valleyair.org/Programs/CCAP/bps/BPS_idx.htm) and are attached to the IS as Appendix C. Significance After Implementation of Mitigation Measure With the implementation of Mitigation Measure GHG-1, the project’s operational GHG emissions would consistent with statewide GHG reduction goals. This impact would be reduced to a less-than-significant level. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less-than-significant impact. As discussed in a) above, with the implementation of Mitigation Measure GHG- 1, the project would demonstrate compliance with State-adopted GHG emission reduction targets set forth in AB 32 and SB 32. Therefore, the project would not conflict with or obstruct implementation of CARB’s Scoping Plan for achieving GHG reductions consistent with AB 32. For these same reasons, the project would also not conflict with the City’s GHG Reduction Plan. This impact would be less than significant. HAZARDS AND HAZARDOUS MATERIALS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Environmental Checklist Ascent Environmental City of Fresno 3-40 Rendering Plant Relocation Project ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. Hazards and Hazardous Materials. Would the project: d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Environmental Setting The current rendering plant operation involves use and transport of hazardous materials. An existing residential subdivision is located within 800 feet of the existing rendering plant. Based upon a review of the State Water Resources Control Board (SWRCB) GeoTracker database, the EPA Envirofacts/Enviromapper website, and the state Cortese list via the California Department of Toxic Substances Control (DTSC) EnviroStor database, no hazards were identified on-site. There was a leaking underground storage tank located near the project site at 5607 Jensen Avenue West; however, cleanup was completed in 2000 (U.S. EPA 2016; DTSC 2016). The site was used historically for crop cultivation; therefore, residue from pesticides, fertilizers, and other agricultural chemicals may be present on the site. Current agricultural practices do not generally employ toxic chemicals with long-persistence; however, chemicals formerly used in agriculture included heavy metals and organic compounds, such as DDT, which may persist in soil for decades, and which, depending upon concentration, may be toxic to humans coming into contact with these compounds. The closest airport, Fresno Chandler Executive airport, is 3.5 miles northeast of the project site. Bland Field, a small privately-owned airport, is approximately 8 miles west of the project site and Fresno-Yosemite International Airport is approximately 10 miles northeast of the project site. The project site is not located within any airport planning area zones. The City of Fresno has an Emergency Operations Plan that describes actions the City would take in response to an emergency. This plan establishes requirements for the emergency management organization to Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-41 mitigate emergency disasters affecting the City of Fresno. This includes the operation concepts and procedures associated within initial response operations to emergencies, the extended response operations, and the recovery process (City of Fresno, 2014b:5.8-8). Discussion a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less-than-significant impact. Separate discussions are provided below for the construction and operation phases of the project. Short-term Construction Impacts Proposed construction activities would temporarily involve transportation, use, storage, and disposal of hazardous materials and petroleum products (such as diesel fuel, lubricants, paints and solvents, and cement products containing strong basic or acidic chemicals) that are commonly used at construction sites. Hazardous waste generated during construction may consist of welding materials, fuel and lubricant containers, paint and solvent containers, and cement products containing strong basic or acidic chemicals. Although the transportation of hazardous materials could result in accidental spills, leaks, toxic releases, fire, or explosion, the U.S. Department of Transportation (USDOT) Office of Hazardous Materials Safety prescribes strict regulations for the safe transportation of hazardous materials, as described in Title 49 of the Code of Federal Regulations (CFR). These standard accident and hazardous materials recovery training and procedures are enforced by the state and followed by private state-licensed, certified, and bonded transportation companies and contractors. Further, pursuant to 40 CFR 112, the project would be required to prepare a spill prevention and treatment plan for rapidly, effectively, and safely cleaning up and disposing of any spills or releases that may occur during construction at the project site. As required under state and federal law, notification and evacuation procedures for site workers and local residents would be included as part of the plan in the event of a hazardous materials release during on-site construction. In addition to 40 CFR 112, SWRCB Construction General Permit (2009-0009 DWQ) requires spill prevention and containment plans to avoid spills and releases of hazardous materials and wastes into the environment. Inspections would be conducted to verify consistent implementation of general construction permit conditions and BMPs to avoid and minimize the potential for spills and releases, and of the immediate cleanup and response thereto. BMPs include, for example, the designation of special storage areas and labeling, containment berms, coverage from rain, and concrete washout areas. Compliance with the aforementioned regulations would minimize the potential risk of a spill or accidental release of hazardous materials during construction. Long‐Term Operational Impacts The project would relocate an existing rendering, recycling, and recovery operation that collects and processes raw material (primarily beef fat, bone, and offal) into bone meal and purified fat that can be used to make animal feed, oleo chemicals (e.g., soaps, cosmetics), fuel (e.g., biodiesel), and lubricants. The primary activities at the facility include processing food byproducts generated by local packers, restaurants, food service establishments, butchers, and grocers into animal- and vegetable-derived fats and proteins. These finished products would be sold as ingredients to produce animal feed, fertilizer, and biofuels. The use of hazardous materials and disposal of hazardous wastes are subject to numerous laws and regulations at all levels of government. Hazardous materials are required to be stored in designated areas designed to prevent accidental release to the environment. CBC requirements prescribe safe accommodations for materials that present a moderate explosion hazard, high fire or physical hazard, or Environmental Checklist Ascent Environmental City of Fresno 3-42 Rendering Plant Relocation Project health hazards. Compliance with all applicable federal and state laws related to the storage of hazardous materials would be implemented to maximize containment and to provide for prompt and effective clean-up if an accidental release occurs. As described above for construction, conformance with established policies would reduce the potential for improper handling of materials and wastes that could result in accidental releases. Commercial uses on the project site would prepare and implement hazardous materials plans, such as the following, to avoid occurrences, and minimize the effects of, hazardous materials spills and releases:  California hazardous materials business plan (pursuant to California Health and Safety Code Section 25500), which specifies requirements for material inventory management, inspections, training, recordkeeping, and reporting.  A spill prevention, containment, and countermeasures plan (pursuant to 40 CFR 112) or, for smaller quantities, a spill prevention and response plan, which identifies BMPs for spill and release prevention and provides procedures and responsibilities for rapidly, effectively, and safely cleaning up and disposing of any spills or releases. The routine use of any of the materials used by the facility handled in accordance with laws and regulations would not create a significant hazard to the public or the environment. This would be a less-than-significant impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? Less than significant with mitigation incorporated. Data on historic and documented releases of hazardous materials in the surrounding area were obtained through internet searches including review of the SWRCB GeoTracker database, the EPA Envirofacts/Enviromapper website, and the state Cortese list via the DTSC EnviroStor database. No hazards were identified on-site. However, due to the historic agricultural use of the site, residue from pesticides, fertilizers, and other agricultural chemicals may be present, including potential metals and organic compounds, such as DDT (which were historically common in agrochemicals, but are no longer used). If concentrations of these toxic compounds in the soil are high, the project could expose individuals coming into contact with the soil, such as construction workers, to increased health risk. Operation of the facility would require raw materials to be collected and delivered to the facility for processing 6 to 7 days per week. Processing would typically begin on Monday and run through Saturday. The regional collection routes and delivery schedules would be variable and would likely change day to day depending on the work schedules of the byproduct generators. Raw materials would be delivered to the facility by way of Darling-owned trucks, contract haulers, and customer-owned trucks. Although the truck route would be locally limited to Jensen Avenue, the routes may vary for the portions of truck trips that occur outside the city. Delivery schedules would be relatively stable with only limited seasonal fluctuations. The equipment used in the collection and delivery of these of raw materials to the facility would be maintained in good operating condition and travel in a closed/covered condition, consistent with industry standards. As discussed under a), the potential for spills would be reduced through the implementation of a Spill Prevention Control and Countermeasures (SPCC) plan. The SPCC plan would be managed in accordance with the requirements of 40 CFR 112, Oil Pollution Prevention, which requires a spill prevention plan and includes notification/response procedures. In addition, operation of the facility (and associated use of fuels, oils, and other industrial-related hazardous materials) would be located farther away from existing sensitive uses than the current location of the rendering facility. Therefore, potential for the project to release and expose sensitive user groups to hazardous materials would be unlikely. High voltage power lines transect the project site. The project site is configured such that the nearest structure is located approximately 250 feet away from the power line. Therefore, no structures would Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-43 interfere with the operation or maintenance of the power lines and would not likely be affected in the case a power line might fall. The proposed rendering facility would, therefore, not pose hazards related to the existing high voltage power lines. Because potential toxic chemicals associated with previous agricultural activities may be present on the site and could expose construction workers to increased health risk, the impact would be potentially significant. Mitigation Measure HAZ-1: Prior to initiation of grading or other groundwork, the project proponent shall hire a qualified environmental professional to conduct a Phase I environmental site assessment (ESA), consistent with the American Society for Testing and Materials standards (ASTM E1527). The Phase I ESA will evaluate the likelihood that hazardous chemicals are present and whether soil sampling is necessary. If the Phase I ESA indicates that contamination is unlikely, no further mitigation is necessary other than any recommendations identified in the Phase I ESA (such as stopping work if stained soil is encountered). If the Phase I ESA indicates that additional soil sampling or other further evaluation is necessary, the project proponent shall hire a qualified environmental professional to conduct a Phase II ESA to determine the presence and extent of contamination. The assessment will include soil sampling consistent with DTSC’s guidelines for development of former agricultural properties. (The investigation may include borings and composite samples for organochlorine pesticides and samples for arsenic.) If the results indicate that contamination exists at levels above regulatory action standards, then the site will be remediated in accordance with recommendations made by applicable regulatory agencies, including Fresno County Environmental Health Department, RWQCB, and DTSC. The agencies involved shall depend on the type and extent of contamination. If remediation is necessary, the applicant shall hire a qualified environmental professional to prepare a work plan that identifies necessary remediation activities, including excavation and removal of on-site contaminated soils, appropriate dust control measures, and redistribution of clean fill material on the project site. The plan shall include measures that ensure the safe transport, use, and disposal of contaminated soil removed from the site. The plan shall also identify when and where soil disturbing construction activities may safely commence. Significance After Implementation of Mitigation Measure Implementation of Mitigation Measure HAZ-1 would reduce this impact to a less-than-significant level by appropriately identifying and remediating any on-site soil contamination related to prior use of the site. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No impact. There are no schools located within 0.25-mile of the project site. The nearest school is Westpark Elementary located over 1.5 mile east of the project site. Therefore, there would be no impact on nearby schools. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment? No impact. As described in b) above, the project site does not contain known hazards, and is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Therefore, there would be no impact related to hazardous materials sites. Environmental Checklist Ascent Environmental City of Fresno 3-44 Rendering Plant Relocation Project e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No impact. The project site is not located within 2 miles of a public airport and is not located within an airport land use plan. There would be no impact related to airports. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No impact. As described in e) above, the project site is not located within 2 miles of a private airstrip. No impact would occur. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less-than-significant impact. Implementation of the project would result in construction of multiple industrial structures on-site and would include two access points, which would reduce potential obstruction of emergency vehicle access. The site plan would be reviewed by the City Fire Department and the final site plan would be required to meet all City Fire Department requirements for emergency vehicle access and turnaround, as well as secure evacuation routes. The project also would not substantially increase traffic on local roadways and would not obstruct emergency vehicle response or any adopted emergency response plan or evacuation plan. Therefore, implementation of the project would result in a less-than-significant impact. See Section 3.14, Public Services for more detailed discussion regarding emergency response. h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less-than-significant impact. The project site is surrounded by existing development and irrigated agricultural land. The site is not located within a designated urban-wildland interface area. Due to the surrounding developed land and irrigated agricultural land the likelihood for wildland fire in this area is low. Implementation of the project would result in construction of several structures that would be occupied by humans; therefore, all constructed buildings would be required to meet the building standards in Chapter 7A of the CBC at this level of hazard (CALFIRE 2007). The project would be served by well water in the case of emergency. This impact would be less than significant. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-45 HYDROLOGY AND WATER QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial on- or offsite erosion or siltation? d) 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 which would result in on- or offsite flooding? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) 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? j) Result in inundation by seiche, tsunami, or mudflow? Environmental Setting The primary surface water feature within the City of Fresno is the San Joaquin River, which is located approximately 10 miles north of the project site. The water quality within the segment running through the city is not substantially impaired. A network of agricultural canals and flood control channels traverse the Environmental Checklist Ascent Environmental City of Fresno 3-46 Rendering Plant Relocation Project city. Numerous agricultural ponds, recharge basins, and other similar features dot the city’s landscape. The City began to use surface water as a source of potable water supply in 2004 (City of Fresno, 2014b:5.9-5). The Kings River is connected to the San Joaquin River by the James Bypass, a manmade canal. Three dams control flows on the San Joaquin River and the Kings River: the Friant, Mendota, and Pine Flat Dams. In addition to the dams on the two rivers, there are reservoirs and detention basins that have been constructed to prevent flooding (City of Fresno, 2014b:5.9-1). The City of Fresno is located in the alluvial fans of numerous foothill streams and creeks that drain the western slope of the Sierra Nevada foothills. Based on a review of the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps for the city, there are areas that are subject to the 100‐year frequency flood zone; however, the project site is not located within a 100-year flood zone (City of Fresno, 2014b:5.9-7). Storm drainage facilities within the Fresno‐Clovis metropolitan area are planned, implemented, operated and maintained by the Fresno Metropolitan Flood Control District (FMFCD). The storm drainage facilities within a drainage area consist of storm drain inlets, pipeline, retention basins, urban detention (water quality) basins, and stormwater pump stations. The project site is not connected to the City’s municipal drainage system. The City of Fresno is underlain by the Kings River Sub‐basin, which, along with six other sub‐basins, comprises the San Joaquin Valley Groundwater Basin. Groundwater levels in the city have declined by an average of 1.5 feet per year since 1990. In the past 80 years, the water level has decreased from 30 feet below ground surface to more than 128 feet below ground surface, according to 2009 data provided by the City. A groundwater mound is located near the RWRF as a result of the disposal of treated effluent near the treatment facility into the percolation basins. Currently, subsurface recharge occurs from the movement of groundwater from external sources such as the Sierra Nevada moving into the local aquifer. Since the groundwater table surrounding the city is higher than inside the city, subsurface water tends to flow from surrounding areas with a higher groundwater table into the aquifer within the city that has a lower groundwater table. However, the City estimates that by the year 2025, groundwater operations (i.e., subsurface inflows and outflows) would be balanced and subsurface flows will not be directed to the city. Therefore, during and after the year 2025, subsurface water flows will not be a water supply source for the city since the water levels within the city would match the levels of the entire region. Additionally, while the groundwater supply within the Kings River Sub-basin generally meets drinking water standards, extensive contamination occurs throughout the city (City of Fresno, 2014b:5.9-4). Of the City’s 272 groundwater wells, 134 are affected by contaminant plumes. Nitrate, pesticides, and nutrients in agricultural drainage are currently found within much of the city’s groundwater supply, and their levels exceed some drinking water standards established by the State. While nitrates may occur naturally, their presence is often attributed to anthropogenic reasons. Leaking septic tanks, which are prevalent in the less dense southeast portion of the city, are also a substantial source of nitrate contamination. Another major problem facing the city’s groundwater supply is the presence of dibromochloropropane. This fumigant was widely used in the 1960s to control nematodes in vineyards and is now present in down-gradient groundwater wells. (City of Fresno, 2014b:5.9-3). Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-47 Discussion a, f) Violate any water quality standards or waste discharge requirements? Otherwise substantially degrade water quality? Less-than-significant impact. Separate discussions are provided below for the construction and operation phases of the project. Short-term Construction Impacts All earth-disturbing activities during construction would be subject to the National Pollutant Discharge Elimination System (NPDES). The NPDES Permit Program, which in this region is administered by the Central Valley RWQCB, helps control pollution in stormwater by regulating sources of pollution at construction sites that would result in the discharge of pollutants into the stormwater and subsequent receiving waters during both construction and operations activities. As required by NPDES, the project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009‐0009‐DWQ). The NPDES Construction General Permit identifies limits on can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health (EPA 2017). Construction activities subject to the Construction General Permit include clearing, grading, and other ground‐disturbing activities such as stockpiling or excavation. The Construction General Permit requires development and implementation of a Storm Water Pollution Prevention Plan (SWPPP) and BMPs such as maintaining or creating drainages to convey and direct surface runoff away from bare areas, and installing physical barriers such as berms, silt fencing, waddles, straw bales, and gabions. Because the project would be required to comply with the provisions of the Construction General Permit, including preparation of a SWPPP and implementation of all identified BMPs, short‐term construction impacts associated with water quality standards and waste discharge requirements would be minimized. Long‐Term Operational Impacts The project includes development of a new industrial use on land that is currently under agricultural production. This development would result in approximately 10 acres of new impervious surface. Additionally, during operation, the project has the potential to generate polluted runoff associated with storage of cleaning chemicals and vehicle/equipment leaks. The City of Fresno is a co‐permittee with the FMFCD, the County of Fresno, the City of Clovis, and California State University Fresno in the Phase 1 NPDES Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s). This Phase 1 MS4 Permit requires that the City and its co‐permittees implement water quality and watershed protection measures for all development projects. The waste discharge requirements contained in the NPDES Permit have been designed to be consistent with the water quality standards and goals established in the Central Valley RWQCB’s Basin Plan. The project would manage stormwater quality through a SWPPP in accordance with the requirements of Section B of NPDES General Permit No. CAS000001 for the discharge of stormwater associated with industrial activities, excluding construction activities. Implementation of the SWPPP and BMPs, which include programs, technologies, processes, practices, and devices that control, prevent, remove, or reduce pollution, would reduce impacts to surface waters to acceptable levels and long‐ term project impacts to surface or groundwater quality would not exceed acceptable levels. Thus, short- and long-term impacts on surface and groundwater quality would be less than significant. Environmental Checklist Ascent Environmental City of Fresno 3-48 Rendering Plant Relocation Project b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? Less-than-significant impact. The project would receive its water supply from a new well located near the northwestern corner of the project site. The well would deliver groundwater at a rate of 50 pounds per square inch. The estimated demand for City-supplied water would be 75,000 gallons per day (gpd). As described above in “Environmental Setting,” although the groundwater table throughout most of the city is depleted, the project site is adjacent to a groundwater mound which is created by the presence of treated effluent from the RWRF. Therefore, groundwater is readily available for use by the facility. Additionally, the facility would use non-potable recycled water available from the adjacent RWRF, in such quantities as Darling Industries, Inc. may reasonably require for operation of its rendering plant activities and maintenance. Due to the high level of groundwater associated with the RWRF, and the use of recycled water, the project would not substantially affect groundwater levels. Implementation of the project would add approximately 10 total acres of impervious surface to the site, and would leave approximately 30 acres without impervious surface, including landscape areas and grassy areas for stormwater filtration. Stormwater from the impervious surfaces would sheet flow into the undeveloped, grassy areas and would percolate into groundwater. Therefore, the project would not substantially impede groundwater recharge. Impacts related to groundwater levels and recharge would be less than significant. c, d, e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial on- or offsite erosion or siltation? 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 which would result in on- or offsite flooding? Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less than significant with mitigation incorporated. The project site is undeveloped, does not contain streams or rivers, and does not contain impervious surfaces. As discussed in a) above, construction of the project would result in ground‐disturbing activities such as grading, excavation, trenching, and spoil pile storage. The project would add approximately 10 acres of impervious surface to the currently undeveloped site, which would change the existing drainage rate and pattern of the site, which could increase soil erosion, which increases silt in stormwater that could contribute to degradation of downstream surface waters. However, the project would be required to comply with the following regulatory mechanisms prior to construction:  The City of Fresno grading plan check process,  The FMFCD Storm Drainage Master Plan (SDMP), and  NPDES Construction General Permit- Phase 1 MS4. Compliance with the grading plan check process requires that all new development drains properly and is routed to the appropriate location. Additionally, these regulations would result in appropriate handling of stormwater on site to reduce potential for substantial increased runoff and minimize potential for downstream flooding. Participation in the Phase 1 MS4 permit and implementation of the SDMP would Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-49 reduce water quality impacts to surface and groundwater by ensuring that discharged water meets the water quality standards and goals established in the Central Valley RWQCB’s Basin Plan through the implementation of BMPs described above. However, because the project would not drain into a municipal storm drain system, and no such system exists in the vicinity of the project site, increased stormwater rate and volume could cause increased potential for localized flooding if stormwater is not appropriately handled. Therefore, impacts would be potentially significant related to off-site flooding. Mitigation Measure HYD-1: The project proponent shall prepare an on-site drainage plan for review and approval by the City’s utilities department. The plan shall identify on-site stormwater quality and any needed storage features, such as (but not limited to) bioswales, bioretention facilities, and detention facilities. These facilities shall reduce the peak stormwater runoff rates (flowing off the site) to the existing runoff rate, or other appropriate runoff rate consistent with City and County standards, and shall be designed to minimize siltation in stormwater leaving the site. Significance after Implementation of Mitigation Measure Implementation of Mitigation Measure HYD-1 would result in a reduction in the potential for peak runoff rates to an appropriate adopted City standard or to existing runoff rates. This would reduce the potential impacts related to erosion and downstream flood potential to a less-than-significant level. g, h, i) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100-year flood hazard area structures 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? No impact. According to Federal Emergency Management Agency Flood Insurance Rate Map Panel 2085H, the project site does not fall within a floodplain, a FEMA-designated floodway, or an inundation area (FEMA, 2009). No housing is proposed as a part of this project. Therefore, the project would not place housing or structures within a 100-year flood hazard area or otherwise expose people or structures to increased flood risk. There would be no impact. j) Result in inundation by seiche, tsunami, or mudflow? No impact. The project area is located inland with no large water bodies located in the vicinity, and there is no known history of mud flow in the vicinity. The project would not subject people or structures to a significant risk of inundation from sea level rise, tsunami, seiche, or mudflow. There would be no impact. Environmental Checklist Ascent Environmental City of Fresno 3-50 Rendering Plant Relocation Project LAND USE AND PLANNING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. Land Use and Planning. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Environmental Setting The project site, currently owned by the City of Fresno, is located within an incorporated island that is surrounded by land in unincorporated Fresno County. The project site is currently designated “Public Facility” in the Fresno General Plan (Exhibit 2-3) and zoned PI (Exhibit 2-4). The Public Facility designation allows public facilities such as City and County buildings, schools, colleges, municipal airports, hospitals, fire and police stations, recycling centers, sewage treatment plants, parks, trails, recreational centers, and golf courses. Consistent with the General Plan designation, the PI zone allows public or quasi-public facilities, including City facilities, utilities, schools, health services, corporation yards, utility stations, and similar uses. Accessory retail uses and services, including food facilities and childcare, are permitted by right. The project site is not located within the boundaries of any approved or draft habitat conservation plan (HCP), natural community conservation plan (NCCP), or other adopted local, regional, or state HCP. Discussion a) Physically divide an established community? No impact. The project includes a General Plan Amendment and Rezone to allow construction of the proposed industrial facility on land currently designated and zoned for public-facility-related uses. The project site is over 2 miles from the city proper and would occupy an industrially zoned island that is surrounded by rural agricultural uses and public facility uses. There are a few scattered agricultural residences in the vicinity, but the nearest two residences are located over 1,200 feet east of the site (although the eastern project driveway intersects with Cornelia Avenue approximately 100 feet away from the southernmost residence). Because the project would primarily be limited to improvements within the property, and because of the project’s consistency with the character of the surrounding area (RWRF and electrical substation), the project would not divide an established community. Furthermore, the project includes relocation of the existing rendering plant from an area near an existing residential community to the project site, which is much further from an existing residential community, and is therefore considered a much more appropriate location of this type of industrial land use. Therefore, there would be no impact. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-51 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less-than-significant impact. The project requires a General Plan Amendment, Rezone, and CUP. Approval of these entitlements would change the underlying land use designation and zoning to be consistent with the proposed industrial land use. Requests for discretionary permits require that the project be evaluated for compliance and consistency with a variety of policy and regulatory programs that have been adopted in order to avoid or reduce the severity of potential environmental effects. Such plans, policies, and programs include the General Plan policies and adopted mitigation measures of the MEIR; subdivision, zoning and other ordinances incorporated into the City of Fresno Municipal Code; and various other resolutions and policy documents adopted by County decision-making bodies. The project would not conflict with these policies, ordinances, or other resolutions. The proposed industrial use would be consistent with adjacent land uses including the RWRF, the electrical substation, and general agricultural land uses. The current Darling Ingredients Inc. facility has had a history of documented odor complaints and Darling Ingredients, Inc. has indicated a willingness to relocate to another suitable site in the city. Relocation of the facility to this project site aligns with stated City goals and policies in the General Plan related to improving quality of life in existing communities. Therefore, the impacts related to land use consistency would be less than significant. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No impact. The project site is not located in any approved or draft HCP, NCCP or other adopted local, regional or state HCP. Thus, the project would not conflict with any applicable HCP or NCCP. There would be no impact. MINERAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. Mineral Resources. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Environmental Setting Mineral resources are all the physical materials that are extracted from the earth for use. Mineral reserves are known deposits of minerals that can be legally mined economically using existing technology. The principal area for mineral resources in the city is located in and immediately adjacent to the San Joaquin River Corridor (City of Fresno, 2014b:8-1). The project site is located approximately 10 miles south from the Environmental Checklist Ascent Environmental City of Fresno 3-52 Rendering Plant Relocation Project nearest point of the San Joaquin River. According to the California Department of Conservation Mineral Resource Zone Map, the project site is not located within an identified mineral resource zone (Department of Conservation 1986). Discussion a, b) 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? Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No impact. The project site is not located within a mapped mineral resource zone. No loss of availability of a known mineral resource that would be of value to the region and the residents of the state would occur. There are no locally important mineral resource recovery sites delineated on a local general plan, specific plan, or other land use plan that include the project area. Therefore, there would be no impact related to mineral resources. NOISE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. Noise. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-53 Environmental Setting Existing noise conditions are governed by the presence of noise-sensitive receptors, the location and type of noise sources, and overall ambient noise levels. Noise-sensitive land uses are generally considered to consist of those land uses where noise exposure could result in health-related risks to individuals, as well as places where a quiet setting is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Noise-sensitive land uses are also considered vibration-sensitive. There are no sensitive receptors located within the immediate project area. Most of the area surrounding the project site is in agricultural use (vineyards, orchards, and various row crops). A few agricultural residences are in the vicinity; the nearest two residences are located approximately 1,200 feet northeast and 1,300 feet southeast of the site, respectively. These receptors are on the east side of South Cornelia Avenue located within the County of Fresno. The existing noise environment in the project vicinity is primarily influenced by transportation noise from vehicle traffic on the surrounding roadway systems (e.g., South Cornelia Avenue, West Jensen Avenue, South Brawley Avenue, South Marks Avenue, and South West Avenue) and the RWRF to the west. The activities at the RWRF include mobile noise sources from maintenance vehicles and employee vehicles, as well as stationary noise sources associated with pumps and motors that run the various processes at the RWRF. The City and County have established noise standards to protect citizens from potential hearing damage and other adverse physiological and social effects from noise exposure. Section 10-101 of the City Municipal Code contains the City Noise Ordinance as detailed in Tables 9-2 and 9-3 in the City of Fresno General Plan Noise and Safety Element (City of Fresno 2014a). The County of Fresno Noise Ordinance (Chapter 8.40 of the County of Fresno Ordinance Code) and the Health and Safety Element of the County of Fresno General Plan contain the noise compatibility guidelines (County of Fresno 2000). The nearby noise-sensitive receptors are located within the county; therefore, construction and operational stationary source noise impacts were compared to the County’s noise standards. The noise impacts resulting from operational truck traffic to the project site were assessed based on the City and County noise standards because, although Jensen Avenue is a City road, it passes through both the city and county. CITY OF FRESNO NOISE ORDINANCE The City Noise Ordinance (Chapter 10e, Article 1 of the City of Fresno Municipal Code) specifies that construction between the hours of 7:00 a.m. and 10:00 p.m. on any day except Sunday is exempt from exterior noise standards in the Noise Ordinance (Section 10-109). CITY OF FRESNO GENERAL PLAN The City General Plan (City of Fresno 2014a) specifies maximum hourly noise levels for outdoor activity areas and indoor spaces measurement standards; uniform guidelines for acoustical studies based on current professional standards; required noise mitigation standards and enforcement procedures for stationary noise sources which cause the allowable noise limits to be exceeded. The Noise Ordinance establishes performance standards for noise reduction for new developed properties that may be exposed to community noise levels exceeding target acceptable noise levels for outdoor activity levels and indoor spaces. The maximum noise levels are described below in Table 3-4. Environmental Checklist Ascent Environmental City of Fresno 3-54 Rendering Plant Relocation Project Table 3-4 City of Fresno Transportation (Non-Aircraft) Noise Sources Noise-Sensitive Land Use Outdoor Activity Areas Interior Spaces Ldn/ CNEL, dB1 Ldn / CNEL, dB Leq dB1 Residential 65 45 - Transient Lodging 65 45 - Hospitals, Nursing Homes 65 45 - Theaters, Auditoriums, Music Halls - - 35 Churches, Meeting Halls 65 - 45 Office Buildings - - 45 Schools, Libraries, Museums - - 45 Notes: CNEL = Community Noise Equivalent Level; dB = decibels; Ldn = day-night average sound level; Leq = equivalent sound level 1As determined for a typical worst-case hour during periods of use. Source: City of Fresno 2014a. The City General Plan Noise and Safety Element includes policies applicable to the project, which are listed below.  Policy NS-1-a Desirable and Generally Acceptable Exterior Noise Environment. Establish 65 decibels (dB) day-night average sound level (Ldn) or Community Noise Equivalent Level (CNEL) as the standard for the desirable maximum average exterior noise levels for defined usable exterior areas of residential and noise-sensitive uses for noise, but designate 60 dB Ldn or CNEL (measured at the property line) for noise generated by stationary sources impinging upon residential and noise- sensitive uses. Maintain 65 dB Ldn or CNEL as the maximum average exterior noise levels for non-sensitive commercial land uses, and maintain 70 dB Ldn or CNEL as maximum average exterior noise level for industrial land uses, both to be measured at the property line of parcels where noise is generated which may impinge on neighboring properties.  Policy NS-1-b Conditionally Acceptable Exterior Noise Exposure Range. Establish the conditionally acceptable noise exposure level range for residential and other noise sensitive uses to be 65 dB Ldn or require appropriate noise reducing mitigation measures as determined by a site specific acoustical analysis to comply with the desirable and conditionally acceptable exterior noise level and the required interior noise level standards set in Table 9-2.  Policy NS-1-c Generally Unacceptable Exterior Noise Exposure Range. Establish the exterior noise exposure of greater than 65 dB Ldn or CNEL to be generally unacceptable for residential and other noise sensitive uses for noise generated by sources in Policy NS-1-a, and study alternative less noise-sensitive uses for these areas if otherwise appropriate. Require appropriate noise reducing mitigation measures as determined by a site specific acoustical analysis to comply with the generally desirable or generally acceptable exterior noise level and the required 45 dB interior noise level standards set in Table 9-2 as conditions of permit approval.  Policy NS-1-j. Significance Threshold. Establish, as a threshold of significance for the City's environmental review process, that a significant increase in ambient noise levels is assumed if the project would increase noise levels in the immediate vicinity by 3 dB Ldn or CNEL or more above the ambient noise limits established in this General Plan Update.  Policy NS-1-m. Transportation Related Noise Impacts. For projects subject to City approval, require that the project sponsor mitigate noise created by new transportation and transportation-related stationary noise sources, including roadway improvement projects, so that resulting noise levels do not exceed the City’s adopted standards for noise- sensitive land uses. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-55 COUNTY OF FRESNO NOISE ORDINANCE The County Noise Ordinance (Chapter 8.40 of the County of Fresno Ordinance Code) indicates that construction noise is exempt from local noise standards on weekdays from 6:00 a.m. to 9:00 p.m. and on Saturday and Sunday from 7:00 a.m. to 5:00 p.m. The County Noise Ordinance includes noise standards that apply to all residences, schools, hospitals, churches, and public libraries. Table 3-5 lists the exterior noise standards by time of exposure within a one- hour period. Table 3-6 shows the interior noise standards for all residential land uses. Table 3-5 County of Fresno Noise Control Ordinance: Exterior Noise Standards (dB) Cumulative Number of Minutes in Any 1-Hour Period Corresponding L% Daytime (7:00 a.m. – 10:00 p.m.) Nighttime (10:00 p.m. – 7:00 a.m.) 30 L50 50 45 15 L25 55 50 5 L8.3 60 55 1 L1.7 65 60 0 - 70 65 Notes: % = percent; dB = decibels; Lx = noise level exceeded X percent of a specific period of time Source: County of Fresno 1978 Table 3-6 County of Fresno Noise Control Ordinance: Interior Noise Standards (dB) Cumulative Number of Minutes in Any 1-Hour Period Daytime (7:00 a.m. – 10:00 p.m.) Nighttime (10:00 p.m. – 7:00 a.m.) 5 45 35 1 50 40 0 55 45 Notes: dB = decibels Source: County of Fresno 1978 COUNTY OF FRESNO GENERAL PLAN The County General Plan Health and Safety Element (County of Fresno 2000), which includes a noise section, establishes maximum acceptable noise levels for residential land uses. Table 3-7 lists the maximum acceptable noise levels for noise-sensitive land uses. Table 3-7 County of Fresno Maximum Acceptable Noise Levels (dB) Noise-Sensitive Land Use L50 Ldn Daytime Nighttime Exterior Interior Rural Residential 50 45 55 45 Urban Residential and Noise-sensitive Receivers1 55 50 60 45 Urban Commercial 65 60 - - Urban Industrial 70 70 - - Notes: dB = decibels; L50 = noise level exceeded 50 percent of a specific period of time; Ldn = day-night average sound level 1Schools, parks, hospitals, and rest homes. Source: County of Fresno 2000 Environmental Checklist Ascent Environmental City of Fresno 3-56 Rendering Plant Relocation Project The County General Plan Health and Safety Element (County of Fresno 2000) specifies locational restrictions for different land use types.  Policy HS-G.1. The County shall require that all proposed development incorporate design elements necessary to minimize adverse noise impacts on surrounding land uses.  Policy HS-G.5: Where noise mitigation measures are required to achieve acceptable levels according to land use compatibility or the Noise Control Ordinance, the County shall place emphasis on such measures upon site planning and project design. These measures may include, but are not limited to, building orientation, setbacks, earthen berms, and building construction practices. The County shall consider the use of noise barriers, such as soundwalls, as a means of achieving the noise standards after other design-related noise mitigation measures have been evaluated or integrated into the project.  Policy HS-G.6: The County shall regulate construction-related noise to reduce impacts on adjacent uses in accordance with the County’s Noise Control Ordinance.  Policy HS-G.7. Where existing noise-sensitive uses may be exposed to increased noise levels due to roadway improvement projects, the County shall apply the following criteria to determine the significance of the impact:  Where existing noise levels are less than 60 dB Ldn at outdoor activity areas of noise-sensitive uses, a 5 dB Ldn increase in noise levels will be considered significant.  Where existing noise levels are between 60 and 65 dB Ldn at outdoor activity areas of noise-sensitive uses, a 3 dB Ldn increase in noise levels will be considered significant; and  Where existing noise levels are greater than 65 dB Ldn at outdoor activity areas of noise-sensitive uses, a 1.5 dB Ldn increase in noise levels will be considered significant.  Policy HS-G.8: The County shall evaluate the compatibility of proposed projects with existing and future noise levels through a comparison to Chart HS-1, “Land Use Compatibility for Community Noise Environments.” Discussion a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less than significant with mitigation incorporated. Separate discussions are provided below for increases in short-term construction noise, operational stationary noise sources, and operational traffic-related noise sources generated by the project. Short-Term Construction Noise Impacts Construction activities would result in short-term noise. Construction activities would consist of grading and site preparation; utility installation and connection; roadway, driveway, and parking lot construction; building construction and equipment installation (e.g., rendering units, boilers, generators, cookers, pressers); and landscape installation. The construction staging area would be located on site. Construction activities would be limited to the less noise-sensitive hours (e.g., daytime) between 6:00 a.m. and 9:00 p.m., Monday through Friday, and 7:00 a.m. and 5:00 p.m., Saturday and Sunday. No pile driving or blasting would take place. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-57 Construction-generated noise levels would fluctuate depending on the type, number, and duration of equipment used. The effects of construction noise largely depend on the type of construction activities occurring on any given day, noise levels generated by those activities, distances to noise-sensitive receptors, and the existing ambient noise environment at nearby receptors. Construction equipment would vary by phase, but the entire construction process would include operation of the following types of equipment: graders, dozers, excavators, scrapers, water trucks, cranes, forklifts, generators, pavers, rollers, welders, and air compressors. Noise generated from these pieces of equipment would be intermittent and short as typical use is characterized by periods of full-power operation followed by extended periods of operation at lower power, idling, or powered-off conditions. The grading and site preparation phase typically generates the most substantial noise levels because of the on-site equipment associated with grading, compacting, and excavation are the noisiest. Site preparation equipment and activities include graders, dozers, and excavators. Minimal site preparation and trenching would be required for off-site construction activities. Off-site construction activities would be limited to connection to the existing natural gas line and recycled water line (located west of the site within the Jensen Avenue right-of-way), connection to the conditioned gas pipeline (located southwest of the site on the RWRF property), and construction of and connection to a new potable water well and new sewer manhole (located west of the site on the RWRF property). Although a detailed construction equipment list is not currently available, based on the types of construction activities associated with the proposed project (e.g., site grading, facility construction, parking construction) it is expected that the primary sources of noise would include graders, dozers, and excavators. Noise emission levels from these types of construction equipment are shown in Table 3-8 below. Based on the reference noise levels listed in the table and accounting for typical usage factors for each piece of equipment, on-site construction activities could generate a combined average noise level of approximately 86 dB equivalent continuous sound level (Leq) and 85 dB maximum sound level (Lmax) at 50 feet from the project boundary. Calculations of these combined noise levels are provided in Appendix B. The daytime noise exposure level was estimated for the closest noise-sensitive receptor that could be adversely affected by construction noise. The attenuated noise levels at the nearest noise-sensitive receptor (located 1,200 feet from the project area), would be 50 dB Leq and 49 dB Lmax. These estimates are conservative because the modeling assumes that the noise-generating equipment could operate simultaneously in proximity to each other near the boundaries of the project area. Detailed inputs and parameters for the estimated construction noise attenuation calculations are also provided in Appendix B. Table 3-8 Noise Levels Generated by Typical Construction Equipment Equipment Type Maximum Noise Level (dB Lmax) at 50 feet1 Typical Noise Level (dB Leq) at 50 feet1,2 Grader 85 81 Dozer 85 81 Excavator 85 81 Combined Noise Level at 50 feet 85 86 Attenuated Noise Level at 1,200 feet 49 50 Notes: dB= decibels; Lmax = maximum sound level; Leq = equivalent continuous sound level 1 Assumes all equipment is fitted with a properly maintained and operational noise control device, per manufacturer specifications. Noise levels listed are manufacture- specified noise levels for each piece of heavy construction equipment. 2Assumes typical usage factors. Source: Federal Transit Administration (FTA) 2006; data modeled by Ascent Environmental 2017. However, the County of Fresno Noise Ordinance (Chapter 8.40 of the County of Fresno Ordinance Code), exempts construction-related noise, provided that all construction activities are performed between 6:00 a.m. and 9:00 p.m., Monday through Friday, and between 7:00 a.m. and 5:00 p.m., Saturday and Sunday. As stated above, construction activities would be limited to the less noise-sensitive hours (e.g., daytime) Environmental Checklist Ascent Environmental City of Fresno 3-58 Rendering Plant Relocation Project between 6:00 a.m. and 9:00 p.m., Monday through Friday, and 7:00 a.m. and 5:00 p.m., Saturday and Sunday. Thus, noise-generating construction activities would be consistent with the limitations of the County Noise Ordinance. Therefore, short-term on-site construction noise would not result in the exposure of persons to or generation of noise levels in excess of applicable standards. Long-Term Operational Stationary Noise Impacts Raw materials would be delivered to the site by way of operator-owned trucks, contract haulers, and customer-owned trucks. The rendering process would be continuous and typically operate 24 hours per day, 6 to 7 days per week. Processing would typically begin on Monday and run through Saturday or as needed on Sunday. Delivery schedules would be relatively stable with only limited seasonal fluctuations. Mechanical equipment would be located indoors; therefore, operational noise would be generated primarily from truck deliveries and on-site equipment (e.g., fork lifts, man lifts, pickup trucks, yard trucks, front-end loaders). While trucks are typically a mobile noise sources, delivery-related activities behave more like a stationary noise source when they operate on a project site because they primarily occur in one location (e.g., various operational modes including short periods of full-power operation followed by extended periods of operation at lower power, idling, powered-off conditions, or extended presence at a given location to perform continuous or periodic operations [e.g., weighing, unloading]). As discussed in the project description, the fleet would include, but would not be limited to, barrel trucks, pump trucks, end dumps, hopper trailers, and tankers. The types and numbers of vehicles would vary based on customer needs, type of service being provided, and economic conditions, but it is anticipated that up to approximately 75 trucks could access the site daily. The equipment used in the collection and delivery of these of raw materials to the site would be maintained in good operating condition and travel in a closed/covered condition, consistent with industry standards. As shown in Table 3-9, on-site operational equipment would include fork lifts, man lifts, pickup trucks, and front-end loaders. Flatbed trucks were included in the modeling to account for the noise generated by delivery trucks when operating on-site. When occurring concurrently and in close proximity, such activities could result in noise levels of approximately 86 dB Leq and 90 dB Lmax at a distance of 50 feet. Because the facility would operate 24-hour hours per day, these activities would not be limited to the less noise-sensitive daytime hours. Table 3-9 Noise Levels Generated by Typical Operational Equipment Equipment Type Maximum Noise Level (dB Lmax) at 50 feet1 Typical Noise Level (dB Leq) at 50 feet1,2 Man Lift 85 81 Pickup Truck 55 51 Front End Loader 80 76 Flatbed Truck 84 80 Flatbed Truck 84 80 Combined Noise Level at 50 feet 90 86 Attenuated Noise Level at 1,750 feet3 59 55 Notes: dB= decibels; Lmax = maximum sound level; Leq = equivalent continuous sound level 1 Assumes all equipment is fitted with a properly maintained and operational noise control device, per manufacturer specifications. Noise levels listed are manufacture- specified noise levels for each piece of equipment. 2Assumes typical usage factors. 3Distance from operational activity area of the project to the nearest sensitive receptor. Source: Federal Transit Administration (FTA) 2006; data modeled by Ascent Environmental 2017. Noise levels were modeled from the location where on-site operational activity would occur (near the rendering plant building) and attenuated out to the nearest noise-sensitive receptor. Therefore, although the nearest sensitive receptor is approximately 1,200 feet away from the project site, it would be approximately 1,750 feet away from the operational activity area. Detailed inputs and parameters for the estimated operational noise attenuation calculations are provided in Appendix B. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-59 The County General Plan indicates that operational noise may not exceed 50 dB L50 during daytime hours or 45 dB L50 during nighttime hours, and 55 dB Ldn at an exterior location or 45 dB Ldn at an interior location. The exterior noise exposure level at the nearest noise-sensitive receptor that could be adversely affected by operational noise (residence located 1,750 feet east of the rendering plant building) would be 55 dB Leq, 59 dB Lmax, and 62 dB Ldn. Therefore, based the estimated operational noise attenuation calculations, nearby sensitive receptors could experience exterior noise levels exceeding the County General Plan exterior noise standards of 50 dB L50 during daytime, 45 dB L50 during nighttime, and 55 dB Ldn. Assuming the average exterior-to-interior noise level reduction of 24 dB typically provided by residential buildings (EPA 1978:11), the highest exterior Ldn that nearby sensitive receptors could experience without exceeding the 45-dB interior noise standard detailed in the County General Plan is 69 Ldn (69-24=45). Based on noise attenuation calculations conducted for the project and shown in Appendix B, no sensitive receptors would experience noise exceeding 69 Ldn. Thus, noise levels would not exceed the 45 dB Ldn nighttime interior noise standard Long-Term Operational Traffic Noise Impacts Project implementation would result in an increase in average daily traffic volumes on affected roadway segments and, potentially, an increase in traffic noise levels. Generally, a doubling of a noise source is required to result in an increase of 3 dB, which is perceived as barely noticeable by humans (Egan 2007:21). The City General Plan Policy NS-1-j establishes a 3 dB increase in the immediate vicinity of the noise source as a substantial noise increase. The City’s standard for noise increase is more stringent than the County’s standard, which, according to Policy HS-G.7 would be 5 dB in this area of the county. Thus, using the City’s more stringent standard regarding traffic noise, an increase in 3 dB or more in traffic noise would be considered substantial. Roadway segment traffic operations were conducted using the roadway segment analysis methodology applied for the City’s General Plan Update. All traffic volume forecasts were adjusted using the “difference method,” to account for the difference between existing counts and the base year model forecasts. The traffic volume for the modeled roadway segments were provided in the Rendering Plant Relocation Project Transportation Impact Analysis (Fehr & Peers 2017). This modeling was performed to evaluate the degree to which project-generated vehicle trips would result in a change in traffic noise levels, rather than precisely estimate the roadside noise levels. Tables 3-10, 3-11, and 3-12 summarize the modeled traffic noise levels along these roadway segments under existing and existing-plus-project conditions. For further details on traffic-noise modeling inputs and parameters, refer to Appendix B. As shown by the modeling below, the additional trips because of the project would not result in substantial increases (i.e., 3 dB or greater) in traffic noise on affected roadways. This is primarily because the additional trips would be a relatively minor increase in comparison to existing traffic volumes. Thus, increases in project-related traffic would not result in a substantial permanent increase in ambient noise levels in the project vicinity. Table 3-10 Modeled Traffic Noise Levels along Truck Access Route under Existing Conditions1 Roadway Segment Ldn (dB) Distance to Contour (feet) 70 dB 65 dB 60 dB 55 dB South Cornelia Avenue from West Church Avenue to West Jensen Avenue 68 30 64 138 296 South Cornelia Avenue from West Jensen Avenue to Project Driveway 59 31 67 143 309 West Jensen Avenue from Project Driveway to South Cornelia Avenue 67 62 133 287 618 West Jensen Avenue from South Cornelia Avenue to South Brawley Avenue 76 66 143 307 662 West Jensen Avenue from South Brawley Avenue to South Marks Avenue 79 77 166 358 770 West Jensen Avenue from South Marks Avenue to South West Avenue 70 79 170 365 787 West Jensen Avenue from South West Avenue to South Fruit Avenue 70 80 173 373 804 Environmental Checklist Ascent Environmental City of Fresno 3-60 Rendering Plant Relocation Project Table 3-10 Modeled Traffic Noise Levels along Truck Access Route under Existing Conditions1 Roadway Segment Ldn (dB) Distance to Contour (feet) 70 dB 65 dB 60 dB 55 dB South Brawley Avenue from West Church Avenue to West Jensen Avenue 70 24 52 113 243 South Brawley Avenue from West Jensen Avenue to West North Avenue 68 15 32 68 146 South Marks Avenue from West Church Avenue to West Jensen Avenue 67 27 59 128 275 South Marks Avenue from West Jensen Avenue to West North Avenue 66 20 44 94 202 South West Avenue to West Church Avenue to West Jensen Avenue 56 12 25 54 116 South West Avenue from West Jensen Avenue to West North Avenue 62 10 21 45 96 Notes: dB = decibels; Ldn = Day-Night Average Sound Level 1 This modeling was performed to evaluate the degree to which project-generated vehicle trips would result in a change in traffic noise levels, rather than precisely estimate the roadside noise levels. Source: Modeled by Ascent Environmental 2017. Refer to Appendix B for detailed noise modeling input data and output results. Table 3-11 Modeled Traffic Noise Levels along Truck Access Route under Existing-Plus-Project Conditions1 Roadway Segment Ldn (dB) Distance to Contour (feet) 70 dB 65 dB 60 dB 55 dB South Cornelia Avenue from West Church Avenue to West Jensen Avenue 68 30 64 138 298 South Cornelia Avenue from West Jensen Avenue to Project Driveway 59 34 73 158 341 West Jensen Avenue from Project Driveway to South Cornelia Avenue 67 65 139 300 647 West Jensen Avenue from South Cornelia Avenue to South Brawley Avenue 77 71 153 329 709 West Jensen Avenue from South Brawley Avenue to South Marks Avenue 79 81 175 378 813 West Jensen Avenue from South Marks Avenue to South West Avenue 70 83 178 384 828 West Jensen Avenue from South West Avenue to South Fruit Avenue 71 84 182 391 843 South Brawley Avenue from West Church Avenue to West Jensen Avenue 70 24 53 114 245 South Brawley Avenue from West Jensen Avenue to West North Avenue 68 15 32 69 148 South Marks Avenue from West Church Avenue to West Jensen Avenue 67 28 59 128 276 South Marks Avenue from West Jensen Avenue to West North Avenue 66 20 44 94 203 South West Avenue to West Church Avenue to West Jensen Avenue 56 12 25 54 117 South West Avenue from West Jensen Avenue to West North Avenue 62 10 21 45 96 Notes: dB = decibels; Ldn = Day-Night Average Sound Level 1 This modeling was performed to evaluate the degree to which project-generated vehicle trips would result in a change in traffic noise levels, rather than precisely estimate the roadside noise levels. Source: Modeled by Ascent Environmental 2017. Refer to Appendix B for detailed noise modeling input data and output results. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-61 Table 3-12 Net Change Modeled Traffic Noise Levels along Truck Access Route under Existing-Plus-Project Conditions1 Roadway Segment Net Change Ldn (dB) South Cornelia Avenue from West Church Avenue to West Jensen Avenue 0.0 South Cornelia Avenue from West Jensen Avenue to Project Driveway +0.6 West Jensen Avenue from Project Driveway to South Cornelia Avenue +0.3 West Jensen Avenue from South Cornelia Avenue to South Brawley Avenue +0.4 West Jensen Avenue from South Brawley Avenue to South Marks Avenue +0.4 West Jensen Avenue from South Marks Avenue to South West Avenue +0.3 West Jensen Avenue from South West Avenue to South Fruit Avenue +0.3 South Brawley Avenue from West Church Avenue to West Jensen Avenue 0.0 South Brawley Avenue from West Jensen Avenue to West North Avenue +0.1 South Marks Avenue from West Church Avenue to West Jensen Avenue 0.0 South Marks Avenue from West Jensen Avenue to West North Avenue 0.0 South West Avenue to West Church Avenue to West Jensen Avenue +0.1 South West Avenue from West Jensen Avenue to West North Avenue 0.0 Notes: dB = decibels; Ldn = Day-Night Average Sound Level 1 This modeling was performed to evaluate the project-related change in traffic noise levels, rather than precisely estimate the roadside noise levels. Source: Modeled by Ascent Environmental 2017. Refer to Appendix B for detailed noise modeling input data and output results. Project-generated stationary noise sources could exceed applicable noise standards and, thus, could result in a substantial increase in ambient noise levels at existing noise-sensitive receptors in the vicinity. As a result, this impact is considered potentially significant. Mitigation Measure NOI-1: The project proponent shall hire a qualified acoustical specialist to prepare a noise minimization plan, which shall identify design strategies and noise attenuation features to reduce noise generated by the proposed project to below 45 dB L50 at the primary outdoor gathering area (i.e., yard associated with the house) of all residences in the vicinity of the project where project operational noise could result in excess noise levels. The noise minimization plan shall include (but shall not be limited to) a combination of the following measures (or other measures demonstrated to be equally effective) to reduce the effect of noise levels generated by on- site operational noise sources:  Orient the building such that the building serves as a barrier protecting off-site receptors to noise generated by on-site operational equipment including fork lifts, man lifts, pickup trucks, front-end loaders, and delivery trucks. The typical sound level reduction a building could provide ranges from 12 dB with windows open to 27 dB with windows closed (EPA 1978: 11) and additional reduction is achievable if masonry exterior walls are used in the building’s construction (California Department of Transportation 2002:7-37).  Enclose the area where operational equipment would operate with one or more walls. Generally, a barrier that breaks the line of sight between a source and a receiver will typically result in at least 5 dB of noise reduction. Taller barriers provide increased noise reduction.  Construct a sound barrier along the sides of the project site between the sensitive receptors and the facility. The sound barriers must be constructed of solid material (e.g., wood, brick, adobe, an earthen berm, or combination thereof). Scenic quality factors shall be taken into account during Environmental Checklist Ascent Environmental City of Fresno 3-62 Rendering Plant Relocation Project design and the barriers shall be designed to blend into the landscape on the project site, to the extent feasible. Generally, a barrier that breaks the line of sight between a source and a receiver will typically result in at least 5 dB of noise reduction. Taller barriers provide increased noise reduction. Measures identified in the noise minimization plan shall be incorporated into the project design and identified on the site plan. The City shall verify that these measures are included in the site plan prior to approval of the final site plan. Significance after Implementation of Mitigation Measure Implementation of Mitigation Measure NOI-1 would incorporate one or more noise reduction measures detailed above into the final site plan and would result in a noise reduction of at least 10 dB, which is the reduction needed to comply with the County’s exterior noise standards of 50 dB L50 during daytime, 45 dB L50 during nighttime, and 55 dB Ldn, or the County’s exterior noise standards 45 dB Ldn at nearby residences. This reduces the impact to a less-than-significant level. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less-than-significant impact. Operation of the project would not result in any new long-term operational sources of ground vibration. Some ground vibration would be generated during project construction. Ground vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance. Construction-related ground vibration is normally associated with impact equipment such as jackhammers and the operation of some heavy-duty construction equipment, such as dozers and trucks. The effects of ground vibration may be unnoticeable at the lowest levels, result in low rumbling sounds and detectable vibrations at moderate levels, and high levels of vibration can cause sleep disturbance in places where people normally sleep or annoyance in buildings that are primarily used for daytime functions and sleeping. Construction activities would require the use of heavy-duty off-road equipment such as dozers, graders, excavators, and various trucks (e.g., material and equipment haul trucks, water trucks). No pile driving or blasting would take place. Table 3-13 presents the levels of ground vibration that could be generated by the types of heavy-duty equipment that could be used during construction of the project. Table 3-13 Representative Ground Vibration and Noise Levels for Construction Equipment Equipment PPV at 25 feet (in/sec) Approximate Lv (VdB) at 25 feet Small Dozer 0.003 58 Loaded Trucks 0.076 86 Large Dozer 0.089 87 Vibratory Roller (Compactor) 0.210 94 Notes: PPV = peak particle velocity; LV = the root mean square velocity expressed in vibration decibels (VdB), assuming a crest factor of 4; VdB = vibration decibel Source: FTA 2006. As shown in Table 3-13, of the heavy-duty equipment that could be used during project construction the highest level of ground vibration would be generated by a vibratory roller. A vibratory roller operated within approximately 25 feet of an existing building or structure could expose that structure to levels of ground vibration that exceed California Department of Transportation’s (Caltrans’s) recommended level of 0.2 inches per second (in/sec) peak particle velocity (PPV) with respect to the prevention of structural damage. Also, a vibratory roller operated within 75 feet of a building could expose the building occupants to ground vibration levels that exceed the Federal Transit Administration’s (FTA) maximum-acceptable vibration Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-63 standard of 80 VdB with respect to human annoyance for residential uses. Because all construction activity would take place at least 1,200 feet from sensitive receptors, there would be no exceedance of Caltrans’s recommended level of 0.2 in/sec PPV with respect to the prevention of structural damage and FTA’s standard of 80 VdB with respect to human annoyance for residential uses. Therefore, the project would not expose of persons to excessive levels of groundborne vibration. This impact would be less than significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less-than-significant impact. As discussed under a) above, with implementation of mitigation measures new stationary sources would not expose existing off-site noise-sensitive receptors to noise levels that would exceed daytime or nighttime noise standards established in the County Noise Ordinance. Similarly, noise from project-related traffic along local roadways would not significantly increase noise levels in the project area because the increase in traffic would not result in a noise increase of 3 dB at sensitive receptor locations. Therefore, impact would be less than significant. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less-than-significant impact. As discussed under item a) above, the County Noise Ordinance (Chapter 8.40 of the County of Fresno Ordinance Code) exempts construction noise from noise standards provided that such work takes place between the hours of 6:00 a.m. to 9:00 p.m. on Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday and Sunday. Therefore, the construction-generated noise levels would not result in temporary or periodic increases in ambient noise levels at the nearest noise-sensitive receptor. This impact would be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact. Airports closest to the project site include: Fresno-Chandler Executive Airport, Turner Field Airport, Selma Airport, Quinn Airport, Del Rey Juice Airstrip, Sierra SKY Park Airport, Bland Field Airport, Du Bois Ranch Airport, San Joaquin Airport, and Fresno Yosemite International Airport. Fresno-Chandler Executive Airport, Selma Airport, Sierra SKY Park Airport, and Fresno Yosemite International Airport have adopted Land Use Compatibility Plans intended to protect the general welfare of the inhabitants within the vicinity of these airports. The nearest airport to the project site is the Fresno-Chandler Executive Airport, located 3.5 miles to the east. At this distance, low-flying aircraft performing take-offs and landings at Fresno-Chandler Executive Airport would not affect the noise environment at the project site. There are no private airstrips located within the project vicinity. Because of the distance of the project site from the nearest airport, the project would not expose people residing or working in the area to excessive noise levels from aircraft operations. Furthermore, the project would not result in the placement of new noise-sensitive receptors. There would be no impact related to noise exposure from aircraft activity. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No impact. See item e) above. Environmental Checklist Ascent Environmental City of Fresno 3-64 Rendering Plant Relocation Project POPULATION AND HOUSING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. Population and Housing. Would the project: a) 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)? b) Displace substantial numbers of existing homes, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Environmental Setting According to U.S. Census Bureau, the city’s population as of the 2010 census was 494,664 (U.S. Census Bureau 2010). Most of the residential population is over 2 miles from the project site, along the San Juaquin River corridor and in the neighborhoods surrounding downtown. The City’s General Plan focuses on infill growth in activity centers, downtown, and along the City’s Bus Rapid Transit corridors with the primary goal of creating livable, and complete neighborhoods (City of Fresno, 2014a:3-6). Data shows that after the year 2000, the number of employees residing in Fresno County exceeded the number of jobs available. Therefore, employees who lived in Fresno County tended to travel outside the County to their place of employment. The City’s General Plan focuses on improving economic growth through encouraging mixed-uses and higher intensities in developed areas (City of Fresno, 2014a:3-3). Discussion a) 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)? Less-than-significant impact. The project includes the construction of a relocated and expanded industrial rendering facility. The facility is moving from its current location within the southeastern portion of the city to an incorporated island of City-owned property that is west of the city proper and surrounded by unincorporated agricultural land. The project site is currently designated as Public Facility and would be redesignated to Heavy Industrial to accommodate the proposed relocated rendering facility. The project does not include the construction of residential housing, extend roads, or expand service infrastructure. Therefore, the project is not expected to result in any direct population growth or any substantial indirect population growth. Construction would be short-term and is not expected to result in construction employees relocating to the project vicinity due to this short duration. The project would provide approximately 23 new employment positions in addition to the current employees, bringing the total to 70 employees. It is anticipated that the new employees would most likely reside locally (within the city or county). Therefore, the project would have less-than-significant impacts on population growth. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-65 b, c) Displace substantial numbers of existing homes, necessitating the construction of replacement housing elsewhere? Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No impact. The project would not remove any existing homes or otherwise displace people. Therefore, the project would have no impact on displacement of homes or people. PUBLIC SERVICES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. Public Services. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Environmental Setting The project site is served by the City of Fresno Fire Department which has 19 fire stations and 66 daily firefighters within the City. The department’s target time to respond to calls is 4 minutes (City of Fresno, 2014b:5-13.3). The closest fire station is located approximately 6 miles north, at 2510 North Polk. The station is staffed with a crew of three firefighters and an engine (City of Fresno, 2017). The project site is located approximately 6 miles west from the closest Fresno Police Department station at 1211 Fresno Street. The site is also located approximately ½ mile north of the Fresno Police Department Regional Training Center. Additionally, the project site is located within Patrol Area 2 of the Fresno County Sheriff’s office. There are four Patrol Training Officers assigned to the Patrol Area and all entry-level field deputies are assigned here during their training phase. Five detectives are assigned to Areas 2 and 4 and handle armed robbery and property crime investigations (Fresno County Sheriff, 2017). The Area 2 Sheriff’s Department office is located at 5717 E. Shields Avenue, which is approximately 15 miles east of the project site (City of Fresno, 2014b:5.13-2). Environmental Checklist Ascent Environmental City of Fresno 3-66 Rendering Plant Relocation Project The project site is located within the Central Unified School District which serves the northwestern and western areas of Fresno. However, the project is an industrial project and would not result in the addition of new students (City of Fresno, 2014b:5.13-8). The city contains over 4,000 acres of open space and maintains approximately 1,617 acres of open space and nearly 230,000 square feet of building space dedicated to recreational and educational purposes. The City is currently exceeding its target standard of 3 acres of parkland per resident (City of Fresno, 2014b:5.13-8-10). The closest public park to the project site is Kearney Park which is approximately 4.6 miles northeast. Discussion a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Less-than-significant impact. All site plans and building designs would be reviewed by the City Fire Department to verify that the project would comply with City fire code and other standards; therefore, the project would include appropriately designed fire suppression facilities (i.e., sprinklers, extinguishers, fire hydrants) and adequate emergency access. The project site is currently vacant and located between the existing RWRF and an electrical substation. As these facilities currently require fire protection service, addition of the proposed industrial facility to the area does not expand the City Fire Department’s service area. Because of staffing reductions and other cuts since 2009, the City of Fresno Fire Department currently does not meet target response times. The City’s level of service is below average compared to similar-sized metropolitan cities. As described above and in the General Plan MEIR on pages 5.13-23 and 5.13-24, additional staff, equipment, and facilities would be required to provide adequate levels of fire service and improve response times. In compliance with Section 12‐4.901 of the Fresno Municipal Code, development impact fees are being collected from new development for the construction of capital fire facilities. The project would be required to deposit a Fire Service Fee with the City prior to occupancy of the facility. Payment of the required fees would provide funding to supplement staff and equipment to improve response times and would minimize impacts to fire protection services. This impact would be less than significant. Police protection? Less-than-significant impact. Similar to the fire service issue described above, the City of Fresno anticipates that build-out associated with the General Plan would require additional officers, equipment and facilities. As described in the General Plan MEIR on pages 5.13-27 and 5.13-28, additional staff, equipment, and facilities would be required to ensure adequate levels of police protection. In accordance with Section 12‐ 4.801 of the Fresno Municipal Code, development impact fees are being collected from new development for the construction and acquisition of capital facilities and staff. The project would be required to deposit a Police Service Fee with the City prior to occupancy of the facility. Payment of the required fees would provide funding to supplement staff and equipment and reduce impacts to police protection services. This impact would be less than significant. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-67 Schools? Parks? Other public facilities? Less-than-significant impact. The project includes moving an existing industrial use to a part of the city that includes fewer sensitive uses. The project would not include any additional housing and, although the project includes an expansion of the facility’s operation, the addition of 23 employees would not result in population growth that would substantially increase demand for public services, such as schools and parks. The impact is less than significant. RECREATION ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. Recreation. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Environmental Setting The City’s park system contains several classes of park space, including trails, regional parks, neighborhood parks, educational facilities, dual‐use ponding basins, etc. The City of Fresno has 4,019 acres of existing open space (City of Fresno, 2014b:5.13-8). The nearest recreation facility is Kearney Park, which is an historic home site with open space. The park is approximately 1.5 miles to the northwest of the project site. Discussion a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less-than-significant impact. The project would not include any additional housing and, although the project includes an expansion of the facility’s operation, the addition of 23 employees would likely be drawn from the local population and would not result in population growth that would substantially increase demand for parks. Because the project is non-residential, it is not required to provide recreation facilities. Due to the project’s rural location, employees would not be expected to regularly use city or county park facilities. Environmental Checklist Ascent Environmental City of Fresno 3-68 Rendering Plant Relocation Project Therefore, the project would not substantially increase demand for or use of existing parks. The project would result in a less-than-significant impact related the deterioration of existing recreational facilities. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less-than-significant impact. The project does not include recreational facilities, and as described in a) above, would not increase demand for park facilities such that new or expanded park facilities would be necessary. Therefore, the project would result in a less-than-significant impact related to the construction or expansion of recreational facilities. TRANSPORTATION/TRAFFIC ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. Transportation/Traffic. Would the project: a) 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 non-motorized 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? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) 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? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Introduction The following section is based on a traffic impact study prepared by Fehr & Peers. The full traffic impact study is attached to this IS as Appendix D. The following traffic analysis evaluates the potential impacts to the transportation system associated with the proposed relocation of the rendering facility from its current location Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-69 on Belgravia Avenue to a new location on about 40 acres near the RWRF. The impact analysis examines the roadway, transit, bicycle, pedestrian, rail, and aviation components of the transportation system. This traffic analysis includes the following scenarios:  Existing Conditions Analysis. The existing and existing plus project analyses are used to identify impacts directly related to the development of the project. Existing roadway operations were analyzed using roadway geometrics as observed in Spring 2017 and traffic volumes obtained in May 2017.  Cumulative Conditions Analysis. The Cumulative Conditions scenario analyzes the project’s effects on transportation when viewed in connection with the effects of reasonably foreseeable future projects. Outside of the City of Fresno sphere-of-influence (SOI), the analysis uses the Fresno Council of Governments (Fresno COG) 2035 population and employment forecasts as land use inputs for future development in the region. The analysis also includes reasonably foreseeable roadway network changes consistent with the City of Fresno General Plan. STUDY INTERSECTIONS Traffic operations at the study intersections were analyzed using procedures and methodologies contained in the Highway Capacity Manual (HCM), Transportation Research Board, 2010. These methodologies were applied using Synchro software package (Version 9), developed by Trafficware. Table 3-14 displays the delay range associated with each LOS category for signalized and unsignalized intersections based on the HCM. Table 3-14 Intersection Level of Service Criteria Level of Service Average Control Delay [seconds/vehicle] Description Signalized Stop Controlled A < 10.0 < 10.0 Very low delay. At signalized intersections, most vehicles do not stop. B 10.1 to 20.0 10.1 to 15.0 Generally good progression of vehicles. Slight delays. C >20.1 to 35.0 >15.1 to 25.0 Fair progression. At signalized intersections, increased number of stopped vehicles. D >35.1 to 55.0 >25.1 to 35.0 Noticeable congestion. At signalized intersections, large portion of vehicles stopped. E >55.1 to 80.0 >35.1 to 50.0 Poor progression. High delays and frequent cycle failure. F >80.0 >50.0 Oversaturation. Forced flow. Extensive queuing. Source: Highway Capacity Manual (Transportation Research Board 2010) The HCM methodology determines the level of service (LOS) at signalized intersections by comparing the average control delay (i.e., delay resulting from initial deceleration, queue move-up time, time actually stopped, and final acceleration) per vehicle at the intersection to the established thresholds. The LOS for traffic signal controlled and all-way stop controlled intersections is based on the average control delay for the entire intersection. For side-street stop-controlled intersections, the LOS is evaluated separately for each individual movement with delay reported for the critical (i.e., worst case) turning movement. STUDY ROADWAY SEGMENTS Roadway segment traffic operations was conducted using the roadway segment analysis methodology applied for the City’s General Plan update. Traffic volumes on the study roadway segments are used to determine the overall usage and congestion. Note that the roadway segment analysis is based on traffic counts taken at a single location, which was intended to be representative of the entire segment. A link connects two intersections; a segment is a series of links. The segments used in this analysis were developed based on where a series of links had common physical and traffic conditions. Typically, intersection operations control the perception of drivers on a roadway facility, since drivers experience delay at intersections. Environmental Checklist Ascent Environmental City of Fresno 3-70 Rendering Plant Relocation Project Traffic operations on the study roadway segments were measured using a qualitative measure called level of service (LOS). LOS is a general measure of traffic operating conditions whereby a letter grade, from A (the best) to F (the worst), is assigned. These grades represent the perspective of drivers and are an indication of the comfort and convenience associated with driving, as well as speed, travel time, traffic interruptions, and freedom to maneuver. The LOS grades are generally defined as follows:  LOS A represents free-flow travel with an excellent level of comfort and convenience and the freedom to maneuver.  LOS B has stable operating conditions, but the presence of other road users causes a noticeable, though slight, reduction in comfort, convenience, and maneuvering freedom.  LOS C has stable operating conditions, but the operation of individual users is substantially affected by the interaction with others in the traffic stream.  LOS D represents high-density, but stable flow. Users experience severe restriction in speed and freedom to maneuver, with poor levels of comfort and convenience.  LOS E represents operating conditions at or near capacity. Speeds are reduced to a low but relatively uniform value. Freedom to maneuver is difficult with users experiencing frustration and poor comfort and convenience. Unstable operation is frequent, and minor disturbances in traffic flow can cause breakdown conditions.  LOS F is used to define forced or breakdown conditions. This condition exists wherever the volume of traffic exceeds the capacity of the roadway. Long queues can form behind these bottleneck points with queued traffic traveling in a stop-and-go fashion. The LOS was calculated for each study roadway segment to evaluate the quality of traffic conditions. LOS was determined by comparing traffic volumes for each roadway segments, incorporating roadway functional classification, and number of travel lanes, presence of two-way left-turn lanes with peak hour LOS capacity thresholds. These thresholds are shown in Table 3-15 and were calculated based on the methodology contained in the HCM (Transportation Research Board 2010). The HCM methodology is the prevailing measurement standard used throughout the United States and is recommended for use in the City of Fresno Traffic Impact Study Report Guidelines (2009). In addition to LOS, the ratio of volume-to-capacity is also provided for information purposes. This is to provide the reader with a general sense of how close the peak hour traffic volume on a subject roadway segment is to the assigned capacity of the roadway. A volume-to- capacity ratio of 1.00 would signify a roadway at capacity. Table 3-15 Roadway Functional Class and Peak Hour LOS Thresholds Functional Class Median Lanes Peak Hour Level of Service Capacity Thresholds A B C D E Freeway N/A1 4 2,720 4,460 6,630 7,720 8,630 3+Aux2 2,360 3,860 5,640 6,730 7,530 3 2,000 3,270 4,660 5,740 6,430 2+Aux 1,650 2,700 3,850 4,760 5,340 2 1,300 2,130 3,050 3,790 4,260 State Expressway Divided 6 2,410 3,960 5,730 7,450 8,450 4 1,610 2,650 3,810 4,960 5,630 2 810 1,340 1,890 2,470 2,810 Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-71 Table 3-15 Roadway Functional Class and Peak Hour LOS Thresholds Functional Class Median Lanes Peak Hour Level of Service Capacity Thresholds A B C D E City Expressway Raised Median 6 1,860 6,170 6,520 5 1,520 5,110 5,430 4 1,180 4,050 4,340 2 520 1,910 2,160 Super Arterial Raised Median 6 4,910 6,240 5 4,040 5,195 4 3,170 4,150 Arterial Raised Median 8 2,120 7,070 7,490 6 1,560 5,270 5,610 5 1,280 4,370 4,670 4 1,000 3,470 3,730 3 720 2,555 2,795 2 440 1,640 1,860 TWLTL 4 940 3,290 3,550 2 420 1,550 1,760 Undivided 4 770 2,740 2,980 2 340 1,270 1,480 Collector TWLTL 4 940 3,290 3,550 2 420 1,550 1,760 Undivided 4 770 2,740 2,980 2 340 1,270 1,480 One-Way Undivided 3 1,960 2,240 2,430 2,610 2 1,250 1,490 1,620 1,740 1 550 740 800 870 Rural State Highway Undivided 2 310 570 1,020 1,730 2,470 Rural Arterial Divided 4 1,950 3,580 3,780 Undivided 2 570 1,230 1,310 Rural Collector/Local Undivided 2 700 930 1,000 Notes: 1 N/A – Not applicable for operational class 2 Aux – Auxiliary Lane – LOS is not achievable because of type of facility. TWTL = two-way left-turn lane Source: Fehr & Peers 2017 Environmental Checklist Ascent Environmental City of Fresno 3-72 Rendering Plant Relocation Project Regulatory Setting This section summarizes the transportation policies, laws, and regulations that apply to the project. This information provides context for the impact discussion related to the project’s consistency with applicable regulatory conditions. Further, this study identifies impacts to traffic operations by comparing roadway LOS analysis results against LOS policies set forth by the City of Fresno. Senate Bill 743 On September 27, 2013, Governor Brown signed Senate Bill 743 (SB 743), which made several changes to the California Environmental Quality Act (CEQA) for project located in areas served by transit. The changes direct the Governor’s Office of Planning and Research (OPR) to develop a new approach for analyzing the transportation impacts under CEQA, which may eliminate vehicle delay and level of service as CEQA impacts for many parts of California. SB 743 also creates a new exemption for certain projects that are consistent with a Specific Plan and, eliminates the need to evaluate aesthetic and parking impacts of a project, in some circumstances. The guidelines will likely go into effect in late 2017/early 2018 after the Natural Resource Agency completes its rulemaking process, unless OPR elects to allow an opt-in period of one to two years. City of Fresno The City of Fresno provides for the mobility of people and goods within the city. City of Fresno General Plan The City of Fresno adopted the Fresno General Plan in December 2014 as an update to the previous 2002 Fresno General Plan. The Fresno General Plan serves as the community’s guide for the continued development, enhancement, and revitalization of the Fresno metropolitan area. The General Plan includes the following policies related to transportation and circulation that are relevant to this analysis:  MT-2-i: Transportation Impact Studies. Require a Transportation Impact Study (currently named Traffic Impact Study) to assess the impacts of new development projects on existing and planned streets for projects meeting one or more of the following criteria, unless it is determined by the City Traffic Engineer that the project site and surrounding area already has appropriate multi-modal infrastructure improvements.  When a project includes a General Plan amendment that changes the General Plan Land Use Designation.  When the project will substantially change the off-site transportation system (auto, transit, bike or pedestrian) or connection to the system, as determined by the City Traffic Engineer.  Transportation impact criteria are tiered based on a project’s location within the City’s Sphere of Influence. This is to assist with areas being incentivized for development. The four zones, as defined on Figure MT-4, are listed below. The following criteria apply:  Traffic Impact Zone I (TIZ-I): TIZ-I represents the Downtown Planning Area. Maintain a peak hour LOS standard of F or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips.  Traffic Impact Zone II (TIZ-II): TIZ-II generally represents areas of the City currently built up and wanting to encourage infill development. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-73  Traffic Impact Zone III (TIZ-III): TIZ-III generally represents areas near or outside the City Limits but within the SOI as of December 31, 2012. Maintain a peak hour LOS standard of D or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 100 or more peak hour new vehicle trips.  Traffic Impact Zone IV (TIZ-IV): TIZ-IV represents the southern employment areas within and planned by the City. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. City of Fresno Traffic Impact Study Report Guidelines The City of Fresno’s Traffic Impact Study Report Guidelines establish general procedures and requirements for the preparation of traffic impact studies associated with development within the city. The guidelines are intended to be a checklist to ensure regular study items are not missed, but are not intended to be prescriptive to the point of eliminating professional judgment. The guidelines include the preferred traffic analysis methodologies, significance criteria, and documentation requirements. This study is conducted using the preferred analysis methodologies and significance criteria as outlined in the guidelines. City of Fresno Active Transportation plan The City of Fresno Active Transportation Plan (ATP) is a comprehensive guide outlining the vision of active transportation in the City of Fresno, and a roadmap for achieving that vision. County of Fresno County of Fresno 2000 General Plan The County of Fresno 2000 General Plan includes the following policy related to transportation and circulation that are relevant to this analysis:  Policy TR-A.2: The County shall plan and design its roadway system in a manner that strives to meet LOS D on urban roadways within the spheres of influence of the cities of Fresno and Clovis and LOS C on all other roadways in the county. Environmental Setting The following describes the existing travel characteristics and the condition of the roadway, transit, bicycle and pedestrian systems, goods movement, and aviation in the study area. The traffic analysis uses the existing conditions as the baseline to measure the potential impacts of project. TRAVEL CHARACTERISTICS The City of Fresno is the fifth-largest city in California with a population of 494,664 in 2010 (U.S. Census Bureau 2010). Fresno County has a population of 940,220 people making it the tenth-largest county in the state and is expected to reach 1.1 million people by 2020 (City of Fresno 2012). Located in the California’s San Joaquin Valley, Fresno is equidistance from the major population centers in Northern and Southern California with easy access to the California Central Coast and Sierra Nevada. The 2000-2001 California Household Travel Survey provides information on residents’ travel patterns including the purpose and method of travel in Fresno County. For convenience, travel survey responses are grouped into the following three general categories:  Home-Based Work. Trips may begin or end at a residence and represent travel between a residence and place of work. Environmental Checklist Ascent Environmental City of Fresno 3-74 Rendering Plant Relocation Project  Home-Based Other. Trips may begin or end at a residence and include school trips, shopping trips, or trips for recreation.  Non-Home-Based. Trips do not begin or end at a residence. These trips would include a trip from work to a restaurant during lunch According to the 2000-2001 California Household Travel Survey, Home-Based Work trips account for 20 percent of trips. In general, Home-Based Work trips occur during the morning and evening commute periods and are predominately made by automobile. There is less flexibility in the departure and arrival time for work trips, due to traditional work schedules. Other trip purposes account for about 80 percent of travel and are more evenly distributed throughout the day. Most residents traveled from home to work by automobile (about 98 percent) with about 15 percent of those being shared ride (i.e., carpool) trips. Shared ride, transit, walk, and bike trips were significantly higher for non-work trips (Home-Based Other and Non-Home-Based purposes). The average weekday person trip length for Home-Based Work was about 20 minutes compared to Home- Based Other trips (15 minutes), and Non-Home-Based trips (16 minutes). On average, non-work trips are about 30 percent shorter than work trips and have a higher percentage of transit walk and bike use. This is reasonable given trip purpose, trip scheduling flexibility, and proximity of trip origin and trip destination. The 2000-2001 California Household Travel Survey also shows that about 12 percent of Fresno County households did not have access to a vehicle and therefore are dependent on transit, walking, and bicycling for mobility. ROADWAY NETWORK The roadway network in the city is generally a traditional grid-based network of north/south and east/west streets. Nearly every major street in the Fresno metropolitan area is regularly spaced at half-mile intervals. The grid system provides high levels of accessibility (i.e., travel choices) for travelers. The study facilities are listed below: Intersections  Jensen Avenue/Cornelia Avenue  Jensen Avenue/Brawley Avenue  Jensen Avenue/Marks Avenue  Jensen Avenue/West Avenue Roadway Segments  Jensen Avenue – Project Access to Cornelia Avenue  Jensen Avenue – Cornelia Avenue to Brawley Avenue  Jensen Avenue – Brawley Avenue to Marks Avenue  Jensen Avenue – Marks Avenue to West Avenue  Jensen Avenue – West Avenue to Fruit Avenue  Cornelia Avenue – Church Avenue to Jensen Avenue  Cornelia Avenue – Jensen Avenue to North Avenue  Brawley Avenue – Church Avenue to Jensen Avenue  Brawley Avenue – Jensen Avenue to North Avenue  Marks Avenue – Church Avenue to Jensen Avenue  Marks Avenue – Jensen Avenue to North Avenue  West Avenue – Church Avenue to Jensen Avenue  West Avenue – Jensen Avenue to North Avenue Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-75 Roadway Characteristics All of the study roadways outlined above are two lanes. Except for Jensen Avenue, which is classified as an arterial, all of the other study roadways are collectors with 55 miles per hour posted speed limits. Jensen Avenue has striped and paved shoulders, while Cornelia Avenue, Brawley Avenue, Marks Avenue, and West Avenue do not. All of the study intersections have side-street stop control with Jensen Avenue being the uncontrolled facility. TRAFFIC OPERATIONS Table 3-16 summarizes existing AM and PM peak hour LOS for the study intersections. As shown, all of the study intersections will operate acceptably at LOS C or better during both the AM and PM peak hours. Table 3-16 Peak Hour Intersection Level of Service – Existing Conditions Intersection Traffic Control LOS / Delay (seconds) AM PM 1. Jensen Avenue/Cornelia Avenue SSSC A (B) / 3 (12) A (B) / 4 (14) 2. Jensen Avenue/Brawley Avenue SSSC A (B) / 4 (12) A (B) / 2 (13) 3. Jensen Avenue/Marks Avenue SSSC A (B) / 4 (14) A (C) / 5 (16) 4. Jensen Avenue/West Avenue SSSC A (B) / 1 (12) A (B) / 1 (13) Notes: SSSC = side-street stop control Source: Fehr & Peers 2017 The AM and PM peak hour intersection turning movement traffic volumes used for the analysis presented in Table 3-16 are included in the technical appendix. Table 3-17 summarizes existing conditions AM and PM peak hour LOS for the study roadways. As shown, all of the study roadways will operate at LOS D or better during both the AM and PM peak hours. The County roadway segments, which includes Cornelia Avenue and Brawley Avenue, will operate acceptably at LOS C. Table 3-17 Peak Hour Roadway Segment Level of Service – Existing Conditions Intersection Volume Lanes Existing AM PM AM PM VC LOS VC LOS Jensen Avenue Project Access to Cornelia Avenue 257 337 2 0.17 C 0.23 C Cornelia Avenue to Brawley Avenue 268 373 2 0.18 C 0.25 D Brawley Avenue to Marks Avenue 427 468 2 0.29 D 0.32 D Marks Avenue to West Avenue 405 483 2 0.27 D 0.33 D West Avenue to Fruit Avenue 412 499 2 0.28 D 0.34 D Cornelia Avenue Church Avenue to Jensen Avenue 84 112 2 0.06 C 0.08 C Jensen Avenue to North Avenue 83 119 2 0.06 C 0.08 C Brawley Avenue Church Avenue to Jensen Avenue 93 83 2 0.06 C 0.06 C Jensen Avenue to North Avenue 71 39 2 0.05 C 0.03 C Marks Avenue Church Avenue to Jensen Avenue 168 201 2 0.11 C 0.14 C Jensen Avenue to North Avenue 96 127 2 0.06 C 0.09 C Environmental Checklist Ascent Environmental City of Fresno 3-76 Rendering Plant Relocation Project Table 3-17 Peak Hour Roadway Segment Level of Service – Existing Conditions Intersection Volume Lanes Existing AM PM AM PM VC LOS VC LOS West Avenue Church Avenue to Jensen Avenue 44 55 2 0.03 C 0.04 C Jensen Avenue to North Avenue 25 41 2 0.02 C 0.03 C Notes: SSSC = side-street stop control Source: Fehr & Peers 2017 Compared to the intersection analysis results, the roadway segment analysis results in more conservative (i.e., on the high side) LOS, given that drivers perception of travel and delay while traveling along the study corridor are heavily influenced by conditions experience at the study intersections. PUBLIC TRANSPORTATION Public transportation in the city consists of the following services and facilities:  Public bus service  Express bus service  Demand-response paratransit  Passenger rail service Fresno Area Express (FAX) is the predominant transit provider in the city. FAX runs 20 routes and provides over 17,000,000 annual passenger boardings, averaging about 41,000 passenger trips per day. The entire FAX system runs about 1,000 bus operations per day. Ridership trends in recent years have shown an increase in the number of people using transit, which may be attributable to poor economic conditions and the rising cost of travel. Handy Ride is a demand-response service for seniors and persons with disabilities, as required by the Americans with Disabilities Act. This paratransit service serves up to 12,500 eligible individuals in the FAX service area and provided about 240,000 passenger rides in fiscal year 2010. The Fresno County Rural Transit Agency (FCRTA) and Amtrak also provide services for regional travel outside of the Fresno-Clovis Metropolitan Area. FCRTA provides service to many of the unincorporated communities in Fresno County such as Coalinga and Mendota (FCRTA 2012). The San Joaquin Line is one of Amtrak’s passenger rail services with connections between the San Joaquin Valley, the Sacramento Valley, the San Francisco Bay Area, and Los Angeles. Greyhound provides similar (more frequent) bus service to these regions. BICYCLE AND PEDESTRIAN CIRCULATION The city is generally flat, which provides a favorable environment for bicycling and walking as a mode of transportation. The City of Fresno ATP, which was completed in October 2016, provides comprehensive guidance regarding the City of Fresno’s bicycle and pedestrian circulation system. Except for an uncontrolled pedestrian crossing on the east leg of the Jensen Avenue/Valentine Avenue intersection, there are no designated bicycle and pedestrian facilities at the study intersections, which is consistent with the land use in the study area. A Class II bike lane is planned on Jensen Avenue and a Class I bike path is planned on Marks Avenue. Sidewalks are planned on Jensen Avenue and West Avenue. Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-77 In addition, the study area has a low bicycle and pedestrian index, as documented in the ATP. This is an indication of low-level trips being made by walking and biking and is consistent with the intensity of land use in the study area. AVIATION The City of Fresno manages the Fresno Yosemite International Airport (FYI). The airport is located in northeast Fresno just southwest of Clovis in between Highways 168 and 180. There are two runways, each of which is 7,205 feet long and 100 feet wide. There are 174 aircraft based at FYI with an average of 371 daily aircraft operations in 2012. In 2011, the two runways served about 1.2 million passengers and airport officials expect that number to grow in the future. There are also two other general aviation airports (i.e., Fresno-Chandler Executive Airport and Sierra Sky Park) and four heliports, including McCarthy Ranch, Community Regional Medical Center, Valley Medical Center, and PG&E Service Center in the city (AirNav 2012). The closest airport, Fresno-Chandler Executive airport, is located 3.5 miles northeast of the project site. Discussion a) 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 non-motorized 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? Less than significant with mitigation incorporated. The following discussion focuses on potential conflicts with automobile-related plans and policies. See the response under question “f” below for a discussion related to other modes of transportation, including mass-transit, bicycle, and pedestrian. For this analysis, the following City policy is used as the threshold of significance. (The City’s standard is used because Jensen Avenue, which would serve as the project’s truck route, is a City road, even though it extends through unincorporated County land.) City of Fresno The project is located in TIZ III as defied by Policy MT-2-1 of the City of Fresno General Plan. Therefore, the project would cause a significant impact to the roadway system if it would result in the following conditions:  Cause a roadway segment operating at LOS D or better to operate at LOS E or worse Trip Generation Table 3-18 summarizes daily, AM peak hour, and PM peak hour trip generation for the project. Due to the unique characteristics of the project, Fehr & Peers estimated trip generation based on the Darling Ingredients Inc. Operational Statement. As shown in Table 5, the project is expected to generate about 273 trips per day with 36 trips occurring in the AM peak hour and 28 trips occurring in the PM peak hour. Truck trips are expected to represent about 55 percent of daily vehicle trips, 36 percent of AM peak hour trips, and 28 percent of PM peak hour trips. Note that accessory trips, such as those associated with visitors and employees taking off-site lunch breaks, are relatively few in number and typically occur outside of the peak hour and are therefore not included in the trip generation estimation. Environmental Checklist Ascent Environmental City of Fresno 3-78 Rendering Plant Relocation Project Table 3-18 Project Employee and Truck Trip Generation User Quantity1 Vehicle Occupancy [Persons/Vehicle]2 Vehicles per Day Trip Generation Daily3 Peak Hour4 Trucks per Day Employees AM PM Total In Out Total In Out Employee 70 1.14 61 123 23 17 6 21 9 12 Trucks 75 1.00 75 150 13 7 6 8 5 3 Total 136 273 36 24 12 28 14 15 Notes: 1 Source: Darling Ingredients Inc. Operation Statement 2 2000/2001 California Statewide Travel Survey - Average vehicle occupancy for Home-Based-Work trips. 3 Daily Vehicle trips were developed by multiplying total vehicles by two to account for vehicles entering and exiting the project. 4 Percent of daily vehicles and directional distribution occurring in AM and PM peak hours based on the Manufacturing land use category (ITE 140) from Trip Generation Manual, Institute of Transportation Engineers, 9th Edition. The percent of daily truck trips and directional distribution occurring in the AM and PM peak hours based on the Fontana Truck Trip Generation Study. Source: Fehr & Peers 2017 Trip Distribution Table 3-19 summarizes the expected distribution of project trips. As shown, the distribution is expected to be different for employees and trucks. All trucks will use Jensen Avenue to access the project. However, employees will not be restricted and will likely use other routes to access the project, based on the origin of their trip. The distribution of employee trips was developed based on existing counts and the output for the modified version of the Fresno COG travel forecasting model developed for the City of Fresno General Plan. Table 3-19 Project Trip Distribution Roadway Travel To/From Each Roadway Percent of Employees Percent of Trucks North South East West North South East West Jensen Avenue - - 982 - - - 100 1003 Cornelia Avenue 1 100 / 11 - - - - - - Brawley Avenue 1 1 - - - - - - Marks Avenue 2 2 - - - - West Avenue 1 1 - - - - - - Notes: 1 100 percent of employee trips will use Cornelia Avenue and the project access. 1 percent of employee tips are forecast to use Cornelia Avenue south of the project access. 2 Represents the percentage of employee trips just east of Jensen Avenue. 3 Represents truck trips between the project access and Cornelia Avenue. Source: Fehr & Peers 2017 Traffic Forecasts Traffic volume forecasts for the existing and cumulative conditions scenarios were developed by adding the project trip generation from Table 3-18 to the existing traffic counts and cumulative no project traffic volume forecasts, using the trip distribution for employee and truck trips shown in Table 3-19. The cumulative traffic volume forecasts were developed using the modified version of the Fresno COG regional travel demand forecasting (TDF) model developed for the City of Fresno General Plan Update. All traffic volume forecasts Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-79 were adjusted, using the difference method, to account for the difference between existing counts and the base year model forecasts. In the study area, the General Plan includes widening of Jensen Avenue east of Marks Avenue from two to four lanes and widening of Marks Avenue from two to four lanes north of Jensen Avenue. The AM and PM peak hour intersection turning movement forecasts for the Existing Plus Project and Cumulative Plus Project scenarios are included in the appendix. The AM and PM peak hour roadway segment traffic volume forecasts are presented below. Traffic Operations Intersection and roadway segment traffic operation are presented below for existing and cumulative conditions with the addition of project trips. Existing Plus Project Analysis Table 3-20 summarizes existing conditions AM and PM peak hour LOS for the study intersections. As shown, all of the study intersection will operate acceptably at LOS C or better during both the AM and PM peak hours with the addition of project trips. Table 3-20 Peak Hour Intersection Level of Service – Existing Plus Project Conditions Intersection Traffic Control LOS / Delay (seconds) 1 Existing Condition Existing Plus Project Condition AM PM AM PM 1. Jensen Avenue/Cornelia Avenue SSSC A (B) / 3 (12) A (B) / 4 (14) A (B) / 4 (12) A (B) / 4 (15) 2. Jensen Avenue/Brawley Avenue SSSC A (B) / 4 (12) A (B) / 2 (13) A (B) / 3 (13) A (B) / 2 (13) 3. Jensen Avenue/Marks Avenue SSSC A (B) / 4 (14) A (C) / 5 (16) A (C) / 4 (15) A (C) / 5 (17) 4. Jensen Avenue/West Avenue SSSC A (B) / 1 (12) A (B) / 1 (13) A (B) / 1 (12) A (B) / 1 (14) Notes: SSSC = side-street stop control 1For side-street stop controlled intersections, the delay and LOS for the most-delayed individual movement is shown in parentheses next to the average intersection delay and LOS. All results are rounded to the nearest second. Source: Fehr & Peers 2017 Table 3-21 summarizes existing plus project conditions AM and PM peak hour LOS for the study roadways. As shown, all of the study roadways would operate at LOS D or better during both the AM and PM peak hours. The County roadway segments, which includes Cornelia Avenue and Brawley Avenue, would operate acceptably at LOS C. The addition of project trips would not change the LOS of the study roadway segments, compared to existing conditions. Compared to the intersection analysis results, the roadway segment analysis results in more conservative (i.e., on the high side) LOS, given that drivers perception of travel and delay while traveling along the study corridor are heavily influenced by conditions experience at the study intersections. Environmental Checklist Ascent Environmental City of Fresno 3-80 Rendering Plant Relocation Project Table 3-21 Peak Hour Roadway Segment Level of Service – Existing Plus Project Conditions Intersection Volume Lanes Existing Conditions Existing Plus Project Conditions Existing Conditions Existing Plus Project Conditions AM PM AM PM AM PM AM PM VC LOS VC LOS VC LOS VC LOS Jensen Avenue Project Access to Cornelia Avenue 257 337 288 360 2 0.17 C 0.23 C 0.19 C 0.24 D Cornelia Avenue to Brawley Avenue 268 373 323 413 2 0.18 C 0.25 D 0.22 C 0.28 D Brawley Avenue to Marks Avenue 427 468 481 507 2 0.29 D 0.32 D 0.32 D 0.34 D Marks Avenue to West Avenue 405 483 457 521 2 0.27 D 0.33 D 0.31 D 0.35 D West Avenue to Fruit Avenue 412 499 462 536 2 0.28 D 0.34 D 0.31 D 0.36 D Cornelia Avenue Church Avenue to Jensen Avenue 84 112 85 112 2 0.06 C 0.08 C 0.06 C 0.08 C Jensen Avenue to North Avenue 83 119 108 137 2 0.06 C 0.08 C 0.07 C 0.09 C Brawley Avenue Church Avenue to Jensen Avenue 93 83 94 83 2 0.06 C 0.06 C 0.06 C 0.06 C Jensen Avenue to North Avenue 71 39 72 39 2 0.05 C 0.03 C 0.05 C 0.03 C Marks Avenue Church Avenue to Jensen Avenue 168 201 169 202 2 0.11 C 0.14 C 0.11 C 0.14 C Jensen Avenue to North Avenue 96 127 97 128 2 0.06 C 0.09 C 0.07 C 0.09 C West Avenue Church Avenue to Jensen Avenue 44 55 45 55 2 0.03 C 0.04 C 0.03 C 0.04 C Jensen Avenue to North Avenue 25 41 26 41 2 0.02 C 0.03 C 0.02 C 0.03 C Source: Fehr & Peers 2017 Cumulative Analysis Table 3-22 summarizes cumulative condition AM and PM peak hour LOS for the study intersections. As shown, all study intersections are forecast to operate unacceptably (i.e., LOS E or F) during the PM peak hour under cumulative conditions. In the AM peak hour, the Marks Avenue and West Avenue intersections would operate at LOS F. The addition of project traffic would worsen operations at these intersections. Poor operation at this intersection is due to planned growth in the study area. The analysis assumes the planned widening of Jensen Avenue and Marks Avenue, but not specific improvements at the intersections. Table 3-22 Peak Hour Intersection Level of Service – Cumulative Plus Project Conditions Intersection Traffic Control LOS / Delay (seconds) 1 Cumulative Condition Cumulative Plus Project Condition AM PM AM PM 1. Jensen Avenue/Cornelia Avenue SSSC A (C) / 7 (23) A (F) / 10 (60) A (D) / 8 (27) B (F) / 12 (72) 2. Jensen Avenue/Brawley Avenue SSSC A (C) / 4 (21) A (E) / 7 (46) A (C) / 5 (23) A (F) / 7 (52) 3. Jensen Avenue/Marks Avenue SSSC F (F) / >180 (>180) F (F) / >180 (>180) F (F) / >180 (>180) F (F) / >180 (>180) 4. Jensen Avenue/West Avenue SSSC F (F) / >180 (>180) F (F) / >180 (>180) F (F) / >180 (>180) F (F) / >180 (>180) Notes: SSSC = side-street stop control, Bold indicates unacceptable operations 1For side-street stop controlled intersections, the delay and LOS for the most-delayed individual movement is shown in parentheses next to the average intersection delay and LOS. All results are rounded to the nearest second. Source: Fehr & Peers 2017 Table 3-23 summarizes cumulative condition AM and PM peak hour LOS for the study roadways. As shown, all of the study roadways would operate at LOS D or better during both the AM and PM peak hours. The County roadway segments, which includes Cornelia Avenue and Brawley Avenue, would operate acceptably Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-81 at LOS C. The addition of project trips would not change the LOS of the study roadway segments, compared to existing conditions. Table 3-23 Peak Hour Roadway Segment Level of Service – Cumulative Plus Project Conditions Intersection Volume Lanes Cumulative Conditions Cumulative Plus Project Conditions Cumulative Cumulative Plus Project AM PM AM PM AM PM AM PM VC LOS VC LOS VC LOS VC LOS Jensen Avenue Project Access to Cornelia Avenue 460 660 490 680 2 0.11 C 0.23 C 0.11 C 0.23 C Cornelia Avenue to Brawley Avenue 580 980 630 1,020 2 0.06 C 0.13 C 0.07 C 0.14 C Brawley Avenue to Marks Avenue 670 950 730 990 2 0.31 D 0.45 D 0.33 D 0.46 D Marks Avenue to West Avenue 1,800 1,990 1,850 2,030 4 0.39 D 0.66 D 0.43 D 0.69 D West Avenue to Fruit Avenue 1,620 1,900 1,670 1,940 4 0.45 D 0.64 D 0.49 D 0.67 D Cornelia Avenue Church Avenue to Jensen Avenue 170 340 170 340 2 0.48 D 0.53 D 0.50 D 0.54 D Jensen Avenue to North Avenue 90 190 110 200 2 0.43 D 0.51 D 0.45 D 0.52 D Brawley Avenue Church Avenue to Jensen Avenue 150 260 150 260 2 0.10 C 0.18 C 0.10 C 0.18 C Jensen Avenue to North Avenue 80 60 80 60 2 0.05 C 0.04 C 0.05 C 0.04 C Marks Avenue Church Avenue to Jensen Avenue 1,070 1,150 1,070 1,150 4 0.29 D 0.31 D 0.29 D 0.31 D Jensen Avenue to North Avenue 620 730 620 730 2 0.42 D 0.49 D 0.42 D 0.49 D West Avenue Church Avenue to Jensen Avenue 430 580 430 580 2 0.29 D 0.39 D 0.29 D 0.39 D Jensen Avenue to North Avenue 500 600 500 600 2 0.34 D 0.41 D 0.34 D 0.41 D Notes: Bold indicates unacceptable operations Source: Fehr & Peers 2017 Compared to the intersection analysis results, the roadway segment analysis results in better LOS. Unacceptable operation of the study intersections is due to delay experienced by driver accessing Jensen Avenue from the side streets. These results indicate that improved traffic control is needed, but not additional capacity on the roadways (i.e., beyond what is planned). As outlined above, the addition of project trips would worsen unacceptable operations under cumulative conditions. This would be a potentially significant impact. Mitigation Measure TRAF-1: The project proponent shall be responsible for the project’s proportional share of the improvements identified below. At the discretion of the City of Fresno, the project proponent shall implement one (or a combination of) the following: 1. Pay project’s fair share of traffic impact fees; 2. Pay a fair-share ad-hoc fee; or 3. Construct the improvement with reimbursement or fee credits. Implementation of the following mitigation would result in acceptable intersection operations: Jensen Avenue/Cornelia Avenue  Install all-way stop control. Jensen Avenue/Brawley Avenue  Install all-way stop control. Jensen Avenue/Marks Avenue  Install traffic signal control with protected left-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn lane, one through lane, and one right-turn lane on the southbound approach; Environmental Checklist Ascent Environmental City of Fresno 3-82 Rendering Plant Relocation Project  One left-turn and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and one right-turn lane on the westbound approach. The improvements outlined above shall be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Jensen Avenue/West Avenue  Install traffic signal control with protected left-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn and a shared through/right-turn lane on the southbound approach;  One left-turn lane, one through lane, and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and a shared through/right-turn lane on the westbound approach. The improvements outlined above shall be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Significance after Implementation of Mitigation Measure Table 3-24 summarizes intersection operations under cumulative conditions with implementation of mitigation measure TRAF-1. As shown, implementation of the mitigation measures reduces project-related impacts to cumulative intersection level of service to a less-than-significant level. Table 3-24 Peak Hour Intersection Level of Service – Cumulative Plus Project Conditions (Mitigated) Intersection Traffic Control LOS / Delay (seconds) 1 Cumulative Plus Project Condition Cumulative Plus Project Condition (Mitigated) AM PM AM PM 1. Jensen Avenue/Cornelia Avenue SSSC A (D) / 8 (27) B (F) / 12 (72) B / 13 D / 31 2. Jensen Avenue/Brawley Avenue SSSC A (C) / 5 (23) A (F) / 7 (52) B / 14 C / 24 3. Jensen Avenue/Marks Avenue Signal F (F) / >180 (>180) F (F) / >180 (>180) D / 44 D / 36 4. Jensen Avenue/West Avenue Signal F (F) / >180 (>180) F (F) / >180 (>180) C / 26 C / 30 Notes: SSSC = side-street stop control, Bold indicates unacceptable operations 1For side-street stop controlled intersections, the delay and LOS for the most-delayed individual movement is shown in parentheses next to the average intersection delay and LOS. All results are rounded to the nearest second. Source: Fehr & Peers 2017 b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less-than-significant impact. Please see the discussion under “a” above for an evaluation related to roadway and intersection level of service standards. Regarding other congestion management standards, the passage of California Assembly Bill 2419 in 1996 allowed counties to “opt out” of the California Congestion Management Program if a majority of local governments elected to exempt themselves from California’s congestion management plans. On September 25, 1997, the Fresno COG Policy Board rescinded the Fresno Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-83 County Congestion Management Program at the request of the local member agencies. Therefore, this impact criteria is not applicable and this impact is less than significant. c) 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? Less-than-significant impact. The closest airport, Fresno Chandler Executive airport, is located 3.5 miles northeast of the project site. The project includes large equipment, including two new 60-foot protein storage silos. Due to the significant distance of the project site to the nearest airport, these structures are not tall enough to affect air traffic. The project is an industrial use and would not substantially increase demand for air travel. Therefore, the project would not result in any safety risks due to altered air traffic patterns. The impact is less than significant. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less-than-significant impact. Implementation of the project would not adversely affect study roadway or intersection operation, including the project site driveway, based on established significance criteria. In addition, the mitigation discussed under “a” above would improve operations for non-project traffic under cumulative conditions. The project includes separate access points for employees/visitors and trucks; therefore, the ingress/egress is designed to avoid conflicts between truck and employee vehicle traffic. Furthermore, final site design would require review and approval by the City Public Works department, which would verify that all access points, driveways, and parking areas meet City standards. This impact would be less than significant. e) Result in inadequate emergency access? Less-than-significant impact. As mentioned above, the project includes two access points, one access on Jensen Avenue for trucks only, and one access on Cornelia Avenue for employees and visitors. This design promotes appropriate emergency access. Furthermore, final site design would require review and approval by the City Public Works department, which would verify that all access points, driveways, and parking areas meet City standards. This impact would be less than significant. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less-than-significant impact. The City of Fresno Traffic Impact Study Report Guidelines do not currently have thresholds for impacts on transit, bicycle, and pedestrian facilities. For purposes of this analysis, the project would cause a significant impact to the transit system, bicycle network, and/or pedestrian facilities if it would:  disrupt or interfere with existing or planned public transit services or facilities;  create an inconsistency with policies concerning transit systems set forth in the City of Fresno General Plan or other applicable adopted policy document;  disrupt or interfere with existing or planned bicycle/pedestrian facilities;  result in unsafe conditions for pedestrians, including unsafe pedestrian/bicycle or pedestrian/vehicle conflicts;  result in unsafe conditions for bicycles, including unsafe bicycle/pedestrian or bicycle/vehicle conflicts; or Environmental Checklist Ascent Environmental City of Fresno 3-84 Rendering Plant Relocation Project  create an inconsistency with policies related to bicycle or pedestrian systems set forth in the City of Fresno General Plan, the City of Fresno ATP, or other applicable adopted policy document; As described above under “Environmental Setting,” the project vicinity has almost no existing or planned bicycle and pedestrian facilities, which is consistent with the rural agricultural setting. As indicated in the City’s Active Transportation Plan, the vicinity has low bicycle and pedestrian index, which indicates a low level of trips being made by walking and biking. Given the remote location of the project site, it is not likely that employees would walk or bicycle to work. Therefore, the project would not disrupt existing or planned bicycle or pedestrian facilities or create any policy inconsistencies related to bicycle- or pedestrian-related policies. In addition, no bus lines currently serve the project vicinity, and none are planned for the vicinity; therefore, relocation of the proposed rendering plant would not place additional demand on transit and would not conflict with transit policies for the area. The project would result in a less-than-significant impact. TRIBAL CULTURAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. Tribal Cultural Resources. Would the project: a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Environmental Setting Assembly Bill (AB) 52, signed by Governor Edmund G. Brown, Jr., in September 2014, established a new class of resources under CEQA: “tribal cultural resources” (TCRs). AB 52, as provided in PRC Sections 21080.3.1, 21080.3.2, and 21082.3, requires that lead agencies undertaking CEQA review must, upon written request of a California Native American Tribe, begin consultation once the lead agency determines Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-85 that the application for the project is complete, prior to the issuance of a Notice of Preparation (NOP) of an environmental impact report (EIR) or notice of intent to adopt a negative declaration or mitigated negative declaration. AB 52 applies to those projects for which a lead agency had issued a NOP of an EIR or notice of intent to adopt a negative declaration or mitigated negative declaration on or after July 1, 2015. Therefore, the requirements of AB 52 apply and the City of Fresno has initiated consultation with Tribes that have requested consultation. Discussion a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? or A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Less than significant impact. In compliance with AB 52, the City of Fresno sent letters to 16 Native American Tribes on June 8, 2017. No requests for consultation were received in response. No known tribal cultural resources are present in the project site vicinity. Mitigation measures are included under section 3.5 “Cultural Resources” that require appropriate response if human remains or other potential archaeological resources are uncovered during project construction. Therefore, impacts related to the implementation of the project would be less than significant. UTILITIES AND SERVICE SYSTEMS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. Utilities and Service Systems. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Environmental Checklist Ascent Environmental City of Fresno 3-86 Rendering Plant Relocation Project ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. Utilities and Service Systems. Would the project: d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Environmental Setting The City of Fresno Department of Public Utilities provides potable water to most of the city. Fresno’s primary source of potable water is groundwater stored in an aquifer. However, since 2004, the City has been operating a surface water treatment facility which provides a portion of the City’s water. The addition of the facility has reduced the percentage of total water demand provided by groundwater to approximately 75 percent in 2015. Also in 2015, the City began operating its new T-3 Water Storage and modular Surface Water Treatment Facility. In March 2016, the City began construction on a new surface water treatment facility in southeast Fresno and large diameter water mains that will service approximately one-half of the City. The City has also secured surface water supplies from the Fresno Irrigation District (FID) via the Kings Water entitlement and from the U.S. Bureau of Reclamation for water from the San Joaquin River. The City has an aggregate of about 133,000 service connections and between the years of 2006 and 2015 provided an average of 145,900 acre-feet of potable water annually (City of Fresno, 2015). The City lies within the Kings Sub‐basin, which is part of the larger San Joaquin Valley Groundwater Basin, and is classified as ‘critically overdrafted.’ Groundwater levels in the Fresno area have declined from less than 0.5 feet per year in the southwest portion of downtown, to 1.5 feet per year for northern and southern portions of town, to a maximum of 3.0 feet per year in the northeastern area adjacent to the City of Clovis since 1990 (City of Fresno 2015). In the past 80 years, the water level has decreased from 30 feet below ground surface to more than 128 feet below ground surface, according to 2009 data provided by the City (City of Fresno, 2014b:5.15-2). The City of Fresno owns and maintains most of the wastewater collection systems that convey wastewater to two processing facilities it also owns. The City's wastewater collection system consists of more than 1,380 miles of gravity flow pipelines, ranging in size from 4 inches to 84 inches in diameter, and ranging in age from new to more than 100 years old. The RWRF which is adjacent to the project site provides a majority of the wastewater treatment for the City. The facility received and treated approximately 64.5 million gallons per day (MGD) with the permitted capacity to treat up to 88.0 MGD as a maximum monthly average flow. The quantity of wastewater received and treated by the RWRF has been declining since 2006 (City of Fresno, 2014b:5.15-7). The RWRF discharges effluent to an array of percolation basins, where it percolates through the underlying soil strata and into the groundwater beneath the basin. In addition, some of the effluent is recycled by direct Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-87 delivery to nearby farmland where it is used for restricted irrigation for feed/fodder and fiber crops, or recycled for irrigation by delivery to the FID canal system. The use of the RWRF percolation basins for effluent disposal has resulted in a groundwater mound beneath the site, and the local groundwater level in that area is higher than it would otherwise be without the addition of the effluent. The diversion and/or extraction of RWRF effluent for beneficial recycled water uses such as irrigation, rather than effluent disposal via the percolation basins, reduces related groundwater mounding and effluent‐related effects on background groundwater quality (City of Fresno, 2014b:5.15-8). Stormwater collection and disposal, and flood control for the City of Fresno, City of Clovis, and the unincorporated areas within the City of Fresno’s sphere of influence are provided by the FMFCD. The District has organized the metropolitan area into watersheds that are delineated along topographic boundaries and are limited in size to between 200 acres to 600 acres. The service is provided through the combination of surface drainage improvements that direct runoff to storm drainage inlets, which collect the runoff and convey the runoff to underground pipeline collection systems. The collection systems convey the stormwater to disposal facilities, which in most cases are excavated, unlined basins. Stormwater is discharged to the San Joaquin River (City of Fresno, 2014b:5.15-11). Fresno diverts most of its solid waste away from landfills and into recycling and composting programs. In 2009, Fresno was ranked highest in the state among larger cities by the California Integrated Waste Management Board for diverting 71 percent of its solid waste. A Council resolution commits the City to a Zero Waste goal by the year 2025. Garbage disposed of in the City of Fresno is taken to the American Avenue Landfill located approximately six miles southwest of Kerman. American Avenue Landfill is owned and operated by Fresno County and has a remaining capacity of 29,358,535 cubic yards, with an estimated closure date of August 31, 2031 (City of Fresno, 2014b:5.15-13). Discussion a, b, e) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? Less-than-significant impact. The existing Darling Ingredients Inc. facility is a rendering, recycling, and recovery operation that collects and processes raw material (primarily beef fat, bone, and offal) into bone meal and purified fat that can be beneficially used to make animal feed, oleo chemicals (e.g., soaps, cosmetics), fuel (e.g., biodiesel), and lubricants. Remaining condensable materials (mainly steam and water- soluble odorous chemical compounds) are transferred to the city wastewater collection and treatment system. The new facility would operate in the same fashion as the existing facility and would construct four total buildings: a rendering facility, a truck shop, a maintenance shop, and an office building with a total floor area of approximately 44,600 sf. In compliance with the RWQCB’s Waste Discharge Requirement Order for the Regional Facility, Order No 5‐ 01‐254 established via Resolution No. R5‐2002‐0254‐ A01, all wastewater generated at the Darling facility (a portion of which would be stormwater) would pass through a primary treatment system before being discharged to the City’s wastewater collection and treatment system. This type of pretreatment is capable of Environmental Checklist Ascent Environmental City of Fresno 3-88 Rendering Plant Relocation Project removing gross solids and organic matter, in addition to fat, oil, and grease. Certain levels of nutrients and soluble organic matter would be discharged to the City’s wastewater collection and treatment system and would typically contain ammonia and BOD5 (See Table 2-2); however, the discharge would be compliant with the City’s sewer ordinance. Treated non-potable water from the RWRF would be used for irrigation. The project would generate up to 350,000 gallons/day (0.35 MGD) wastewater flow (See Table 2-2 in the Project Description), which is up to twice the current level of wastewater generation. According to the General Plan MEIR, the RWRF has a rated wastewater treatment capacity of 80 MGD and a permitted (through RWQCB) dry weather flow capacity of 94 MGD. The RWRF currently has an average dry weather flow of 68 MGD (Fresno 2014b:5.5-18). Therefore, the RWRF operates below capacity and currently has capacity to treat the project’s 0.35 MGD. It should be noted that the wastewater generated by the General Plan’s post-2025 buildout would substantially exceed the RWRF’s wastewater treatment capacity. The General Plan includes policies and the MEIR includes mitigation measures that require increase in wastewater treatment capacity prior to approving development after year 2025. The MEIR concludes that implementation of these policies and mitigation measures would reduce the impact (both individually and cumulatively) to a less-than- significant level. Therefore, implementation of the project would result less-than-significant impacts with regard to wastewater treatment requirements and facilities. b) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No impact. The proposed Darling Ingredients Inc. facility would manage stormwater quality through a SWPPP in accordance with the requirements of Section B of NPDES General Permit No. CAS000001 for the discharge of stormwater associated with industrial activities, excluding construction activities. The project would add approximately 10 acres of impervious surface to the site. Stormwater from these areas would sheet flow into grassy areas, which would function as bio filters to remove sediment from stormwater. The project would not drain into a formal municipal drainage system; therefore, the project would result in no impact to existing storm drainage facilities. It should be noted that implementation of HYD-1 would require a drainage plan to reduce peak runoff rates either to the existing runoff rate or a rate that complies with City and County standards, which minimizes potential impacts related to off-site flooding. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less-than-significant impact. The estimated demand for potable water would be 75,000 gpd, which would be supplied by a proposed off-site well located just west of the project site. Although relatively shallow monitoring wells (under 200 feet) in the vicinity show elevated levels of Nitrate during some months (as high as 22 milligrams per liter [mg/L], which exceeds the 10 mg/L maximum contaminant level [MCL]), the increased groundwater depths of the proposed well (600 feet) may have lower Nitrate levels. As described in Section 2, “Project Description,” the City would conduct groundwater quality testing during drilling and, if any regulated groundwater constituents exceed MCLs, would install well-head treatment and establish a regular monitoring program. The project would also use recycled water from the RWRF for landscaping. The project would not use municipal water and, therefore, would not substantially affect municipal water supply. This impact is less than significant. Project-related impacts to groundwater levels are discussed in Section 3.9 Hydrology and Water Quality. f, g) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Less-than-significant impact. The nearest waste disposal site is American Avenue Landfill, which is approximately 18 miles west of the project site. As of July 2005, the landfill had a remaining capacity of over 29 million cubic yards. Operation of the landfill is expected to remain available until the end of 2031 Ascent Environmental Environmental Checklist City of Fresno Rendering Plant Relocation Project 3-89 (Calrecycle 2017). The project would be required to comply with all federal, State, and local regulations related to the disposal of waste related to the operation of the project and would not exceed capacity of the landfill. Although the rendering plant involves operational expansion, it is not anticipated to generate substantial solid waste above current solid waste generation levels. This is because, while there may a slight increase in solid waste, the increased efficiency and recent technology being incorporated into the new facility allows for new uses for product residuals. This would be a less-than-significant impact. MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. Mandatory Findings of Significance. a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Authority: Public Resources Code Sections 21083, 21083.5. Reference: Government Code Sections 65088.4. Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656. Environmental Checklist Ascent Environmental City of Fresno 3-90 Rendering Plant Relocation Project Discussion a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less-than-significant impact. As described above in Section 3.4 Biological Resources, the project site is currently used for agriculture. While the site has the potential to host species identified as a candidate, sensitive, or special-status species, the loss of substantial habitat is not anticipated because the site is already substantially disturbed. It is likely that the site is used by some species for foraging, but unlikely that development of the site would result in substantial impacts to individual species. Mitigation has been included that would require site-specific surveys to be performed prior to construction in order to determine the presence of special-status species, and incorporate measures to avoid or minimize direct or incidental take. This would result in a less-than-significant impact with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less-than-significant impact. The project includes moving an existing use away from a more urbanized area in the City to a rural location near the RWRF. Although the project does include expansion of the current operation, the project is primarily moving an existing facility and would not substantially contribute to any regional cumulative impacts. Furthermore, the project-related impacts are all less-than-significant after implementation of mitigation measures; therefore, the project’s contribution would be further minimized. Due to the site’s rural location, very little development is anticipated to occur in the vicinity; therefore, the project would not combine with other projects in the vicinity to result in or contribute to cumulative impacts. The project’s potential contribution to significant cumulative impacts would not be considerable and this impact would be less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less-than-significant impact. As discussed above in Section 3.8 Hazards and Hazardous Materials, the project would involve use and transport of hazardous materials, but would comply with existing regulations, which would minimize impacts to humans. The project would also implement mitigation measures to further minimize potential adverse effects on humans. Therefore, the project would not directly or indirectly cause substantial adverse effects on human beings. This impact is considered to be less than significant. City of Fresno Rendering Plant Relocation Project 4-1 REFERENCES Chapter 1, Introduction No references were used. Chapter 2, Project Description City of Fresno. 2016. City of Fresno Active Transportation Plan, Draft. Darling. See Darling Ingredients, Inc. Darling Ingredients, Inc. 2017. Darling Operational Statement. Chapter 3, Environmental Checklist City of Fresno. 2014a. City of Fresno General Plan. Available at: https://www.fresno.gov/darm/general-plan- development-code/. ______. 2014b. City of Fresno General Plan Master EIR. City of Fresno. Available at: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/Sec-05-01-Aesthetics- Fresno-MEIR.pdf Aesthetics Caltrans. See California Department of Transportation. California Department of Transportation. 2017. California Scenic Highway Mapping System. Available at: http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. Accessed: February 13, 2017. Agriculture California Department of Conservation. 2015. Fresno County Important Farmland 2015. Farmland Mapping and Monitoring Program, 1:100,000 Scale. Sacramento: California Department of Conservation, Division of Land Resource Protection. Accessed: February 27, 2017. Air Quality CARB. See California Air Resources Board. California Air Resources Board. 2005. Air Quality and Land Use Handbook: A Community Health Perspective. California Environmental Protection Agency. Sacramento, CA. ______. 2015. Area Designations Maps/State and National. Available at: http://www.arb.ca.gov/desig/adm/adm.htm. Accessed September 24, 2015 E. McLaughlin. 2017 (May 5). Email communication with Eric McLaughlin of the San Joaquin Valley Air Pollution Control District and Dimitri Antoniou of Ascent Environmental. Office of Environmental Health Hazard Assessment. 2012. Technical Support Document for Exposure Assessment and Stochastic Analysis. Sacramento, CA. San Joaquin Valley Air Pollution Control District. 2015 (March, 19). Guidance for Assessing and Mitigating Air Quality Impacts. Fresno, California. Available at: http://valleyair.org/transportation/ceqa_idx.htm. Accessed: May 31, 2017. References Ascent Environmental City of Fresno 4-2 Rendering Plant Relocation Project SJVAPCD. See San Joaquin Valley Air Pollution Control District. Biology Anderson, D.A., J. Dinsdale, and R. Schlorff. 2007. California Swainson’s hawk inventory: 2005-2006; Final Report. Prepared for the California Department of Fish and Game Resource Assessment Program and UC Davis Wildlife Health Center. California Department of Fish and Wildlife. 2012 (May). Staff Report on Burrowing Owl Mitigation. State of California Natural Resources Agency. Sacramento, CA. California Native Plant Society, Rare Plant Program. 2017. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.39). Sacramento, CA. Available at: http://www.rareplants.cnps.org. Accessed May 25, 2017. California Natural Diversity Database. 2017 (April). RareFind 5 (Commercial Version): An Internet Application for the Use of the California Department of Fish and Game’s Natural Diversity Database. Biogeographic Data Branch, California Department of Fish and Game, Sacramento, CA. Accessed May 25, 2017. CDFW. See California Department of Fish and Wildlife. City of Fresno. 2014. General Plan and Development Code Update Master Environmental Impact Report. Prepared by FirstCarbon Solutions. Fresno, CA 93721. ______. 2017. City of Fresno Municipal Code. Chapter 13—Sidewalks, Streets, Parkways, and Underground Utility Districts. Available at: https://library.municode.com/ca/fresno/codes/ code_of_ordinances?nodeId=MUCOCHFRCA_CH13SISTPAUNUTDI. Accessed June 14, 2017. CNDDB. See California Natural Diversity Database. CNPS. See California Native Plant Society. Schuford, W. D., and Gardali, T, editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento. U.S. Fish and Wildlife Service. 2012 (June). Giant Garter Snake (Thamnophis gigas) 5-year Review: Summary and Evaluation. Sacramento Fish and Wildlife Office, Sacramento, CA. ______. 2017. Official Species List for the Fresno Industrial Project. Consultation Code: 08ESMF00-2017- SLI-2170, Event Code: 08ESMF00-2017-E-05604. Letter obtained May 25, 2017. Sacramento Fish and Wildlife Office, Sacramento, CA. Cultural Resources City of Fresno. 2014a. General Plan- Ch. 8: Historic and Cultural Resources Element. Location: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/GP8HistoricResources.pdf. Accessed: February 27, 2017. ______. 2014b. Master Environmental EIR. Ch. 5.5- Cultural Resources. Location: https://www.fresno.gov/darm/wp-content/uploads/sites/10/2016/11/Sec-05-05-Cultural- Resources-MEIR.pdf. Accessed: February 27, 2017. Ascent Environmental References City of Fresno Rendering Plant Relocation Project 4-3 Geology and Soils California Department of Conservation. 2016b. Fault Activity Map of California. Available at: http://maps.conservation.ca.gov/cgs/fam/. Accessed June 14, 2017. Fresno Irrigation. 2014. Fresno Area-Regional Groundwater Management Plan. Annual Report. Depth to Water in Wells (Spring 2014). Figure 4. Available at: http://www.fresnoirrigation.com/index.php?dl=601. Accessed: October 2016. NRCS. See U.S. Department of Agriculture, Natural Resources Conservation Service U.S. Department of Agriculture. 2003. Soil Series- Pachappa Series. Available at: https://soilseries.sc.egov.usda.gov/OSD_Docs/P/PACHAPPA.html. Accessed: June 2017. ______. 2015. Soil Series- Greenfield Series. Available at: https://soilseries.sc.egov.usda.gov/OSD_Docs/G/GREENFIELD.html. Accessed: June 2017. U.S. Department of Agriculture, Natural Resources Conservation Service, 2017, Web Soil Survey. Available at: https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Accessed June 6, 2017. Hazards and Hazardous Materials California Department of Forestry and Fire Protection. 2007 (September 21). Fresno County Draft Fire Hazard Severity Zone Map in LRA. Available at: http://frap.fire.ca.gov/webdata/maps/fresno/fhszl06_1_map.10.pdf. Accessed March 2017. California Department of Toxic Substances Control. 2016. Envirostor Database. Available at: http://www.envirostor.dtsc.ca.gov/public/. Accessed March 4, 2017. DTSC. See California Department of Toxic Substances Control. State Water Resources Control Board. 2015. Geotracker Database. Available at: http://geotracker.waterboards.ca.gov/. Accessed March 4, 2017. U.S. Environmental Protection Agency. 2016. Enviromapper Database. Available at: http://www2.epa.gov/emefdata/em4ef.home. Accessed March 4, 2017. Hydrology and Water Quality EPA. See U.S. Environmental Protection Agency. Federal Emergency Management Agency, 2009. Flood Map Service Center. Panel 06019C2085H- Effective 2/18/2009. Available at: http://map1.msc.fema.gov/idms/IntraView.cgi?ROT=0&O_X=11573&O_Y=7713&O_ZM=0.206764 &O_SX=1168&O_SY=534&O_DPI=400&O_TH=14016859&O_EN=14190577&O_PG=1&O_MP=1& CT=0&DI=0&WD=14400&HT=10350&JX=1307&JY=595&MPT=0&MPS=0&ACT=0&KEY=1385953 9&ITEM=1&ZOOM_FIT.x=1. Accessed: March 6, 2017. Intergovernmental Panel on Climate Change. 2007 (February). Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the IPCC. Geneva, Switzerland. U.S. Environmental Protection Agency. 2017. Environmental Protection Agency Website NPDES Permit Basics Page. Available at: https://www.epa.gov/npdes/npdes-permit-basics. Accessed May 31, 2017. References Ascent Environmental City of Fresno 4-4 Rendering Plant Relocation Project Mineral Resources California Department of Conservation 1986. Mineral Resource Zone Maps. Available at: ftp://ftp.consrv.ca.gov/pub/dmg/pubs/sr/SR_158/SR-158_Plate2.pdf. Accessed June 1, 2017. Noise California Department of Transportation. 2013 (January). Technical Noise Supplement to the Traffic Noise Analysis Protocol. Division of Environmental Analysis. Sacramento, CA. Caltrans. See California Department of Transportation. County of Fresno. 1978. County of Fresno Municipal Code. Available at: https://library.municode.com/ca/fresno_county/codes/code_of_ordinances?nodeId=TIT8HESA_CH 8.40NOCO. Accessed: June 12, 2017. ______. 2000. Fresno County General Plan. Available at: http://www.co.fresno.ca.us/DepartmentPage.aspx?id=68048. Accessed: June 12, 2017. ______. 2014. Fresno General Plan. Available at: https://www.fresno.gov/darm/wp- content/uploads/sites/10/2016/11/consolidatedGP.pdf. Accessed: June 8, 2017. Egan, M. David. 2007. Architectural Acoustics. J. Ross Publishing. Fort Lauderdale, FL. Federal Transit Administration. 2006. Transit Noise and Vibration Impact Assessment. Washington, D.C. Fehr & Peers. 2017. Rendering Plant Relocation Project Transportation Impact Analysis FTA. See Federal Transit Administration. Population and Housing US Census Bureau 2010. Fact Finder Database City of Fresno Demographic Profile. Available at: https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF. Accessed June 10, 2017. Public Services City of Fresno. 2017. Fire Department Station Locations. Available at: https://www.fresno.gov/fire/station- locations/. Accessed: March 7, 2017. Fresno County Sheriff’s Office, 2017. Area 2- Description. Available at: http://www.fresnosheriff.org/area- 2.html. Accessed: March 7, 2017. Transportation/Traffic AirNav. See AirNav.com. AirNav.com. 2012. Available at: http://www.airnav.com/. Accessed: 2012. California Department of Transportation. 2002. Guide for the Preparation of Traffic Impact Studies. Caltrans. See California Department of Transportation. City of Fontana. 2003. Truck Trip Generation Study. City of Fresno. 2009. Traffic Impact Study Report Guidelines Ascent Environmental References City of Fresno Rendering Plant Relocation Project 4-5 ______. 2010. City of Fresno Bicycle, Pedestrian, and Trails Master Plan. ______. 2012. Demographic Characteristics. Available at: http://www.fresno.gov/Government/DepartmentDirectory/OldDCR/SiteSelection/Demographic+Cha racteristics.htm. Accessed: 2012. ______. 2014. Fresno General Plan. ______. 2016. City of Fresno Active Transportation Plan, Draft. FCRTA. See Fresno County Rural Transit Agency. Fehr & Peers. 2017 (June). Traffic Impact Study for the Rendering Plant Relocation Project. Fresno County Rural Transit Agency. 2012. Available at: http://www.ruraltransit.org/. Accessed: 2012. Institute of Traffic Engineers. 2012. Trip Generation Manual, 9th ed. Transportation Research Board. 2000. Highway Capacity Manual. ______. 2010. HCM 2010: Highway Capacity Manual. U.S. Census Bureau. 2010. Fact Finder Database City of Fresno Demographic Profile. Available at: https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF. Accessed June 10, 2017. ______. 2014 (March 3). American FactFinder; generated by David Robinson; using American FactFinder; Available at: http://factfinder2.census.gov/faces/nav/jsf/pages/searchresults.xhtml?refresh=t. Utilities California Department of Resources Recovery and Recycling. 2017. Solid Waste Facility Listings database. Available at: http://www.calrecycle.ca.gov/SWFacilities/Directory/10-AA-0009/Detail/. Accessed March 2017. City of Fresno, 2015. Urban Water Management Plan. Available at: https://wuedata.water.ca.gov/public/uwmp_attachments/2174955070/City%20of%20Fresno%20 2015%20UWMP_adopted.pdf. Accessed June, 2017. References Ascent Environmental City of Fresno 4-6 Rendering Plant Relocation Project This page intentionally left blank. City of Fresno Rendering Facility Relocation Project 5-1 LIST OF PREPARERS LEAD AGENCY City of Fresno Jennifer Clark ......................................................................... Director, Development and Resource Management Mike Sanchez, AICP, MCRP ................................... Assistant Director, Development and Resource Management ENVIRONMENTAL CONSULTANT Ascent Environmental, Inc. Sydney Coatsworth, AICP ............................................................................................................ Principal-in-Charge Mike Parker, AICP ........................................................................ Project Manager/Senior Environmental Planner Kelly Bray .............................................................................................................................. Environmental Planner Marianne Lowenthal ............................................................................................................. Environmental Planner Elizabeth Boyd ...................................................................................................................... Environmental Planner Dimitri Antoniou, AICP .................................................................................. Air Quality, GHG, and Noise Specialist Samantha Wang ........................................................................................... Air Quality, GHG, and Noise Specialist Hannah Kornfeld .......................................................................................... Air Quality, GHG, and Noise Specialist Honey Walters .......................................................................................... Principal Air Quality and Noise Specialist Tammie Beyerl ................................................................................................................................... Senior Biologist Alta Cunningham ........................................................................................................ Cultural Resources Specialist Gayiety Lane .......................................................................................................................... Document Preparation Phi Ngo .................................................................................................................................................. GIS Specialist Corey Alling ...................................................................................................................................Graphics Specialist TRAFFIC CONSULTANT Fehr & Peers David Robinson, PE ...................................................................................................................................... Principal List of Preparers Ascent Environmental Midpeninsula Regional Open Space District 5-2 Rendering Facility Relocation Project This page intentionally left blank. Appendix A Odor Control Plan ODOR CONTROL AND IMPACTS EVALUATION of CARLINO 795 West Belgravia Road Fresno, California Submitted to City of Fresno Planning and Development Departinent 2600 Fresno Street Fresno, California Prepared By 5500 Ming Avenue, Suite 360 Bakersfield, CA 93309 July 2009 (FINAL) EXECUTIVE SUMMARY In February 2009, the City of Fresno Planning and Development Department retained Insight Environmental Consultants, Inc. to review the Darling International facility located at 795 West Belgravia Road in Fresno, California. Insight's dir ected evaluation was to evaluate and provide recommendations related to Darling 's cutTent operations as compared to industry standards and best practices in relation to public nuisances, odor generation and control, traffic impacts, timely processing of materials, onsite material storage, offaite shipping, operating schedules, noise and routing . Additionally, Insight was to eva luate recent facility improvements relative to air quality impacts and the re sulting impacts to the surrounding area. Specifically, the City endeavored to ascertain the. efficacy and operational condition of all venting and/or odor reduction equipment and verify Darling's claim that existing equipment is "state of the art'' and is installed, maintained and used to its fi.illest potential. This document contains the results of Insight 's investigation into Darling 's cutTent operational practices taken into consideration with the existing plant design, odor control equipment and operational constraints as identified through exhaustive research into cunent rendering industry design and operational practices and a thorough on -site review of as-built design features and operating practices at the Darling West Belgravia Rendering Plant. Insight 's review and assessment was conducted on several levels. First, a historical examination of rendering operational practices throughout the United States was conducted to determine the most cmTent industry control technology and comparisons to Darlings operations were completed. Second, a review of the compliance history of the facility was completed to isolate the operational and physical aspects of the operation in order to determine the genesis of these compliance issues . Third, a detailed review of the regulatory restrictions placed on the facility through facility and equipment pe1mits was conducted to ascertain the compliance status of the facility with each pe1mitted operating condition. Finally, a physical inspection of the facility was conducted with the full cooperation of the Darling management team along with Fresno Building Code Enforcement personnel as well as the enforcement division oftlrn San Joaquin Valley Air Pollution Control District Subsequent to the field inspection, a joint meeting was held on July 14, 2009 with City of Fresno Planning Department personnel, Darling operations and corporate· ll management, Darling's Public Relations consultant and legal staff representing both pmties. This meeting was held to review the report and discuss any errors and/or omissions. E dits and clarificat ions were made as a result of this meeting based upon independent review and consideration oflnsight representatives. As a result of Insight's review and investigation, a number of design changes, regulatory modifications and operational practice recommendat ions are made herein that will farther reduce community impacts and enhance the current and foture operation of the existing plant. While area in1pacts from odorous compounds are a "subjective" judgment, implementation of the recommendations contained herein are based on current industry standards, regulatory r equirements and sound scientific and engineering principles. Adherence to these recommendations is expected to 1·educe current adverse impacts and enhance foture operation of the Darling West Belgravia Rendering Plant. ill TABLE OF CONTENTS EXECUTIVE SUMMARY ................................................................................................................ ii 1 INTROD UCT ION .................................................................................................................. 1 1.1 Scope of This Analysis ................................................................................................ ! 1.2 Land Use and Development History .......................................................................... 2 2 DESCRIPTION OF EXISTING F ACil,ITY .................................................................... 6 2 .1 Description of Rendering Operations ......................................................................... 6 2 .2 Physical Layout and Operation ................................................................................... 8 2 .3 Odor Abatement and Control Equipment ................................................................. 12 2.4 Facility Wind Conditions .......................................................................................... 15 3 APPLICABLE REGULATORY AND INDUSTRY STANDARDS ............................ 18 3.1 San Joaquin Valley Air Pollution Control District Permits .................................... 18 3 .2 City ofFresno Municipal Code ................................................................................ 21 3 .3 Industry Operational and Odor Control Standards and Best Practices ................. 22 4 COJ\1PLIANCE IDSTORY ................................................................................................ 25 4 .1 City of Fresno Code Enforcement ............................................................................ 27 4 .2 San Joaquin Valley Air Pollution Control District Violations ................................ 30 4 .3 Fresno City Council Acti on ...................................................................................... 31 5 FACILITY SITE INSPECTION ....................................................................................... 32 5.1 Inspection Setting ...................................................................................................... 32 5.2 Operating Conditions ................................................................................................. 32 5 .3 Recordkeeping and Documentation .......................................................................... 34 5.4 Inspection Findings .................................................................................................... 36 6 RECOMMENDED ACTIONS ........................................................................................... 37 6 .1 Permit Modifications ................................................................................................. 37 6 .2 Operational I Physical Modifications ....................................................................... 38 6 .3 Recordkeeping and Documentation Modifications ................................................. 41 7 CONCLUSIONS ................................................................................................................... 44 8 DISCLAIMER ...................................................................................................................... 45 9 REFERENCES ..................................................................................................................... 45 List of Tables ........................................................................................................................................ v List of Figi1res ....................................................................................................................................... v List of Attachments .............................................................................................................................. v l V LIST OF TABLES Tabl e Title 1 Fresno Weather Data 2 San Joaquin Valley Air Pollution Control District Pennit s to Operate 3 Code Enforcement Monitoring Results 4 San Joaquin Valley Air Pollution Control District Notices of Violation 1999-2009 5 Compliance Records Requested From Darling Internati onal L I ST O F FIGUR ES Figure Title 1 Location Map 2 City of Fresno Community Plan Boundary Map 3 City of Fresno 2025 General Plan Land Use and C irculation Map 4 Typical Continuous Dry Rendering Process Diagram 5 Darling International West Belgravia Pl ant Layout 6 Annual Wi ndrose Fresno, California LIST O F ATT ACMENTS Title A Edison Community Plan B Description of a Continuous Rendering System c Darling International -Internal Memorandum to Drivers -5/11 /2008 D San Joaquin Valley APCD -Permits to Operate E Darling International -Odor Control Plan -West Belgravia Facility F RADOX Material Safety Data Sheet USDA Publication-Effect of a Packed Bed Scmbber Using Radox Catalyst on the G Emission of Odors and Volatile Organic Compounds From a Commercial Poultry Rendering Plant H San Joaquin Valley APCD Initial Study and Proposed Mitigated Negative D eclaration -Fresno Upgrades Proj ect I Yorke Engineering, LLC Correspondence -5/8/2007 J City of Fresno Municipal Code, Chapter 10 -Atiicle 6 K Sacramento Municipal AQMD Draft CEQA Guide-Section 7 v L City of Fresno -Code Enforcement History Rep01t-Darling Faci lity M San Joaquin Valley APCD Historical Documentation File -Darling International Fresno Facility N San Joaquin Valley APCD Internal Memorandum-3/19/2008 Air Sampling Data Results 0 San Joaquin Valley APCD -Notices of Violation p Site Inspection Photographs Q Darling International-Fresno Facility Compliance Records Vl 1 INTRODUCTION 1.1 Scope of TJds Analysis In Febrnary 2009, the, City of Fresno Planning and Development Department (Fresno) retained Insight Enviromnental Consultants, Inc. (Insight) to review the Darling International, Inc. facility (Darling or Darling Facility) located at 795 W'est Belgravia Road in Fresno, California (Figure 1). Insight's directed evaluation was to evaluate and provide recommendations related to Darling 's cunent operations as compared to industry standards and best practices in relation to public nuisances, odor generation and control, traffic impacts, timely processing of materials , onsite material storage, offsite shipping, operating schedules, noise and routing. Additionally, Insight was to evaluate recent facility improvements relative to air quality impacts and the resulting impacts to the sun-otmding area. Specifically, the City endeavored to ascertain the efficacy and operational condition of all venting and/or odor reduction equipment and verify Darling's claim that existing equipment is "state of the art" and is installed, maintained and used to its fullest potential. The evaluation was required to assist Fresno and Darling in resolving public nuisance issues that have been attributed to Darling's West BelgraviaFacility since continued growth within the City has resulted in residential development in close proximity to the plant. Finally, the evaluation was to assist the City in evaluating Darling 's proposal to increase the dail y raw material process rate . The Darling West Belgravia Facility is located within the city limits of Fresno (Figure 1) and is also noted to be the entirety of Assessor 's Parcel Number 477-054- 12 . The property lies within an existing, and relatively old , industrial area of western Fresno. 1 WJ Darling Facility " •~m•·m&11 Dato use w~jectto lcense. l ~ml 0 !Ii-~ lj. 1 ·~ 2007 DeLorrn e. Street AV 1>$ USA® 2006 P<is . W'fvw:dc::b::lrme ..tom MN (13 7" E) FIGURE 1: Location Map 1.2 Land Use aud Development History D;l!ita .z:oom12-0 The City of Fresno is divided into nine Community Plan areas which were updated during the adoption of the 2 025 F re sno G eneral Plan. The plans are tailored to the specialized needs and concerns of the identifiable Co mmunity P lan areas and provide and discuss existing conditions (i .e. trends, planning issues; etc.), while also providing recommendations and/or guidelines that act as blueprints for the relative plan area. Unlike the G eneral P la n or Communi ty Plans which act as blueprints fo r relatively Large geographic areas, Specific Plans focus on neighborhoods that contain certain characteristics that are deemed desirable or reflect a certain planning trend. It should be noted that only a small poition of the city is located within a Specifi c Plan area, although all areas are within a Community Plan . In addition, several of the Specific Plans have Plan A dvi sory Committees that review entitlements within the plan area. The Darling West Belgravia Facility is located within the Edison Community Plan (Figm·e 2) which is pait of the City of Fresno General Plan and is refen-ed to as the 2 "Fruit-Church Industrial Area.1 The Industrial Section of the Edison Community Plan is provided in Attachn1ent A. According to the Edison Community Plan: "The Community is bounded on three sides by planned industrial concentrations. Generally it is not possible to enter the community ft·om cmy other portion of the city without crossing an industrial corridor. The appearance of such industrial uses are often unappealing, thus creating a negative image of the Edison community. Jn most cases the commitments to industrial uses or facilities cannot be changed, but their adverse impacts may be minimized by development of strict performance standards, proper site design, and the application of availctble measures to buffer and separate incompatible land uses. "2 FIGURE 2 -City of Fresno Community Plan Boundary Map Subsequent to the Edison Community Plan, the stated polic y of the Frnit-Church Redevelopm~ent Project was the "retainment-containment" of existing M -3 industrial uses and its intended establishment of desired buffer areas. 3 Based on the facility's location, the Edison Community Plan acknowledged the existence of this and other industrial-type operations within certain areas of the Plan. 1 Edison Community Plan, page 42 2 Edison Community Plan, page 42 3 The Plan also acknowledged the inherent issues present when trying to co-mingle industrial and 1·esid ential deselopment and recommended that appropriate buffer zones be maintained to provide sufficient transition within the community from industrial to. residential (or non-industrial) areas. The cmTent City of F resno 2025 General Plan, which incorporates the E dison Co mmunity Plan, depicts the industrial zone and buffered area in and around the Darling facility (Figure 3). Darling Facility BP !ml Community Pa rk ml Pon ding Basi n -Med ium High Density CJ Light •Heavy D Commercial/Industrial (Cen tral Are a) CJ Office -. Ponding Basin (Park use) D Res iden tia'I (Cen tred Area) CJ Med iu m Low Density Commun ity OK] El ementary Scl1oo! ~ Junior High Schoo l -Genern l-l1e avy FIGURE 3 -City of Fresno 2025 General Plan Land Use and Circulation Map 3 Memorandum of George Kerber, Director of Planning and Inspection Department, dated June 15 , 1978 . 4 Many cities vary in their planning requirements and practices in determining and maintaining an appropriate degree of separation between incompatible uses. In areas that are new to development, this is much easier than areas where historical land uses are competing against new development or urban sprawl. The facility was constructed and operated in 1956 by Sie1m Rende1ing primarily as a beef "packing" (slaughter) operation with limited rendering operations. In May 1965 Peterson Manufacturing purchased what was, by then, a fully operational rendering plant. In January 1987, Darling-Delaware Company (now known as Darling International, Inc.) purchased the plant. The Darling West Belgravia Facility was annexed by the City of Fresno in 1971. Fresno 's 2025 General Plan cunently provides a minimal buffer zone around the facility (see Figure 3). The facility's major sources of raw materials are Cargill, Harris Ranch Bee±: Foster Farms and Zacky Farms. Over the course of the last 53 years, as with many San Joaquin Valley cities, development slowly surrounded the Fruit-Church Industrial Area to the extent that as of the date ofthis analysis, residential neighborhoods are within one-quarter mile of the Darling West Belgravia Facility. CmTently, the facility employs 38 people including the General Manager who is also responsible for Darling's Turlock Facility. The facility is currently allowed to process as much as 850,000 pounds of material daily.4 If these materials were not recycled (i.e., rendered) they would have to be disposed of in landfills, incinerated, buried or composted. As this would add a significant burden to California's already-over-burdened landfills, the State of California and U.S . Food and Drug Administration recognize the critical roll the rendering industry serves in protecting public health and safety. Raw materials that are not processed at rendering facilities decompose very quickly and can easily become a source of pests, disease and nuisance. Processing this material in a controlle.d environment significantly reduces to potential for adverse health and safety impacts in the conununity served by these operations. 4 San Joaql!in V alley Air Pollu,tion C ontrol District Pem1it No. C -406-1-2 , Condition 1. 5 2 DESCRIPTION OF EXISTING FACILITY 2.1 Description of Rendering Operations The Darling West Belgravia. Facility is a rendering, recycling and recovery operation that collects and processes raw material (primarily beef fat, bone and offal) into bone meal and purified fat that can be beneficially used to make animal feed, oleo chemicals (soaps, cosmetics, etc .) as well as fu el (biodiesel) and lubricants. As much as "one-third to one-half of each animal producedfor meat, milk, eggs and fiber is not consumed by humans.''5 The remaining raw materials are processed through a rendering operation that recycles these materials into many useful products. As of 2006, roughly 54 billion pounds of inedible animal tissues were b eing generated annually within the United States. 6 The rendering process basically consists of the application of heat to the raw material to separate fats and proteins and to destroy mi cro bial populations that could pose a threat to public health and safety. This process begins when material received for rendering is 1·eceived from transport trncks to the receiving area inside. the Main Processing Building. The raw material is sized to a uniform particle size and fed into a 62 ,000 pound per hour capacity continuous cooker from a metering bin. The cooker is an "agitated" vessel that is heated to between 250°F and 280°F which evaporates moi sture and separates fat from protein and hone. The· Discharge· Conveyer which separates liquid fat from solids discharges fats and solids to a Drainer Conveyer. These solids are combined with solid s from the Settling Tank and sent through a series of centrifuges and screw presses to fo1ther reduce the soli ds ' fat content. Solids that bypass the Screw Presses are recycled back to the Cooker. After several additional levels of liquid/soli ds separation is completed the· clarified fat i s removed for futther processing or storage and the solids are discharged into Pressed Cake and processed into meal which is then stored in Silos. Water vapor is sent through an air- 5 M e eker, David L , 20 06. Es.sentia1 Rendering, Kirby Lithographic C ompany, Inc., Arlington, Virginia, p. l 6 Ibid, page 17. 6 cooled condenser from which trapped particles are returned to the Cooker and the water vapor is sent through a Cooled Condenser (Cooling Tower). (";l:US •I ~TAT<X.le'V'D'09' ~,IU-~~~-~U-1-C-\l~~~~,~ jV.\ J Oll u l.'Il:.UI. fuqmr.u 0 ... · ..... · . COl\-:lNUOliS SYSTI.M 00~11,\TF TO Yo'A'la TRl'.Ane."T FIGURE 4 -Typical Continuous Dry Re11de1ing Process (Source: Darling International, Inc.) Odorous gases that are generated throughout the cooking and separation processes are collected by a ductwork system and transported with the non-condensable gases from the Condenser to the Thermal Oxidizer for destruction. Remaining condensables are processed to the city sewer. Emissions from fired equipment within the facility are controlled and reduced to regulated levels, as required by San Joaquin Valley Air Pollution Control District (SJV APCD) pennit conditions . Fugitive emissions from processing equipment are controlled by the Odor Control and Abatement System by being drawn into the system by the scrubber fans . The Odor Control and Abatement System is pennitted under SJV APCD Permit No. C-406 -1-2. Attachment B 7 provides a written description of the process described above and which is depicted above in Figm·e 4 . 2.2 Physical Layout and Operation The Darling West Belgravia Facility is located at the n01thern side of the parcel and is entered through a gate located at the northwestern corner of the property (see Figure 5). Offices are located south of the processing facilities and are modular office trailers. The po1tion of the parcel located north of the office is paved with asphalt with concrete in areas where additional structural support is required . The area west and south of the office is unpaved and consists of dirt and loose gravel. Cleaned truckJtrailer combinations , a grease gathering truck,. emergency response trailer and employee vehicles are located within this unpaved p01tion of the prope1ty . The structures related to Darling's rendering activities consist of the following: Main Processing Building -This structure is the largest building on the property. It consists of the Raw Material Receiving Area, Primary Wastewater Treatment Equipment, Raw Material Bin, Cooker, Centrifuge, Presses, Meal Room, Thermal Oxidizer, Boiler and Shop Area. Meal Silos -Two meal silos are located adjacent to and south of the Meal Room. Processed meal is transfen-ed to the silos and held for shipping. Meal Loadout -Located south of the Meal Silos, the Meal Loadoutis equipped with two doors to allow trucks to pull through to load the proce·ssed meal into trucks for offsite delivery. Fat Storage Tanks -Eleven Fat Storage Tanks are located adjacent to and south of the Raw Material Receiving Room at the west end of the Main Building. These tanks store processed fat rendered through the heat process. Condensers -A large condenser unit is located south of the Fat Storage· Tanks and is used to condense liquids from the steam generated through the heating process. Fan Towers (Packed Tower Wet Scrubbers) -Two Fan Towers are located on the property and are key components in the Odor Control System. One 100 ,000 Cubic Feet Per Minute (CFM) Fan Tower is located at the northeast corner of the Main Processing Building. The second is a 75 ,000 C.FM Fan Tower located west of the Meal Silos. These fans create a negative air pressure on the Main Processing 8 Building, M eal Room and Loadout Building by pulling air in from a ll openings and venting the a ir / ~ I Cool<..-I I "Eleetrleal 0 Fa n fower c Raw Material C!i /1""81Vll1g ~ CJ cianlnfugo ----0 P,ADOX ~ 8 lD_ Tank :;:; §lf'tuosoo ' 3 I Fat Storage Pr"""'Y Wil:ltewator ~ D I !?'. ~ T reasment -I 121<_J I Eil&Ctncat j ------' c:::==:::J n r----i 0000 r-.... 8 ~ 0 lOO OOoC >< Meii!l Room \...J I c onuen5e15 I 1:::::1 0 ~ Fatl~dout O[ 88 ....---- FanTowar Sllcp ~ I TrtJ<:I< Scale I I I D M eat ~4I D ,,_ ~ 6 D [] ~ [] FIGURE 5-Darling International West Belg1·avia Plant Layout from the building through the Odor Abatement and Control Equipment. This sy 51em is desi gned to retain all odors ge nerat ed within the Main Proc essing Building for processing through the wet scrnbb er s that utilize RADOX to scrnb malodorous emissions generated through the r endering process. Truck Scale -Located south of the Condensers , the Trnck Scale is used to verify load weights for each truck deliv ering raw material to the facility . 45K Storage Tank-This tank is used to store water to collect wastewat er for flow equalization tq the plant's primary wa stewater treatment system . At the t in1e the plant was or iginally constructed, the only form of odor abatement/control consisted of the distance from the pla nt to the nearest receptor. B y 9 today's standards, the plant had no active odor abatement or control devices . The operation provides rendering services to the meat-packing industry, commercial and industrial food service industry and the restaurant industry. Operational P1·ocess: Raw Mate1ial Delivery Raw material airives v ia Darling Intemational and contract delivery trucks through the northwest gate . Deliveries range from 25 to 33 trucks per day. All trucks are to be covered and all liquid contents are to be fully contained within the trailer. Required California Highway Patrol vehicle inspections are conducted on a 90-day cycle for all trucks. Darling also maintains a dedicated emergency response trailer that can be dispatched to off-site locations in the event of a spill or accident. Truck trafl:ic to and from the facility is specifically route.d to reduce impacts to neighboring areas. Effective May 11, 2008, Darling institut ed specific routes in and out of the facility and that restricted trucks from Church Avenue, Walnut Avenue, Fresno Street, West Avenue, Ventura Avenue and all surface streets in neighborhoods that are in the vicinity of the plant (see Attachnient C). Drivers who disobey this directive are subject to disciplinary action up to, and including, termination. 7 The following steps describe Darling's current truck receiving and handling procedures for raw material being delivered to the faci lity, as observed during the facility audit: Step 1: Step 2 : Trucks proceed to the Truck Scale where they are weighed to. determine the volume of raw material being delivered. Receiving Door(s) is (are) opened to receive the truck(s). Step 3: Delivery trucks are backed into the Main Processing Building through the Receiving Doors at the west end of the building. Step4: Step 5: Raw Material is unloaded (dumped) onto the floor ·of the receiving area . The empty truck is rinsed and cleaned of all raw materials after which a final rinsate of water and deodo1izing chemical (i.e., Pinesol®) is 7 Darling International Internal Memorandum to Truck Drivers dated 5111108 . 10 Step 6: sprayed throughout the trailer. Trailer wheels are rinsed of all raw materials. The empty truck is removed from the Main Processing building and temporarily parked west of the , office to await dispatch. Condition 16 of SJV APCD Permit to Operate C-406-1 -2 requires that "Delivery trucks shall be unloaded within 2 hours of entering the property." This condition is to ensure compliance with the SJV APCD's Nuisance Rule (Rule 4102) to ensure that odors from the raw material in the trucks is not allowed to remain outside the Main Processing Building long enough to po.se an odor nuisance to the surrounding area. Darling maintains truck delivery records that indicate that the facility operates, generally in compliance with this permit condition (see Attachment Q). Compliance with this condition was further enhanced when Darling expanded the capacity of their Turlock facility which enabled trucks in route to the facility to be re-routed if the facility was either near daily capacity or experiencing operational difficulties. The Fresno facility reportedly no longer holds trucks in queue for unloading but processes them from the scale to the receiving area promptly. Additional discussion regarding recordkeeping and compliance, efforts is contained in Section 5.3 of this report. Raw Material Handling Section 2.1 above describes the basic rendering process and the odor control processes that are utilized in standard rendering operations . The Darling facility only differs from FIGURE 4 in that there are two Packed -Tower Wet Scrubbers that utilize a chemical reagent to scrub the odorous compounds from the fugitive vapors collected from the processing equipment and buildings . During the process, the raw material is ground and then introduced into a cooker where water is evaporated off as the material is dehydrated. The remaining material consists mainly of fat (tallow) and protein. Heat input for the cooker is provided by a natural gas-fired boiler. Although the boiler is also permitted to allow firing on yellow-grease, due to economic considerations, the facility was not using this fuel source at the time of the inspection. The fat and tallow from the cooker is separated and stored in one of eight storage tanks. The resulting cooked material ( crax) is pressed to remove any farther tallow, 11 and the remaining product is ground into a meal consistency (meat and bone meal), and then stored in silos to cool. Condition 22 of SJV APCD Permit to Operate C-406-1-2 requires that "Except during periods of equipment breakdown as determined by the District under Rule 1100, all material received shall be processed within 24 hours of receipt. Each clehve1·y of material shall be monitored to ensure that processing is pe1formed within this time limit. " Compliance is based on records maintained by Darling. This is discussed further in Section 5 .3 . Finished Product Shipping Clarified tallow or fat is shipped in liquid form by trucks loaded directly from various storage tanks. Bone and meat meal is loaded from the Meal Storage Silos and shipped by truck The rectangular building has doors at both ends. Doors are to remain closed during loading operations. Trucks enter from one end, close the entrance door, load and open the exit door to move the uuck out. 2.3 Odor Abatement and Control Equipment Rendering operations d eal with animal parts> blood and bone; therefore> the most prevalent issue. is odors that emanate from the recycling and processing of these materials. The Facility's Odor Abatement and Control Equipment is described in and required by SJV APCD Permit to Operate C-406-1-2 (see Attachment D). The facility Odor Control Plan (see Attachnient E) is required under Condition 11 of the Permit to Operate as well. Odors at the facility are controlled by: 1. Proper Material Handling Procedures 2. Vapor Control Procedures 3 . Vapor Collection, Filtration and Destruction Each of these methods is designed to work together to control, contain and eliminate foul odors before they leave the facility . The three primary components of the Odor Abatement and Control System are : 12 a . Negative Air Pressure Negative air pressure on the Main Processing Building is maintained through the continuous use of two Packe.d-Tower Wet Scrnbbers (see below) equipped with large air displacement fans (one 75,000 CFM fan and one 100,000 CFM fan) which, through connected ductwork systems, collect the air from the various rooms within the building such that lower atmospheric pressure is maintained inside the. building which causes outside air to flow into the building and prohibits inside air from escaping outside. In practice, this system prohibits odors generated within the building from being released. Condition 35 of SJV APCD Permit to Operate C -406-1-2 requires that "the main processing building doors, meal building doors, and meal load out doors shall remain closed except during actual entry or exit of trucks or personnel or in case of emergency." Condition 36 of the same permit states that "Openings to the processing building shall be controlled so the building remains under negative pressure at all times except as otherwise allowed in this permit." b. Wet Scrubbers Two Packed-Tower Wet Scrubbers are permitted under SJVAPCD Permit to Operate No. C-406-1-2. These units are cylindrical towers that contain packed material (media). Water containing chemical oxidants is circulated through each unit by a recirculating pump. When the water droplets make contact with the. gathered air from the Main Processing Building a chemical change occurs that removes the odorous compounds from the circulated air . These scrubbers originally used a chlorine-based chemical oxidant. In 2007 the facility was authorized by the SJV APCD to allow the use ofRADOX®, a stronger chemical oxidant (see Attacbment F). The· use ofRADOx® is recognized by the United States Depa1tment of Agriculture (USDA) as an effective odor treatment additive to reduce odorous compounds. 8 Attachment G provides the USDA RADOX® Study that supports of the use ofRADOX® as a very effective means of reducing malodorous constituents. According to Darling, system emissions can be "fine -tuned" by adjusting the amount of 13 RADOx® being circulated in the system. While the amount of RADOx® consumed each year at the facility was disclosed to Insight during the course of this analysis , such information is considered proprietary by Darling, and is not provided herein. Annual volumes consumed since the facility changed from a chlorine-based chemical oxidant to RADOx® was verified in the course of this analysis. Each scmbber i s equipped with "sniffer" tubes at ground level. These devices allow Darling personnel as well as SJV APCD inspectors to determine whether the odors, if any, that are being emitted at the scrubber exhaust points. Condition 24 of SJV APCD Permit to Operate C -406-1-2 requires that "Scrubbers and sc rubber recycle tanks shall be drained and thoroughly cleaned at least once per week. Scrubber liquids s hall be disposed of in a manner to prevent a release which may constitute a nuisance odor." Scrubbers are drained to collection pits located within the Main Processing Building, where the liquids are treated before discharge to the city water treatment system. c . Thermal Oxidizer Concentrated odorous gas compounds are collected from the process presses, cooker, condenser and centrifoge, processed through a 12,000 cfm venturi scrubber to r emove large particulate matter and to cool the gas stream after which it is sent to a Thermal Oxidizer (TO). The TO utili zes high temperature ('l ,200 °F) to oxidize the odorous compounds. Should the TO experience a breakdown, vapors are routed from the Venturi Scrubber to the wet scrubbers or operations are shutdown. To route the vapors to the scrubber, ductwosk must be manually placed and connected us ing a forklift . This operation requires from 30 t o 60 minutes and remains an operational issu e for the facility to resolve in the future. 8 From the USDA study Effect Of A Packed-Bed Scrubber Using Radox Catalyst On The Emission of Odors And Volatile Organic Compounds From A Commercial Pou/tty Rendering Plant by Zahn et al., 2002 14 2.4 Facility Wincl Conditions As the primary focus of concern a t the Darling facility is off-s ite odor-related impacts, it i s important to consider facility wind conditions as they are the primary factor that transports odors off-site. Localized air quality can be greatly affected by elevation and topography. For the majority of the San Joaquin Valley, air movement through and out of the basin is restricted by the hills and mountains surrounding it. Although marine air generally flows into the basin from the San Joaquin River Delta, the Coast Range hinders wind access into the SJV AB from the west, the Tehachapi Mountains prevent the southerly passage of airflow, and the Sierra Nevada Mountains are a significant barrier to the east. These topographic features result in weak airflow in the valley, which becomes blocked ve1iically by high barometric pressure over the SJV AB known as inversions. Most of the surrounding mountains are above the normal height of the summer inversion layer (San Joaquin Valley Unified Air Pollution Control District 2002). Wind speed and direction play an important role in the dispersion and transport of air pollutants. Wind speed and direction data indicate that during the summer, winds usually originate at the n01th end of the SN AB and flow in a south/southeasterly direction through the Tehachapi Pass into the Southeast Desert Air Basin. Wind speed and direction data indicate that during the winter, winds occasionally originate from the south end of the SJV AB and flow in a north/northwesterly direction. Also , during winter~ the SJV AB experiences light, variable winds, typically less than 10 miles per hour (see Figure 4.3-1). Low wind speeds, combined with low inversion Layers in the winter, create a climate that is not conducive to dispersion of the malodorous compounds. The SJVAB enjoys an inland Mediterranean climate, averaging more than 260 sunny days per year. The valley floor is characterized by warm, dry summers and cooler winters. Average daily temperatures in the basin range from 44.6°F in January to 76 .7°F in Jul y. Summer highs often exceed 100°F, averaging in the low 90s in the 15 northern valley and high 90s to the south. Maximum temperatures of 90°F or greater occur about 88 days per year. Although the SJV AB enjoys a high percentage, of sunshine, .a reduction in sunshine occurs during December and January be.cause of fog and intennittent stormy weather. Temperatures of32°F and below occur about 22 days per year. Nearly 90 percent of the ammal precipjtation falls in the 6 months between November and April. Over the 60-year period from 1948 to 2008 (the most recent data available), the average annual precipitation was 10 .84 inches (see Table 1). Elevated temperature plays an important role in dispersion of malodorous compounds. During hot summer days~ wind speeds in the valley are typically low and often non-e xistent. On such days emissions tend to be concentrated around their source and can reach higher levels than nom1al since they are not being dispersed by the wind. TABLE 1 -Fresno Weather Data Period of Record Monthly Climate Summary for the Period 7/01/1948to12131/08 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Maximum 54.4 61.5 67.0 74.5 83.5 91.7 98.2 96.3 90.5 79.7 65.3 54.6 Te mp (J:') Average Minimum 37.5 40 .6 43.8 47.9 54.3 60.4 65 .6 63 .9 59.4 51.0 42.4 37.2 Temp (F) Ave ra ge Total 2.13 1.89 1.89 1.01 0.37 0 .14 0.01 0 .01 0 .16 0 .51 1.14 1.58 Precip.(in .) Average Snowfall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0 .0 0.0 0.0 0.0 0 .0 (in.) Average Snow 0 0 0 0 0 0 0 0 0 0 0 0 Depth (in.) P ercent of possibl e observati ons for p eri od of record: M ax. Temp.: 100%Min . Temp.: 100%Precipitation: 100% Snowfall: 9 1.2% SnowDepth: 9 1.3°A .. Source : Western Re gional Clill.late Center, htlp://www .wrcc.dri.edu/tg1-biiJ/c!JMAIN.pl?ca3 25 7 According to SJV APCD and Code Enforcement documentation, most odor complaints in the area of the Darling facility and the· Foste·r Farms facility tend to occur on wanner days and nights when such weather conditions are present. As noted above, wind speed and direction determines where impacts occur when odorous compounds are transp01ted off-site . As shown in Figure 6, the prevailing wind direction is from the northwest, typically placing the anticipated off-site impacts 16 76.5 50.3 10 .84 0.1 0 southeast of the facility . Once odorous molecules have b een emitted, dispersion is the. most reasonable. means of control and mitigation. This is why, as discussed further in Section 3.3 of this analysis , a development "buffer zone" can afford further protection from off-site impacts. WlND ROSE PLOT- Darllng International -West Belgravla Plant Wind Rose Plot of Fresno 2000 -2004 Meteorological Data I I , I I / / " , I I I I :'Af:.ST--1-----,----------\ I I \ \ I ' \ I \ I \ \ \ \ \ \ \ \ ' ' ' \ \ ' I I I I ' ' ' ' \ ' ' J ___ J __ _ I ---J -- I --,-- J J J J --,-- J J J I ---,--- J J tSOlJTH ' 10% / / \ I I I ( I / " " ,r Dl.Sf'lAY· Wind Speed Direction (blowing from) ' 20% I , / ( / ; / I I \ I ' , I I I I " ; I I I I \ \ I I W IND SPEED (Knots) D >=22 • 17-21 • 11 -17 ____ ! ____ __ • 7 -11 D 4-7 01--4 Calms: 19 10% COMM'NTS'. WRPLOT View ~ LAJ.:.es Environrnerital Softwa re OAT A PERIOD 2000-2004 Jan 1-Dec31 00:00 -23:00 CALM W1NOS . 19.70% AVG WIND SPE ED 6.44 K nots COMPANY NAME. Ins ight Envi ronmental Consultants, Inc . MODELER K.E. Parker TOTAL COUNT 39553 hrs. 6/512009 Figure 6 FIGURE 6 -Annual Windrose -Fresno, California 17 3.0 APPLICABLE REGULATORY AND INDUSTRY ST AND ARDS Rendering operations such as Darling's West Belgravia Facility are regulated by a number of agencies within the United States . The primary regulating agency is the U.S. Department of Agriculture (USDA) which regulated the handling and treatment of the . recycled raw material as it can quickly become a public health hazard. Al so of paramount importance is the elimination and control of bovine spongiform encephalopathy (BSE) or "Mad Cow Disease~'. While the impacts of BSE and the requirements of the USDA are far-'reaching throughout the rendering industry, the primary focus of this analysis remains to be the control of odor from the facility and the . potential nuisance impacts that uncontrolled odorous emissions may have in the vicinity of the facility. For the purpo.ses ofthis review, Insight considered three primary aspects ofregulatory and design control o.f odors related to the Darling facility: • Emissions from the facility as permitted by the . SJV APCD and compliance with related pe1mit conditions; • Compliance with the City of Fresno Municipal Code-control of Public Nuisance (i.e., odor); and • Industry design and operational standards relative to controlling odorous emissions and impacts from rendering operations. 3.1 San Joaquin Valley Air Pollution Control Distiict Permits Based on the requirements of the San Joaquin Valley Air Pollution Control District (SJV APCD), Darling is required to permit several pieces o.f equipment that are an integral part of their operation. Permits are required to control criteria pollutant emissions (NOx, SOx, CO, ROG and PM) and to ensure. that the facility does not violate SJVAPCD 's Nuisance Rule (Rule 4102). When an applicant applies for a permit, the SJV APCD evaluates the proposed equipment to determine. if it is capable of operating in compliance with applicable rnles. The ev aluation also includes a review of the operational aspects of the equipment as it relates to the facility. Each pennit contains conditions that are designed to ensure. that the equipment is operated a.s designed based on information supplied by the applicant and as verified by the SJV APCD. Complianc-e is assured through source testing, monitoring, recordkeeping and reporting. Pennit conditions require the applicant to 18 Permit Numbe1· docum ent compliance by recording certain aspects of equipment operations that ensure the. equipment is being operated as described in the, permit application. SJV APCD inspectors review these permit conditions and r ecords on a regular basis to determine whether or not a facility is operating in compliance with every permit condition. If a condition is being violated, a Notice of Violation is issued. The facility must then immediately con-ect the violation and is usually assessed a monetary penalty as well. Failure to comply with pennit conditions can result in significant fines, cease and desist orders, shutdown of t he facility and imprisonment. Table 2 provides a listing of cun-ent Permits to Operate that govern air quality impacts from the facil ity. TABLE2 S J . V II APCD P -an oaqmn a ey 't t 0 t enm s 0 pera e Equipment Description Animal Rendering Operation including a Raw Material receiving operation equipped with a Receiving Area, Surge Bin, Processing Equipment, Meal Grin.ding Area and Wastewater Treatment System with Two Flow C-406-1-2 Equalization Tanks served by One 100,000 CFM Packed-Tower Wet Sornbber and One 75,000 CFM Packed-Tower Wet Scrnbber (75 ,000 CFM Packed-Tower Wet Scrnbber shared with C -0406 -4) [Limits raw material process rate-to 850~000 pounds per day] Animal Rendering Operation equipped with an Atlas-St.ord TST-2264 Cooker, Tallow Work Tank, Roto -Shear Fat Drainer, Presses , Screws, C-406-2-2 Centrifuge and Condenser served by a 12,000 CFM Venturi Scrubber and an 18 MMBTU/HR Natural Gas-Fired Thermal Oxidizer with an associated 350 HP Heat Recovery Steam Boiler Meal Product Storage and Loadout Operation with a CRAX Receiving C-406-4-3 Operation and Four Enclosed Storage Loadout Bins all served by a Packed- Tower Scrubber (Shared with Permit C-406-1 ), Eight Tallow and Yellow Grease Loadout Tanks, and Two Meat and Bone Meal Storage Silos Note : See Attachment D for copies of each permit. Compliance with the various restrictive and recordkeeping conditions on each of the SJV APCD 's permits is designed to ensme that the faci lity operates in compliance with SJV APCD Rules and Regulations , California Clean Air Act and the. federal Clean Air Act. Each modification undertaken by Darling at the facility that results in a change to existing emissions and/or emissions control equipment is reviewed by the SJV APCD through the permit-modification process to ensure that any change in emissions levels is allowed under cmrnnt rules and that all appropriate control measures are installed and operational. 19 Proposed Facility Modifications Currently the facility is permitted to process up to 850,000 pounds of raw material on a daily basis . In 2007 Darling filed an application with the SJV APCD to add a boiler, modify-the condensing system and increase the daily raw material processing rate to 1,510,560 pounds. In the application, Darling contended that this modification would reduce or eliminate the need to re-route material received in excess of the cmTent daily limit which, at the time, was resulting in fugitive emissions from delivery trucks in queue while awaiting re-routing instructions. Darling also contended that the modifications would allow more efficient processing such that raw material received would have less time to degrade and pose an odor problem. Insight obtained copies of the SJV APCD Permit Modification Application Engineering Review (see Attachment H) associated with the boiler and condensing system modification and daily processing rate increase . During the application evaluation process, the SJV APCD requested additional information from Darling relative to the design capacity of the odor-treatment system that collects vapors discharged from the existing and proposed cookers. This was to asce1tai11 whether or not the existing odor-treatment system was sufficiently designed to handle the additional vapors created with the addition of the proposed boiler. An engineering evaluation of the odor-treatment system capacity conducted on behalf of Darling by Yorke Engineering, LLC (see Attachment I) found that "The leftover air leaving the condenser, typically in a range o/500-1,000 cfin [cubic feet per minute] (which is largely dependent on ambient air temperature) is delivered to a venturi scrubber and thermal oxidizer designed to treat 12,000 cfin of incoming air. This .treatment capacity exceeds the volume of air generated by the condenser and other potentially odorous sources supported by the venturi and thermal oxidizer. " The Yorke report goes on to state that "By re-establishing the correct cooker capacity [with installation of the proposed boiler] the potential for nuisance odors will be reduced ... " The SJV APCD evaluation concluded that, with the addition of several operational 20 conditions, "Compliance with all appli cable rule s and regulations is expected."9 The SJV APCD also concluded that the proposed increase in the daily processing rate would not pose an adverse impact to the air basin or area and, in fact, may reduce potential chances of nuisance violations by alleviating the. potential for re -load and transfer from the facility of raw material received in excess of the original processing rate. During the public review period for this application opposition to the modification and to the plant, in general, were noted . Resulting 'examination by the City of Fresno called into question the legal right of Darling to operate a rendering plant at the current location. Subsequently, the SJV APCD suspended review of the permit modification application and lists the project r eview cycle as "incomplete" until this issue is resolved. The issue ofland rights is not under the scope of this analysis . Section 4 of this analysis covers facility compliance with SJV APCD Rules and Regulations . 3 .2 City of Fresno Municipal Code The City of Fr esno Municipal Code contains two aiiicles that ate the primary focus of compliance issues for the Darling facility . Article 4 deals with Solid Waste and Recycling Facilities and Alticle 6 deals with Public Nuisance. For the purposes of this analysis, these two articles were the primary focus. Other po1iions of the Code dealing with land use, planning, zoning and permits may apply to the facility, however, thes e were not the primary focus of the analysis as their application to the facility was not witlli:n the project Scope of Work as defined by the City of Fresno . Chapter 10, Article 6-Public Nuisance Abatement Article 6 (see Attachment J) is designed to "safeguard, remedy and prevent the decay and deterio rati o n of o ur community by eliminatio n of public nui sances ."10 Over the past several years, according to the City of Fresno,. various allegations 9 S JV APCD Boiler Application Revie w, Section IX, page 29, August 28, 2007 10 M unicipal Co de and Charter of Fresn o, California, Chapter 10 , Article 6, Section 10 -602(g). 21 have been made by neighboring community groups that property values and living conditions in areas around the. Darling facility have declined based on the presence of their operation and based ·on occasional impacts from operational odors . As a result of these complaints, the City has the. authority to cite the facility for operating under any conditions that may be determined to cause further "decay and deterioration" of the community. Although Article 6 does not specifically define issues relative to the Darl ing facility operation as a specific "public nuisance", Section 10 -605(n) covers "Any public nuisance known at common law ... " of which "odor" that impacts neighboring property has been held to pose a public nuisance . As such, Article 6 may also be enforced by the City of Fresno to encourage containment of operational odors . 3 .3 Industry Operational and Odor Control Stamlards and Best Practices The re-use and recycling of raw animal materials has been going on for thousands of years. In the mid -1850 's the rendering industry be.came an important source of soap which was a by-product oftallow. As the generation of quantities of raw material occuffed close to population centers, the rendering industry became an integral part of any successful and growing economy and culture. When landfill conservation wasn't a major concern, much of the raw materials generated by society were simply buried with relatively small portions used to provide useful by- products through the rendering process. As these facilities grew and as the need to conserve landfills became more important, rendering facilities expanded and continued to improve the process of recovering and recycling even more of the raw material. As cities grew towards these plants they were forced to control raw material supplies, equipment emissions and resulting process odors. As one of the largest rendering plant operators in the world, Darling operates plants in other locations that are quite new and designed to control emissions and odor impacts with the best technology developed to-date. They also operate many plants, such as the Fresno facility , that were acquired over the years and that were constmcted over 50 years a.go. The basic components of the Fresno facility were constructed in 1953 with minimum emissions and odor controls. 22 Over the course of the last 50 years, a numb er of innovations have been discovered and implemented by the rendering industry to improve, the recycling and recovery process, improve the quality of the final product and to reduce impacts to the environment. Additionally, stringent emissions controls have, been required by local air quality control districts in order to achieve "attainment" status with the U.S . Clean Air Act and local air quality regulations. Based on documentation from the SJV APCD, the Fresno facility has been using various forms of odor control and abatement technology since the 1970's when vapor controls were installed to condense, recirculate and control odorous components from the cooking process. With inclusion of chlorine-use packed scrubber towers and physical operational controls, less odorous operations were 0001mon . In the ensuing years,. the odor abatement and control equipment at the Fresno facility have been modified a number of times and new equipment and methodologies have been added to further lessen the possibility for off-site impacts. C1mently, the most widely recognized and used methods of controlling odorous compounds from rendering operations in the United States 11 are : • Water Vapor Condensation-Containment of high strength water vapor and condensation results in more· accurate· control of odorous compounds generated through the cooking process (used by Darling); • Wastewater Treatment Systems -Wastewater produces methane through the anaerobic digestion process that can be used in the boiler system and retained within the system (Darling 's waste water is sent to the municipal sewer system from which it is treated. This eliminates on-site treatment and the potential for odorous emissions); • Covering Raw Material Bins -Offets containment of potential odots from trucking and receiving operations (used by Darling); • Air Scrubbing -Filtration of process and building air to remove odorous compounds (used by Darling); • Incineration of Odors -Use ofThennal Oxidizers to eliminate odorous compounds (used by Darling); 11 Meeker, DavidL, 2006. Essential Rendering, Kirby Lithographic Company, Inc., Arlington, Virginia, pp.48-51. 23 • Bioftlter -Used to filter processing room air to remove odorous compounds (this is equivalent to air scrnbbing which Darling utilizes); • Waste Heat Incinerator Boiler-A form of heat recovery that contains odorous compounds generated through the cooking process and can eliminate wastewater discharge in certain operations. (Darling asselis that use of their ctm-ent two-step control system consisting of the Thermox and condensation control equipment is equivalent to this method). The Waste Heat Incinerator method captures up to 100% of the odorous compounds while Darling's two-step method captures approximately 99% of the odorous compounds making them essentially equal. • Publicly Owned Treatment Works (POTW)-Waste treatment systems operated by municipalities (i.e ., sewer treatment plants) that handle discharged wastewater (used by Darling). Uses of these types of odor control methods are considered "best practices" in the rendering industry within the United States and Europe. CmTently, the Darling facility uses all butthree of the above measures. As a comparative measure to the various rendering industry standards noted above, the San Joaquin Valley Air Pollution Control District cites the Sacramento Metropolitan Air Quality Management District 's (SMAQMD) Draft CEQA Guide12 (May 2009) (see Attachment K) as the· most up -to -date technology and design- based methods of odor control and reduction. SMAQMD identifies the most current and effective in-practice mitigation measures to reduce the release of odors from rendering plants as: • Multi -stage wet scrubber on the faci lity process exhaust (used by Darling); • Biofilters in facility process exhaust (this is equivalent to air scrubbing which Darling utilizes); • Venturi scrubbers or similar technology to remove paiticulate matter from facility process exhaust prior to treatment by scrnbbers and bioftlters (used by Darling); • Boiler incinerators to treat facility ptocess exhaust (equivalent to use of the 12 Telephone conversation with Georgia Stewart (SNAPCD) on May 12, 2009. 24 Thermox system used by Darling); • Direct flame incineration or catalytic incineration to treat facility process exhaust (used by Darling); • Negative pressure within the rendering facility to minimize the release of fogitive ·odor emissions (used by Darling); • Chemical coagulation and Dissolved Air Floatation (DAF) to remove proteins, fat s and oils from facility wastewater (us ed by Darling); • Activated Sludge Treatment to remove dissolved fraction of waterborne pollutants (this is conducted indirectly through use oftbe city waste treatment system); and • Development Buffer Zone around rendering facilities of at least 4 miles to ensure that maximum aerial dilution of any odors is allowed before impacting sensitive receptors. Of these.recommended, in-practice odor control methods, the Darling facility currently utilizes five of the nine listed SMAQMD odor control methods. Based on the various forms of mechanical and process odor-control technologies proven-effective, available and in-use throughout the tendering industry, it app ears that the basic systems used to gather, control and eliminate odorous compounds from the Darling can be considered "best technology" and "state-of-the-art". While these technologies are the same or similar to those being used throughout the industry, each of these systems can be easily defeated by operating conditions and/or human intervention. In addition, the most effective technology-di stance, in the fonn of a "Buffer Zone.'', is not possible for the facility as sensitive re.ceptors in the form of residential developments, schools and parks have been constructed in close proximity to the facility. 4.0 COMPLIANCE HISTORY In the course of Insight's evaluation, we determined that a historical review of the facility 's compliance history was necessa1y to establish compliance activities and patterns, and to review corrective and/or enforcement measures taken b y various regulatory 25 authorities to ensure compliance with regulatory conditions by the facility . Based on the established use of best known and "state-of-the-alt" odor control equipment at the facility, compliance issues imposed ·on the facility are regulated and enforced by pennit condition and municipal code. Equipment breakdowns and non-compliant activities involving this equipment will usually result in a reaction (complaint) from nearby residents and a coITesponding response by either one or both of the responsible agencies -City of Fresno Code Enforcement or the SJV APCD. Requests for historical compliance records were made from each agency, as well as from Darling, and a review was conducted of the provided information and data. Code Enforcement provided a detailed Case History Report covering facility reviews, inspections, field reconnaissance and enforcement activities from January 7, 2008 through February 25, 2009 (see Attachment L). Details of these actions are discussed below. SJV APCD provided records of cuITent and past Permits to Operate and Authorities to Constmct, records of annual source test results, annual inspection reports, records of Notices of Violations, annual emissions inventory data, variance determinations , nuisance complaint investigation documentation and various forms of cotTespondence concerning the facility dating from December 1972, when the facility was operated by Peterson Manufacturing, to the present (due to the volume of documents, Attachment M provides all considered SJV APCD records in electronic format as provided by the SJV APCD). The result of Insight's review of these.records is provided further in this section. Odor Complaint History For the purposes of this analysis , a 14-month compliance history period (January 7, 2008 through February 25, 2009) was reviewed. As documented in Attaclunent L, the City of Fresno Code Enforcement Department conducted an intense period of area reconnaissance and facility inspections during this time. Code Enforcement personnel were present in the vicinity of the facility and responded to public complaints received. Also during this period a multi-agency joint inspection was conducted at the facility. Separate from these two efforts during the same period, the SJV APCD conducted an annual compliance inspection of the facility. Additionally, review of this time period covers seasonal and 26 operational changes at the facility location, and provides a reasonable time frame to examine odor (and other) complaints 1·eceived by the City of Fresno and SJV APCD. 4.1 City of Fresno Code Enforcement Multi-Agency Inspection On January 29 , 2008, a multi -agency inspection of the Darling facility was conducted as requested by the City of Fresno Planning and Code Enforcement Departments. Pru1icipating agencies included Code Enforcement, Building Inspection, Fire Prevention, Environmental Control, City of Fresno Wastewater, and the SJV APCD . Also present "\\-"'ere representatives from Darling operations and management as well as their "outside" legal counsel. While there were a smal l number of minor issues noted during the inspection, no significant odor-related operational or technical issues were noted. Air Sample Analyses During the Multi-Agency Inspection and on two other dates , 13 the SJV APCD obtained and analyzed four air samples from various locations (see Attachment N) in an attempt to differentiate odor constituents between the Darling facility and the nearby Foster Farms facility to detennine which, if any; could be specifically identifiable in the neighborhood sample . Samples from the residential area at Arthur and Grove Avenues were also obtained. These samples were analyzed by SJV APCD staff "using a Pulsed Flame Photometric Detector for sulfur gas analyses, and a Saturn 2000 Mass Spectrome ter for hydrocarbon analyses.''14 (see Attaclunent 0). Samples obtained within the Darling facility were from the raw material r eceiving area and from the RADOX Packed Tower Scrnbber sample tube. The results of the analyses indicated that the hydrogen sulfide (a known odorous compound) was detected at the Darling facility at 0 .3 pruis per bill ion (ppb) and 0 .05 ppb and at the neighborhood sample at 0 .2 ppb. At 0.2 ppb, hydrogen s ulfide is below detectable thresholds f01· humans. The SJV APCD verified that there was no odor present at the location where the sample was taken. The SJV APCD concluded that "The sulfur scans produced the most interesting results, whereas the 13 SJV APCD Internal Memorandum from J. Copp t o M. Carrera dated March 19, 2008. 14 Thid 27 15 Thid hydrocarbon s cans appear to characterize our regional air pollution more than specific sample locations. The hydrocarbon s cans s howed concentrations of acetone dioxane. toluene .. and benzene but did not offer an obviou s chemical fingerprint of the sample locations . "15 Facility Monitoring Starting on Febmary 6 , 2008. and continuing through December 17, 2008, Code Enforcement monitored the fac i lity and neighboring residential areas as often as daily and at least weekly for trnck movement and routing as well as odors present at or near the facility and within the neighborhoods (see Attachm ent L). Code Enforcement monitored the facility as many as 112 times during this period. The results of the monitoring inspections are presented in Table 3 below. TABLE 3 C d E fi tM "t . R sult ' -o e n orcen1en om ormg e s RESULTS NUMBER OF % OF TOTAL TIMES FOUND INSPECTIONS No Odor at Facility 63 56% Light Odor at Facility 42 37% Bad Odor at Facility 3 3% Light Odor at Neighborhood 4 4% Bad Odor at Neighborhood 0 0% TOTAL: 112 100% Of the monitoring inspections noted above, Code Enforcement documented that the residential area historically impacted by odors emanating from the. vicinity of the Darling facility was not impacted 96 % of the time. In fact, of the three episodes when the odor in the area of the facility was rated as "bad" or worse, only one· of these incidents c01r espond to an episode where "Light" Odor was detected within the neighborhood that r esulted in a complaint being filed with the City by a resident. 16 An inspection in response to this complaint found a raw material receiving door and the large boiler room door open at the facility . The City documented four public complaints (phone calls to the City) during this period and investigated each. Of the four complaints, two incidents (5/17/08 and 28 611 /08) resulted in a formal action (complaints). The City filed the two complaints with the SJV APCD for odors detected at the, Darling facility where it was noted that several doors were open and "Staff verified light smell at Habitat for Humanity neighborhood and intersection of Grove and ThorneAve."17 . In their complain~ the City also mentioned the Southgate Processing facility, which is near the Darling facility; although no specific details about their complaint regarding Southgate were noted. According to SJV APCD, no complaints were filed from members of the, public relative to this episode. The third public complaint noted in Code Enforcement 's Case History Report18 was from a phone call from a resident on 7/29/08. Staff responded to the residence and noted that a "light odor' was detected at the complainant's residence, but that no odors could be detected elsewhere, and the odor could not, apparently, be attributed to the Darling facility. No further action was taken. According to SN APCD, no complaints were filed from members of the public relative to this episode. A fomth public complaint was noted in Code Enforcement's Case History Report :from a phone call from a resident on 2/25/09.19 The. caller noted strong odors emanating from the Darling facility. Staff conducted a field inspection and found light odors southeast of the facility and at the intersection of Jensen and Fruit A venues. No further action was taken. According to SN APCD, no complaints were filed from members of the public relative· to this episode. Code Enforcement's intense monitoring efforts of Darling's operations, responses to public calls and identification of the presence of odors and their sources, related local area complaints and concerns docmnented activities at the facility through a foll year of seasonal changes . This effort documented operational issues at the facility that may have resulted in the release of odorous compounds from the facility and may help develop corrective measures to ensure farther reduction of such impacts in the foture. 16 City of Fresno Case History Report -Code Enforcement r e cords dated 5/1 7 /08 (see Attachment L , page 12). 17 Thiel, pa,ge 13 . 18Thicl, page 20). 29 4.2 San Joaquin Valley Air Pollution Control District Violations A s ignificant amount of SJV APCD data was provided to Insight for this analysis through Darling International (see Attachment M). Documents relative to the Fresno facility from December 1972 through the most recent annual compliance inspection report were reviewed. The files revealed very few Notices of Vio lation for the facility. Of the docum ente d v iolations, none were based on odor complaints . Table 4 provides details from each of the NOVs. The NOVs are also provided in Attacbment 0 . TABLE 4 N ti -o ceso f v· I t° 1999 tin h2009 IO a IOD 'OU!! NQV# DATE ISSUED VIOLATION 13875 7/28/2003 Exceeded meal storage limits 7438 11 /8/2004 Spilled finished material, standing poo ls 29396 21212006 Failure to conduct source test Based on the data provided (see Attachment M) no other documented NO Vs could be lo cate d. Mr. John Copp, Air Quality Insp ector,. SJV APCD was intervi ewed20 regarding compliance measures and efforts at the Darling Facility. 1'.1r. Copp reviewed SJV APCD files regarding the Darling facility and found that the last recorded complaints were received b y the District on 6/28 /07 and 9/07/07. No public complaints were located in the file for 2008 or through May 29 , 2009. Mr. Copp indicated that, base d on the results of compliance inspections conducted over the last several years, he believes the facility to be operating in compliance with cun-ent permit conditions. Mr. Copp stated that the facility has a great deal of control over odor emissions based on operating measures taken relative to raw material handling and building door operation. Mr. Copp also stated that with carefol operation of the facility (raw material delivery and handling, maintaining door closure, maintenance of wastewater sumps, etc), the facility should b e able to operate relatively "odor-free". He als o stated that, as the facility is "mechanical", breakdowns and equipment failures cannot be eliminated, but can be reduced through planning and maintenance. Mr. Copp 's primary concerns about the facility 19 Thid, pa,ge 27. 20 On-site meeting on April 28, 2009 and telephone intervi ew with John Copp, AQ Inspector, SJVAPCD, May 29, 2009. 30 were as follows : • Airflow through the main processing building may allow large pockets of malodorous air to remain trapped and not be processed through the scrubbers. This malodorous air could then be ejected from the building when doors at both ends of the facility are opened allowing "flow-through" ·of ambient air. • The facility is typically not operating on Sundays. Scrubbers are not operated at the. facility until raw material is ready to be processed on Mondays. Early loads received are u sually partially frozen so the facility may not operate the scrubbers until processing begins on un-frozen material. • Much of the site is unpaved and pottion.s of the paved site are in disrepair. Darling should consider repairing the paved areas and paving the unpaved areas. 4.3 Fresno City Council Action Bas ed on written testimony presente d to the Fresno City Council in August 2008 ,. "numerous reports of animal carcasses, and blood products" had been had been spilled from delivery trucks on public streets and intersections near and around the facility .21 According to this written testimony, in 2008 "the San Joaquin Air Pollution Board received 300 written complaints from the West Fresno community docurnenting the occurrences. "'22 In the course of this analysis, this claim could not be coIToborated, however the records provided by SJV APCD provided documentation of written and telephone complaints submitted to the SJV APCD as well as the California Air Resources Board by nearby residents since at least 1972. A number of these correspondences stated that many of the submitters were long- time residents of the area with a long history of conce1n regarding the facility. 21 Letter from Concerned Citizens of West Fresno to Fresno C ity Council elated August 15, 2008. 22 Thiel 31 5.0 FACILITY SITE INSPECTION On April 28, 2009, Insight conducted an inspection and operational review of the Darling facility . Also present during the. inspection were the following representatives: • City of Fresno Code Enforcement -Mr. Richard Sal inas, Senior Neighborhood Standards Specialist -Mr. Chris Montel ongo , Neighborhood Standards Specialist II; • San Joaquin Valley Air Pollution Control District -Mr. John Copp, Air Quality Inspector; • Darling International -Mr. William Mc.Murt1y, Vice President of Environmental Affairs; -Mr. James Roth, General Manager; -Jeffrey Reid, Attorney at Law, McCormick Barstow LLP (outside legal counsel) Following a presentation and briefing by Darling personnel on the company an d facility, a physi cal review and inspection of all operations at the facility was conducted. 5.1 htspection Setting On the day of the inspection weather conditions were clear and sunny with an amb i ent temperature of approximately 75 °F with light winds from the no1thwest ranging from approximately 1 to 5 miles per hour. Traffic in the area was observed to be light. 5 .2 Operating Conditions The fa.ci lity was in fu ll operation. During the inspection raw materi al delivery trucks were being weighed, unloaded, rinsed, parked and dispatched. The facility was grinding, cooking and processing raw material, fat, meat, meat meal and bone meal. No material (finished produ ct) was shipped during the inspection so this part of the operation was not observed. All odor control an d ab ateme11t equipment was fully operational and operating as permitted by the SJV APCD . Negative Air Pressure 32 The main processing building was u.nder negative air pressure. Negative air pressure was maintained with one receiving door open during delivery . Dm·ling personnel demonstrated the air-flow from outside to inside with an anemometer. Documentation (photographs) of the. externally viewable operating conditions is provided in Attachment P. 23 Other doors with access to the main processing building were closed and marked with signage stating "NOTICE-KEEP THIS DOOR CLOSED". During the, inspection the lm·ge bay door to the Boiler Room was found open. According to Mr. James Roth (Facility Manager), this door is left in the open position when the odor control and abatement system is operational to provide "make-up" air to the boiler. Between the Boiler Room and the main processing building there are two standard-sized doors. When opened, these doors demonstrated that a negative air pressure was being held on the main processing building with the Boiler Room bay door open. The bay door of the Meal Room does not fully close and seal at the bottom and is identified in Photo 6 of Attac11ment P . This did not cause the negative air system to fail, but puts an uunecessary drain on the system. Darling has stated that gaps such as found in this door do not compromise the integrity of the negative air system and,. in fact, assist in supplying sufficient make-up air for the negative air system. The negative air system should be capable of compensating for open doors but make-up air should be provided by louvered openings in the building that are designed to allow in -flow and restrict out-flow if the system is not operating -not from gaps in mis-aligned doors. In discussions subse.quent to the facility inspection Darling indicated that they would evaluate and consider installing mechanical louvers to accomplish this. Odor Control and Abatement System The facility 's odol" control and abatement system was fully operational. Scrubber s11iffing tubes were operational and were checked for adverse odors. Odor noted during the inspection was similar to "dog food ". Light odors were observed on the premises with occasional odors emanating from the nearby Foster Farms Plant. Prior to entering the site, the Insight inspection team canvassed the nearby area 23 Photographs taken of the interior operations are not provided h erein as they are considered '))foprietary" by 33 including the intersection of Church and Fruit A venues. Light odors similar to those from the sniffing tubes were. noted occasionally, but were not steady or overbearing. 5.3 Recordkeeping and Documentation A request for recor ds was made by Insight to Darling to verify compliance with various operating and recordkeeping conditions noted on the facilities SJV APCD permits to operate. Records were.requested based on.random dates and dates around complaint episodes and process u pset episodes. Table 5 provides a partial list of records requested and utilized during our evaluation. TABLE -C ~-Ii on 11 1 ance R dR t d F ecor s eques e rom D lin Int I ar -~ ernat1ona SOURCE DOCUMENT REPORTING PERIOD SJVAPCD Daily volume of raw material July 6 -13, 2008 Permit C-406-1-2 received March 22 -28, 2009 Condition 1 April 6 -12, 2009 SJ VAPCD Truck Scale Records -Deliv ery .Pennit C -406 -1-2 Truck Driver ' l"ime Sign-ln I Sign-April 6 -12> 2009 Condition 16 Out Log SJVAPCD Scrubber and Scrubb er Re-cycle Pennit C -406 -1-2 Tank Records t o demonstrate weekly A pril 2009 Condition 24 service. SJVAPCD pH Monitor Calibration Records Permit C -406 -1 -2 (Log) with Date . Time, C01rnctive April 2009 Condition 32 Actions. SJVAPCD Daily record of wind speed, wind July 6 -13, 2008 Permit C-4 06-1-2 dire ction and ambient temperature. April 6 -12, 2009 Condition 40 SJVAPCD January 19 -25, 2009 Pennit C -406 -2-2 Weekly Fuel Consumption Records February 16-22, 2009 Condition 18 March 23 -29, 2009 Attachment Q provides copies of the bulk ·ofrecords provided b y Darling in response to Insi ght's request. 24 R e cords supplied by D arli ng were reviewed to detennine if they adequ ately demonstrated compliance with the pennitted conditions. Subsequent to the original records review, Darling provided additional clarification on their recordkeep.ing system and documentati on . Portions of the. Darling International in that they depict configuration and design of the processing equipm e nt. 34 records provided are not included in Attachment Q as they are considered proprietary by Darling as they provide, detail ed information about their product volumes and process information that competitors may find useful. Daily Process Limit Review of records to establish that the raw material daily process limit was not being exceeded was conducted in the course of our review, Darling's record.keeping of daily deliveries, shipments and process rates should be maintained to clearly demonstrate compliance with the daily limit. The,recordkeeping system in use at the time of the fac i lity inspection did not clearly demonstrate compliance and,. in fact, on two occasions, of the dates requested, appeared to document that the daily limit may have been exceeded. It remains incumbent on Darling to ensure that their record.keeping practices and documentation is accurate, clear and easily discemable. Portions of these records are excluded from this report as they document volumes attributable to specific raw material suppliers which is considered "proprietary" information by Darling. Tmck Scale, Records Trnck scale re.cords provided for review clearly demonstrated that trucks were cycled through the facility within the two-hour limit. During the allowed time, trnck<; are to be weighed, dumped and cleaned. The longest turnaround time for a truck was l hour and 47 minutes. Weight oftaw material loads being delivered was provided on the "Raw Material Inspection GMP" form but could not be readily matched with Route Contr ol Tickets and weigh tickets. This system of tracking raw material weight in (to the facility) is, by Darling's admission "confusing". Revision of this system is, according to Darling, underway, Additi onal documentation and clarification was provided by Darling after the July 14, 2009 meeting with the City. As of the date of this report, Darling continues effo1ts to clarify their recoi-dkeeping system. According to Mr. John Copp, of the SJV APCD, this issue has not been thoroughly reviewed by SJV APCD in their annual inspecti ons. Scrubber Servi ce Records 24 Records provided for review that are deemed "proprietary" by Darling International are not included . 35 Darling's Weekly Control Equipment Maintenance Form was provided for the period 1·equested . These records are, by SJV APCD permit condition, required to demonstrate that the scrubbers are being maintained and serviced on a regular basis. They are to document that 1) the work was done, 2) describe what work was done~ 3) disclo se who completed the work and 4) note any resulting corrections or repairs required. Darling had completed the forms for this peri od, and demonstrate d compliance with these permit conditions. Calibration and Maintenance Records Darling provided their records of daily calibrations, repairs and maintenance for the pH probes located in the scrubber towers . These records include dates and actions tak en but are incomplete based on permit condition requirements . For example, these records don't provide any information on equipment calibration det ails or service completed on the probes . Without this information it is impossible to determine if the probes were properly calibrated based on manufacturer requirements or what, if any, adjustments were required to bring the probes into compliance with equipment repotiing standards . In order to demonstrate compliance with the permit condition, these records need to be improved to provide the additional information. Meteorological Data Records Darling provided most of the data requested a lthough two days of data was miss ing. This is not viewed as a critical issue· and was attributed to a facility compute·r malfunction. This is not viewed as a s ignificant is sue in the course of our re:view . Weekly Fuel Consumption Records All requested weekly fuel consumption data was provided by Darling. This data demonstrated compliance with th e faci lity's applicable permit condition. 5.4 Inspection Findings Phys ical inspection of any facility can only provide a snapshot of how operations are going at that moment. In this instance, on April 28, 2009, the Darling facility was fotmd to b e operating generally in compliance with applicable permit conditions and standards set by Darling's Odor Control Plan. General findings of 36 the inspection, which are expanded upon in Section 6 , are as follows: • Modifications to the physical plant should be undertaken to enhance compliance with e xisting permit conditions and to ensure that the facility operates as odor- free as possible . • Additional mechanical controls should be evaluated to ensure that doors at both ends of the facility remain closed during operation and especially when the. Odor Control and Abatement System in not in opetation. • Darling should explore the availability and cost-effectiveness of emerging technologies that provide real-time detection and quantification of specified odorous compounds to serve as an early warning system by notifying facility operators and management when an odor episode may be occurring. • Recordkeeping should be reviewed and improved to demonstrate foll compliance with all SJV APCD permit conditions. Compliance with these conditions will farther enhance the facility's ability to operate in as odor-free an environment as poss ible . 6.0 RECOMMENDED ACTIONS As discussed in the above Inspection Findings, there are a number of findings that the. facility review and inspection t eam noted during this analysis . Base d on these findings and observations, review of facility records , mechanical design, permit conditions and interviews with Darling, City of Fresno and SJV APCD personne4 Insight has determined that a number of recommendations are in orde·r. 6.1 Permit MOllifications Modilication to Darling's SJV APCD Permit to Operate should be considered to improve operational flexibility. • SJV APCD Permit to Operate C-406 -1-2, Condition 22 requires that "Except during periods of equipment breakdown as determined by th e District under Rule 1100, all materia l received shall be processed within 24 hours of receipt." This condition should be modified to. allow extension of the processing time when the causal breakdown is not air pollution control equipment that required District-approved relief from the specific permit condition . Scraping and 37 reloading decaying material at 24 hours and removal from the controlled environment within the processing area could lead to noxious odors being emitted when the material is shipped off-site . • An additional modification to allow an inctease in the daily raw material limit with the addition of an additional boiler /cooker system should be considered. SJV APCD 's engineering evaluation of this proposal submitted in 2007 found that this could be accomplished with no increase in emissions and that odorous emissions would most likely be decreased since raw material received in excess of the current volume allowed would not require re -loading and shipment to another facility . 6.2 Operational I Physical Modifications Several changes in operational procedures/methods should be considered by Darling based on observations made in the course of this analysis. • Ductwork Modifications -During breakdown of the The1mal Oxidizer, vapors are routed to one of the wet scrubbers or operations are shutdown. Ductwork to a scrubber must be manually placed and connected with a fork.Wt, which requires 30 to 60 minutes. Installation of permanent ductwork with a valve to re-route high intensity vapors to a scrubber ot boiler should be evaluated to eliminate the possibility of a breakdown or shutdown. Darling has indicated that these modifications are not necessmy on a regular basis; however, as the vapors are highly concentrated (ver y odorous) this modification could ensure that such vapors m·e readily contained . Darling must either complete this modification or provide justification as to why it is infeasible. • Boiler Room Modifications -Current operations require the large Boiler Room door to be open for make-up air. It is recommended that Darling consider installation of pennanent ducting to the roof or wall for make-up air. This would allow closure of all Boiler Room doors and reduce the potential for odor incursions from the Main Processing Building man -doors through the Boiler Room . From the public's perspective, an open door at the facility equates to "odor". Any door that Darling can keep closed reduces a potential source of odor and complaint. Darling must either complete this modification or prov ide justification as to why it is infeasible. 38 • Receiving Door Operation -Receiving doors have been observed to be open during raw material unloading and tmck/trailer clean out (see Attachment L) in violation of SJV APCD pennit conditions and Darling's Odor Control Plan, Section 5.2 (see Attachment E). Jovan Refoerzo, Lead Air Quality Permitting Engineer for the SJV APCD, confirmed that the District's intent in including conditions requiring doors to be closed when the plant is in operation "ex cept during actual entry or exit of trucks or personnel" included all doors to the Main Processing Building, Meal Building and Meal Loadout facilities. This includes the large bay doors and all man-dool's. Dading should require these doors to remain closed during such operations. A means to document compliance with this provision should be established, as recommended below. • Negative Air Pressure Door Operation -The Main Processing Building and attached facilities (i.e., Boiler Room, Meal Loadout Room, etc.) utilize the "negative air" system as their primary odor control device. Based on facility design, there are doors located in various areas of the stmctures that are operated in.dependently and not within sight of one another. All doors that depend on the negative air system (or have the potential to defeat the system) should be connected to a main "notification" panel that indicates their position to the operating manager such that he can immediately determine if a door can or should be closed to retain the negative air pressure, on the building. Any oven-ide of this system should require documentation of management and the reason(s) why. Additionally, doors that cannot complete a seal must be repaired or altered to ensute the integrity of the system (see Attachment P, Photo 6). • Meal Loadout Door Operation -Open meal loadout doors defeat the negative, pressure created by the wet scrubbers. The Meal Loadout Room doors catmot be seen from the Raw Material Receiving area or the office and is frequently left open by non-company drivers . Darling should require these doors to remain closed, as stated in the Odor Control Plan (Attachment E). • Odor Control and Abatement System Operation -Ctmently, plant ·operators do not nm the faci lity Packed-Tower Scmbbers during the first several loads of raw material processing early in the day-especially Mondays when the planthas been shutdown for over 24 hours. This is because these loads are typically frozen or chilled material and contain little to no offal. Pemut C-406-1-2 39 Condition 6 and Pennit C -406-2-2, Condition 2 (see Attachment D) require the system to be in full operation whenever the plant is in operation. As the Permit to Operate's Equipment Description includes "Material Receiving" as part of the operation, receipt of these initial loads is conducted under the authorization of the Permit to Operate and i s subject to all applicable conditions of approval. This practice is al.so in violation of Darling's Odor Control Plan, Section 5.1 (see. Attachment E). All odor control systems should be operated whenever the rendering plant is in operation. • Main Processing Building Internal Air Movement Study -As discussed in Section 4 .2 , due to facility building and interior equipment design, placement and use, airflow through the main processing building may allow pockets of malodorous air to remain trapped within the building and not be processed through the scrubbers. This malodorous air could then be ejected from the building when the doors at both ends of the facility are opened allowing "flow- through" of ambient air. A study of the interior of the building with the present equipment configuration should be conducted to determine if this is occuning and how it could be remedied (i.e. by inclusion of additional internal ducting, ventilation or minor equipment reconfigurations, etc.). These studies typically util ize very small volumes of smoke to visually follow the air flow tlu·ough the strncture and to identify areas that trap or inhibit air movement. If such a study has been conducted since the last time equipment was modified inside the building, Darling should provide documentation of the study and provide details and subsequent results of any con-ective actions taken or modifications made. • Facility Surfacing and Pavement -As discussed in Section 4.2, much of the facility is unpaved with some paved areas in need of minor repair. Although spills are washed down with water and raw material is removed to the processing facility when it has been dropped in the trafficked areas of the facility, residual material can remain embedded in the gravel and loose soil off oft.he paved portion of the site. As all material entering the site has the potential to create odors, it would be advantageous for the facility to be able to contain and control all runoff, at a minimum from the areas where delivery trncks operate or are parke.d. Improvements including paving of unpaved areas, repair of paved areas, collection guttering arotmd the facility and a liquid/solid 40 material collection point for grounds wash down, maintenance and cleaning should be evaluated and considered. • Odor Compound Speciation and Detection -Darling should explore the availability and cost-effectiveness o.f emetging technologies that provide teal- time detection and quantification of specified odorous compounds to serve as an early warning system by notifying facility operators and management when an odor episode may be occutTing. 6.3 Recordkeeping and Documentation Modifications Recordkeeping should be reviewed and improved to demonsttate foll compliance with all SJV APCD permit conditions. Compliance with these conditions will further enhance, the facility's ability to operate in as odor-free an environment as possible . The following changes are recoll11llended: • Odor Control Plan ~ The plan was prepared by Dai-ling in compliance with their SJV APCD Permit to Operate. The plan provides employees with a generalized explanation of the odor abatement and control systems utilized by the facility and also provides a reporting and response system for complaints received at the facility. The plan also requires that local and corporate management be aware of complaints received and resulting actions taken. The plan appears to be designed primarily as a complaint reporting and investigation mechanism. While this is partially the purpose of the SJV APCD pennit condition, the plan also should provide detaiL-s on how Darling will control odors from the plant. Several improvements to the plan are recommended: • Reference specific recordkeeping documents (i.e., maintenance and inspection records) by name and include examples in an appendix. • Specify what the daily processing limit is and what types of materiaL-s may be processed at the plant. • Provide only forms specific to this operation and location. The ctment plan includes poultry, pork and fish on the Odor Complaint Report. The plant is restricted from several of these, commodities. A plant-specific form may alleviate, confusion or the possibility of a reporting error. 41 • Define the specific operating limits included in the SJV APCD operating pennits. • Require pH level to be observed at least once per shift to ensure proper p·erforma.nce of the scrnbbers and ductwork. • As all employees are required to read and understand the plan, Darling should consider making it available in Spanish if appropriate .. • Require employees to acknowledge receipt and understanding of the.requirements by endorsing a signature page that is maintained by Darling management. • Emergency Odor Response Plan -Either as a part of the Odor Control Plan or as a "stand-alone'' document, it is recommended that the facility develop an Emergency Odor Response Plan to describe the activities necessary to promptly control and eliminate excess odor emissions during unavoidable incidents. These activities include, but are not limited to: • Discussion of available excess capacity of the odor control scrnbber system and oxidants. • Diversion of on-site raw materials to other facilities . • Refusal of off-s ite material in transit to the facility. • Establish the criteria for when to terminate proce·ssing. • Describe how unprocessed material will be handled inside the facility. • Provide detailed contact and position information regarding who can make such decisions on a local level. • Daily Raw Material Received Records -As discussed under Section 5 .3 ofthis analysis, Darling's recordkeeping of daily deliveries, shipments and process rates should be maintained to clearly demonstrate compliance with the daily limit. The cuITent recordkeeping system does not clearly demonstrate compli ance. Modifications to clarify these records should be made. • Raw Material Receipt I Weight Tickets Recordkeeping -As discussed in Section 5.3 of this analysis, Darling's system oft.racking raw material weights and trnck weights to document volumes of raw materials received is inadequate. This documentation should provide: 42 • Raw Material Weights for each truck off-l oading at the facility . • Holding Time for each truck. • Sufficient detail to correlate all raw materials received to the daily raw material process limit. • Separate documentation for trucks received at the facility but not unloaded at the facility . Revisions to this system should be completed prior to any change in the facility 's process limit. • Truck Scales -Truck scales should be certified in order to be able to prove compliance with the. facility~s daily processing limit. Certific;ation should be documented at least annually. • Scrnbber Service Records -Per Section 5.3 of this analysis, these records are, by SJV APCD permit condition, required to demonstrate that th e scmbber s are being maintained and serviced on a regular basis . They are to document that 1) the service work was completed, 2) describe what work was done, 3) disclose who complet ed the work and 4) note any resulting coITections or repairs required. Changes to the reporting form to include all required info1mation should be completed. • Calibration and Maintenance Records -Currently , these records don't provide any information on calibration details or service completed on the probes. Without this information it is impossible· to determine if the probes were prnperly calibrated based on manufacturer requirements or what, if any, adjustments were required to bring the probes into compliance with equipment reporting standards. In order to demonstrate compliance with the permit condition, these records need to be improved to prov ide the additional inf 01mati on. • Operating and Training Procedures -Although such documentation may exist, Darling should document that all plant ·operators and management personnel are trained in the proper operation of all possessing equipment and odor abatement and control equipment. Training should include at a minimum the review and familiarization of the equipment manufacturer's operating instructions. The facility should maintain records of the re.quired training including a statement of 43 time , place and nature of the training provided. The facility should also have available clear and concise. operating procedures based on the, manufacturer's recommendations. 7 .0 CONCLUSIONS Op erating a rendering plant in clo se proximity to a residential area i s a difficult endeavor. The Darling International facility has been continuously operating at this location since the 1950 's. Although the site was originally zoned for industrial operations such as this and the adjacent Foster Farms facility, residential development has slowly moved closer and closer to the plant over the years. As discussed herein , one of the most effective means of reducing odor impacts is to maintain a buffer zone that keeps potential receptors di stant enough away that adverse impacts are not likely to occur. Ideally, as di scussed within this analysis, this distance is 4 -miles or greater. Pr esently, housing and residentia l development is less than I-mile from the plant. The "buffer" is lost . However, refined operating practices and advancements in equipment design can make modern rendering operations nearly odor-free. While Darling is saddled with an antiquated structure, the recent modification of their operation through addition of new odor control and a batement equipment has reduced local impacts significantly . Based on SN APCD records , there hasn't been an odor or nuisance, complaint to the District since 2007 -almost two years . Even through an intensive yearlong compliance review and site reconnaissance, there have been few documented complaints. Historical records provided for this analysis have shown an interesting trend-complaints from local residents ha ve occurred on a regular basis throughout the last 50 years -but have reduced in frequenc y over the· last two years. This reduction is probably a result of the recent modifications made. by Darling at the facility . This analysis can conclude that the Darling facility i s a technologically up -to-date rendering facility including state-of-the-mt odor control and abatement equipment. The operation exists in an aged building and could benefit from impr oved operational practices and mechanical modifications. This facility should be able to continue operations with little to no impact to the smTOunding community -provided the facility adheres to current SJVAPCD permit conditions. The City of Fresno should endeavor to maintain as much di sta nce bet ween the Darling facility and potential receptors as possible. Further 44 development of non-compatible uses in close proximity to the facility will result in future lSSUeS. 8.0 DISCLAIMER Insight Environmental Consultants, inc. is a professional services consulting firm with experience in air quality, regulatory compliance, and environmental engineering. The management and professional staff of Insight are State of California Professional Engineers, Registered Environmental Assessors, and Geologists . Insight expresses no opinion as to disciplines, subjects and practices outside those specifically enumerated herein. Furthermore, Insight expresses no opinion as to any matters of California or Federal Law herein. This evaluation is based on information sought and obtained through legal means and is subject to limitations, qualifications, exceptions and assumptions set forth herein. Opinions expressed herein are based, in part, on reliance on the completeness and accuracy of information and data provided to Insight in the course of completing the analysis. 9.0 REFERENCES 1. American Conference of Govermnental Industrial Hygienists, Inc., Odor Thresholds for Chemicals with Established Occupational Health Standards, Akron, Ohio, 1989. 2 . Draft CEQA Guide, Sacramento Metropolitan Air Quality Management District, May 2009. 3 . Edison Community Plan, Adopted by the Fresno City Council on May 10, 1977. 4 . Guide for A ss essing and Mit igating A ir Quality Impacts, San Joaquin Valley Air Pollution Control District, January 10 , 2002 Revision 5. Meeker, David L, 2006 . Essential Rendering, Kirby Lithographic Company, Inc., Arlington, Virginia, September 2006. 6. Zahn et al., Effect of a Packed-Bed Scrubber Using Radox Catalyst on the Emission of Odors and Volatile Organic Compounds from a Commercial Poultry Re11dei-ing Plant, 2002 . [USDA-Agriculture Research Service, Official Technical Report] 45 Appendix B Air Quality, Greenhouse Gas, and Noise Modeling Details Emissions Summary Emission Activity MTCO2e/year Vehicle Trips (Mobile Sources) 1,212 Electricity Consumption 570 Natural Gas (excluding WWTP‐provided gas) 10,992 Water Consumption 57 Solid Waste Generation 25 Total 12,855 Construction Phase Adjustment CalEEMod Default Construction Phases Phase Days Site Prep 1 Grading 2 Building 100 Paving 5 Arch Coating 5 Total 113 Adjusted Construction Phases Start Date 1/1/2018 End Date 12/31/2019 Total work days 522 Ratio 4.61946903 Phase Days Site Prep 5 Grading 9 Building 462 Paving 23 Arch Coating 23 Total 522 CalEEMod Default VMT EstimateCalEEMod VMT Calculator (UNMITIGATED SCENARIO)Trip TypeCalEEMod defaults based on land uses inputtedH‐w or C‐W H‐S or C‐C H‐O or C‐O H‐w or C‐W H‐S or C‐C H‐O or C‐O Primary Diverted Pass‐byManufacturing 14.70 6.60 6.60 59.0% 28.0% 13.0% 92.0% 5.0% 3.0%Total Trips Total Trips = (TripRate weekday x 5 +Trip Sat + Trip Sun)Average Daily Trips Based on CalEEMod Trip Gen Defaults per land use unit. Total trips Calculatedweekday Saturday Sunday Total Trips (weekly)Manufacturing 152.8 59.6 24.8848.4Trip Length CalcAVG Trip Length = Link % primary x trip length primary+link % divertedx0.25x length trip primary+link % passbyx0.1Trip length calculated for each trip type based on trip purpose % and length defaults from CalEEModLand UseManufacturinglink % primarytrip length primary link % diverted Constant (0.25)trip length primary link % passby constant Trip LengthH‐W or c‐w 92.0% 14.70 5.0% 0.25 14.7 3.0% 0.1 13.7h‐s or c‐c 92.0% 6.60 5.0% 0.25 6.6 3.0% 0.1 6.2h‐o or c‐o 92.0% 6.60 5.0% 0.25 6.6 3.0% 0.1 6.2VMT Calc Per Land Use Type (Weekly)VMT = #Trips x AVG Trip Length per land use and trip typeManufacturing # tripstrip lengthWeekly VMTAnnual VMTH‐W or c‐w 501 13.7 6,863 h‐s or c‐c 238 6.2 1,463 h‐o or c‐o 110 6.2 679 Total VMT9,005 468,252.08 Trip PurposeLand UseAverage Daily Trip RateTrip number for each trip type are derived by multiplying the total trips for each land use calculated above in the Total Trip Calcs by the trip % shown in the Trip Type table for each land useLand UseMiles Trip % Annual VMT CalcSummed Weekly VMT from Each Land Use 9,004.85 Weeks per Year CalEEMod Uses for Annual VMT 52.00 52.000052.14285714Calculated Annual VMT468,252468,252 1,283the calculated weekly VMT for each land use is summed. This value is multiplied by 50 weeks/year to equal the annual VMT number calculated by CalEEMod VMT Estimate from Traffic StudyCalEEMod VMT Calculator (MITIGATED SCENARIO)Daily VMT Provided by Traffic Study 6,379 Annual VMT 2,213,513 Trip TypeCalEEMod defaults based on land uses inputtedH‐w or C‐W H‐S or C‐C H‐O or C‐O H‐w or C‐W H‐S or C‐C H‐O or C‐O Primary Diverted Pass‐byManufacturing 72.00 30.50 21.40 59.0% 28.0% 13.0% 92.0% 5.0% 3.0%Total Trips Total Trips = (TripRate weekday x 5 +Trip Sat + Trip Sun)Average Daily Trips Based on CalEEMod Trip Gen Defaults per land use unit. Total trips Calculatedweekday Saturday Sunday Total Trips (weekly)Manufacturing 152.8 59.6 24.8848.4Trip Length CalcAVG Trip Length = Link % primary x trip length primary+link % divertedx0.25x length trip primary+link % passbyx0.1Trip length calculated for each trip type based on trip purpose % and length defaults from CalEEModLand UseManufacturinglink % primarytrip length primary link % diverted Constant (0.25)trip length primary link % passby constant Trip LengthH‐W or c‐w 92.0% 72.00 5.0% 0.25 72 3.0% 0.1 67.1h‐s or c‐c 92.0% 30.50 5.0% 0.25 30.5 3.0% 0.1 28.4h‐o or c‐o 92.0% 21.40 5.0% 0.25 21.4 3.0% 0.1 20.0VMT Calc Per Land Use Type (Weekly)VMT = #Trips x AVG Trip Length per land use and trip typeManufacturing # tripstrip lengthWeekly VMTAnnual VMTH‐W or c‐w 501 67.1 33,609 h‐s or c‐c 238 28.4 6,757 h‐o or c‐o 110 20.0 2,201 Total VMT42,567 2,213,488.31 Trip PurposeLand UseAverage Daily Trip RateTrip number for each trip type are derived by multiplying the total trips for each land use calculated above in the Total Trip Calcs by the trip % shown in the Trip Type table for each land useLand UseMiles Trip % Annual VMT CalcSummed Weekly VMT from Each Land Use 42,567.08 Weeks per Year CalEEMod Uses for Annual VMT 52.00 52.000052.14285714Calculated Annual VMT2,213,4882,213,488 25 6,064VMT by Vehicle TypeProposed (Trucks) 5461 0.856090296Proposed (Passenger Cars) 918 0.143909704Total 6379 1Existing (Trucks) 4514Existing (Passenger Cars) 924Existing + Proposed (Trucks) 9975Existing + Proposed (Passenger Cars) 1842the calculated weekly VMT for each land use is summed. This value is multiplied by 50 weeks/year to equal the annual VMT number calculated by CalEEMod Energy Usage Natural Gas Usage (mcf) 244,608 18% from WWTP 44,029 Usage from nonrenewables (mcf) 200,579 Total Usage (therm) 2,069,971 Emissions (MT CO2) 10,992 Electricity Usage Usage (kwh) 4349700 Usage (MWh) 4,350 Emissions (MT CO2) 569.81 PG&E Intensity Factors (2020) CO2 Natural Gas 0.00531 MT/therm Electricity 0.131 MT/MWh Conversion Factors 1 mcf 10.32 therm 1 kwh 0.001 MWh Source: https://www.pge.com/includes/docs/pdfs/shared/ environment/calculator/pge_ghg_emission_factor_info_sheet.pdf Project Characteristics - Adjusted PG&E CO2 intensity factor based on RPS. Source: https://www.pge.com/includes/docs/pdfs/shared/environment/calculator/pge_ghg_emission_factor_info_sheet.pdf Land Use - Revised PD - project total floor area of 44,600 sq ft. Construction Phase - Construction anticipated to last 18-24 months (used more conservative 24 months). Trips and VMT - Up to 50 workers per Project Description. Assumed to occur during most intense construction phase. Vehicle Trips - Trip lengths adjusted to match traffic study. Energy Use - 2016 Title 24 standards result in 5% energy efficiency for nonresidential buildings. Water And Wastewater - 75,000 gallons of water/day demand. Fleet Mix - Adjusted fleet mix to account for 14.39% trips from passenger cars, 85.61% from trucks Stationary Sources - Process Boilers - 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population Manufacturing 44.60 1000sqft 1.02 44,600.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Rural 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2020Operational Year CO2 Intensity (lb/MWhr) 290 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Darling Ingredients Fresno County, Annual CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 1 of 29 Darling Ingredients - Fresno County, Annual 2.0 Emissions Summary Table Name Column Name Default Value New Value tblConstructionPhase NumDays 5.00 23.00 tblConstructionPhase NumDays 100.00 462.00 tblConstructionPhase NumDays 2.00 9.00 tblConstructionPhase NumDays 5.00 23.00 tblConstructionPhase NumDays 1.00 5.00 tblEnergyUse T24E 2.05 23.85 tblEnergyUse T24NG 17.11 10,162.08 tblGrading AcresOfGrading 2.50 0.50 tblProjectCharacteristics CO2IntensityFactor 641.35 290 tblProjectCharacteristics OperationalYear 2018 2020 tblProjectCharacteristics UrbanizationLevel Urban Rural tblTripsAndVMT WorkerTripNumber 17.00 50.00 tblVehicleTrips CC_TL 6.60 30.50 tblVehicleTrips CNW_TL 6.60 21.40 tblVehicleTrips CW_TL 14.70 72.00 tblWater IndoorWaterUseRate 9,250,000.00 27,375,000.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 2 of 29 Darling Ingredients - Fresno County, Annual 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2018 0.1902 1.5799 1.3420 2.5000e- 003 0.0863 0.0928 0.1791 0.0240 0.0855 0.1095 0.0000 228.0407 228.0407 0.0468 0.0000 229.2117 2019 0.4337 1.2901 1.1832 2.2700e- 003 0.0743 0.0728 0.1471 0.0199 0.0671 0.0870 0.0000 204.6262 204.6262 0.0425 0.0000 205.6897 Maximum 0.4337 1.5799 1.3420 2.5000e- 003 0.0863 0.0928 0.1791 0.0240 0.0855 0.1095 0.0000 228.0407 228.0407 0.0468 0.0000 229.2117 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2018 0.1902 1.5799 1.3420 2.5000e- 003 0.0863 0.0928 0.1791 0.0240 0.0855 0.1095 0.0000 228.0405 228.0405 0.0468 0.0000 229.2115 2019 0.4337 1.2901 1.1832 2.2700e- 003 0.0743 0.0728 0.1471 0.0199 0.0671 0.0870 0.0000 204.6261 204.6261 0.0425 0.0000 205.6895 Maximum 0.4337 1.5799 1.3420 2.5000e- 003 0.0863 0.0928 0.1791 0.0240 0.0855 0.1095 0.0000 228.0405 228.0405 0.0468 0.0000 229.2115 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 3 of 29 Darling Ingredients - Fresno County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Energy 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,375.79 00 24,375.79 00 0.4818 0.4473 24,521.13 50 Mobile 0.1784 2.3735 2.7626 0.0145 0.9462 0.0180 0.9642 0.2551 0.0171 0.2722 0.0000 1,350.008 5 1,350.008 5 0.0528 0.0000 1,351.328 5 Stationary 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 10.0684 0.0000 10.0684 0.5950 0.0000 24.9439 Water 0.0000 0.0000 0.0000 0.0000 8.6848 19.4848 28.1696 0.8940 0.0215 56.9154 Total 2.8252 24.5990 21.4324 0.1479 0.9462 1.7072 2.6533 0.2551 1.7063 1.9614 18.7532 25,745.28 41 25,764.03 72 2.0236 0.4688 25,954.32 38 Unmitigated Operational Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2018 3-31-2018 0.4228 0.4228 2 4-1-2018 6-30-2018 0.4463 0.4463 3 7-1-2018 9-30-2018 0.4513 0.4513 4 10-1-2018 12-31-2018 0.4529 0.4529 5 1-1-2019 3-31-2019 0.3959 0.3959 6 4-1-2019 6-30-2019 0.3989 0.3989 7 7-1-2019 9-30-2019 0.4033 0.4033 Highest 0.4529 0.4529 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 4 of 29 Darling Ingredients - Fresno County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Energy 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,375.79 00 24,375.79 00 0.4818 0.4473 24,521.13 50 Mobile 0.1784 2.3735 2.7626 0.0145 0.9462 0.0180 0.9642 0.2551 0.0171 0.2722 0.0000 1,350.008 5 1,350.008 5 0.0528 0.0000 1,351.328 5 Stationary 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 10.0684 0.0000 10.0684 0.5950 0.0000 24.9439 Water 0.0000 0.0000 0.0000 0.0000 8.6848 19.4848 28.1696 0.8940 0.0215 56.9154 Total 2.8252 24.5990 21.4324 0.1479 0.9462 1.7072 2.6533 0.2551 1.7063 1.9614 18.7532 25,745.28 41 25,764.03 72 2.0236 0.4688 25,954.32 38 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 5 of 29 Darling Ingredients - Fresno County, Annual Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Site Preparation Site Preparation 1/1/2018 1/5/2018 5 5 2 Grading Grading 1/6/2018 1/18/2018 5 9 3 Building Construction Building Construction 1/19/2018 10/28/2019 5 462 4 Paving Paving 10/29/2019 11/28/2019 5 23 5 Architectural Coating Architectural Coating 11/29/2019 12/31/2019 5 23 OffRoad Equipment Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 60,000; Non-Residential Outdoor: 20,000; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0.5 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 6 of 29 Darling Ingredients - Fresno County, Annual 3.1 Mitigation Measures Construction Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Site Preparation Graders 1 8.00 187 0.41 Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Grading Concrete/Industrial Saws 1 8.00 81 0.73 Grading Rubber Tired Dozers 1 1.00 247 0.40 Grading Tractors/Loaders/Backhoes 2 6.00 97 0.37 Building Construction Cranes 1 4.00 231 0.29 Building Construction Forklifts 2 6.00 89 0.20 Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.37 Paving Cement and Mortar Mixers 4 6.00 9 0.56 Paving Pavers 1 7.00 130 0.42 Paving Rollers 1 7.00 80 0.38 Paving Tractors/Loaders/Backhoes 1 7.00 97 0.37 Architectural Coating Air Compressors 1 6.00 78 0.48 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Site Preparation 2 5.00 0.00 0.00 16.80 6.60 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 16.80 6.60 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 50.00 7.00 0.00 16.80 6.60 20.00 LD_Mix HDT_Mix HHDT Paving 7 18.00 0.00 0.00 16.80 6.60 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 3.00 0.00 0.00 16.80 6.60 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 7 of 29 Darling Ingredients - Fresno County, Annual 3.2 Site Preparation - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 2.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.9600e- 003 0.0244 0.0106 2.0000e- 005 1.0500e- 003 1.0500e- 003 9.6000e- 004 9.6000e- 004 0.0000 2.2288 2.2288 6.9000e- 004 0.0000 2.2461 Total 1.9600e- 003 0.0244 0.0106 2.0000e- 005 2.7000e- 004 1.0500e- 003 1.3200e- 003 3.0000e- 005 9.6000e- 004 9.9000e- 004 0.0000 2.2288 2.2288 6.9000e- 004 0.0000 2.2461 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 7.0000e- 005 6.4000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1416 0.1416 0.0000 0.0000 0.1417 Total 9.0000e- 005 7.0000e- 005 6.4000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1416 0.1416 0.0000 0.0000 0.1417 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 8 of 29 Darling Ingredients - Fresno County, Annual 3.2 Site Preparation - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 2.7000e- 004 0.0000 2.7000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.9600e- 003 0.0244 0.0106 2.0000e- 005 1.0500e- 003 1.0500e- 003 9.6000e- 004 9.6000e- 004 0.0000 2.2288 2.2288 6.9000e- 004 0.0000 2.2461 Total 1.9600e- 003 0.0244 0.0106 2.0000e- 005 2.7000e- 004 1.0500e- 003 1.3200e- 003 3.0000e- 005 9.6000e- 004 9.9000e- 004 0.0000 2.2288 2.2288 6.9000e- 004 0.0000 2.2461 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.0000e- 005 7.0000e- 005 6.4000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1416 0.1416 0.0000 0.0000 0.1417 Total 9.0000e- 005 7.0000e- 005 6.4000e- 004 0.0000 1.6000e- 004 0.0000 1.6000e- 004 4.0000e- 005 0.0000 4.0000e- 005 0.0000 0.1416 0.1416 0.0000 0.0000 0.1417 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 9 of 29 Darling Ingredients - Fresno County, Annual 3.3 Grading - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.3900e- 003 0.0000 3.3900e- 003 1.8600e- 003 0.0000 1.8600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 4.7900e- 003 0.0424 0.0350 5.0000e- 005 2.8000e- 003 2.8000e- 003 2.6700e- 003 2.6700e- 003 0.0000 4.7737 4.7737 9.2000e- 004 0.0000 4.7967 Total 4.7900e- 003 0.0424 0.0350 5.0000e- 005 3.3900e- 003 2.8000e- 003 6.1900e- 003 1.8600e- 003 2.6700e- 003 4.5300e- 003 0.0000 4.7737 4.7737 9.2000e- 004 0.0000 4.7967 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.3000e- 004 2.4000e- 004 2.2900e- 003 1.0000e- 005 5.6000e- 004 0.0000 5.6000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.5097 0.5097 2.0000e- 005 0.0000 0.5101 Total 3.3000e- 004 2.4000e- 004 2.2900e- 003 1.0000e- 005 5.6000e- 004 0.0000 5.6000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.5097 0.5097 2.0000e- 005 0.0000 0.5101 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 10 of 29 Darling Ingredients - Fresno County, Annual 3.3 Grading - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 3.3900e- 003 0.0000 3.3900e- 003 1.8600e- 003 0.0000 1.8600e- 003 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 4.7900e- 003 0.0424 0.0350 5.0000e- 005 2.8000e- 003 2.8000e- 003 2.6700e- 003 2.6700e- 003 0.0000 4.7737 4.7737 9.2000e- 004 0.0000 4.7967 Total 4.7900e- 003 0.0424 0.0350 5.0000e- 005 3.3900e- 003 2.8000e- 003 6.1900e- 003 1.8600e- 003 2.6700e- 003 4.5300e- 003 0.0000 4.7737 4.7737 9.2000e- 004 0.0000 4.7967 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.3000e- 004 2.4000e- 004 2.2900e- 003 1.0000e- 005 5.6000e- 004 0.0000 5.6000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.5097 0.5097 2.0000e- 005 0.0000 0.5101 Total 3.3000e- 004 2.4000e- 004 2.2900e- 003 1.0000e- 005 5.6000e- 004 0.0000 5.6000e- 004 1.5000e- 004 0.0000 1.5000e- 004 0.0000 0.5097 0.5097 2.0000e- 005 0.0000 0.5101 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 11 of 29 Darling Ingredients - Fresno County, Annual 3.4 Building Construction - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1340 1.3624 0.9573 1.4100e- 003 0.0875 0.0875 0.0805 0.0805 0.0000 128.4544 128.4544 0.0400 0.0000 129.4541 Total 0.1340 1.3624 0.9573 1.4100e- 003 0.0875 0.0875 0.0805 0.0805 0.0000 128.4544 128.4544 0.0400 0.0000 129.4541 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.1900e- 003 0.1179 0.0213 2.3000e- 004 5.1800e- 003 9.1000e- 004 6.1000e- 003 1.5000e- 003 8.7000e- 004 2.3700e- 003 0.0000 21.9886 21.9886 3.0100e- 003 0.0000 22.0638 Worker 0.0448 0.0325 0.3149 7.7000e- 004 0.0768 5.0000e- 004 0.0773 0.0204 4.6000e- 004 0.0209 0.0000 69.9440 69.9440 2.2100e- 003 0.0000 69.9992 Total 0.0490 0.1504 0.3362 1.0000e- 003 0.0819 1.4100e- 003 0.0834 0.0219 1.3300e- 003 0.0232 0.0000 91.9326 91.9326 5.2200e- 003 0.0000 92.0629 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 12 of 29 Darling Ingredients - Fresno County, Annual 3.4 Building Construction - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1340 1.3624 0.9573 1.4100e- 003 0.0875 0.0875 0.0805 0.0805 0.0000 128.4542 128.4542 0.0400 0.0000 129.4540 Total 0.1340 1.3624 0.9573 1.4100e- 003 0.0875 0.0875 0.0805 0.0805 0.0000 128.4542 128.4542 0.0400 0.0000 129.4540 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 4.1900e- 003 0.1179 0.0213 2.3000e- 004 5.1800e- 003 9.1000e- 004 6.1000e- 003 1.5000e- 003 8.7000e- 004 2.3700e- 003 0.0000 21.9886 21.9886 3.0100e- 003 0.0000 22.0638 Worker 0.0448 0.0325 0.3149 7.7000e- 004 0.0768 5.0000e- 004 0.0773 0.0204 4.6000e- 004 0.0209 0.0000 69.9440 69.9440 2.2100e- 003 0.0000 69.9992 Total 0.0490 0.1504 0.3362 1.0000e- 003 0.0819 1.4100e- 003 0.0834 0.0219 1.3300e- 003 0.0232 0.0000 91.9326 91.9326 5.2200e- 003 0.0000 92.0629 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 13 of 29 Darling Ingredients - Fresno County, Annual 3.4 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1029 1.0557 0.8109 1.2200e- 003 0.0651 0.0651 0.0599 0.0599 0.0000 109.9730 109.9730 0.0348 0.0000 110.8429 Total 0.1029 1.0557 0.8109 1.2200e- 003 0.0651 0.0651 0.0599 0.0599 0.0000 109.9730 109.9730 0.0348 0.0000 110.8429 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.2500e- 003 0.0973 0.0165 2.0000e- 004 4.5100e- 003 6.7000e- 004 5.1800e- 003 1.3000e- 003 6.4000e- 004 1.9500e- 003 0.0000 18.9741 18.9741 2.5900e- 003 0.0000 19.0387 Worker 0.0352 0.0247 0.2415 6.5000e- 004 0.0668 4.2000e- 004 0.0672 0.0178 3.9000e- 004 0.0181 0.0000 59.0801 59.0801 1.6900e- 003 0.0000 59.1223 Total 0.0385 0.1219 0.2580 8.5000e- 004 0.0713 1.0900e- 003 0.0724 0.0191 1.0300e- 003 0.0201 0.0000 78.0542 78.0542 4.2800e- 003 0.0000 78.1610 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 14 of 29 Darling Ingredients - Fresno County, Annual 3.4 Building Construction - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.1029 1.0557 0.8109 1.2200e- 003 0.0651 0.0651 0.0599 0.0599 0.0000 109.9729 109.9729 0.0348 0.0000 110.8427 Total 0.1029 1.0557 0.8109 1.2200e- 003 0.0651 0.0651 0.0599 0.0599 0.0000 109.9729 109.9729 0.0348 0.0000 110.8427 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 3.2500e- 003 0.0973 0.0165 2.0000e- 004 4.5100e- 003 6.7000e- 004 5.1800e- 003 1.3000e- 003 6.4000e- 004 1.9500e- 003 0.0000 18.9741 18.9741 2.5900e- 003 0.0000 19.0387 Worker 0.0352 0.0247 0.2415 6.5000e- 004 0.0668 4.2000e- 004 0.0672 0.0178 3.9000e- 004 0.0181 0.0000 59.0801 59.0801 1.6900e- 003 0.0000 59.1223 Total 0.0385 0.1219 0.2580 8.5000e- 004 0.0713 1.0900e- 003 0.0724 0.0191 1.0300e- 003 0.0201 0.0000 78.0542 78.0542 4.2800e- 003 0.0000 78.1610 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 15 of 29 Darling Ingredients - Fresno County, Annual 3.5 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 9.5400e- 003 0.0902 0.0822 1.3000e- 004 5.0900e- 003 5.0900e- 003 4.7200e- 003 4.7200e- 003 0.0000 11.0083 11.0083 3.1500e- 003 0.0000 11.0870 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 9.5400e- 003 0.0902 0.0822 1.3000e- 004 5.0900e- 003 5.0900e- 003 4.7200e- 003 4.7200e- 003 0.0000 11.0083 11.0083 3.1500e- 003 0.0000 11.0870 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3600e- 003 9.5000e- 004 9.3000e- 003 3.0000e- 005 2.5700e- 003 2.0000e- 005 2.5900e- 003 6.8000e- 004 1.0000e- 005 7.0000e- 004 0.0000 2.2753 2.2753 6.0000e- 005 0.0000 2.2769 Total 1.3600e- 003 9.5000e- 004 9.3000e- 003 3.0000e- 005 2.5700e- 003 2.0000e- 005 2.5900e- 003 6.8000e- 004 1.0000e- 005 7.0000e- 004 0.0000 2.2753 2.2753 6.0000e- 005 0.0000 2.2769 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 16 of 29 Darling Ingredients - Fresno County, Annual 3.5 Paving - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 9.5400e- 003 0.0902 0.0822 1.3000e- 004 5.0900e- 003 5.0900e- 003 4.7200e- 003 4.7200e- 003 0.0000 11.0083 11.0083 3.1500e- 003 0.0000 11.0870 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 9.5400e- 003 0.0902 0.0822 1.3000e- 004 5.0900e- 003 5.0900e- 003 4.7200e- 003 4.7200e- 003 0.0000 11.0083 11.0083 3.1500e- 003 0.0000 11.0870 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.3600e- 003 9.5000e- 004 9.3000e- 003 3.0000e- 005 2.5700e- 003 2.0000e- 005 2.5900e- 003 6.8000e- 004 1.0000e- 005 7.0000e- 004 0.0000 2.2753 2.2753 6.0000e- 005 0.0000 2.2769 Total 1.3600e- 003 9.5000e- 004 9.3000e- 003 3.0000e- 005 2.5700e- 003 2.0000e- 005 2.5900e- 003 6.8000e- 004 1.0000e- 005 7.0000e- 004 0.0000 2.2753 2.2753 6.0000e- 005 0.0000 2.2769 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 17 of 29 Darling Ingredients - Fresno County, Annual 3.6 Architectural Coating - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.2781 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0600e- 003 0.0211 0.0212 3.0000e- 005 1.4800e- 003 1.4800e- 003 1.4800e- 003 1.4800e- 003 0.0000 2.9362 2.9362 2.5000e- 004 0.0000 2.9424 Total 0.2812 0.0211 0.0212 3.0000e- 005 1.4800e- 003 1.4800e- 003 1.4800e- 003 1.4800e- 003 0.0000 2.9362 2.9362 2.5000e- 004 0.0000 2.9424 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.3000e- 004 1.6000e- 004 1.5500e- 003 0.0000 4.3000e- 004 0.0000 4.3000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3792 0.3792 1.0000e- 005 0.0000 0.3795 Total 2.3000e- 004 1.6000e- 004 1.5500e- 003 0.0000 4.3000e- 004 0.0000 4.3000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3792 0.3792 1.0000e- 005 0.0000 0.3795 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 18 of 29 Darling Ingredients - Fresno County, Annual 4.0 Operational Detail - Mobile 3.6 Architectural Coating - 2019 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.2781 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0600e- 003 0.0211 0.0212 3.0000e- 005 1.4800e- 003 1.4800e- 003 1.4800e- 003 1.4800e- 003 0.0000 2.9362 2.9362 2.5000e- 004 0.0000 2.9424 Total 0.2812 0.0211 0.0212 3.0000e- 005 1.4800e- 003 1.4800e- 003 1.4800e- 003 1.4800e- 003 0.0000 2.9362 2.9362 2.5000e- 004 0.0000 2.9424 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.3000e- 004 1.6000e- 004 1.5500e- 003 0.0000 4.3000e- 004 0.0000 4.3000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3792 0.3792 1.0000e- 005 0.0000 0.3795 Total 2.3000e- 004 1.6000e- 004 1.5500e- 003 0.0000 4.3000e- 004 0.0000 4.3000e- 004 1.1000e- 004 0.0000 1.2000e- 004 0.0000 0.3792 0.3792 1.0000e- 005 0.0000 0.3795 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 19 of 29 Darling Ingredients - Fresno County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.1784 2.3735 2.7626 0.0145 0.9462 0.0180 0.9642 0.2551 0.0171 0.2722 0.0000 1,350.008 5 1,350.008 5 0.0528 0.0000 1,351.328 5 Unmitigated 0.1784 2.3735 2.7626 0.0145 0.9462 0.0180 0.9642 0.2551 0.0171 0.2722 0.0000 1,350.008 5 1,350.008 5 0.0528 0.0000 1,351.328 5 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT Manufacturing 170.37 66.45 27.65 2,468,039 2,468,039 Total 170.37 66.45 27.65 2,468,039 2,468,039 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Manufacturing 72.00 30.50 21.40 59.00 28.00 13.00 92 5 3 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Manufacturing 0.481390 0.032808 0.168621 0.127212 0.018382 0.004997 0.032622 0.122881 0.002369 0.001675 0.005261 0.001115 0.000667 CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 20 of 29 Darling Ingredients - Fresno County, Annual 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 180.6377 180.6377 0.0181 3.7400e- 003 182.2030 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 180.6377 180.6377 0.0181 3.7400e- 003 182.2030 NaturalGas Mitigated 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 NaturalGas Unmitigated 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 21 of 29 Darling Ingredients - Fresno County, Annual 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Manufacturing 4.534e +008 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 Total 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr Manufacturing 4.534e +008 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 Total 2.4448 22.2255 18.6694 0.1334 1.6891 1.6891 1.6891 1.6891 0.0000 24,195.15 24 24,195.15 24 0.4637 0.4436 24,338.93 21 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 22 of 29 Darling Ingredients - Fresno County, Annual 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Manufacturing 1.37323e +006 180.6377 0.0181 3.7400e- 003 182.2030 Total 180.6377 0.0181 3.7400e- 003 182.2030 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr Manufacturing 1.37323e +006 180.6377 0.0181 3.7400e- 003 182.2030 Total 180.6377 0.0181 3.7400e- 003 182.2030 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 23 of 29 Darling Ingredients - Fresno County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Unmitigated 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0278 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1742 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e- 005 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Total 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Unmitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 24 of 29 Darling Ingredients - Fresno County, Annual 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0278 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1742 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e- 005 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Total 0.2020 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 25 of 29 Darling Ingredients - Fresno County, Annual Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 28.1696 0.8940 0.0215 56.9154 Unmitigated 28.1696 0.8940 0.0215 56.9154 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Manufacturing 27.375 / 0 28.1696 0.8940 0.0215 56.9154 Total 28.1696 0.8940 0.0215 56.9154 Unmitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 26 of 29 Darling Ingredients - Fresno County, Annual 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr Manufacturing 27.375 / 0 28.1696 0.8940 0.0215 56.9154 Total 28.1696 0.8940 0.0215 56.9154 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 10.0684 0.5950 0.0000 24.9439 Unmitigated 10.0684 0.5950 0.0000 24.9439 Category/Year CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 27 of 29 Darling Ingredients - Fresno County, Annual 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Manufacturing 49.6 10.0684 0.5950 0.0000 24.9439 Total 10.0684 0.5950 0.0000 24.9439 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr Manufacturing 49.6 10.0684 0.5950 0.0000 24.9439 Total 10.0684 0.5950 0.0000 24.9439 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 28 of 29 Darling Ingredients - Fresno County, Annual 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type Boiler 0 0 0 0 User Defined Equipment Equipment Type Number 10.1 Stationary Sources ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Equipment Type tons/yr MT/yr 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated/Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 8/31/2017 12:41 PMPage 29 of 29 Darling Ingredients - Fresno County, Annual Construction Source Noise Prediction ModelLocationDistance to Nearest Receptor in feet EquipmentUsage Factor1Threshold 1,351Grader0.4Residence 11200Dozer0.4Residence 21300Excavator0.4Ground TypeSOFTSource Height12Receiver Height5Ground Factor20.60Predicted Noise Level 3Grader81.0Dozer81.0Excavator81.0Sources:1 Obtained from the FHWA Roadway Construction Noise Model, January 2006. Table 1.2 Based on Figure 6‐5 from the Federal Transit Noise and Vibration Impact Assessment, 2006 (pg 6‐23). 3 Based on the following from the Federal Transit Noise and Vibration Impact Assessment, 2006 (pg 12‐3). Leq(equip) = E.L.+10*log (U.F.) ‐ 20*log (D/50) ‐ 10*G*log (D/50) Where: E.L. = Emission Level;U.F.= Usage Factor;G = Constant that accounts for topography and ground effects (FTA 2006: pg 6‐23); andD = Distance from source to receiver.Combined Predicted Noise Level (Leq dBA)50.0Combined Predicted Noise Level (Leq dBA at 50 feet)Leq dBA at 50 feet38549.086Reference Emission Noise Levels (Lmax) at 50 feet1858549.9 Attenuation Calculations for Stationary Noise SourcesKEY:Orange cells are for input.Grey cells are intermediate calculations performed by the model.Green cells are data to present in a written analysis (output).Noise Source/IDAttenuated Noise Level at Receptornoise level distance Ground Type noise level distance(dBA) @ (ft) (soft/hard) (dBA) @ (ft)Construction Activity Lmax85.0 @ 50 soft 12 5 0.60 49.1 @ 1200Construction Activity Leq86.0 @ 50 soft 12 5 0.60 50.1 @ 12000.660.660.660.660.660.660.660.660.660.660.660.66Notes:Sources:Computation of the ground factor is based on the equation presentd in Figure 6‐23 on pg. 6‐23 of FTA 2006, where the distance of the reference noise leve can be adjusted and the usage factor is not applied (i.e., the usage factor is equal to 1).Federal Transit Association (FTA). 2006 (May). Transit Noise and Vibration Impact Assessment. FTA‐VA‐90‐1003‐06. Washington, D.C. Available: <http://www.fta.dot.gov/documents/FTA_Noise_and_Vibration_Manual.pdf>. Accessed: September 24, 2010.STEP 1: Identify the noise source and enter the reference noise level (dBA and distance).STEP 2: Select the ground type (hard or soft), and enter the source and receiver heights.STEP 3: Select the distance to the receiver.Estimates of attenuated noise levels do not account for reductions from intervening barriers, including walls, trees, vegetation, or structures of any type.Computation of the attenuated noise level is based on the equation presented on pg. 12‐3 and 12‐4 of FTA 2006. Source Height (ft)Receiver Height (ft)Ground FactorAttenuation CharacteristicsReference Noise Level Operation Source Noise Prediction ModelLocationDistance to Nearest Receptor in feet EquipmentUsage Factor1Threshold 1,608Man Lift0.2Residence 11200Pickup Truck0.4Residence 21300Front End Loader0.4Ground TypeHARDSource Height12Receiver Height5Ground Factor20.00Predicted Noise Level 3Man Lift78.0Pickup Truck51.0Front End Loader76.0Sources:1 Obtained from the FHWA Roadway Construction Noise Model, January 2006. Table 1.2 Based on Figure 6‐5 from the Federal Transit Noise and Vibration Impact Assessment, 2006 (pg 6‐23). 3 Based on the following from the Federal Transit Noise and Vibration Impact Assessment, 2006 (pg 12‐3). Leq(equip) = E.L.+10*log (U.F.) ‐ 20*log (D/50) ‐ 10*G*log (D/50) Where: E.L. = Emission Level;U.F.= Usage Factor;G = Constant that accounts for topography and ground effects (FTA 2006: pg 6‐23); andD = Distance from source to receiver.52.580Reference Emission Noise Levels (Lmax) at 50 feet15580Combined Predicted Noise Level (Leq dBA)50.0Combined Predicted Noise Level (Leq dBA at 50 feet)Leq dBA at 50 feet38551.8 Attenuation Calculations for Stationary Noise SourcesKEY:Orange cells are for input.Grey cells are intermediate calculations performed by the model.Green cells are data to present in a written analysis (output).Noise Source/IDAttenuated Noise Level at Receptornoise level distance Ground Type noise level distance(dBA) @ (ft) (soft/hard) (dBA) @ (ft)Construction Activity Lmax85.0 @ 50 hard 12 5 0.00 57.4 @ 1200Construction Activity Leq80.0 @ 50 hard 12 5 0.00 52.4 @ 12000.660.660.660.660.660.660.660.660.660.660.660.66Notes:Sources:Computation of the ground factor is based on the equation presentd in Figure 6‐23 on pg. 6‐23 of FTA 2006, where the distance of the reference noise leve can be adjusted and the usage factor is not applied (i.e., the usage factor is equal to 1).Federal Transit Association (FTA). 2006 (May). Transit Noise and Vibration Impact Assessment. FTA‐VA‐90‐1003‐06. Washington, D.C. Available: <http://www.fta.dot.gov/documents/FTA_Noise_and_Vibration_Manual.pdf>. Accessed: September 24, 2010.STEP 1: Identify the noise source and enter the reference noise level (dBA and distance).STEP 2: Select the ground type (hard or soft), and enter the source and receiver heights.STEP 3: Select the distance to the receiver.Estimates of attenuated noise levels do not account for reductions from intervening barriers, including walls, trees, vegetation, or structures of any type.Computation of the attenuated noise level is based on the equation presented on pg. 12‐3 and 12‐4 of FTA 2006. Source Height (ft)Receiver Height (ft)Ground FactorAttenuation CharacteristicsReference Noise Level Traffic Noise Spreadsheet Calculator Project: Darling Ingredients, Inc. Rendering Facility ‐ ExistingNoise Level Descriptor:LdnSite Conditions:SoftTraffic Input:PeakTraffic K‐Factor:10Ldn, Number Name From To (mph) Near Far % Auto % Medium % Heavy % Day % Eve % Night(dBA)5,6,770 dBA 65 dBA 60 dBA 55 dBAExisting Conditions1 S. Cornelia Avenue W. Church Avenue W. Jensen Avenue1,24045 38 38 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 682 S. Cornelia Avenue W. Jensen Avenue Project Driveway1,32045 177 177 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 593 W. Jensen Avenue Project Driveway S. Cornelia Avenue3,74045 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 674 W. Jensen Avenue S. Cornelia Avenue S. Brawley Avenue4,14045 25 25 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 765 W. Jensen Avenue S. Brawley Avenue S. Marks Avenue5,20045 20 20 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 796 W. Jensen Avenue S. Marks Avenue S. West Avenue5,37045 80 80 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 707 W. Jensen Avenue S. West Avenue S. Fruit Avenue5,54045 75 75 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 708 S. Brawley Avenue W. Church Avenue W. Jensen Avenue92045 25 25 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 709 S. Brawley Avenue W. Jensen Avenue W. North Avenue43045 20 20 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6810 S. Marks Avenue W. Church Avenue W. Jensen Avenue2,23035 45 45 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6711 S. Marks Avenue W. Jensen Avenue W. North Avenue1,41035 38 38 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6612 S. West Avenue W. Church Avenue W. Jensen Avenue61035 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 5613 S. West Avenue W. Jensen Avenue W. North Avenue46035 35 35 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6235 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%*All modeling assumes average pavement, level roadways (less than 1.5% grade), constant traffic flow and does not account for shielding of any type or finite roadway adjustments. All levels are reported as A‐weighted noise levels.14328730768 146365 787Segment Description and Location30 138Peak Hour Volume64173 3733587779 17080296309618662770671331431661285431626627 5912 25InputSpeed Traffic Distribution CharacteristicsOutputDistance to Contour, (feet)3Distance to Directional Centerline, (feet)411610 21 45 9627520 44 94 20280424 52 113 24315 32 Traffic Noise Spreadsheet Calculator Project: Darling Ingredients, Inc. Rendering Facility ‐ Existing + ProjectNoise Level Descriptor:LdnSite Conditions:SoftTraffic Input:PeakTraffic K‐Factor:10Ldn, Number Name From To (mph) Near Far % Auto % Medium % Heavy % Day % Eve % Night(dBA)5,6,770 dBA 65 dBA 60 dBA 55 dBAExisting Conditions1 S. Cornelia Avenue W. Church Avenue W. Jensen Avenue1,25045 38 38 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 682 S. Cornelia Avenue W. Jensen Avenue Project Driveway1,53045 177 177 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 593 W. Jensen Avenue Project Driveway S. Cornelia Avenue4,00045 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 674 W. Jensen Avenue S. Cornelia Avenue S. Brawley Avenue4,59045 25 25 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 775 W. Jensen Avenue S. Brawley Avenue S. Marks Avenue5,64045 20 20 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 796 W. Jensen Avenue S. Marks Avenue S. West Avenue5,79045 80 80 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 707 W. Jensen Avenue S. West Avenue S. Fruit Avenue5,95045 75 75 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 718 S. Brawley Avenue W. Church Avenue W. Jensen Avenue93045 25 25 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 709 S. Brawley Avenue W. Jensen Avenue W. North Avenue44045 20 20 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6810 S. Marks Avenue W. Church Avenue W. Jensen Avenue2,24035 45 45 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6711 S. Marks Avenue W. Jensen Avenue W. North Avenue1,42035 38 38 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6612 S. West Avenue W. Church Avenue W. Jensen Avenue62035 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 5613 S. West Avenue W. Jensen Avenue W. North Avenue46035 35 35 97.0% 2.0% 1.0% 80.0% 15.0% 5.0% 6235 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%35 100 100 97.0% 2.0% 1.0% 80.0% 15.0% 5.0%*All modeling assumes average pavement, level roadways (less than 1.5% grade), constant traffic flow and does not account for shielding of any type or finite roadway adjustments. All levels are reported as A‐weighted noise levels.10 21 45 9620 44 94 20312 25 54 11715 32 69 14828 59 128 27684 182 391 84324 53 114 24581 175 378 81383 178 384 82871 153 329 70930 64 138 29834 73 158 341Segment Description and LocationDistance to Contour, (feet)365 139 300 647Input OutputPeak Hour VolumeSpeedDistance to Directional Centerline, (feet)4Traffic Distribution Characteristics Appendix C SJVAPCD Best Performance Standards Example Appendix D Traffic Study Submitted by: 1001 K Street, 3rd Floor Sacramento, CA 95814 Prepared for: City of Fresno June 2017 Darling Ingredients Inc. Transportation Impact Analysis Draft Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 Table of Contents CHAPTER 1. INTRODUCTION ................................................................................................................. 1 Study Area .............................................................................................................................................................................. 1 Analysis Methodology ....................................................................................................................................................... 2 Travel Demand Forecasting ..................................................................................................................................... 2 Traffic Operations ........................................................................................................................................................ 2 Analysis Assumptions and Methodology Limitations ................................................................................... 5 Regulatory Setting ............................................................................................................................................................... 6 Significance Criteria ............................................................................................................................................................ 8 CHAPTER 2. EXISTING CONDITIONS ................................................................................................... 11 Travel Characteristics ....................................................................................................................................................... 11 Roadway Network ............................................................................................................................................................ 12 Traffic Operations ............................................................................................................................................................. 13 CHAPTER 3. PROJECT ANALYSIS ......................................................................................................... 16 Project Description ........................................................................................................................................................... 16 Trip Generation .................................................................................................................................................................. 16 Trip Distribution ................................................................................................................................................................ 17 Traffic Forecasts ................................................................................................................................................................. 18 CHAPTER 4. MITIGATION MEASURES ................................................................................................. 19 TECHNICAL APPENDIX ................................................................................................................................ 23 Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 List of Tables Table 1: intersection Level of Service Criteria ............................................................................................................................ 2 Table 2: Roadway Functional Class and Peak Hour LOS Thresholds ............................................................................... 4 Table 3: Peak Hour Intersection Level of Service – Existing Conditions ...................................................................... 13 Table 4: Peak Hour Roadway Segment Level of Service – Existing Conditions ........................................................ 14 Table 5: Proposed Project Employee and Truck Trip Generation ................................................................................... 17 Table 6: Project Trip Distribution ................................................................................................................................................. 17 Table 11: Peak Hour Intersection Level of Service – Cumulative Plus Project Conditions (Mitigated) ............ 20 Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 1 CHAPTER 1. INTRODUCTION This study analyzes the potential impacts to the transportation system associated with the proposed relocation of the Darling facility from its current location on Belgravia Avenue to a new location on about 35 to 50 acres near the City’s wastewater treatment plan. The impact analysis examines the roadway, transit, bicycle, pedestrian, rail, and aviation components of the transportation system. The technical analysis contained in this report will form the basis of the transportation chapter for the Environmental Impact Report (EIR) and includes traffic operations of the roadway segments within the study area. This report also evaluates policy impacts related to air traffic patterns, hazards, emergency access, transit, bicycle, and pedestrian facilities. The study identifies mitigation measures to address project impacts where appropriate. The methodologies used in this study comply with applicable California Environmental Quality Act (CEQA) guidelines and requirements. This study analyzes the following scenarios: ► Existing Conditions Analysis – The existing and existing plus project analyses are used to identify impacts directly related to the development of the proposed project. Existing roadway operations were analyzed using roadway geometrics as observed in Spring 2017 and traffic volumes obtained in May 2017. ► Cumulative Conditions Analysis – The Cumulative Conditions scenario analyzes the proposed project’s effects on transportation when viewed in connection with the effects of reasonably foreseeable future projects. Outside of the City of Fresno sphere-of-influence (SOI), the analysis uses a the Fresno Council of Governments (Fresno COG) 2035 population and employment forecasts as land use inputs for future development in the region. The analysis also includes reasonably foreseeable roadway network changes consistent with the City of Fresno General Plan. STUDY AREA The study area was developed with input from the City of Fresno and includes the following roadway segments and their intersections: ► Jensen Avenue (Project Access to Fruit Avenue) ► Cornelia Avenue (Church Avenue to North Avenue) ► Brawley Avenue (Church Avenue to North Avenue) ► Marks Avenue (Church Avenue to North Avenue) ► West Avenue (Church Avenue to North Avenue) Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 2 ANALYSIS METHODOLOGY TRAVEL DEMAND FORECASTING This study uses a modified version of the Fresno COG regional travel demand forecasting (TDF) model used for the City of Fresno General Plan Update. All traffic volume forecasts were adjusted, using the difference method, to account for the difference between existing counts and the base year model forecasts. TRAFFIC OPERATIONS The analysis of traffic operations was conducted for roadway segments and their intersections. Study Intersections Traffic operations at the study intersections were analyzed using procedures and methodologies contained in the Highway Capacity Manual (HCM), Transportation Research Board, 2010. These methodologies were applied using Synchro software package (Version 9), developed by Trafficware. Table 1 displays the delay range associated with each LOS category for signalized and unsignalized intersections based on the HCM. TABLE 1: INTERSECTION LEVEL OF SERVICE CRITERIA Level of Service Average Control Delay [seconds/vehicle] Description Signalized Stop Controlled A < 10.0 < 10.0 Very low delay. At signalized intersections, most vehicles do not stop. B 10.1 to 20.0 10.1 to 15.0 Generally good progression of vehicles. Slight delays. C >20.1 to 35.0 >15.1 to 25.0 Fair progression. At signalized intersections, increased number of stopped vehicles. D >35.1 to 55.0 >25.1 to 35.0 Noticeable congestion. At signalized intersections, large portion of vehicles stopped. E >55.1 to 80.0 >35.1 to 50.0 Poor progression. High delays and frequent cycle failure. F >80.0 >50.0 Oversaturation. Forced flow. Extensive queuing. Source: Highway Capacity Manual (Transportation Research Board, 2010) The HCM methodology determines the level of service (LOS) at signalized intersections by comparing the average control delay (i.e. delay resulting from initial deceleration, queue move-up time, time actually stopped, and final acceleration) per vehicle at the intersection to the established thresholds. The LOS for traffic signal controlled and all-way stop controlled intersections is based on the average control delay for the entire intersection. For side-street stop-controlled intersections, the LOS is evaluated separately for each individual movement with delay reported for the critical (i.e., worst case) turning movement. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 3 Study Roadway Segments Roadway segment traffic operations was conducted using the roadway segment analysis methodology applied for the City’s General Plan update. Traffic volumes on the study roadway segments are used to determine the overall usage and congestion. Note that the roadway segment analysis is based on traffic counts taken at a single location, which was intended to be representative of the entire segment. A link connects two intersections; a segment is a series of links. The segments used in this analysis were developed based on where a series of links had common physical and traffic conditions. Typically, intersection operations control the perception of drivers on a roadway facility, since drivers experience delay at intersections. Traffic operations on the study roadway segments were measured using a qualitative measure called level of service (LOS). LOS is a general measure of traffic operating conditions whereby a letter grade, from A (the best) to F (the worst), is assigned. These grades represent the perspective of drivers and are an indication of the comfort and convenience associated with driving, as well as speed, travel time, traffic interruptions, and freedom to maneuver. The LOS grades are generally defined as follows: ► LOS A represents free-flow travel with an excellent level of comfort and convenience and the freedom to maneuver. ► LOS B has stable operating conditions, but the presence of other road users causes a noticeable, though slight, reduction in comfort, convenience, and maneuvering freedom. ► LOS C has stable operating conditions, but the operation of individual users is substantially affected by the interaction with others in the traffic stream. ► LOS D represents high-density, but stable flow. Users experience severe restriction in speed and freedom to maneuver, with poor levels of comfort and convenience. ► LOS E represents operating conditions at or near capacity. Speeds are reduced to a low but relatively uniform value. Freedom to maneuver is difficult with users experiencing frustration and poor comfort and convenience. Unstable operation is frequent, and minor disturbances in traffic flow can cause breakdown conditions. ► LOS F is used to define forced or breakdown conditions. This condition exists wherever the volume of traffic exceeds the capacity of the roadway. Long queues can form behind these bottleneck points with queued traffic traveling in a stop-and-go fashion. The LOS was calculated for each study roadway segment to evaluate the quality of traffic conditions. LOS was determined by comparing traffic volumes for each roadway segments, incorporating roadway functional classification, and number of travel lanes, presence of two-way left-turn lanes with peak hour LOS capacity thresholds. These thresholds are shown in Table 2 and were calculated based on the methodology contained in the Highway Capacity Manual (HCM) (Transportation Research Board 2000). The HCM methodology is the prevailing measurement standard used throughout the United States and is recommended for use in the City of Fresno Traffic Impact Study Report Guidelines (2009). In addition to LOS, the ratio of volume-to-capacity is also provided. The volume-to-capacity ratio is provided for Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 4 information purposes to provide the reader with a general sense of how close the peak hour traffic volume on a subject roadway segment is to the assigned capacity of the roadway. A volume-to-capacity ration of 1.00 would signify a roadway at capacity. TABLE 2: ROADWAY FUNCTIONAL CLASS AND PEAK HOUR LOS THRESHOLDS Functional Class Median Lanes Peak Hour Level of Service Capacity Thresholds A B C D E Freeway N/A1 4 2,720 4,460 6,630 7,720 8,630 3+Aux2 2,360 3,860 5,640 6,730 7,530 3 2,000 3,270 4,660 5,740 6,430 2+Aux 1,650 2,700 3,850 4,760 5,340 2 1,300 2,130 3,050 3,790 4,260 State Expressway Divided 6 2,410 3,960 5,730 7,450 8,450 4 1,610 2,650 3,810 4,960 5,630 2 810 1,340 1,890 2,470 2,810 City Expressway Raised Median 6 1,860 6,170 6,520 5 1,520 5,110 5,430 4 1,180 4,050 4,340 2 520 1,910 2,160 Super Arterial Raised Median 6 4,910 6,240 5 4,040 5,195 4 3,170 4,150 Arterial Raised Median 8 2,120 7,070 7,490 6 1,560 5,270 5,610 5 1,280 4,370 4,670 4 1,000 3,470 3,730 3 720 2,555 2,795 2 440 1,640 1,860 TWLTL 4 940 3,290 3,550 2 420 1,550 1,760 Undivided 4 770 2,740 2,980 2 340 1,270 1,480 Collector TWLTL 4 940 3,290 3,550 2 420 1,550 1,760 Undivided 4 770 2,740 2,980 2 340 1,270 1,480 One-Way Undivided 3 1,960 2,240 2,430 2,610 2 1,250 1,490 1,620 1,740 1 550 740 800 870 Rural State Highway Undivided 2 310 570 1,020 1,730 2,470 Rural Arterial Divided 4 1,950 3,580 3,780 Undivided 2 570 1,230 1,310 Rural Collector/Local Undivided 2 700 930 1,000 Notes: 1 N/A – Not applicable for operational class 2 Aux – Auxiliary Lane – LOS is not achievable because of type of facility. Source: Fehr & Peers 2012. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 5 ANALYSIS ASSUMPTIONS AND METHODOLOGY LIMITATIONS Key assumptions made in the process of this study include: ► Existing traffic counts collected in May 2017 and are representative of existing conditions and included passenger cars and light trucks, and heavy vehicles. The share of heavy vehicles entering the study intersections is outlined below for AM and PM peak hour conditions: Intersection With Jensen Avenue AM PM Cornelia Avenue 21% 6% Brawley Avenue 25% 5% Marks Avenue 10% 5% West Avenue 12% 5% Travel Demand Forecasting Limitations As noted earlier, this study uses a modified version of the Fresno COG regional travel demand forecasting (TDF) model used for the City of Fresno General Plan Update, which was calibrated and validated for the that analysis. While this makes the TDF model the most valid and capable tool for forecasting future traffic volumes, the TDF model has some limitations in its application for this study. For example, the model was designed to model traffic for regional air quality conformity, and typically only includes the regional roadway network within Fresno County. The TDF model does not included roadway network and traffic analysis zone detail in adjacent counties like Madera County, Merced County, San Benito County, Kings County, and Tulare County. Refinements to the traffic model’s traffic analysis zone connections to the roadway network were made to better model development access and traffic assignment. In addition, local roadways were added to the model within the project study area to be able to generate future travel forecasts. While the model was calibrated and is able to closely replicate existing roadway segment volumes, the model is more limited in its ability to forecast subtle differences in the operational characteristics of the transportation system. With multiple routes available, drivers may choose to use different routes for the same trip depending on traffic signal progression, congestion, and individual preferences. While the model accounts for segment level congestion, it is more limited in its ability to directly account for changes in routes due to signal operations, merge, diverge, and weaving op erations at freeway interchanges, and driver preferences. To account for some of these limitations, this study uses a process known as the “difference method” to develop traffic volume forecasts. This approach adjusts raw model volume forecasts by adding the forecasted incremental growth from the TDF model to the existing traffic counts. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 6 Traffic Operations Limitations This study uses analysis methodologies that are consistent with the City of Fresno’s Traffic Impact Study Report Guidelines (2009). However, the roadway segment methodology has certain limitations. For example, while the development of the roadway segment capacity thresholds in Table 2 considered corridor level inputs specific to City of Fresno roadways, such as median type, signal density, and signal cycle length for arterial-level facilities, segment-level analysis does not account for the full effect of subtle operational characteristics of the corridor operations like vehicle queuing that may occur due to a queue spilling out of or blocking a turn pocket at an intersection or vehicle queues spilling back from adjacent intersections or operations of arterial-level facilities with freeway facilities at interchange locations. In addition, this methodology does not consider the potential impact on walking, bicycling, and transit. Pedestrians, bicyclists, and transit riders are all users of the roadway system but may not be fully recognized in the traffic operations analysis and the calculation of LOS. The LOS thresholds in Table 2 are based on driver’s comfort and convenience. Identifying the need for roadway improvements based on the resulting roadway LOS can have unintended impacts to other modes such as increasing the walking time for pedestrians. In evaluating the roadway system, a lower vehicle LOS may be desired when balanced against other community values related to resource protection, social equity, economic development, and consideration of pedestrians, bicyclists, and transit users. To address some of these limitations, peak hour intersection operations are also conducted. REGULATORY SETTING This section summarizes the transportation policies, laws, and regulations that apply to the proposed project. This information provides context for the impact discussion related to the project’s consistency with applicable regulatory conditions. Further, this study identifies impacts to traffic operations by comparing roadway LOS analysis results against LOS policies set forth by the City of Fresno. Federal Plans, Policies, Regulations, Laws No federal plans, policies, regulations or laws pertaining to transportation are applicable. State Plans, Policies, Regulations, and Laws Senate Bill 743 On September 27, 2013, Governor Brown signed Senate Bill 743 (SB 743), which made several changes to the California Environmental Quality Act (CEQA) for project located in areas served by transit. The changes direct the Governor’s Office of Planning and Research (OPR) to develop a new approach for analyzing the transportation impacts under CEQA, which may eliminated vehicle delay and level of service as CEQA impacts for many parts of California. SB 743 also creates a new exemption for certain projects that are consistent with a Specific Plan and, eliminates the need to evaluate aesthetic and parking impacts of a project, in some circumstances. The guidelines will likely go into effect in late 2017/early 2018 after the Natural Resource Agency completes its rulemaking process, unless OPR elects to allow an opt-in period of one to two years. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 7 City of Fresno The City of Fresno provides for the mobility of people and goods within the city. City of Fresno 2035 General Plan The City of Fresno adopted the Fresno General Plan in December 2014 as an update to the previous 2002 Fresno General Plan. The Fresno General Plan serves as the community’s guide for the continued development, enhancement, and revitalization of the Fresno metropolitan area. The General Plan includes the following policies related to transportation and circulation that are relevant to this analysis: ► MT-2-i: Transportation Impact Studies. Require a Transportation Impact Study (currently named Traffic Impact Study) to assess the impacts of new development projects on existing and planned streets for projects meeting one or more of the following criteria, unless it is determined by the City Traffic Engineer that the project site and surrounding area already has appropriate multi-modal infrastructure improvements.  When a project includes a General Plan amendment that changes the General Plan Land Use Designation.  When the project will substantially change the off-site transportation system (auto, transit, bike or pedestrian) or connection to the system, as determined by the City Traffic Engineer.  Transportation impact criteria are tiered based on a project’s location within the City’s Sphere of Influence. This is to assist with areas being incentivized for development. The four zones, as defined on Figure MT-4, are listed below. The following criteria apply: o Traffic Impact Zone I (TIZ-I): TIZ-I represents the Downtown Planning Area. Maintain a peak hour LOS standard of F or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. o Traffic Impact Zone II (TIZ-II): TIZ-II generally represents areas of the City currently built up and wanting to encourage infill development. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. o Traffic Impact Zone III (TIZ-III): TIZ-III generally represents areas near or outside the City Limits but within the SOI as of December 31, 2012. Maintain a peak hour LOS standard Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 8 of D or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 100 or more peak hour new vehicle trips. o Traffic Impact Zone IV (TIZ-IV): TIZ-IV represents the southern employment areas within and planned by the City. Maintain a peak hour LOS standard of E or better for all intersections and roadway segments. A TIS will be required for all development projected to generate 200 or more peak hour new vehicle trips. City of Fresno Traffic Impact Study Report Guidelines The City of Fresno’s Traffic Impact Study Report Guidelines establish general procedures and requirements for the preparation of traffic impact studies associated with development within the city. The guidelines are intended to be a checklist to ensure regular study items are not missed, but are not intended to be prescriptive to the point of eliminating professional judgment. The guidelines include the preferred traffic analysis methodologies, significance criteria, and documentation requirements. This study is conducted using the preferred analysis methodologies and significance criteria as outlined in the guidelines. City of Fresno Bicycle Active Transportation Plan The City of Fresno Active Transportation Plan (ATP) is a comprehensive guide outlining the vision of active transportation in the City of Fresno, and a roadmap for achieving that vision. County of Fresno 2000 General Plan The County of Fresno 2000 General Plan includes the following policy related to transportation and circulation that are relevant to this analysis: ► Policy TR-A.2: The County shall plan and design its roadway system in a manner that strives to meet Level of Service (LOS) D on urban roadways within the spheres of influence of the cities of Fresno and Clovis and LOS C on all other roadways in the county. SIGNIFICANCE CRITERIA In accordance with CEQA, the effects of a project are evaluated to determine if they will result in significant adverse impact on the environment. The criteria used to determine the significance of an impact to transportation and traffic are based on the Environmental Checklist in Appendix G of the State CEQA Guidelines. Accordingly, transportation and traffic impacts resulting from the proposed project are considered significant through application of the following thresholds of significance. a) 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 non-motorized travel and relevant components of the circulation system, including Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 9 but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) 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? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? As allowed with the passage of CA Assembly Bill 2419 (Bowler), the Fresno COG Policy Board rescinded the Congestion Management Program on September 25, 1997 at the request of the local member agencies. Therefore, no roadway segment in Fresno is identified in a county congestion management program. This issue will not be discussed further in this EIR. City of Fresno The proposed project is located in TIZ III as defined by Policy MT-2-1 of the City of Fresno General Plan. Therefore, the project would cause a significant impact to the roadway system if it would result in the following conditions: ► Cause a roadway segment operating at LOS D or better to operate at LOS E or worse Transit, Bicycle, and Pedestrian Facilities The City of Fresno Traffic Impact Study Report Guidelines do not currently have thresholds for impacts on transit, bicycle, and pedestrian facilities. For purposes of this study, the project would cause a significant impact to the transit system, bicycle network, and/or pedestrian facilities if it would: ► Disrupt or interfere with existing or planned public transit services or facilities ► Create an inconsistency with policies concerning transit systems set forth in the City of Fresno General Plan or other applicable adopted policy document ► Disrupt or interfere with existing or planned bicycle/pedestrian facilities ► Result in unsafe conditions for pedestrians, including unsafe pedestrian/bicycle or pedestrian/vehicle conflicts Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 10 ► Result in unsafe conditions for bicycles, including unsafe bicycle/pedestrian or bicycle/vehicle conflicts ► Create an inconsistency with policies related to bicycle or pedestrian systems set forth in the City of Fresno General Plan, the City of Fresno Bicycle, Pedestrian, and Trails Master Plan, or other applicable adopted policy document County of Fresno The County of Fresno 2000 General Plan Policy TR-A.2 states that the County shall plan and design its roadway system in a manner that strives to meet LOS D on urban roadways within the spheres of influence of the cities of Fresno and Clovis and LOS C on all other roadways in the county. The affected County roadways are not located within an urban area; therefore, the project would cause a significant impact to the roadway system if it would result in the following conditions: ► Cause a roadway segment operating at LOS C or better to operate at LOS D or worse Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 11 CHAPTER 2. EXISTING CONDITIONS This chapter describes the existing travel characteristics and the condition of the roadway, transit, bicycle and pedestrian systems, goods movement, and aviation in the study area. This study uses the existing conditions as the baseline to measure the potential impacts of proposed project. TRAVEL CHARACTERISTICS The City of Fresno is the fifth-largest city in California with a population of about 500,100 in 2011. Fresno County has a population of 940,220 people making it the tenth-largest county in the state and is expected to reach 1.1 million people by 2020 (City of Fresno 2012). Located in the California’s San Joaquin Valley, Fresno is equidistance from the major population centers in Northern and Southern California with easy access to the California Central Coast and Sierra Nevada. The 2000-2001 California Household Travel Survey provides information on residents travel patterns including the purpose and method of travel in Fresno County. For convenience, travel survey responses are grouped into the following three general categories: ► Home-Based Work: Trips may begin or end at a residence and represent travel between a residence and place of work. ► Home-Based Other: Trips may begin or end at a residence and include school trips, shopping trips, or trips for recreation. ► Non-Home-Based: Trips do not begin or end at a residence. These trips would include a trip from work to a restaurant during lunch According to the 2000-2001 California Household Travel Survey, Home-Based Work trips account for 20 percent of trips. In general, Home-Based Work trips occur during the morning and evening commute periods and are predominately made by automobile. There is less flexibility in the departure and arrival time for work trips, due to traditional work schedules. Other trip purposes account for about 80 percent of travel and are more evenly distributed throughout the day. Most residents traveled from home to work by automobile (about 98 percent) with about 15 percent of those being shared ride (i.e., carpool) trips. Shared ride, transit, walk, and bike trips were significantly higher for non-work trips (Home-Based Other and Non-Home-Based purposes). The average weekday person trip length for Home-Based Work was about 20 minutes compared to Home- Based Other trips (15 minutes), and Non-Home-Based trips (16 minutes). On average, non-work trips are about 30 percent shorter than work trips and have a higher percentage of transit walk and bike use. This is reasonable given trip purpose, trip scheduling flexibility, and proximity of trip origin and trip destination. The 2000-2001 California Household Travel Survey also shows that about 12 percent of Fresno County households did not have access to a vehicle and therefore are dependent on transit, walking, and bicycling for mobility. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 12 ROADWAY NETWORK The roadway network in the city is generally a traditional grid-based network of north/south and east/west streets. Nearly every major street in the Fresno metropolitan area is regularly spaced at half-mile intervals. The grid system provides high levels of accessibility (i.e., travel choices) for travelers. The study facilities are listed below: Intersections ► Jensen Avenue/Cornelia Avenue ► Jensen Avenue/Brawley Avenue ► Jensen Avenue/Marks Avenue ► Jensen Avenue/West Avenue Roadway Segments ► Jensen Avenue – Project Access to Cornelia Avenue ► Jensen Avenue – Cornelia Avenue to Brawley Avenue ► Jensen Avenue – Brawley Avenue to Marks Avenue ► Jensen Avenue – Marks Avenue to West Avenue ► Jensen Avenue – West Avenue to Fruit Avenue ► Cornelia Avenue – Church Avenue to Jensen Avenue ► Cornelia Avenue – Jensen Avenue to North Avenue ► Brawley Avenue – Church Avenue to Jensen Avenue ► Brawley Avenue – Jensen Avenue to North Avenue ► Marks Avenue – Church Avenue to Jensen Avenue ► Marks Avenue – Jensen Avenue to North Avenue ► West Avenue – Church Avenue to Jensen Avenue ► West Avenue – Jensen Avenue to North Avenue Roadway Characteristics All of the study roadways outlined above are two lanes. Except for Jensen Avenue, which is classified as an arterial, all of the other study roadways are collectors with 55 mile per hour posted speed limits. Jensen Avenue has striped and paved shoulders, while Cornelia Avenue, Brawley Avenue, Marks Avenue, and West Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 13 Avenue do not. All of the study intersection have side-street stop control with Jensen Avenue being the uncontrolled facility. TRAFFIC OPERATIONS Table 3 summarizes existing conditions AM and PM peak hour Level of Service (LOS) for the study intersections. As shown, all of the study intersections will operate acceptably at LOS C or better during both the AM and PM peak hours. TABLE 3: PEAK HOUR INTERSECTION LEVEL OF SERVICE – EXISTING CONDITIONS Intersection Traffic Control LOS / Delay (seconds) AM PM 1. Jensen Avenue/Cornelia Avenue SSSC A (B) / 3 (12) A (B) / 4 (14) 2. Jensen Avenue/Brawley Avenue SSSC A (B) / 4 (12) A (B) / 2 (13) 3. Jensen Avenue/Marks Avenue SSSC A (B) / 4 (14) A (C) / 5 (16) 4. Jensen Avenue/West Avenue SSSC A (B) / 1 (12) A (B) / 1 (13) Notes: SSSC = side-street stop control Source: Fehr & Peers, 2017 The AM and PM peak hour intersection turning movement traffic volumes used for the analysis presented in Table 3 are included in the technical appendix. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 14 Table 4 summarizes existing conditions AM and PM peak hour Level of Se rvice (LOS) for the study roadways. As shown, all of the study roadways will operate at LOS D or better during both the AM and PM peak hours. The County roadway segments, which includes Cornelia Avenue and Brawley Avenue, will operate acceptably at LOS C. Compared to the intersection analysis results, the roadway segment analysis results in more conservative (i.e., on the high side) LOS, given that drivers perception of travel and delay while traveling along the study corridor are heavily influenced by conditions experience at the study intersections. TABLE 4: PEAK HOUR ROADWAY SEGMENT LEVEL OF SERVICE – EXISTING CONDITIONS Intersection Volume Lanes Existing AM PM AM PM VC LOS VC LOS Jensen Avenue Project Access to Cornelia Avenue 257 337 2 0.17 C 0.23 C Cornelia Avenue to Brawley Avenue 268 373 2 0.18 C 0.25 D Brawley Avenue to Marks Avenue 427 468 2 0.29 D 0.32 D Marks Avenue to West Avenue 405 483 2 0.27 D 0.33 D West Avenue to Fruit Avenue 412 499 2 0.28 D 0.34 D Cornelia Avenue Church Avenue to Jensen Avenue 84 112 2 0.06 C 0.08 C Jensen Avenue to North Avenue 83 119 2 0.06 C 0.08 C Brawley Avenue Church Avenue to Jensen Avenue 93 83 2 0.06 C 0.06 C Jensen Avenue to North Avenue 71 39 2 0.05 C 0.03 C Marks Avenue Church Avenue to Jensen Avenue 168 201 2 0.11 C 0.14 C Jensen Avenue to North Avenue 96 127 2 0.06 C 0.09 C West Avenue Church Avenue to Jensen Avenue 44 55 2 0.03 C 0.04 C Jensen Avenue to North Avenue 25 41 2 0.02 C 0.03 C Notes: SSSC = side-street stop control Source: Fehr & Peers, 2017 Public Transportation Public transportation in the city consists of the following services and facilities: ► Public bus service ► Express bus service ► Demand-response paratransit ► Passenger rail service Fresno Area Express (FAX) is the predominant transit provider in the city. FAX runs 20 routs and provides over 17,000,000 annual passenger boardings, averaging about 41,000 passenger trips per day. The entire FAX system runs about 1,000 bus operations per day. Ridership trends in recent years have shown an Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 15 increase in the number of people using transit, which may be attributable to poor economic conditions and the rising cost of travel. Handy Ride is a demand-response service for seniors and persons with disabilities, as required by the Americans with Disabilities Act. This paratransit service serves up to 12,500 eligible individuals in the FAX service area and provided about 240,000 passenger rides in fiscal year 2010. The Fresno County Rural Transit Agency (FCRTA) and Amtrak also provide services for regional travel outside of the Fresno-Clovis Metropolitan Area. FCRTA provides service to many of the unincorporated communities in Fresno County such as Coalinga and Mendota (FCRTA 2012). The San Joaquin Line is one of Amtrak’s passenger rail services with connections between the San Joaquin Valley, the Sacramento Valley, the San Francisco Bay Area, and Los Angeles. Greyhound provides similar (more frequent) bus service to these regions. Bicycle and Pedestrian Circulation The city is generally flat, which provide a favorable environment for bicycling and walking as a mode of transportation. The City of Fresno ATP, which was completed in October 2016, provides regarding the City of Fresno’s bicycle and pedestrian circulation system. Except for an uncontrolled pedestrian crossing on the east leg of the Jensen Avenue/Valentine Avenue intersection, there are no designated bicycle and pedestrian facilities at the study intersections, which is consistent with the land use in the study area. A Class II bike lane is planned on Jensen Avenue and a Class I bike path is planned on Marks Avenue. In addition, sidewalks are planned on Jensen Avenue and West Avenue. In addition, the study area has a low bicycle and pedestrian index, as documented in the City of Fresno Active Transportation Plan (October 2016). This is an indication of a low level trips being made by walking and biking, but also consistent with the intensity of land use in the study area. As documented in the City of Fresno Active Transportation Plan (October 2016), the study area has a low bicycle and pedestrian index, Aviation The City of Fresno manages the Fresno Yosemite International Airport (FYI). The airport is located in northeast Fresno just southwest of Clovis in between Highways 168 and 180. There are two runways, each of which is 7,205 feet long and 100 feet wide. There are 174 aircraft based at FYI with an average of 371 daily aircraft operations in 2012. In 2011, the two runways served about 1.2 million passengers and airport officials expect that number to grow in the future. There are also two other general aviation airports (i.e., Chandler and Sierra Sky Park) and four heliports, including McCarthy Ranch, Community Regional Medical Center, Valley Medical Center, and PG&E Service Center in the city (AirNav 2012). Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 16 CHAPTER 3. PROJECT ANALYSIS This chapter presents the transportation analysis for existing plus project conditions. This scenario analyzes the impacts of the proposed project on existing conditions. PROJECT DESCRIPTION The proposed project includes a general plan amendment and rezone of land adjacent to the City of Fresno wastewater treatment plan to accommodate relocation of the existing Darling rendering facility, which is located at 795 W. Belgravia Avenue. The proposed project would be located approximately 4 miles west of the current facility. The proposed project would generally be located on the southwest corner of the Jensen Avenue/Cornelia Avenue intersection. As proposed, the project would employ up to 70 full-time employees that would work in three shifts with a maximum of 25 employees on site per shift. The facility would typically operate 24 hours per day, up to seven days per week. The project is anticipated to generate an average of 150 truck trips per day. The project would also include up to 36 parking spaces for employee and visitor parking. Project access is proposed on Jensen Avenue and Cornelia Avenue. The Jensen Avenue access will be for trucks and the Cornelia Avenue access will be for employees and visitors. TRIP GENERATION Table 5 summarizes daily, AM peak hour, and PM peak hour trip generation for the proposed project. Due to the unique characteristics of the project, we estimated trip generation based on the Darling Ingredients Inc. Operational Statement. As shown in Table 5, the proposed project is expected to generate about 273 trips per day with 36 trips occurring in the AM peak hour and 28 trips occurring in the PM peak hour. Truck trips are expected to represent about 55 percent of daily vehicle trips, 36 percent of AM peak hour trips, and 28 percent of PM peak hour trips. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 17 TABLE 5: PROPOSED PROJECT EMPLOYEE AND TRUCK TRIP GENERATION User Quantity1 Vehicle Occupancy [Persons/Vehicle]2 Vehicles per Day Trip Generation Daily3 Peak Hour4 Trucks per Day Employees AM PM Total In Out Total In Out Employee 70 1.14 61 123 23 17 6 21 9 12 Trucks 75 1.00 75 150 13 7 6 8 5 3 Total 136 273 36 24 12 28 14 15 Notes: 1 Source: Darling Ingredients Inc. Operation Statement 2 2000/2001 California Statewide Travel Survey - Average vehicle occupancy for Home-Based-Work trips. 3 Daily Vehicle trips were developed by multiplying total vehicles by two to account for vehicles entering and exiting the project. 4 Percent of daily vehicles and directional distribution occurring in AM and PM peak hours based on the Manufacturing land use category (ITE 140) from Trip Generation Manual, Institute of Transportation Engineers, 9th Edition. The percent of daily truck trips and directional distribution occurring in the AM and PM peak hours based on the Fontana Truck Trip Generation Study. Source: Fehr & Peers, 2017 TRIP DISTRIBUTION Table 6 summarizes the expected distribution of project trips. As shown, the distribution is expected to be different for employees and trucks. All trucks will use Jensen Avenue to access the project. However, employees will not be restricted and will likely use other routes to access the project, based on the origin of their trip. The distribution of employee trips was developed based on existing counts and the output for the modified version of the FresnoCOG travel forecasting model developed for the City of Fresno General Plan. TABLE 6: PROJECT TRIP DISTRIBUTION Roadway Travel To/From Each Roadway Employees Trucks North South East West North South East West Jensen Avenue - - 98%2 - - - 100% 100%3 Cornelia Avenue 1% 100% / 1%1 - - - - - - Brawley Avenue 1% 1% - - - - - - Marks Avenue 2% 2% - - - - West Avenue 1% 1% - - - - - - Notes: 1100 % of employee trips will use Cornelia Avenue and the project access. 1% of employee tips are forecast to use Cornelia Avenue south of the project access. 2Repersents percentage of employee trips just east of Jensen Avenue. 3Represents truck trips between the project access and Cornelia Avenue. Source: Fehr & Peers, 2017 Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 18 TRAFFIC FORECASTS Traffic volume forecasts for the project analysis scenarios under existing and cumulative conditions were developed by adding the project trip generation from Table 5 to the existing traffic counts and cumulative no project traffic volume forecasts, using the trip distribution for employee and truck trips shown in Table 6. As discussed previously, the cumulative traffic volume forecast were developed using the modified version of the Fresno COG regional travel demand forecasting (TDF) model developed for the City of Fresno General Plan Update. All traffic volume forecasts were adjusted, using the difference method, to account for the difference between existing counts and the base year model forecasts. In the study area, the General Plan includes widening of Jensen Avenue east of Marks Avenue from two to four lanes and widening of Marks Avenue from two to four lanes north of Jensen Avenue. Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 19 CHAPTER 4. MITIGATION MEASURES This chapter summarizes the potentially significant project-specific and cumulative impacts of the proposed project on the transportation system. Each impact is followed by a recommended mitigation measure to reduce the significance of identified impacts. This section evaluates the significance of project impacts based on the thresholds of significance and analysis results presented in previous chapters. Traffic Increase Impact 1: The project 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 non-motorized 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. This is a Significant Impact As outlined above, the addition of project trips would worsen unacceptable operations under cumulative conditions. Implementation of the following mitigation would result is acceptable operations: Jensen Avenue/Cornelia Avenue ► Install all-way stop control with the following lane configurations: o A shared left/through/right-turn lane on the northbound approach o A shared left/through/right-turn lane on the southbound approach o A shared left/through/right-turn lane on the eastbound approach o A shared left/through lane and a separate right-turn lane on the westbound approach Jensen Avenue/Brawley Avenue ► Install all-way stop control Jensen Avenue/Marks Avenue ► Install traffic signal control with protected left-turn phasing and the following lane configurations: o One left-turn and a shared through/right-turn lane on the northbound approach o Two left-turn lanes, one through lane, and one right-turn lane on the southbound approach o One left-turn and a shared through/right-turn lane on the eastbound approach o One left-turn lane, one through lane, and one right-turn lane on the westbound approach Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 20 The improvement options outlined above would need to be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Jensen Avenue/West Avenue ► Install traffic signal control with protected left-turn phasing and the following lane configurations: o One left-turn and a shared through/right-turn lane on the northbound approach o One left-turn and a shared through/right-turn lane on the southbound approach o One left-turn lane, one through lane, and a shared through/right-turn lane on the eastbound approach o One left-turn lane, one through lane, and a shared through/right-turn lane on the westbound approach The improvements outlined above would need to be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Since this impact occurs under cumulative conditions, the project would be responsible for its proportional share of the improvements identified above. At the discretion of the City of Fresno, fair share payment could occur in the form of payment of traffic impact fees, an ad-hoc fee payment, or construction of the improvement with reimbursement or fee credits. Table 11 summarizes intersection operations under cumulative conditions with the mitigation discussed above. TABLE 11: PEAK HOUR INTERSECTION LEVEL OF SERVICE – CUMULATIVE PLUS PROJECT CONDITIONS (MITIGATED) Jensen Avenue Intersection LOS / Delay (seconds) 1 Cumulative Plus Project Condition Cumulative Plus Project Condition (Mitigated) Traffic Control AM PM Traffic Control AM PM 1. Cornelia Avenue SSSC A (D) / 8 (27) B (F) / 12 (72) All-way Stop B / 14 C / 18 2. Brawley Avenue SSSC A (C) / 5 (23) A (F) / 7 (52) All-way Stop B / 14 C / 24 3. Marks Avenue (Option 1) SSSC F (F) / >180 (>180)F (F) / >180 (>180)Signal C / 32 C / 29 (Option 2) C / 35 C / 31 4. West Avenue SSSC F (F) / >180 (>180)F (F) / >180 (>180)Signal C / 26 C / 30 Notes: SSSC = side-street stop control, Bold indicates unacceptable operations 1For side-street stop controlled intersections, the delay and LOS for the most-delayed individual movement is shown in parentheses next to the average intersection delay and LOS. All results are rounded to the nearest second. Source: Fehr & Peers, 2017 Residual Significance: Less than Significant Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 21 Congestion Management Program Impact 2 The project would not conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. The passage of California Assembly Bill 2419 in 1996 allowed counties to “opt out” of the California Congestion Management Program, reference above, if a majority of local governments elected to exempt themselves from California’s congestion management plans. On September 25, 1997, the Fresno COG Policy Board rescinded the Fresno County Congestion Management Program at the request of the local member agencies. Therefore, this impact criteria is not applicable and this impact is less than significant. Residual Significance: Less than Significant Air Traffic Patterns Impact 3 The project would not 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. Residual Significance: Less than Significant Hazards Impact 4 The project would not substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Implementation of the project under existing conditions would not impact study roadway or intersection operation, based on established significance criterial. In addition, the mitigation discussed under Impact 1, would improve operations for non-project traffic under cumulative conditions. Residual Significance: Less than Significant Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 22 Emergency Access Impact 5 The project would not result in inadequate emergency access The project include two access locations. One access on Jensen Avenue for trucks and one access on Cornelia Avenue for employees and visitors. In addition, the project will be constructed based on prevailing design standards related to roadway infrastructure. Residual Significance: Less than Significant Conflict with Alternative Transportation Impact 6 The project would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Residual Significance: Less than Significant Draft – Transportation Impact Analysis Darling Ingredients Inc. June 2017 23 TECHNICAL APPENDIX Existing AM Peak Hour41212693 89 133 14611 36 6 7 5 25 27 5 30 35 31 9 8 6 8 43 9 24 5 9 17 15 8 30 7 30 6 7 1 9 5 Jensen Ave139 147 218 2432190Cornelia AveBrawley AveMarks AveWest Ave Existing PM Peak Hour617251493 125 170 2094 21 2 10 10 18 10 1 26 39 18 2 12 9 9 322 5 57 24 11 0 17 4 24 12 58 9 3 7 10 5 Jensen Ave211 188 205 2252043Cornelia AveBrawley AveMarks AveWest Ave Existing + Project AM Peak Hour412126100 112 156 16811 36 6 24 5 25 27 5 30 35 31 9 8 6 8 43 9 24 11 9 17 15 8 30 7 30 6 7 1 9 5 Jensen Ave145 159 230 2542190Cornelia AveBrawley AveMarks AveWest Ave Existing + Project PM Peak Hour617251498 139 183 2224 21 2 19 10 18 10 1 26 39 18 2 12 9 9 322 5 57 36 11 0 17 4 24 12 58 9 3 7 10 5 Jensen Ave214 203 219 2392043Cornelia AveBrawley AveMarks AveWest Ave Cumulative AM Peak Hour10 20 140 90210 190 220 45020 70 100 10 10 30 30 10 40 250 280 40 20 80 100 1010 10 30 10 80 20 20 10 40 20 300 30 40 100 150 10 Jensen Ave270 290 340 102010 10 40 180Cornelia AveBrawley AveMarks AveWest Ave Cumulative PM Peak Hour230 60 270 150310 440 460 101010 30 10 10 90 20 10 10 30 310 170 20 30 150 150 1030 10 120 30 50 40 50 10 30 70 330 20 10 200 130 10 Jensen Ave380 310 310 59010 10 20 130Cornelia AveBrawley AveMarks AveWest Ave Cumulative + Project AM Peak Hour10 20 140 90217 213 243 47220 70 100 27 10 30 30 10 40 250 280 40 20 80 100 1010 10 30 16 80 20 20 10 40 20 300 30 40 100 150 10 Jensen Ave276 302 352 103110 10 40 180Cornelia AveBrawley AveMarks AveWest Ave Cumulative + Project PM Peak Hour230 60 270 150315 454 473 102310 30 10 19 90 20 10 10 30 310 170 20 30 150 150 1030 10 120 42 50 40 50 10 30 70 330 20 10 200 130 10 Jensen Ave383 325 324 60410 10 20 130Cornelia AveBrawley AveMarks AveWest Ave HCM 2010 TWSC Existing Conditions 1: Cornelia Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 3.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 3 139 2 7 93 4 9 24 5 6 36 11 Future Vol, veh/h 3 139 2 7 93 4 9 24 5 6 36 11 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 78 78 78 78 78 78 78 78 78 78 78 78 Heavy Vehicles, % 21 21 21 21 21 21 21 21 21 21 21 21 Mvmt Flow 4 178 3 9 119 5 12 31 6 8 46 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 124 0 0 181 0 0 350 329 179 346 328 122 Stage 1 - - - - - - 187 187 - 140 140 - Stage 2 - - - - - - 163 142 - 206 188 - Critical Hdwy 4.31 - - 4.31 - - 7.31 6.71 6.41 7.31 6.71 6.41 Critical Hdwy Stg 1 - - - - - - 6.31 5.71 - 6.31 5.71 - Critical Hdwy Stg 2 - - - - - - 6.31 5.71 - 6.31 5.71 - Follow-up Hdwy 2.389 - - 2.389 - - 3.689 4.189 3.489 3.689 4.189 3.489 Pot Cap-1 Maneuver 1353 - - 1288 - - 571 560 817 574 561 880 Stage 1 - - - - - - 773 711 - 820 746 - Stage 2 - - - - - - 796 744 - 754 710 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1353 - - 1288 - - 522 554 817 541 555 880 Mov Cap-2 Maneuver - - - - - - 522 554 - 541 555 - Stage 1 - - - - - - 771 709 - 818 740 - Stage 2 - - - - - - 729 738 - 713 708 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.5 11.9 10.7 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 570 1353 - - 1288 - - 698 HCM Lane V/C Ratio 0.085 0.003 - - 0.007 - - 0.097 HCM Control Delay (s) 11.9 7.7 0 - 7.8 0 - 10.7 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.3 0 - - 0 - - 0.3 HCM 2010 TWSC Existing Conditions 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 3.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 9 147 1 5 89 12 17 15 8 27 25 5 Future Vol, veh/h 9 147 1 5 89 12 17 15 8 27 25 5 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 85 85 85 85 85 85 85 85 85 85 85 85 Heavy Vehicles, % 25 25 25 25 25 25 25 25 25 25 25 25 Mvmt Flow 11 173 1 6 105 14 20 18 9 32 29 6 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 119 0 0 174 0 0 336 326 174 332 319 112 Stage 1 - - - - - - 195 195 - 124 124 - Stage 2 - - - - - - 141 131 - 208 195 - Critical Hdwy 4.35 - - 4.35 - - 7.35 6.75 6.45 7.35 6.75 6.45 Critical Hdwy Stg 1 - - - - - - 6.35 5.75 - 6.35 5.75 - Critical Hdwy Stg 2 - - - - - - 6.35 5.75 - 6.35 5.75 - Follow-up Hdwy 2.425 - - 2.425 - - 3.725 4.225 3.525 3.725 4.225 3.525 Pot Cap-1 Maneuver 1338 - - 1275 - - 576 556 813 580 562 882 Stage 1 - - - - - - 757 698 - 827 751 - Stage 2 - - - - - - 810 746 - 744 698 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1338 - - 1275 - - 543 548 813 553 554 882 Mov Cap-2 Maneuver - - - - - - 543 548 - 553 554 - Stage 1 - - - - - - 750 692 - 820 747 - Stage 2 - - - - - - 769 742 - 710 692 - Approach EB WB NB SB HCM Control Delay, s 0.4 0.4 11.7 12.1 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 584 1338 - - 1275 - - 572 HCM Lane V/C Ratio 0.081 0.008 - - 0.005 - - 0.117 HCM Control Delay (s) 11.7 7.7 0 - 7.8 0 - 12.1 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.3 0 - - 0 - - 0.4 HCM 2010 TWSC Existing Conditions 3: Marks Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 218 9 9 133 12 7 30 6 31 35 30 Future Vol, veh/h 30 218 9 9 133 12 7 30 6 31 35 30 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 86 86 86 86 86 86 86 86 86 86 86 86 Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 10 10 10 Mvmt Flow 35 253 10 10 155 14 8 35 7 36 41 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 169 0 0 264 0 0 548 518 259 532 517 162 Stage 1 - - - - - - 328 328 - 183 183 - Stage 2 - - - - - - 220 190 - 349 334 - Critical Hdwy 4.2 - - 4.2 - - 7.2 6.6 6.3 7.2 6.6 6.3 Critical Hdwy Stg 1 - - - - - - 6.2 5.6 - 6.2 5.6 - Critical Hdwy Stg 2 - - - - - - 6.2 5.6 - 6.2 5.6 - Follow-up Hdwy 2.29 - - 2.29 - - 3.59 4.09 3.39 3.59 4.09 3.39 Pot Cap-1 Maneuver 1361 - - 1255 - - 435 450 761 446 451 862 Stage 1 - - - - - - 668 633 - 800 733 - Stage 2 - - - - - - 765 728 - 651 629 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1361 - - 1255 - - 376 433 761 403 434 862 Mov Cap-2 Maneuver - - - - - - 376 433 - 403 434 - Stage 1 - - - - - - 648 614 - 776 726 - Stage 2 - - - - - - 687 721 - 590 610 - Approach EB WB NB SB HCM Control Delay, s 0.9 0.5 14 14.3 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 449 1361 - - 1255 - - 499 HCM Lane V/C Ratio 0.111 0.026 - - 0.008 - - 0.224 HCM Control Delay (s) 14 7.7 0 - 7.9 0 - 14.3 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.4 0.1 - - 0 - - 0.8 HCM 2010 TWSC Existing Conditions 4: West Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 1.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 7 243 0 4 146 6 1 9 5 8 6 8 Future Vol, veh/h 7 243 0 4 146 6 1 9 5 8 6 8 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 86 86 86 86 86 86 86 86 86 86 86 86 Heavy Vehicles, % 12 12 12 12 12 12 12 12 12 12 12 12 Mvmt Flow 8 283 0 5 170 7 1 10 6 9 7 9 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 177 0 0 283 0 0 490 485 283 490 482 173 Stage 1 - - - - - - 299 299 - 183 183 - Stage 2 - - - - - - 191 186 - 307 299 - Critical Hdwy 4.22 - - 4.22 - - 7.22 6.62 6.32 7.22 6.62 6.32 Critical Hdwy Stg 1 - - - - - - 6.22 5.62 - 6.22 5.62 - Critical Hdwy Stg 2 - - - - - - 6.22 5.62 - 6.22 5.62 - Follow-up Hdwy 2.308 - - 2.308 - - 3.608 4.108 3.408 3.608 4.108 3.408 Pot Cap-1 Maneuver 1341 - - 1224 - - 473 468 733 473 470 845 Stage 1 - - - - - - 689 649 - 796 730 - Stage 2 - - - - - - 788 728 - 682 649 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1341 - - 1224 - - 458 462 733 457 464 845 Mov Cap-2 Maneuver - - - - - - 458 462 - 457 464 - Stage 1 - - - - - - 684 644 - 790 726 - Stage 2 - - - - - - 768 724 - 661 644 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 12.1 11.9 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 527 1341 - - 1224 - - 551 HCM Lane V/C Ratio 0.033 0.006 - - 0.004 - - 0.046 HCM Control Delay (s) 12.1 7.7 0 - 8 0 - 11.9 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0.1 HCM 2010 TWSC Existing Conditions 1: Cornelia Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 3.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 22 211 2 10 93 6 5 57 24 2 21 4 Future Vol, veh/h 22 211 2 10 93 6 5 57 24 2 21 4 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 76 76 76 76 76 76 76 76 76 76 76 76 Heavy Vehicles, % 6 6 6 6 6 6 6 6 6 6 6 6 Mvmt Flow 29 278 3 13 122 8 7 75 32 3 28 5 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 130 0 0 280 0 0 503 494 279 543 491 126 Stage 1 - - - - - - 337 337 - 153 153 - Stage 2 - - - - - - 166 157 - 390 338 - Critical Hdwy 4.16 - - 4.16 - - 7.16 6.56 6.26 7.16 6.56 6.26 Critical Hdwy Stg 1 - - - - - - 6.16 5.56 - 6.16 5.56 - Critical Hdwy Stg 2 - - - - - - 6.16 5.56 - 6.16 5.56 - Follow-up Hdwy 2.254 - - 2.254 - - 3.554 4.054 3.354 3.554 4.054 3.354 Pot Cap-1 Maneuver 1431 - - 1260 - - 473 471 750 444 472 914 Stage 1 - - - - - - 669 634 - 840 763 - Stage 2 - - - - - - 827 760 - 626 633 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1431 - - 1260 - - 437 455 750 362 456 914 Mov Cap-2 Maneuver - - - - - - 437 455 - 362 456 - Stage 1 - - - - - - 653 619 - 820 755 - Stage 2 - - - - - - 783 752 - 514 618 - Approach EB WB NB SB HCM Control Delay, s 0.7 0.7 14.1 12.4 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 510 1431 - - 1260 - - 523 HCM Lane V/C Ratio 0.222 0.02 - - 0.01 - - 0.068 HCM Control Delay (s) 14.1 7.6 0 - 7.9 0 - 12.4 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.8 0.1 - - 0 - - 0.2 HCM 2010 TWSC Existing Conditions 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 2.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 11 188 0 1 125 17 0 17 4 10 18 10 Future Vol, veh/h 11 188 0 1 125 17 0 17 4 10 18 10 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 71 71 71 71 71 71 71 71 71 71 71 71 Heavy Vehicles, % 5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 15 265 0 1 176 24 0 24 6 14 25 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 200 0 0 265 0 0 507 499 265 502 487 188 Stage 1 - - - - - - 296 296 - 191 191 - Stage 2 - - - - - - 211 203 - 311 296 - Critical Hdwy 4.15 - - 4.15 - - 7.15 6.55 6.25 7.15 6.55 6.25 Critical Hdwy Stg 1 - - - - - - 6.15 5.55 - 6.15 5.55 - Critical Hdwy Stg 2 - - - - - - 6.15 5.55 - 6.15 5.55 - Follow-up Hdwy 2.245 - - 2.245 - - 3.545 4.045 3.345 3.545 4.045 3.345 Pot Cap-1 Maneuver 1354 - - 1282 - - 471 469 766 475 476 846 Stage 1 - - - - - - 706 663 - 804 737 - Stage 2 - - - - - - 784 728 - 693 663 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1354 - - 1282 - - 439 462 766 448 469 846 Mov Cap-2 Maneuver - - - - - - 439 462 - 448 469 - Stage 1 - - - - - - 697 654 - 794 736 - Stage 2 - - - - - - 744 727 - 654 654 - Approach EB WB NB SB HCM Control Delay, s 0.4 0.1 12.7 12.7 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 500 1354 - - 1282 - - 524 HCM Lane V/C Ratio 0.059 0.011 - - 0.001 - - 0.102 HCM Control Delay (s) 12.7 7.7 0 - 7.8 0 - 12.7 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.2 0 - - 0 - - 0.3 HCM 2010 TWSC Existing Conditions 3: Marks Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 24 205 4 2 170 25 12 58 9 18 39 26 Future Vol, veh/h 24 205 4 2 170 25 12 58 9 18 39 26 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 80 80 80 80 80 80 80 80 80 80 80 80 Heavy Vehicles, % 5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 30 256 5 3 213 31 15 73 11 23 49 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 244 0 0 261 0 0 593 568 259 594 554 228 Stage 1 - - - - - - 319 319 - 233 233 - Stage 2 - - - - - - 274 249 - 361 321 - Critical Hdwy 4.15 - - 4.15 - - 7.15 6.55 6.25 7.15 6.55 6.25 Critical Hdwy Stg 1 - - - - - - 6.15 5.55 - 6.15 5.55 - Critical Hdwy Stg 2 - - - - - - 6.15 5.55 - 6.15 5.55 - Follow-up Hdwy 2.245 - - 2.245 - - 3.545 4.045 3.345 3.545 4.045 3.345 Pot Cap-1 Maneuver 1305 - - 1286 - - 413 428 772 412 436 804 Stage 1 - - - - - - 686 648 - 763 706 - Stage 2 - - - - - - 726 695 - 651 646 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1305 - - 1286 - - 353 415 772 344 423 804 Mov Cap-2 Maneuver - - - - - - 353 415 - 344 423 - Stage 1 - - - - - - 667 631 - 742 704 - Stage 2 - - - - - - 646 693 - 552 629 - Approach EB WB NB SB HCM Control Delay, s 0.8 0.1 16 14.8 HCM LOS C B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 426 1305 - - 1286 - - 469 HCM Lane V/C Ratio 0.232 0.023 - - 0.002 - - 0.221 HCM Control Delay (s) 16 7.8 0 - 7.8 0 - 14.8 HCM Lane LOS C A A - A A - B HCM 95th %tile Q(veh) 0.9 0.1 - - 0 - - 0.8 HCM 2010 TWSC Existing Conditions 4: West Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 1.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 3 225 3 3 209 14 7 10 5 9 9 12 Future Vol, veh/h 3 225 3 3 209 14 7 10 5 9 9 12 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 83 83 83 83 83 83 83 83 83 83 83 83 Heavy Vehicles, % 5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 4 271 4 4 252 17 8 12 6 11 11 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 269 0 0 275 0 0 560 556 273 556 549 260 Stage 1 - - - - - - 280 280 - 267 267 - Stage 2 - - - - - - 280 276 - 289 282 - Critical Hdwy 4.15 - - 4.15 - - 7.15 6.55 6.25 7.15 6.55 6.25 Critical Hdwy Stg 1 - - - - - - 6.15 5.55 - 6.15 5.55 - Critical Hdwy Stg 2 - - - - - - 6.15 5.55 - 6.15 5.55 - Follow-up Hdwy 2.245 - - 2.245 - - 3.545 4.045 3.345 3.545 4.045 3.345 Pot Cap-1 Maneuver 1277 - - 1271 - - 434 435 759 437 439 771 Stage 1 - - - - - - 720 674 - 732 683 - Stage 2 - - - - - - 720 676 - 712 672 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1277 - - 1271 - - 415 432 759 422 435 771 Mov Cap-2 Maneuver - - - - - - 415 432 - 422 435 - Stage 1 - - - - - - 717 671 - 729 680 - Stage 2 - - - - - - 692 673 - 691 669 - Approach EB WB NB SB HCM Control Delay, s 0.1 0.1 13.1 12.4 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 472 1277 - - 1271 - - 521 HCM Lane V/C Ratio 0.056 0.003 - - 0.003 - - 0.069 HCM Control Delay (s) 13.1 7.8 0 - 7.8 0 - 12.4 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.2 0 - - 0 - - 0.2 HCM 2010 TWSC Existing + Project Conditions 1: Cornelia Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 3.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 3 145 2 24 100 4 9 24 11 6 36 11 Future Vol, veh/h 3 145 2 24 100 4 9 24 11 6 36 11 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 78 78 78 78 78 78 78 78 78 78 78 78 Heavy Vehicles, % 23 23 23 23 23 23 23 23 23 23 23 23 Mvmt Flow 4 186 3 31 128 5 12 31 14 8 46 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 133 0 0 188 0 0 410 390 187 409 388 131 Stage 1 - - - - - - 195 195 - 192 192 - Stage 2 - - - - - - 215 195 - 217 196 - Critical Hdwy 4.33 - - 4.33 - - 7.33 6.73 6.43 7.33 6.73 6.43 Critical Hdwy Stg 1 - - - - - - 6.33 5.73 - 6.33 5.73 - Critical Hdwy Stg 2 - - - - - - 6.33 5.73 - 6.33 5.73 - Follow-up Hdwy 2.407 - - 2.407 - - 3.707 4.207 3.507 3.707 4.207 3.507 Pot Cap-1 Maneuver 1332 - - 1269 - - 517 514 804 517 515 865 Stage 1 - - - - - - 761 702 - 764 704 - Stage 2 - - - - - - 742 702 - 740 701 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1332 - - 1269 - - 462 499 804 473 500 865 Mov Cap-2 Maneuver - - - - - - 462 499 - 473 500 - Stage 1 - - - - - - 759 700 - 762 686 - Stage 2 - - - - - - 663 684 - 693 699 - Approach EB WB NB SB HCM Control Delay, s 0.2 1.5 12.4 11.5 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 541 1332 - - 1269 - - 626 HCM Lane V/C Ratio 0.104 0.003 - - 0.024 - - 0.109 HCM Control Delay (s) 12.4 7.7 0 - 7.9 0 - 11.5 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.3 0 - - 0.1 - - 0.4 HCM 2010 TWSC Existing + Project Conditions 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 3.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 9 159 1 5 112 12 17 15 8 27 25 5 Future Vol, veh/h 9 159 1 5 112 12 17 15 8 27 25 5 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 85 85 85 85 85 85 85 85 85 85 85 85 Heavy Vehicles, % 26 26 26 26 26 26 26 26 26 26 26 26 Mvmt Flow 11 187 1 6 132 14 20 18 9 32 29 6 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 146 0 0 188 0 0 377 367 188 373 360 139 Stage 1 - - - - - - 209 209 - 151 151 - Stage 2 - - - - - - 168 158 - 222 209 - Critical Hdwy 4.36 - - 4.36 - - 7.36 6.76 6.46 7.36 6.76 6.46 Critical Hdwy Stg 1 - - - - - - 6.36 5.76 - 6.36 5.76 - Critical Hdwy Stg 2 - - - - - - 6.36 5.76 - 6.36 5.76 - Follow-up Hdwy 2.434 - - 2.434 - - 3.734 4.234 3.534 3.734 4.234 3.534 Pot Cap-1 Maneuver 1302 - - 1254 - - 539 526 796 542 530 849 Stage 1 - - - - - - 741 686 - 798 729 - Stage 2 - - - - - - 781 724 - 729 686 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1302 - - 1254 - - 507 519 796 516 523 849 Mov Cap-2 Maneuver - - - - - - 507 519 - 516 523 - Stage 1 - - - - - - 734 680 - 791 725 - Stage 2 - - - - - - 740 720 - 695 680 - Approach EB WB NB SB HCM Control Delay, s 0.4 0.3 12.1 12.6 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 552 1302 - - 1254 - - 538 HCM Lane V/C Ratio 0.085 0.008 - - 0.005 - - 0.125 HCM Control Delay (s) 12.1 7.8 0 - 7.9 0 - 12.6 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.3 0 - - 0 - - 0.4 HCM 2010 TWSC Existing + Project Conditions 3: Marks Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 230 9 9 156 12 7 30 6 31 35 30 Future Vol, veh/h 30 230 9 9 156 12 7 30 6 31 35 30 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 86 86 86 86 86 86 86 86 86 86 86 86 Heavy Vehicles, % 12 12 12 12 12 12 12 12 12 12 12 12 Mvmt Flow 35 267 10 10 181 14 8 35 7 36 41 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 195 0 0 278 0 0 589 558 273 572 557 188 Stage 1 - - - - - - 342 342 - 209 209 - Stage 2 - - - - - - 247 216 - 363 348 - Critical Hdwy 4.22 - - 4.22 - - 7.22 6.62 6.32 7.22 6.62 6.32 Critical Hdwy Stg 1 - - - - - - 6.22 5.62 - 6.22 5.62 - Critical Hdwy Stg 2 - - - - - - 6.22 5.62 - 6.22 5.62 - Follow-up Hdwy 2.308 - - 2.308 - - 3.608 4.108 3.408 3.608 4.108 3.408 Pot Cap-1 Maneuver 1320 - - 1229 - - 405 425 742 416 425 829 Stage 1 - - - - - - 653 621 - 771 711 - Stage 2 - - - - - - 735 706 - 636 617 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1320 - - 1229 - - 348 408 742 374 408 829 Mov Cap-2 Maneuver - - - - - - 348 408 - 374 408 - Stage 1 - - - - - - 633 602 - 747 705 - Stage 2 - - - - - - 657 700 - 575 598 - Approach EB WB NB SB HCM Control Delay, s 0.9 0.4 14.6 15.1 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 423 1320 - - 1229 - - 469 HCM Lane V/C Ratio 0.118 0.026 - - 0.009 - - 0.238 HCM Control Delay (s) 14.6 7.8 0 - 8 0 - 15.1 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0.4 0.1 - - 0 - - 0.9 HCM 2010 TWSC Existing + Project Conditions 4: West Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 1.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 7 254 0 4 168 6 1 9 5 8 6 8 Future Vol, veh/h 7 254 0 4 168 6 1 9 5 8 6 8 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 86 86 86 86 86 86 86 86 86 86 86 86 Heavy Vehicles, % 14 14 14 14 14 14 14 14 14 14 14 14 Mvmt Flow 8 295 0 5 195 7 1 10 6 9 7 9 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 202 0 0 295 0 0 528 524 295 528 520 199 Stage 1 - - - - - - 312 312 - 208 208 - Stage 2 - - - - - - 216 212 - 320 312 - Critical Hdwy 4.24 - - 4.24 - - 7.24 6.64 6.34 7.24 6.64 6.34 Critical Hdwy Stg 1 - - - - - - 6.24 5.64 - 6.24 5.64 - Critical Hdwy Stg 2 - - - - - - 6.24 5.64 - 6.24 5.64 - Follow-up Hdwy 2.326 - - 2.326 - - 3.626 4.126 3.426 3.626 4.126 3.426 Pot Cap-1 Maneuver 1301 - - 1201 - - 443 442 717 443 444 812 Stage 1 - - - - - - 674 637 - 767 708 - Stage 2 - - - - - - 760 705 - 667 637 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1301 - - 1201 - - 429 437 717 427 439 812 Mov Cap-2 Maneuver - - - - - - 429 437 - 427 439 - Stage 1 - - - - - - 669 633 - 762 704 - Stage 2 - - - - - - 740 701 - 646 633 - Approach EB WB NB SB HCM Control Delay, s 0.2 0.2 12.4 12.3 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 502 1301 - - 1201 - - 521 HCM Lane V/C Ratio 0.035 0.006 - - 0.004 - - 0.049 HCM Control Delay (s) 12.4 7.8 0 - 8 0 - 12.3 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0.2 HCM 2010 TWSC Existing + Project Conditions 1: Cornelia Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 22 214 2 19 98 6 5 57 36 2 21 4 Future Vol, veh/h 22 214 2 19 98 6 5 57 36 2 21 4 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 76 76 76 76 76 76 76 76 76 76 76 76 Heavy Vehicles, % 8 8 8 8 8 8 8 8 8 8 8 8 Mvmt Flow 29 282 3 25 129 8 7 75 47 3 28 5 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 137 0 0 284 0 0 538 528 283 585 525 133 Stage 1 - - - - - - 341 341 - 183 183 - Stage 2 - - - - - - 197 187 - 402 342 - Critical Hdwy 4.18 - - 4.18 - - 7.18 6.58 6.28 7.18 6.58 6.28 Critical Hdwy Stg 1 - - - - - - 6.18 5.58 - 6.18 5.58 - Critical Hdwy Stg 2 - - - - - - 6.18 5.58 - 6.18 5.58 - Follow-up Hdwy 2.272 - - 2.272 - - 3.572 4.072 3.372 3.572 4.072 3.372 Pot Cap-1 Maneuver 1411 - - 1245 - - 445 447 742 414 449 900 Stage 1 - - - - - - 662 628 - 805 737 - Stage 2 - - - - - - 791 734 - 613 627 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1411 - - 1245 - - 406 427 742 324 429 900 Mov Cap-2 Maneuver - - - - - - 406 427 - 324 429 - Stage 1 - - - - - - 646 613 - 786 721 - Stage 2 - - - - - - 740 718 - 492 612 - Approach EB WB NB SB HCM Control Delay, s 0.7 1.2 14.6 12.9 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 504 1411 - - 1245 - - 490 HCM Lane V/C Ratio 0.256 0.021 - - 0.02 - - 0.073 HCM Control Delay (s) 14.6 7.6 0 - 8 0 - 12.9 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 1 0.1 - - 0.1 - - 0.2 HCM 2010 TWSC Existing + Project Conditions 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 11 203 0 1 139 17 0 17 4 10 18 10 Future Vol, veh/h 11 203 0 1 139 17 0 17 4 10 18 10 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 71 71 71 71 71 71 71 71 71 71 71 71 Heavy Vehicles, % 7 7 7 7 7 7 7 7 7 7 7 7 Mvmt Flow 15 286 0 1 196 24 0 24 6 14 25 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 220 0 0 286 0 0 547 540 286 543 528 208 Stage 1 - - - - - - 317 317 - 211 211 - Stage 2 - - - - - - 230 223 - 332 317 - Critical Hdwy 4.17 - - 4.17 - - 7.17 6.57 6.27 7.17 6.57 6.27 Critical Hdwy Stg 1 - - - - - - 6.17 5.57 - 6.17 5.57 - Critical Hdwy Stg 2 - - - - - - 6.17 5.57 - 6.17 5.57 - Follow-up Hdwy 2.263 - - 2.263 - - 3.563 4.063 3.363 3.563 4.063 3.363 Pot Cap-1 Maneuver 1320 - - 1248 - - 440 442 741 443 449 820 Stage 1 - - - - - - 684 645 - 780 718 - Stage 2 - - - - - - 762 710 - 671 645 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1320 - - 1248 - - 409 435 741 416 442 820 Mov Cap-2 Maneuver - - - - - - 409 435 - 416 442 - Stage 1 - - - - - - 674 636 - 769 717 - Stage 2 - - - - - - 722 709 - 632 636 - Approach EB WB NB SB HCM Control Delay, s 0.4 0.1 13.1 13.2 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 472 1320 - - 1248 - - 494 HCM Lane V/C Ratio 0.063 0.012 - - 0.001 - - 0.108 HCM Control Delay (s) 13.1 7.8 0 - 7.9 0 - 13.2 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.2 0 - - 0 - - 0.4 HCM 2010 TWSC Existing + Project Conditions 3: Marks Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.6 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 24 219 4 2 183 25 12 58 9 18 39 26 Future Vol, veh/h 24 219 4 2 183 25 12 58 9 18 39 26 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 80 80 80 80 80 80 80 80 80 80 80 80 Heavy Vehicles, % 6 6 6 6 6 6 6 6 6 6 6 6 Mvmt Flow 30 274 5 3 229 31 15 73 11 23 49 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 260 0 0 279 0 0 626 601 276 627 588 244 Stage 1 - - - - - - 336 336 - 249 249 - Stage 2 - - - - - - 290 265 - 378 339 - Critical Hdwy 4.16 - - 4.16 - - 7.16 6.56 6.26 7.16 6.56 6.26 Critical Hdwy Stg 1 - - - - - - 6.16 5.56 - 6.16 5.56 - Critical Hdwy Stg 2 - - - - - - 6.16 5.56 - 6.16 5.56 - Follow-up Hdwy 2.254 - - 2.254 - - 3.554 4.054 3.354 3.554 4.054 3.354 Pot Cap-1 Maneuver 1282 - - 1261 - - 391 409 753 390 416 785 Stage 1 - - - - - - 670 635 - 746 693 - Stage 2 - - - - - - 709 682 - 636 633 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1282 - - 1261 - - 332 396 753 323 403 785 Mov Cap-2 Maneuver - - - - - - 332 396 - 323 403 - Stage 1 - - - - - - 651 617 - 725 691 - Stage 2 - - - - - - 630 680 - 537 615 - Approach EB WB NB SB HCM Control Delay, s 0.8 0.1 16.7 15.5 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 406 1282 - - 1261 - - 447 HCM Lane V/C Ratio 0.243 0.023 - - 0.002 - - 0.232 HCM Control Delay (s) 16.7 7.9 0 - 7.9 0 - 15.5 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.9 0.1 - - 0 - - 0.9 HCM 2010 TWSC Existing + Project Conditions 4: West Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 1.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 3 239 3 3 222 14 7 10 5 9 9 12 Future Vol, veh/h 3 239 3 3 222 14 7 10 5 9 9 12 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 83 83 83 83 83 83 83 83 83 83 83 83 Heavy Vehicles, % 6 6 6 6 6 6 6 6 6 6 6 6 Mvmt Flow 4 288 4 4 267 17 8 12 6 11 11 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 284 0 0 292 0 0 593 589 290 589 582 276 Stage 1 - - - - - - 297 297 - 283 283 - Stage 2 - - - - - - 296 292 - 306 299 - Critical Hdwy 4.16 - - 4.16 - - 7.16 6.56 6.26 7.16 6.56 6.26 Critical Hdwy Stg 1 - - - - - - 6.16 5.56 - 6.16 5.56 - Critical Hdwy Stg 2 - - - - - - 6.16 5.56 - 6.16 5.56 - Follow-up Hdwy 2.254 - - 2.254 - - 3.554 4.054 3.354 3.554 4.054 3.354 Pot Cap-1 Maneuver 1256 - - 1247 - - 411 415 740 414 419 753 Stage 1 - - - - - - 703 660 - 715 670 - Stage 2 - - - - - - 704 664 - 695 659 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1256 - - 1247 - - 393 412 740 399 416 753 Mov Cap-2 Maneuver - - - - - - 393 412 - 399 416 - Stage 1 - - - - - - 700 657 - 712 667 - Stage 2 - - - - - - 677 661 - 674 656 - Approach EB WB NB SB HCM Control Delay, s 0.1 0.1 13.5 12.8 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 450 1256 - - 1247 - - 499 HCM Lane V/C Ratio 0.059 0.003 - - 0.003 - - 0.072 HCM Control Delay (s) 13.5 7.9 0 - 7.9 0 - 12.8 HCM Lane LOS B A A - A A - B HCM 95th %tile Q(veh) 0.2 0 - - 0 - - 0.2 HCM 2010 TWSC Cumulative No Project Conditions 1: Cornelia Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 6.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 10 270 10 10 210 10 10 30 10 100 70 20 Future Vol, veh/h 10 270 10 10 210 10 10 30 10 100 70 20 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 21 21 21 21 21 21 21 21 21 21 21 21 Mvmt Flow 11 293 11 11 228 11 11 33 11 109 76 22 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 241 0 0 306 0 0 618 586 303 601 585 238 Stage 1 - - - - - - 323 323 - 257 257 - Stage 2 - - - - - - 295 263 - 344 328 - Critical Hdwy 4.31 - - 4.31 - - 7.31 6.71 6.41 7.31 6.71 6.41 Critical Hdwy Stg 1 - - - - - - 6.31 5.71 - 6.31 5.71 - Critical Hdwy Stg 2 - - - - - - 6.31 5.71 - 6.31 5.71 - Follow-up Hdwy 2.389 - - 2.389 - - 3.689 4.189 3.489 3.689 4.189 3.489 Pot Cap-1 Maneuver 1222 - - 1154 - - 376 398 694 386 398 756 Stage 1 - - - - - - 651 618 - 707 661 - Stage 2 - - - - - - 674 657 - 634 614 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1220 - - 1152 - - 304 388 691 348 388 753 Mov Cap-2 Maneuver - - - - - - 304 388 - 348 388 - Stage 1 - - - - - - 643 610 - 698 652 - Stage 2 - - - - - - 571 649 - 583 606 - Approach EB WB NB SB HCM Control Delay, s 0.3 0.4 15.4 22.7 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 401 1220 - - 1152 - - 406 HCM Lane V/C Ratio 0.136 0.009 - - 0.009 - - 0.509 HCM Control Delay (s) 15.4 8 0 - 8.2 0 - 22.7 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.5 0 - - 0 - - 2.8 HCM 2010 TWSC Cumulative No Project Conditions 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 80 290 10 10 190 20 20 20 10 30 30 10 Future Vol, veh/h 80 290 10 10 190 20 20 20 10 30 30 10 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 25 25 25 25 25 25 25 25 25 25 25 25 Mvmt Flow 87 315 11 11 207 22 22 22 11 33 33 11 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 230 0 0 328 0 0 760 749 325 754 743 221 Stage 1 - - - - - - 497 497 - 241 241 - Stage 2 - - - - - - 263 252 - 513 502 - Critical Hdwy 4.35 - - 4.35 - - 7.35 6.75 6.45 7.35 6.75 6.45 Critical Hdwy Stg 1 - - - - - - 6.35 5.75 - 6.35 5.75 - Critical Hdwy Stg 2 - - - - - - 6.35 5.75 - 6.35 5.75 - Follow-up Hdwy 2.425 - - 2.425 - - 3.725 4.225 3.525 3.725 4.225 3.525 Pot Cap-1 Maneuver 1214 - - 1113 - - 296 314 666 299 317 764 Stage 1 - - - - - - 514 508 - 714 666 - Stage 2 - - - - - - 694 658 - 504 506 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1212 - - 1111 - - 246 282 663 255 285 761 Mov Cap-2 Maneuver - - - - - - 246 282 - 255 285 - Stage 1 - - - - - - 468 462 - 650 657 - Stage 2 - - - - - - 642 650 - 430 461 - Approach EB WB NB SB HCM Control Delay, s 1.7 0.4 19.7 21.2 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 299 1212 - - 1111 - - 297 HCM Lane V/C Ratio 0.182 0.072 - - 0.01 - - 0.256 HCM Control Delay (s) 19.7 8.2 0 - 8.3 0 - 21.2 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.7 0.2 - - 0 - - 1 HCM 2010 TWSC Cumulative No Project Conditions 3: Marks Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 40 340 40 40 220 140 20 300 30 280 250 40 Future Vol, veh/h 40 340 40 40 220 140 20 300 30 280 250 40 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %10 10 10 10 10 10 10 10 10 10 10 10 Mvmt Flow 43 370 43 43 239 152 22 326 33 304 272 43 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 393 0 0 415 0 0 824 960 211 841 906 200 Stage 1 - - -- - - 480 480 - 404 404 - Stage 2 - - -- - - 344 480 - 437 502 - Critical Hdwy 4.3 - - 4.3 - - 7.7 6.7 7.1 7.7 6.7 7.1 Critical Hdwy Stg 1 - - -- - - 6.7 5.7 - 6.7 5.7 - Critical Hdwy Stg 2 - - -- - - 6.7 5.7 - 6.7 5.7 - Follow-up Hdwy 2.3 - - 2.3 - - 3.6 4.1 3.4 3.6 4.1 3.4 Pot Cap-1 Maneuver 1107 - - 1085 - - 252 ~ 242 770 ~ 245 ~ 261 783 Stage 1 - - - - - - 515 533 - 573 578 - Stage 2 - - -- - - 623 533 - 547 521 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 1105 - - 1083 - -- ~ 217 767 - ~ 234 780 Mov Cap-2 Maneuver - - -- - -- ~ 217 -- ~ 234 - Stage 1 - - -- - - 488 505 - 543 547 - Stage 2 - - -- - - 280 504 - ~ 176 493 - Approach EB WB NB SB HCM Control Delay, s 1 1 HCM LOS -- Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1SBLn2 Capacity (veh/h)- 246 1105 - - 1083 - - - 282 HCM Lane V/C Ratio - 0.795 0.039 - - 0.04 - - - 0.636 HCM Control Delay (s)$59.4 8.4 0.2 - 8.5 0.2 -$ 37.7 HCM Lane LOS - F A A - A A - - E HCM 95th %tile Q(veh) - 6 0.1 - - 0.1 - - - 4 Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative No Project Conditions 4: West Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 40 1020 180 10 450 90 100 150 10 100 80 20 Future Vol, veh/h 40 1020 180 10 450 90 100 150 10 100 80 20 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %12 12 12 12 12 12 12 12 12 12 12 12 Mvmt Flow 43 1109 196 11 489 98 109 163 11 109 87 22 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 589 0 0 1306 0 0 1607 1906 656 1287 1955 297 Stage 1 - - -- - - 1295 1295 - 562 562 - Stage 2 - - -- - - 312 611 - 725 1393 - Critical Hdwy 4.34 - - 4.34 - - 7.74 6.74 7.14 7.74 6.74 7.14 Critical Hdwy Stg 1 - - - - - - 6.74 5.74 - 6.74 5.74 - Critical Hdwy Stg 2 - - -- - - 6.74 5.74 - 6.74 5.74 - Follow-up Hdwy 2.32 - - 2.32 - - 3.62 4.12 3.42 3.62 4.12 3.42 Pot Cap-1 Maneuver 917 - - 475 - - ~ 63 ~ 61 385 111 ~ 56 670 Stage 1 - - - - - - 157 213 - 455 484 - Stage 2 - - -- - - 646 459 - 360 190 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 915 - - 474 - -- ~ 48 384 - ~ 44 667 Mov Cap-2 Maneuver - - -- - -- ~ 48 -- ~ 44 - Stage 1 - - -- - - 128 173 - 370 466 - Stage 2 - - -- - - 490 442 - ~ 16 155 - Approach EB WB NB SB HCM Control Delay, s 1 0.4 HCM LOS -- Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h)- 915 - - 474 - - - HCM Lane V/C Ratio - 0.048 - - 0.023 - - - HCM Control Delay (s)$9.1 0.8 - 12.8 0.2 -$ HCM Lane LOS - A A - B A - - HCM 95th %tile Q(veh) - 0.1 - - 0.1 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative No Project Conditions 1: Cornelia Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 9.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 380 10 10 310 230 10 120 30 10 30 10 Future Vol, veh/h 30 380 10 10 310 230 10 120 30 10 30 10 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %6 6 6 6 6 6 6 6 6 6 6 6 Mvmt Flow 33 413 11 11 337 250 11 130 33 11 33 11 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 589 0 0 426 0 0 988 1097 422 1053 977 466 Stage 1 - - -- - - 486 486 - 486 486 - Stage 2 - - -- - - 502 611 - 567 491 - Critical Hdwy 4.16 - - 4.16 - - 7.16 6.56 6.26 7.16 6.56 6.26 Critical Hdwy Stg 1 - - - - - - 6.16 5.56 - 6.16 5.56 - Critical Hdwy Stg 2 - - -- - - 6.16 5.56 - 6.16 5.56 - Follow-up Hdwy 2.254 - - 2.254 - - 3.554 4.054 3.354 3.554 4.054 3.354 Pot Cap-1 Maneuver 967 - - 1112 - - 222 210 623 201 247 588 Stage 1 - - - - - - 555 544 - 555 544 - Stage 2 - - -- - - 544 478 - 501 542 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 965 - - 1110 - - 185 197 621 85 231 586 Mov Cap-2 Maneuver - - - - - - 185 197 - 85 231 - Stage 1 - - -- - - 529 519 - 529 535 - Stage 2 - - -- - - 493 470 - 339 517 - Approach EB WB NB SB HCM Control Delay, s 0.6 0.2 60.3 29.3 HCM LOS F D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h)225 965 - - 1110 - - 202 HCM Lane V/C Ratio 0.773 0.034 - - 0.01 - - 0.269 HCM Control Delay (s) 60.3 8.9 0 - 8.3 0 - 29.3 HCM Lane LOS F A A - A A - D HCM 95th %tile Q(veh) 5.5 0.1 - - 0 - - 1 HCM 2010 TWSC Cumulative No Project Conditions 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 6.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 50 310 10 10 440 60 40 50 10 10 20 90 Future Vol, veh/h 50 310 10 10 440 60 40 50 10 10 20 90 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 54 337 11 11 478 65 43 54 11 11 22 98 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 545 0 0 350 0 0 1047 1020 346 1021 994 515 Stage 1 - - - - - - 453 453 - 535 535 - Stage 2 - - - - - - 594 567 - 486 459 - Critical Hdwy 4.15 - - 4.15 - - 7.15 6.55 6.25 7.15 6.55 6.25 Critical Hdwy Stg 1 - - - - - - 6.15 5.55 - 6.15 5.55 - Critical Hdwy Stg 2 - - - - - - 6.15 5.55 - 6.15 5.55 - Follow-up Hdwy 2.245 - - 2.245 - - 3.545 4.045 3.345 3.545 4.045 3.345 Pot Cap-1 Maneuver 1009 - - 1192 - - 203 234 690 212 242 554 Stage 1 - - - - - - 581 565 - 524 519 - Stage 2 - - - - - - 486 502 - 557 561 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1007 - - 1190 - - 145 215 687 158 222 552 Mov Cap-2 Maneuver - - - - - - 145 215 - 158 222 - Stage 1 - - - - - - 541 526 - 488 511 - Stage 2 - - - - - - 377 495 - 458 522 - Approach EB WB NB SB HCM Control Delay, s 1.2 0.2 46.2 19.4 HCM LOS E C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 191 1007 - - 1190 - - 379 HCM Lane V/C Ratio 0.569 0.054 - - 0.009 - - 0.344 HCM Control Delay (s) 46.2 8.8 0 - 8.1 0 - 19.4 HCM Lane LOS E A A - A A - C HCM 95th %tile Q(veh) 3.1 0.2 - - 0 - - 1.5 HCM 2010 TWSC Cumulative No Project Conditions 3: Marks Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 310 20 20 460 270 70 330 20 170 310 30 Future Vol, veh/h 30 310 20 20 460 270 70 330 20 170 310 30 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 33 337 22 22 500 293 76 359 22 185 337 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 795 0 0 361 0 0 879 1254 183 1107 1118 401 Stage 1 - - -- - - 415 415 - 692 692 - Stage 2 - - -- - - 464 839 - 415 426 - Critical Hdwy 4.2 - - 4.2 - - 7.6 6.6 7 7.6 6.6 7 Critical Hdwy Stg 1 - - -- - - 6.6 5.6 - 6.6 5.6 - Critical Hdwy Stg 2 - - -- - - 6.6 5.6 - 6.6 5.6 - Follow-up Hdwy 2.25 - - 2.25 - - 3.55 4.05 3.35 3.55 4.05 3.35 Pot Cap-1 Maneuver 803 - - 1173 - - 237 ~ 166 819 ~ 161 ~ 201 590 Stage 1 - - - - - - 577 583 - 393 436 - Stage 2 - - -- - - 540 372 - 577 577 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 801 - - 1171 - -- ~ 151 816 - ~ 183 588 Mov Cap-2 Maneuver - - -- - -- ~ 151 -- ~ 183 - Stage 1 - - -- - - 546 552 - 372 420 - Stage 2 - - -- - - 97 ~ 358 - 186 546 - Approach EB WB NB SB HCM Control Delay, s 1 0.3 HCM LOS -- Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1SBLn2 Capacity (veh/h)- 166 801 - - 1171 - - - 206 HCM Lane V/C Ratio - 1.211 0.041 - - 0.019 - - - 0.976 HCM Control Delay (s)$ 192.9 9.7 0.2 - 8.1 0.1 -$ 104.9 HCM Lane LOS - F A A - A A - - F HCM 95th %tile Q(veh) - 11.1 0.1 - - 0.1 - - - 8.4 Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative No Project Conditions 4: West Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 10 590 130 10 1010 150 200 130 10 150 150 30 Future Vol, veh/h 10 590 130 10 1010 150 200 130 10 150 150 30 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 11 641 141 11 1098 163 217 141 11 163 163 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 1263 0 0 785 0 0 1390 2021 395 1618 2009 634 Stage 1 - - -- - - 736 736 - 1203 1203 - Stage 2 - - -- - - 654 1285 - 415 806 - Critical Hdwy 4.2 - - 4.2 - - 7.6 6.6 7 7.6 6.6 7 Critical Hdwy Stg 1 - - -- - - 6.6 5.6 - 6.6 5.6 - Critical Hdwy Stg 2 - - -- - - 6.6 5.6 - 6.6 5.6 - Follow-up Hdwy 2.25 - - 2.25 - - 3.55 4.05 3.35 3.55 4.05 3.35 Pot Cap-1 Maneuver 530 - - 810 - - ~ 99 ~ 55 596 ~ 67 ~ 56 415 Stage 1 - - - - - - 370 416 - 191 250 - Stage 2 - - -- - - 415 228 - 577 386 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 529 - - 808 - -- ~ 50 594 - ~ 51 413 Mov Cap-2 Maneuver - - -- - -- ~ 50 -- ~ 51 - Stage 1 - - -- - - 355 399 - 183 238 - Stage 2 - - -- - - ~ 114 217 - 351 371 - Approach EB WB NB SB HCM Control Delay, s 0.3 0.3 HCM LOS -- Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h)- 529 - - 808 - - - HCM Lane V/C Ratio - 0.021 - - 0.013 - - - HCM Control Delay (s)$11.9 0.2 - 9.5 0.2 -$ HCM Lane LOS - B A - A A - - HCM 95th %tile Q(veh) - 0.1 - - 0 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative Plus Project Conditions 1: Cornelia Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 10 276 10 27 217 10 10 30 16 100 70 20 Future Vol, veh/h 10 276 10 27 217 10 10 30 16 100 70 20 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 22 22 22 22 22 22 22 22 22 22 22 22 Mvmt Flow 11 300 11 29 236 11 11 33 17 109 76 22 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 249 0 0 313 0 0 669 636 309 656 637 245 Stage 1 - - - - - - 329 329 - 302 302 - Stage 2 - - - - - - 340 307 - 354 335 - Critical Hdwy 4.32 - - 4.32 - - 7.32 6.72 6.42 7.32 6.72 6.42 Critical Hdwy Stg 1 - - - - - - 6.32 5.72 - 6.32 5.72 - Critical Hdwy Stg 2 - - - - - - 6.32 5.72 - 6.32 5.72 - Follow-up Hdwy 2.398 - - 2.398 - - 3.698 4.198 3.498 3.698 4.198 3.498 Pot Cap-1 Maneuver 1208 - - 1142 - - 345 371 687 353 370 747 Stage 1 - - - - - - 644 612 - 666 630 - Stage 2 - - - - - - 635 626 - 624 608 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1206 - - 1140 - - 270 355 684 309 354 744 Mov Cap-2 Maneuver - - - - - - 270 355 - 309 354 - Stage 1 - - - - - - 636 604 - 657 610 - Stage 2 - - - - - - 522 606 - 568 600 - Approach EB WB NB SB HCM Control Delay, s 0.3 0.9 16.1 27.1 HCM LOS C D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 386 1206 - - 1140 - - 364 HCM Lane V/C Ratio 0.158 0.009 - - 0.026 - - 0.567 HCM Control Delay (s) 16.1 8 0 - 8.2 0 - 27.1 HCM Lane LOS C A A - A A - D HCM 95th %tile Q(veh) 0.6 0 - - 0.1 - - 3.4 HCM 2010 TWSC Cumulative Plus Project Conditions 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 4.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 80 302 10 10 213 20 20 20 10 30 30 10 Future Vol, veh/h 80 302 10 10 213 20 20 20 10 30 30 10 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 26 26 26 26 26 26 26 26 26 26 26 26 Mvmt Flow 87 328 11 11 232 22 22 22 11 33 33 11 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 255 0 0 341 0 0 798 787 338 792 781 246 Stage 1 - - - - - - 510 510 - 266 266 - Stage 2 - - - - - - 288 277 - 526 515 - Critical Hdwy 4.36 - - 4.36 - - 7.36 6.76 6.46 7.36 6.76 6.46 Critical Hdwy Stg 1 - - - - - - 6.36 5.76 - 6.36 5.76 - Critical Hdwy Stg 2 - - - - - - 6.36 5.76 - 6.36 5.76 - Follow-up Hdwy 2.434 - - 2.434 - - 3.734 4.234 3.534 3.734 4.234 3.534 Pot Cap-1 Maneuver 1182 - - 1096 - - 277 297 653 280 300 737 Stage 1 - - - - - - 504 500 - 690 647 - Stage 2 - - - - - - 671 640 - 494 497 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1180 - - 1094 - - 228 266 651 237 268 734 Mov Cap-2 Maneuver - - - - - - 228 266 - 237 268 - Stage 1 - - - - - - 457 454 - 626 638 - Stage 2 - - - - - - 619 631 - 420 451 - Approach EB WB NB SB HCM Control Delay, s 1.7 0.3 20.9 22.8 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 280 1180 - - 1094 - - 278 HCM Lane V/C Ratio 0.194 0.074 - - 0.01 - - 0.274 HCM Control Delay (s) 20.9 8.3 0 - 8.3 0 - 22.8 HCM Lane LOS C A A - A A - C HCM 95th %tile Q(veh) 0.7 0.2 - - 0 - - 1.1 HCM 2010 TWSC Cumulative Plus Project Conditions 3: Marks Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 40 352 40 40 243 140 20 300 30 280 250 40 Future Vol, veh/h 40 352 40 40 243 140 20 300 30 280 250 40 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %11 11 11 11 11 11 11 11 11 11 11 11 Mvmt Flow 43 383 43 43 264 152 22 326 33 304 272 43 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 418 0 0 428 0 0 850 998 217 872 944 212 Stage 1 - - -- - - 493 493 - 429 429 - Stage 2 - - -- - - 357 505 - 443 515 - Critical Hdwy 4.32 - - 4.32 - - 7.72 6.72 7.12 7.72 6.72 7.12 Critical Hdwy Stg 1 - - - - - - 6.72 5.72 - 6.72 5.72 - Critical Hdwy Stg 2 - - -- - - 6.72 5.72 - 6.72 5.72 - Follow-up Hdwy 2.31 - - 2.31 - - 3.61 4.11 3.41 3.61 4.11 3.41 Pot Cap-1 Maneuver 1076 - - 1066 - - 239 ~ 228 760 ~ 231 ~ 246 766 Stage 1 - - - - - - 504 523 - 551 560 - Stage 2 - - -- - - 609 517 - 540 511 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 1074 - - 1064 - -- ~ 203 757 - ~ 220 763 Mov Cap-2 Maneuver - - -- - -- ~ 203 -- ~ 220 - Stage 1 - - -- - - 476 494 - 521 529 - Stage 2 - - -- - - 264 488 - ~ 166 483 - Approach EB WB NB SB HCM Control Delay, s 0.9 0.9 HCM LOS -- Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1SBLn2 Capacity (veh/h)- 231 1074 - - 1064 - - - 266 HCM Lane V/C Ratio - 0.847 0.04 - - 0.041 - - - 0.674 HCM Control Delay (s)$70.6 8.5 0.2 - 8.5 0.2 -$ 42.6 HCM Lane LOS - F A A - A A - - E HCM 95th %tile Q(veh) - 6.6 0.1 - - 0.1 - - - 4.4 Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative Plus Project Conditions 4: West Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 40 1031 180 10 472 90 100 150 10 100 80 20 Future Vol, veh/h 40 1031 180 10 472 90 100 150 10 100 80 20 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %12 12 12 12 12 12 12 12 12 12 12 12 Mvmt Flow 43 1121 196 11 513 98 109 163 11 109 87 22 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 613 0 0 1318 0 0 1631 1942 662 1317 1991 309 Stage 1 - - -- - - 1307 1307 - 586 586 - Stage 2 - - -- - - 324 635 - 731 1405 - Critical Hdwy 4.34 - - 4.34 - - 7.74 6.74 7.14 7.74 6.74 7.14 Critical Hdwy Stg 1 - - - - - - 6.74 5.74 - 6.74 5.74 - Critical Hdwy Stg 2 - - -- - - 6.74 5.74 - 6.74 5.74 - Follow-up Hdwy 2.32 - - 2.32 - - 3.62 4.12 3.42 3.62 4.12 3.42 Pot Cap-1 Maneuver 897 - - 470 - - ~ 61 ~ 57 381 ~ 106 ~ 53 658 Stage 1 - - - - - - 155 210 - 439 471 - Stage 2 - - -- - - 635 447 - 357 187 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 895 - - 469 - -- ~ 44 380 - ~ 41 655 Mov Cap-2 Maneuver - - -- - -- ~ 44 -- ~ 41 - Stage 1 - - -- - - 125 169 - 353 453 - Stage 2 - - -- - - 477 430 - ~ 10 150 - Approach EB WB NB SB HCM Control Delay, s 1 0.4 HCM LOS -- Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h)- 895 - - 469 - - - HCM Lane V/C Ratio - 0.049 - - 0.023 - - - HCM Control Delay (s)$9.2 0.8 - 12.9 0.2 -$ HCM Lane LOS - A A - B A - - HCM 95th %tile Q(veh) - 0.2 - - 0.1 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative Plus Project Conditions 1: Cornelia Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 11.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 383 10 19 315 230 10 120 42 10 30 10 Future Vol, veh/h 30 383 10 19 315 230 10 120 42 10 30 10 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - Stop Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 7 7 7 7 7 7 7 7 7 7 7 7 Mvmt Flow 33 416 11 21 342 250 11 130 46 11 33 11 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 594 0 0 429 0 0 1016 1125 426 1088 1005 471 Stage 1 - - - - - - 489 489 - 511 511 - Stage 2 - - - - - - 527 636 - 577 494 - Critical Hdwy 4.17 - - 4.17 - - 7.17 6.57 6.27 7.17 6.57 6.27 Critical Hdwy Stg 1 - - - - - - 6.17 5.57 - 6.17 5.57 - Critical Hdwy Stg 2 - - - - - - 6.17 5.57 - 6.17 5.57 - Follow-up Hdwy 2.263 - - 2.263 - - 3.563 4.063 3.363 3.563 4.063 3.363 Pot Cap-1 Maneuver 958 - - 1104 - - 212 201 618 189 237 583 Stage 1 - - - - - - 551 541 - 536 529 - Stage 2 - - - - - - 525 464 - 493 538 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 956 - - 1102 - - 173 185 616 71 219 581 Mov Cap-2 Maneuver - - - - - - 173 185 - 71 219 - Stage 1 - - - - - - 525 516 - 511 512 - Stage 2 - - - - - - 467 449 - 325 513 - Approach EB WB NB SB HCM Control Delay, s 0.6 0.3 71.8 33.4 HCM LOS F D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 222 956 - - 1102 - - 180 HCM Lane V/C Ratio 0.842 0.034 - - 0.019 - - 0.302 HCM Control Delay (s) 71.8 8.9 0 - 8.3 0 - 33.4 HCM Lane LOS F A A - A A - D HCM 95th %tile Q(veh) 6.5 0.1 - - 0.1 - - 1.2 HCM 2010 TWSC Cumulative Plus Project Conditions 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh 7.2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 50 325 10 10 454 60 40 50 10 10 20 90 Future Vol, veh/h 50 325 10 10 454 60 40 50 10 10 20 90 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 6 6 6 6 6 6 6 6 6 6 6 6 Mvmt Flow 54 353 11 11 493 65 43 54 11 11 22 98 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 561 0 0 366 0 0 1079 1051 363 1052 1025 530 Stage 1 - - - - - - 469 469 - 550 550 - Stage 2 - - - - - - 610 582 - 502 475 - Critical Hdwy 4.16 - - 4.16 - - 7.16 6.56 6.26 7.16 6.56 6.26 Critical Hdwy Stg 1 - - - - - - 6.16 5.56 - 6.16 5.56 - Critical Hdwy Stg 2 - - - - - - 6.16 5.56 - 6.16 5.56 - Follow-up Hdwy 2.254 - - 2.254 - - 3.554 4.054 3.354 3.554 4.054 3.354 Pot Cap-1 Maneuver 990 - - 1171 - - 193 223 673 201 231 541 Stage 1 - - - - - - 567 554 - 512 509 - Stage 2 - - - - - - 475 493 - 544 551 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 988 - - 1169 - - 136 204 670 147 211 539 Mov Cap-2 Maneuver - - - - - - 136 204 - 147 211 - Stage 1 - - - - - - 527 515 - 476 501 - Stage 2 - - - - - - 366 485 - 445 512 - Approach EB WB NB SB HCM Control Delay, s 1.2 0.2 51.5 20.3 HCM LOS F C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 180 988 - - 1169 - - 364 HCM Lane V/C Ratio 0.604 0.055 - - 0.009 - - 0.358 HCM Control Delay (s) 51.5 8.9 0 - 8.1 0 - 20.3 HCM Lane LOS F A A - A A - C HCM 95th %tile Q(veh) 3.3 0.2 - - 0 - - 1.6 HCM 2010 TWSC Cumulative Plus Project Conditions 3: Marks Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 324 20 20 473 270 70 330 20 170 310 30 Future Vol, veh/h 30 324 20 20 473 270 70 330 20 170 310 30 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 33 352 22 22 514 293 76 359 22 185 337 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 810 0 0 376 0 0 901 1283 191 1129 1147 408 Stage 1 - - -- - - 430 430 - 706 706 - Stage 2 - - -- - - 471 853 - 423 441 - Critical Hdwy 4.2 - - 4.2 - - 7.6 6.6 7 7.6 6.6 7 Critical Hdwy Stg 1 - - -- - - 6.6 5.6 - 6.6 5.6 - Critical Hdwy Stg 2 - - -- - - 6.6 5.6 - 6.6 5.6 - Follow-up Hdwy 2.25 - - 2.25 - - 3.55 4.05 3.35 3.55 4.05 3.35 Pot Cap-1 Maneuver 793 - - 1158 - - 228 ~ 160 809 ~ 155 ~ 193 584 Stage 1 - - - - - - 566 574 - 386 430 - Stage 2 - - -- - - 535 367 - 571 568 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 791 - - 1156 - -- ~ 145 806 - ~ 175 582 Mov Cap-2 Maneuver - - -- - -- ~ 145 -- ~ 175 - Stage 1 - - -- - - 535 543 - 365 413 - Stage 2 - - -- - - 89 ~ 353 - ~ 178 537 - Approach EB WB NB SB HCM Control Delay, s 1 0.3 HCM LOS -- Minor Lane/Major Mvmt NBLn1NBLn2 EBL EBT EBR WBL WBT WBRSBLn1SBLn2 Capacity (veh/h)- 159 791 - - 1156 - - - 197 HCM Lane V/C Ratio - 1.265 0.041 - - 0.019 - - - 1.021 HCM Control Delay (s)$ 215.4 9.7 0.2 - 8.2 0.1 -$ 119.7 HCM Lane LOS - F A A - A A - - F HCM 95th %tile Q(veh) - 11.7 0.1 - - 0.1 - - - 8.9 Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 TWSC Cumulative Plus Project Conditions 4: West Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Int Delay, s/veh Delay exceeds 300 seconds Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 10 604 130 10 1023 150 200 130 10 150 150 30 Future Vol, veh/h 10 604 130 10 1023 150 200 130 10 150 150 30 Conflicting Peds, #/hr 2 0 2 2 0 2 2 0 2 2 0 2 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - -- - -- - -- - - Veh in Median Storage, # - 0 -- 0 -- 0 -- 0 - Grade, %- 0 -- 0 -- 0 -- 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, %5 5 5 5 5 5 5 5 5 5 5 5 Mvmt Flow 11 657 141 11 1112 163 217 141 11 163 163 33 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 1277 0 0 800 0 0 1412 2050 403 1640 2039 642 Stage 1 - - -- - - 751 751 - 1217 1217 - Stage 2 - - -- - - 661 1299 - 423 822 - Critical Hdwy 4.2 - - 4.2 - - 7.6 6.6 7 7.6 6.6 7 Critical Hdwy Stg 1 - - -- - - 6.6 5.6 - 6.6 5.6 - Critical Hdwy Stg 2 - - -- - - 6.6 5.6 - 6.6 5.6 - Follow-up Hdwy 2.25 - - 2.25 - - 3.55 4.05 3.35 3.55 4.05 3.35 Pot Cap-1 Maneuver 524 - - 800 - - ~ 95 ~ 53 589 ~ 64 ~ 54 410 Stage 1 - - - - - - 362 409 - 187 246 - Stage 2 - - -- - - 411 224 - 571 379 - Platoon blocked, %- -- - Mov Cap-1 Maneuver 523 - - 798 - -- ~ 48 587 - ~ 49 408 Mov Cap-2 Maneuver - - -- - -- ~ 48 -- ~ 49 - Stage 1 - - -- - - 347 392 - 179 233 - Stage 2 - - -- - - ~ 108 212 - 344 364 - Approach EB WB NB SB HCM Control Delay, s 0.3 0.3 HCM LOS -- Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h)- 523 - - 798 - - - HCM Lane V/C Ratio - 0.021 - - 0.014 - - - HCM Control Delay (s)$12 0.2 - 9.6 0.2 -$ HCM Lane LOS - B A - A A - - HCM 95th %tile Q(veh) - 0.1 - - 0 - - - Notes ~: Volume exceeds capacity $: Delay exceeds 300s +: Computation Not Defined *: All major volume in platoon HCM 2010 AWSC 1: Cornelia Ave & Jensen Ave Fresno GPA and Rezone IS Fehr & Peers Synchro 9 Report 10/18/2017 Intersection Intersection Delay, s/veh 13.6 Intersection LOS B Movement EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR Lane Configurations Traffic Vol, veh/h 0 10 276 10 0 27 217 10 0 10 30 16 Future Vol, veh/h 0 10 276 10 0 27 217 10 0 10 30 16 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %2 22 22 22 2 22 22 22 2 22 22 22 Mvmt Flow 0 11 300 11 0 29 236 11 0 11 33 17 Number of Lanes 001000110010 Approach EB WB NB Opposing Approach WB EB SB Opposing Lanes 2 1 1 Conflicting Approach Left SB NB EB Conflicting Lanes Left 1 1 1 Conflicting Approach Right NB SB WB Conflicting Lanes Right 1 1 2 HCM Control Delay 14.6 14 10.2 HCM LOS B B B Lane NBLn1 EBLn1 WBLn1 WBLn2 SBLn1 Vol Left, %18% 3% 11% 0% 53% Vol Thru, %54% 93% 89% 0% 37% Vol Right, % 29% 3% 0% 100% 11% Sign Control Stop Stop Stop Stop Stop Traffic Vol by Lane 56 296 244 10 190 LT Vol 10 10 27 0 100 Through Vol 30 276 217 0 70 RT Vol 16 10 0 10 20 Lane Flow Rate 61 322 265 11 207 Geometry Grp 25772 Degree of Util (X) 0.107 0.51 0.459 0.017 0.354 Departure Headway (Hd)6.354 5.71 6.23 5.465 6.176 Convergence, Y/N Yes Yes Yes Yes Yes Cap 562 631 578 654 582 Service Time 4.414 3.748 3.969 3.203 4.223 HCM Lane V/C Ratio 0.109 0.51 0.458 0.017 0.356 HCM Control Delay 10.2 14.6 14.2 8.3 12.6 HCM Lane LOS BBBAB HCM 95th-tile Q 0.4 2.9 2.4 0.1 1.6 Cumulative Plus Project Conditions (MITIGATED) AM Peak Hour HCM 2010 AWSC 1: Cornelia Ave & Jensen Ave Fresno GPA and Rezone IS Fehr & Peers Synchro 9 Report 10/18/2017 Intersection Intersection Delay, s/veh Intersection LOS Movement SBU SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 100 70 20 Future Vol, veh/h 0 100 70 20 Peak Hour Factor 0.92 0.92 0.92 0.92 Heavy Vehicles, %2 22 22 22 Mvmt Flow 0 109 76 22 Number of Lanes 0010 Approach SB Opposing Approach NB Opposing Lanes 1 Conflicting Approach Left WB Conflicting Lanes Left 2 Conflicting Approach Right EB Conflicting Lanes Right 1 HCM Control Delay 12.6 HCM LOS B Cumulative Plus Project Conditions (MITIGATED) AM Peak Hour HCM 2010 AWSC Cumulative Plus Project Conditions (MITIGATED) 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Intersection Delay, s/veh 13.5 Intersection LOS B Movement EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR Lane Configurations Traffic Vol, veh/h 0 80 302 10 0 10 213 20 0 20 20 10 Future Vol, veh/h 0 80 302 10 0 10 213 20 0 20 20 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %2 26 26 26 2 26 26 26 2 26 26 26 Mvmt Flow 0 87 328 11 0 11 232 22 0 22 22 11 Number of Lanes 001000100010 Approach EB WB NB Opposing Approach WB EB SB Opposing Lanes 1 1 1 Conflicting Approach Left SB NB EB Conflicting Lanes Left 1 1 1 Conflicting Approach Right NB SB WB Conflicting Lanes Right 1 1 1 HCM Control Delay 15.7 11.6 9.9 HCM LOS C B A Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, %40% 20% 4% 43% Vol Thru, %40% 77% 88% 43% Vol Right, % 20% 3% 8% 14% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 50 392 243 70 LT Vol 20 80 10 30 Through Vol 20 302 213 30 RT Vol 10 10 20 10 Lane Flow Rate 54 426 264 76 Geometry Grp 1111 Degree of Util (X) 0.095 0.602 0.383 0.132 Departure Headway (Hd)6.274 5.088 5.218 6.259 Convergence, Y/N Yes Yes Yes Yes Cap 574 703 681 576 Service Time 4.277 3.169 3.309 4.262 HCM Lane V/C Ratio 0.094 0.606 0.388 0.132 HCM Control Delay 9.9 15.7 11.6 10.2 HCM Lane LOS A C B B HCM 95th-tile Q 0.3 4.1 1.8 0.5 HCM 2010 AWSC Cumulative Plus Project Conditions (MITIGATED) 2: Brawley Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Intersection Delay, s/veh Intersection LOS Movement SBU SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 30 30 10 Future Vol, veh/h 0 30 30 10 Peak Hour Factor 0.92 0.92 0.92 0.92 Heavy Vehicles, %2 26 26 26 Mvmt Flow 0 33 33 11 Number of Lanes 0010 Approach SB Opposing Approach NB Opposing Lanes 1 Conflicting Approach Left WB Conflicting Lanes Left 1 Conflicting Approach Right EB Conflicting Lanes Right 1 HCM Control Delay 10.2 HCM LOS B HCM 2010 Signalized Intersection Summary 3: Marks Ave & Jensen Ave Fresno GPA and Rezone IS Fehr & Peers Synchro 9 Report 10/18/2017 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 40 352 40 40 243 140 20 300 30 280 250 40 Future Volume (veh/h) 40 352 40 40 243 140 20 300 30 280 250 40 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 0 00000000000 Ped-Bike Adj(A_pbT) 1.00 0.97 1.00 0.97 1.00 0.98 1.00 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1712 1712 1900 1712 1712 1712 1712 1712 1900 1712 1712 1900 Adj Flow Rate, veh/h 43 383 39 43 264 32 22 326 29 304 272 38 Adj No. of Lanes 1 10111110210 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 11 11 11 11 11 11 11 11 11 11 11 11 Cap, veh/h 63 453 46 63 509 421 40 407 36 390 531 74 Arrive On Green 0.04 0.30 0.30 0.04 0.30 0.30 0.02 0.26 0.26 0.12 0.36 0.36 Sat Flow, veh/h 1630 1524 155 1630 1712 1417 1630 1547 138 3163 1465 205 Grp Volume(v), veh/h 43 0 422 43 264 32 22 0 355 304 0 310 Grp Sat Flow(s),veh/h/ln1630 0 1679 1630 1712 1417 1630 0 1685 1581 0 1669 Q Serve(g_s), s 2.0 0.0 18.5 2.0 10.1 1.3 1.0 0.0 15.4 7.3 0.0 11.4 Cycle Q Clear(g_c), s 2.0 0.0 18.5 2.0 10.1 1.3 1.0 0.0 15.4 7.3 0.0 11.4 Prop In Lane 1.00 0.09 1.00 1.00 1.00 0.08 1.00 0.12 Lane Grp Cap(c), veh/h 63 0 499 63 509 421 40 0 444 390 0 605 V/C Ratio(X) 0.68 0.00 0.85 0.68 0.52 0.08 0.56 0.00 0.80 0.78 0.00 0.51 Avail Cap(c_a), veh/h 152 0 659 110 628 520 122 0 627 520 0 770 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh37.3 0.0 25.9 37.3 22.9 19.8 37.9 0.0 27.0 33.4 0.0 19.6 Incr Delay (d2), s/veh 12.1 0.0 7.8 12.1 0.8 0.1 11.6 0.0 4.9 5.4 0.0 0.7 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln1.1 0.0 9.6 1.1 4.9 0.5 0.6 0.0 7.8 3.5 0.0 5.4 LnGrp Delay(d),s/veh 49.4 0.0 33.7 49.4 23.8 19.9 49.5 0.0 31.9 38.8 0.0 20.3 LnGrp LOS D C D C B D C D C Approach Vol, veh/h 465 339 377 614 Approach Delay, s/veh 35.1 26.6 33.0 29.5 Approach LOS DCCC Timer 1 2345678 Assigned Phs 1 2345678 Phs Duration (G+Y+Rc), s14.8 26.1 8.1 29.5 7.0 33.8 8.1 29.5 Change Period (Y+Rc), s 5.1 5.4 5.1 6.2 5.1 5.4 5.1 6.2 Max Green Setting (Gmax), s12.9 29.2 5.3 30.8 5.9 36.2 7.3 28.8 Max Q Clear Time (g_c+I1), s9.3 17.4 4.0 20.5 3.0 13.4 4.0 12.1 Green Ext Time (p_c), s 0.4 3.0 0.0 2.8 0.0 3.9 0.0 3.5 Intersection Summary HCM 2010 Ctrl Delay 31.1 HCM 2010 LOS C Cumulative Plus Project Conditions (MITIGATED) AM Peak Hour HCM 2010 Signalized Intersection Summary Cumulative Plus Project Conditions (MITIGATED) 4: West Ave & Jensen Ave AM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 40 1031 180 10 472 90 100 150 10 100 80 20 Future Volume (veh/h) 40 1031 180 10 472 90 100 150 10 100 80 20 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 0.98 1.00 0.98 1.00 0.98 1.00 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1696 1696 1900 1696 1696 1900 1696 1696 1900 1696 1696 1900 Adj Flow Rate, veh/h 43 1121 184 11 513 84 109 163 9 109 87 12 Adj No. of Lanes 120120110110 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 12 12 12 12 12 12 12 12 12 12 12 12 Cap, veh/h 62 1372 224 22 1305 213 135 222 12 135 203 28 Arrive On Green 0.04 0.50 0.50 0.01 0.47 0.47 0.08 0.14 0.14 0.08 0.14 0.14 Sat Flow, veh/h 1616 2764 452 1616 2765 451 1616 1591 88 1616 1456 201 Grp Volume(v), veh/h 43 652 653 11 298 299 109 0 172 109 0 99 Grp Sat Flow(s),veh/h/ln 1616 1612 1604 1616 1612 1604 1616 0 1679 1616 0 1656 Q Serve(g_s), s 2.1 27.9 28.2 0.6 9.8 9.9 5.4 0.0 8.0 5.4 0.0 4.5 Cycle Q Clear(g_c), s 2.1 27.9 28.2 0.6 9.8 9.9 5.4 0.0 8.0 5.4 0.0 4.5 Prop In Lane 1.00 0.28 1.00 0.28 1.00 0.05 1.00 0.12 Lane Grp Cap(c), veh/h 62 800 796 22 760 757 135 0 234 135 0 231 V/C Ratio(X)0.70 0.81 0.82 0.50 0.39 0.40 0.81 0.00 0.74 0.81 0.00 0.43 Avail Cap(c_a), veh/h 150 924 920 101 875 871 180 0 560 180 0 552 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 38.8 17.4 17.4 40.0 14.0 14.0 36.8 0.0 33.7 36.8 0.0 32.1 Incr Delay (d2), s/veh 13.3 5.0 5.3 16.8 0.3 0.3 17.7 0.0 4.5 17.7 0.0 1.3 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 1.2 13.4 13.5 0.3 4.4 4.4 3.1 0.0 4.0 3.1 0.0 2.1 LnGrp Delay(d),s/veh 52.0 22.4 22.7 56.8 14.3 14.3 54.4 0.0 38.1 54.4 0.0 33.4 LnGrp LOS D C C E B B D D D C Approach Vol, veh/h 1348 608 281 208 Approach Delay, s/veh 23.5 15.1 44.5 44.4 Approach LOS C B D D Timer 12345678 Assigned Phs 12345678 Phs Duration (G+Y+Rc), s 11.9 16.8 6.2 46.7 11.9 16.8 8.2 44.7 Change Period (Y+Rc), s 5.1 5.4 5.1 6.2 5.1 5.4 5.1 6.2 Max Green Setting (Gmax), s 9.1 27.2 5.1 46.8 9.1 27.2 7.6 44.3 Max Q Clear Time (g_c+I1), s 7.4 10.0 2.6 30.2 7.4 6.5 4.1 11.9 Green Ext Time (p_c), s 0.0 1.3 0.0 10.3 0.0 1.4 0.0 15.0 Intersection Summary HCM 2010 Ctrl Delay 25.6 HCM 2010 LOS C HCM 2010 AWSC Cumulative Plus Project Conditions (MITIGATED) 1: Cornelia Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 10/18/2017 Intersection Intersection Delay, s/veh 17.4 Intersection LOS C Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 30 383 10 19 315 230 10 120 42 10 30 10 Future Vol, veh/h 30 383 10 19 315 230 10 120 42 10 30 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %777777777777 Mvmt Flow 33 416 11 21 342 250 11 130 46 11 33 11 Number of Lanes 010011010010 Approach EB WB NB SB Opposing Approach WB EB SB NB Opposing Lanes 2111 Conflicting Approach Left SB NB EB WB Conflicting Lanes Left 1112 Conflicting Approach Right NB SB WB EB Conflicting Lanes Right 1121 HCM Control Delay 22.8 15.3 13 11 HCM LOS C C B B Lane NBLn1 EBLn1 WBLn1 WBLn2 SBLn1 Vol Left, % 6% 7% 6% 0% 20% Vol Thru, % 70% 91% 94% 0% 60% Vol Right, % 24% 2% 0% 100% 20% Sign Control Stop Stop Stop Stop Stop Traffic Vol by Lane 172 423 334 230 50 LT Vol 10 30 19 0 10 Through Vol 120 383 315 0 30 RT Vol 42 10 0 230 10 Lane Flow Rate 187 460 363 250 54 Geometry Grp 25772 Degree of Util (X) 0.34 0.731 0.613 0.371 0.106 Departure Headway (Hd) 6.548 5.721 6.083 5.343 7.052 Convergence, Y/N Yes Yes Yes Yes Yes Cap 546 630 592 670 504 Service Time 4.622 3.776 3.842 3.102 5.152 HCM Lane V/C Ratio 0.342 0.73 0.613 0.373 0.107 HCM Control Delay 13 22.8 18.1 11.3 11 HCM Lane LOS B C C B B HCM 95th-tile Q 1.5 6.3 4.1 1.7 0.4 HCM 2010 AWSC Cumulative Plus Project Conditions (MITIGATED) 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Intersection Delay, s/veh 23.9 Intersection LOS C Movement EBU EBL EBT EBR WBU WBL WBT WBR NBU NBL NBT NBR Lane Configurations Traffic Vol, veh/h 0 50 325 10 0 10 454 60 0 40 50 10 Future Vol, veh/h 0 50 325 10 0 10 454 60 0 40 50 10 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Heavy Vehicles, %266626662666 Mvmt Flow 0 54 353 11 0 11 493 65 0 43 54 11 Number of Lanes 001000100010 Approach EB WB NB Opposing Approach WB EB SB Opposing Lanes 1 1 1 Conflicting Approach Left SB NB EB Conflicting Lanes Left 1 1 1 Conflicting Approach Right NB SB WB Conflicting Lanes Right 1 1 1 HCM Control Delay 19.3 32.4 12 HCM LOS C D B Lane NBLn1 EBLn1 WBLn1 SBLn1 Vol Left, %40% 13% 2% 8% Vol Thru, %50% 84% 87% 17% Vol Right, % 10% 3% 11% 75% Sign Control Stop Stop Stop Stop Traffic Vol by Lane 100 385 524 120 LT Vol 40 50 10 10 Through Vol 50 325 454 20 RT Vol 10 10 60 90 Lane Flow Rate 109 418 570 130 Geometry Grp 1111 Degree of Util (X) 0.214 0.661 0.856 0.238 Departure Headway (Hd)7.085 5.689 5.412 6.57 Convergence, Y/N Yes Yes Yes Yes Cap 509 628 661 549 Service Time 5.093 3.789 3.501 4.578 HCM Lane V/C Ratio 0.214 0.666 0.862 0.237 HCM Control Delay 12 19.3 32.4 11.6 HCM Lane LOS B C D B HCM 95th-tile Q 0.8 4.9 9.8 0.9 HCM 2010 AWSC Cumulative Plus Project Conditions (MITIGATED) 2: Brawley Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Intersection Intersection Delay, s/veh Intersection LOS Movement SBU SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 10 20 90 Future Vol, veh/h 0 10 20 90 Peak Hour Factor 0.92 0.92 0.92 0.92 Heavy Vehicles, %2666 Mvmt Flow 0 11 22 98 Number of Lanes 0010 Approach SB Opposing Approach NB Opposing Lanes 1 Conflicting Approach Left WB Conflicting Lanes Left 1 Conflicting Approach Right EB Conflicting Lanes Right 1 HCM Control Delay 11.6 HCM LOS B HCM 2010 Signalized Intersection Summary Cumulative Plus Project Conditions (MITIGATED) 3: Marks Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 10/18/2017 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 30 324 20 20 473 270 70 330 20 170 310 30 Future Volume (veh/h) 30 324 20 20 473 270 70 330 20 170 310 30 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 0 00000000000 Ped-Bike Adj(A_pbT) 1.00 0.98 1.00 0.98 1.00 0.98 1.00 0.97 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1810 1810 1900 1810 1810 1810 1810 1810 1900 1810 1810 1900 Adj Flow Rate, veh/h 33 352 20 22 514 84 76 359 20 185 337 30 Adj No. of Lanes 1 10111110210 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 5 55555555555 Cap, veh/h 56 599 34 42 625 518 97 459 26 267 480 43 Arrive On Green 0.03 0.35 0.35 0.02 0.35 0.35 0.06 0.27 0.27 0.08 0.29 0.29 Sat Flow, veh/h 1723 1693 96 1723 1810 1500 1723 1697 95 3343 1634 145 Grp Volume(v), veh/h 33 0 372 22 514 84 76 0 379 185 0 367 Grp Sat Flow(s),veh/h/ln1723 0 1790 1723 1810 1500 1723 0 1791 1672 0 1779 Q Serve(g_s), s 1.5 0.0 13.6 1.0 20.8 3.1 3.5 0.0 15.7 4.3 0.0 14.7 Cycle Q Clear(g_c), s 1.5 0.0 13.6 1.0 20.8 3.1 3.5 0.0 15.7 4.3 0.0 14.7 Prop In Lane 1.00 0.05 1.00 1.00 1.00 0.05 1.00 0.08 Lane Grp Cap(c), veh/h 56 0 633 42 625 518 97 0 484 267 0 523 V/C Ratio(X) 0.59 0.00 0.59 0.53 0.82 0.16 0.78 0.00 0.78 0.69 0.00 0.70 Avail Cap(c_a), veh/h 110 0 875 122 898 744 191 0 746 413 0 763 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 0.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh38.3 0.0 21.1 38.7 24.0 18.2 37.4 0.0 27.1 35.9 0.0 25.2 Incr Delay (d2), s/veh 9.5 0.0 0.9 10.0 4.2 0.1 12.8 0.0 3.0 3.2 0.0 1.7 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln0.9 0.0 6.9 0.6 11.0 1.3 2.0 0.0 8.2 2.1 0.0 7.5 LnGrp Delay(d),s/veh 47.8 0.0 22.0 48.7 28.2 18.3 50.2 0.0 30.0 39.2 0.0 26.9 LnGrp LOS D C D C B D C D C Approach Vol, veh/h 405 620 455 552 Approach Delay, s/veh 24.1 27.6 33.4 31.0 Approach LOS CCCC Timer 1 2345678 Assigned Phs 1 2345678 Phs Duration (G+Y+Rc), s11.5 27.1 7.0 34.6 9.6 29.0 7.7 33.9 Change Period (Y+Rc), s 5.1 5.4 5.1 6.2 5.1 5.4 5.1 6.2 Max Green Setting (Gmax), s9.9 33.4 5.7 39.2 8.9 34.4 5.1 39.8 Max Q Clear Time (g_c+I1), s6.3 17.7 3.0 15.6 5.5 16.7 3.5 22.8 Green Ext Time (p_c), s 0.2 3.9 0.0 5.4 0.0 4.1 0.0 4.9 Intersection Summary HCM 2010 Ctrl Delay 29.1 HCM 2010 LOS C HCM 2010 Signalized Intersection Summary Cumulative Plus Project Conditions (MITIGATED) 4: West Ave & Jensen Ave PM Peak Hour Fresno GPA and Rezone IS Synchro 9 Report Fehr & Peers 06/09/2017 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Volume (veh/h) 10 604 130 10 1023 150 200 130 10 150 150 30 Future Volume (veh/h) 10 604 130 10 1023 150 200 130 10 150 150 30 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 000000000000 Ped-Bike Adj(A_pbT) 1.00 0.98 1.00 0.98 1.00 0.98 1.00 0.98 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Adj Sat Flow, veh/h/ln 1810 1810 1900 1810 1810 1900 1810 1810 1900 1810 1810 1900 Adj Flow Rate, veh/h 11 657 125 11 1112 152 217 141 9 163 163 24 Adj No. of Lanes 120120110110 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, %555555555555 Cap, veh/h 23 1274 242 23 1345 183 253 296 19 198 222 33 Arrive On Green 0.01 0.44 0.44 0.01 0.44 0.44 0.15 0.18 0.18 0.12 0.14 0.14 Sat Flow, veh/h 1723 2871 545 1723 3030 413 1723 1681 107 1723 1538 226 Grp Volume(v), veh/h 11 393 389 11 630 634 217 0 150 163 0 187 Grp Sat Flow(s),veh/h/ln 1723 1719 1698 1723 1719 1725 1723 0 1788 1723 0 1764 Q Serve(g_s), s 0.5 14.3 14.3 0.5 27.9 28.0 10.6 0.0 6.5 8.0 0.0 8.8 Cycle Q Clear(g_c), s 0.5 14.3 14.3 0.5 27.9 28.0 10.6 0.0 6.5 8.0 0.0 8.8 Prop In Lane 1.00 0.32 1.00 0.24 1.00 0.06 1.00 0.13 Lane Grp Cap(c), veh/h 23 763 753 23 763 765 253 0 315 198 0 255 V/C Ratio(X) 0.48 0.52 0.52 0.48 0.83 0.83 0.86 0.00 0.48 0.82 0.00 0.73 Avail Cap(c_a), veh/h 99 829 819 99 829 832 308 0 555 288 0 527 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(I) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 1.00 1.00 0.00 1.00 Uniform Delay (d), s/veh 42.4 17.4 17.4 42.4 21.2 21.2 36.1 0.0 32.1 37.5 0.0 35.5 Incr Delay (d2), s/veh 14.4 0.5 0.6 14.4 6.4 6.6 17.8 0.0 1.1 11.7 0.0 4.1 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/ln 0.4 6.9 6.8 0.4 14.5 14.6 6.3 0.0 3.3 4.4 0.0 4.5 LnGrp Delay(d),s/veh 56.8 17.9 17.9 56.8 27.6 27.8 53.9 0.0 33.2 49.2 0.0 39.6 LnGrp LOS EBBECCD CD D Approach Vol, veh/h 793 1275 367 350 Approach Delay, s/veh 18.5 27.9 45.4 44.0 Approach LOS B C D D Timer 12345678 Assigned Phs 12345678 Phs Duration (G+Y+Rc), s 15.1 20.7 6.3 44.7 17.8 17.9 6.3 44.7 Change Period (Y+Rc), s 5.1 5.4 5.1 6.2 5.1 5.4 5.1 6.2 Max Green Setting (Gmax), s 14.5 26.9 5.0 41.8 15.5 25.9 5.0 41.8 Max Q Clear Time (g_c+I1), s 10.0 8.5 2.5 16.3 12.6 10.8 2.5 30.0 Green Ext Time (p_c), s 0.2 1.7 0.0 14.3 0.2 1.5 0.0 8.4 Intersection Summary HCM 2010 Ctrl Delay 29.6 HCM 2010 LOS C Comment Letters 1.California Department of Fish and Wildlife, October 5, 2017 2.California Department of Transportation (Caltrans), October 6, 2017 3.Fresno County, October 9, 2017 4.San Joaquin Valley Air Pollution Control District, October 9, 2017 5.San Joaquin Valley Air Pollution Control District, October 12, 2017 6.James Quist, October 18, 2017 1 Ricky Caperton From:Padilla, Dave@DOT <dave.padilla@dot.ca.gov> Sent:Friday, October 06, 2017 3:53 PM To:Mike Sanchez Cc:state.clearinghouse (state.clearinghouse@opr.ca.gov) Subject:Rendering Plant Relocation Project (SCH 2017091020) Hello Mike, We have no concerns with the proposed project. Thank you David Padilla, Associate Transportation Planner Office of Planning & Local Assistance 1352 W. Olive Avenue Fresno, CA 93778‐2616 Office: (559) 444‐2493, Fax: (559) 445‐5875 District 6 DEVELOPMENT SERVICES DIVISION 2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 600-4497 / 600-4022 / 600-4540 / FAX 600-4200 The County of Fresno is an Equal Employment Opportunity Employer DEPARTMENT OF PUBLIC WORKS AND PLANNING STEVEN E. WHITE, DIRECTOR October 9, 2017 Mike Sanchez, AICP, MCRP, Assistant Director Development and Resource Management 2600 Fresno St. Room 3065 Fresno, CA 93721 SUBJECT: City of Fresno Rendering Plan Relocation Project Dear Mr. Sanchez, The County of Fresno appreciates the opportunity to review and comment on the subject Initial Study/Mitigated Negative Declaration (IS/MND). Fresno County requests that the following comments are considered prior to adoption of the MND: Transportation/Traffic: It is anticipated that project’s operation would use an average of 75 trucks per day, or 150 truck trips per day; total trips projected to generate approximately 273 daily trips. It would typically operate 24 hours per day, 6 to 7 days per week. Two dedicated access points would be provided for the site: Jensen Avenue would serve as the dedicated truck route, and all trucks would access the project site from Jensen Avenue and employees and sales calls would access the site via Cornelia Avenue. This project impacts Fresno County Roadways and Intersections. Fresno County General Plan Policy TR-A.2 states that:  The County shall plan and design its roadway system in a manner that strives to meet Level of Service (LOS) D on urban roadways within the spheres of influence of the cities of Fresno and Clovis and LOS C on all other roadways in the county.  In no case should the County plan for worse than LOS D on rural County roadways, worse than LOS E on urban roadways within the spheres of influence of the cities of Fresno and Clovis, or in cooperation with Caltrans and the Council of Fresno County Governments, plan for worse than LOS E on State highways in the county. In addition, a project is considered to have a significant impact if its traffic, when added to the traffic of the without-project condition, would cause any of the changes in traffic conditions described below: 1) On roadway segments: a) Cause a roadway that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the V/C ratio (on a directional peak hour basis) to increase by more than 0.05 on a roadway that is already operating at an unacceptable LOS. It should be City of Fresno Rendering Plant Relocation Project October 9, 2017 Page 2 of 3 noted that a decrease from an unacceptable LOS to a lesser LOS (e.g. from LOS D to LOS E in County areas) is not considered an impact unless the corresponding V/C ratio increase is greater than 0.05. 2) At signalized intersections: a) Cause an intersection that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the average delay to increase by more than 5.0 seconds at a signalized intersection that is operating at an unacceptable LOS. 3) At unsignalized intersections, including all-way stop, minor approach stop, and roundabouts: a) Cause a movement or approach that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the average delay to increase by more than 5.0 seconds on a movement or approach that is operating at an unacceptable LOS. It should be noted that a decrease from an unacceptable LOS to a lesser LOS (e.g. from LOS D to LOS E in County areas) is not considered an impact unless the corresponding delay increase is greater than 5.0 seconds. Area outside of City Limits/Sphere of Influence is considered a rural setting where the acceptable LOS would be C for the roadways w ithin the County’s Jurisdiction. The report should be revised accordingly. The report does not address impacts to the pavement as result of the increased Truck traffic i.e. Traffic Index Analysis. The project is expected to generate a high volume of truck traffic and all of which would travel EB/WB on Jensen Avenue to the project site. Pavement impacts are analyzed based on a comparison of the traffic index with the project to the traffic index without the project. The traffic index is described in detail, and shall be calculated as outlined, in the most recent edition of the Caltrans Highway Design Manual. A 20-year traffic index shall be provided and if the project truck causes the traffic index to be increased by 0.5 or more than the project would cause a significant impact and project would need to mitigate the impact. County requests the following items:  Trip Generation - Provide County with justification for the number of truck trip for this type of operations. County staff was not included in any discussions regarding trip generation and distribution  Traffic Index Analysis on the following road segments: Jensen From East of Marks Avenue to Project Site (west of Cornelia)  Intersection analysis per County LOS standard  A left turn analysis on Jensen Avenue at project site access  A right turn acceleration lane analysis on Jensen at project site access.  Any modifications to the scope of the project listed above, the traffic impact would need to be revised and County staff should be included in developing the scope of the project since County roadways and intersections are being impacted.  Since the project impacts County Roadway, County should be included in any discussion related to a fair-share cost for the mitigations identified in the Report. Intersection/ Mitigation Measure as Identified by the Traffic Study: 1. Jensen Avenue/ Cornelia Avenue (100 % County’s Jurisdiction) – Mitigation: Install all- way stop control; 2. Jensen Avenue/ Brawley Avenue(100 % County’s Jurisdiction) – Mitigation: Install all- way stop control. City of Fresno Rendering Plant Relocation Project October 9, 2017 Page 3 of 3 3. Jensen Avenue/ Marks Avenue (100 % County’s Jurisdiction) – Mitigations: Install Traffic signal control with protected let-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn lane, one through lane, and one right-turn lane on the southbound approach;  One left-turn and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and one right-turn lane on the westbound approach. 4. Jensen Avenue/ West Avenue (25% County’s Jurisdiction) – Mitigations: Install Traffic signal control with protected let-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn and a shared through/right-turn lane on the southbound approach;  One left-turn lane, one through lane, and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and a shared through/right-turn lane on the westbound approach. We appreciate the opportunity to comment on the project. If you have any questions, you may e-mail me at cmonfette@co.fresno.ca.us or contact me at (559) 600-4245. Sincerely, Christina Monfette, Planner Development Services Division CMM: G:\4360Devs&Pln\EnvPlan\OAR\City of Fresno\Rendering Plant Relocation\Comment Letter.docx c: Bernard Jimenez, Deputy Director of Planning William M. Kettler, Development Services Division Chris Motta, Development Services Division Marianne Mollring, Senior Planner City of Fresno Rendering Plant Relocation Project 1-1 1 INTRODUCTION 1.1 MITIGATION MONITORING AND REPORTING PLAN In compliance with the State CEQA Guidelines §15097 (a), when significant effects are identified in an Environmental Impact Report (EIR) or negative declaration, the Lead Agency is required to adopt a program for reporting or monitoring mitigation measures that were adopted or made conditions of approval for the proposed project. This Mitigation Monitoring and Reporting Plan (MMRP) has been developed for the Rendering Plant Relocation project, consistent with the requirements of §15097. The intent of the MMRP is to prescribe and enforce a means for properly and successfully implementing the mitigation measures identified within the Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the applicant shall be responsible for complying with and paying for all mitigation measures identified herein. 1.2 COMPLIANCE CHECKLIST The intent of the MMRP is to ensure the effective implementation and enforcement of adopted mitigation measures and permit conditions. The MMRP is intended to be used by City of Fresno (City) staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were included in the IS/MND prepared for the proposed project. The MMRP will provide for monitoring of construction activities and in-the-field identification and resolution of environmental concerns. Monitoring and documenting the implementation of mitigation measures will be coordinated by the City. The table attached to this report identifies the mitigation measure, the agency responsible for implementing and/or monitoring the action, and timing of the monitoring action. The City will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMRP and for ensuring compliance. 1.2.1 Mitigation Monitoring and Reporting Plan The following table indicates the mitigation measure number, the mitigation measure text, the monitoring agency, implementation timing, and an area to record monitoring compliance. Note that changes made since the IS/MND was released to the public are identified using strikethrough text for deleted text and double-underline text for added text. Mitigation Monitoring and Reporting Plan City of Fresno 1-2 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) 3.1 Aesthetics Mitigation Measure AES-1 A detailed lighting plan shall be developed, which demonstrates that all exterior lighting is directed downward and includes full shielding to minimize light pollution and to minimize light spillage onto adjacent properties. All lighting shall be consistent with International Dark Sky Standards (IDSS). The City’s Development and Resource Management will review and approve the lighting plan prior to issuance of building permits. City Development and Resource Management Department Prior to issuance of building permits 4.3 Air Quality Mitigation Measure AIR-1 The project proponent shall retain a qualified air quality specialist to prepare an odor management plan. This odor management plan will include measures to minimize the potential for substantial odor increase at residences within one mile of the project site. These measures will include those measures in the Odor Control Plan to be submitted to SJVAPCD as part of the permit requirements, but may include additional measures, if necessary, to minimize odor generation such that the potential for project-related odor complaints from existing residents would be reduced to the degree feasible. Such measures may include (but would not be limited to) mechanically operating doors, odor detection and notification system, other mechanical upgrades, and an odor monitoring and response plan, which would involve regular (at least annual) outreach to all residents within 1 mile of the project site to verify that project-related odor is not a nuisance. The plan shall identify appropriate response actions to correct any verified odor issues. SJVAPCD City Development and Resource Management Department Prior to and during operation 4.4 Biological Resources Mitigation Measure BIO-1 To avoid, minimize, and mitigate potential impacts on Swainson’s hawk nesting on or adjacent to the project site, the project proponent shall retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 0.5 mile of the project site for prior to construction activities conducted during the breeding season The surveys shall be conducted no more than 30 days before the beginning of construction. Surveys shall be conducted consistent with the methodology, survey periods, and other requirements specified in the Swainson’s Hawk Technical Advisory Committee Recommended Timing and Methodology document (2000). When construction occurs during the breeding season (March 1 through August 31September 15), a pre-construction survey for active nests shall be conducted no more than 10 days prior to the start of construction. If no nests are found, no further mitigation will be required. If active Swainson’s hawk nests are found within the nest survey area, the construction contractor shall avoid impacts on such CDFW City Development and Resource Management Department Prior to initiating and during grading or other groundwork Mitigation Monitoring and Reporting Plan City of Fresno Rendering Plant Relocation Project 1-3 Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) nests by establishing appropriate buffers around active nest sites identified during preconstruction raptor surveys. No project activity shall commence within the buffer areas until a qualified biologist has determined, in coordination with California Department of Fish and Wildlife (CDFW), the young have fledged, the nest is no longer active, or reducing the buffer would not result in nest abandonment. CDFW guidelines recommend implementation of a 0.25- or 0.5-mile-wide buffers for Swainson’s hawk nests, but the size of the buffer may be decreased if a qualified biologist and the City, in consultation with CDFW, determine that such an adjustment would not be likely to adversely affect the nest. No construction activity shall occur within the buffer area of a particular nest until a qualified biologist, in consultation with CDFW, confirms that the chicks have fledged or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. Mitigation Measure BIO-2 To avoid, minimize, and mitigate potential impacts on burrowing owl, the project proponent shall retain a qualified biologist to conduct focused breeding and/or nonbreeding season surveys for burrowing owls in areas of suitable habitat on and within 1,500 feet of the project site. Surveys willshould be conducted prior to the start of construction activities and in accordancesubstantial compliance with Appendix D of CDFW’s Staff Report on Burrowing Owl Mitigation (2012), to the extent feasible. If no occupied burrows are found, a letter report documenting the survey methods and results will be submitted to the City and CDFW and no further mitigation will be required. If an active burrow is found during the nonbreeding season (September 1 through January 31), owls will be relocated to suitable habitat outside of the project area using passive or active methodologies developed in consultation with CDFW and may include active relocation to preserve areas if approved by CDFW and the preserve managers. No burrowing owls will be excluded from occupied burrows until a burrowing owl exclusion and relocation plan is developed by the project proponent and approved by CDFW. If an active burrow is found during the breeding season (February 1 through August 31), CDFW City Development and Resource Management Department Prior to initiating and during grading or other groundwork Mitigation Monitoring and Reporting Plan City of Fresno 1-4 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) occupied burrows will not be disturbed and will be provided with a 150- to 1,500-foot protective buffer unless a qualified biologist verifies through noninvasive means that either: 1) the birds have not begun egg laying, or 2) juveniles from the occupied burrows are foraging independently and are capable of independent survival. The size of the buffer will depend on the time of year and level of disturbance, as outlined in the CDFW Staff Report (2012, p. 9). Once the fledglings are capable of independent survival, the owls will be relocated to suitable habitat outside the project area in accordance with a burrowing owl exclusion and relocation plan developed in consultation with CDFW and the burrow will be destroyed to prevent owls from reoccupying it. No burrowing owls will be excluded from occupied burrows until a burrowing owl exclusion and relocation plan is approved by CDFW. Following owl exclusion and burrow demolition, the site shall be monitored by a qualified biologist to verify burrowing owls do not recolonize the site prior to construction. If active burrowing owl nests are found on the project site and these nest sites, after abandonment, are lost, after abandonment, as a result of implementing the project, the project proponent shall will mitigate the loss through one of the following mechanisms: A. Permanently conserve in a conservation easement offsite, beyond 50 meters from the impact zone, habitat suitable for burrowing owl at a ratio of 6.5 contiguous acres per lost burrowing owl nest (assuming one pair of owls per nest). Land identified to mitigate for the loss of a burrowing owl nest may be combined with other offsite mitigation requirements of the project if the compensatory habitat is deemed suitable to support the species. The compensatory mitigation habitat shall be approved by the City, in consultations with the California Department of Fish and Wildlife. The conservation easement shall be held by an entity authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3. B. If the project is located within the service area of a California Department of Fish and Wildlife approved burrowing owl conservation bank, the project proponent may purchase available burrowing owl conservation bank credits in lieu of placing offsite habitat into a conservation easement. C. The City may permanently preserve, on lands owned by the City in the immediate vicinity of the project, but not less than 50 meters from the impact site, open space that is suitable habitat for burrowing owls, at a ratio of 6.5 contiguous acres per lost burrowing owl nest (assuming one pair of owls per nest). preservation of other known nest sites in Fresno County, at a minimum ratio of 1:1. The proponent shall develop a habitat monitoring plan for the compensatory mitigation areas. The Mitigation Monitoring and Reporting Plan City of Fresno Rendering Plant Relocation Project 1-5 Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) habitat monitoring plan will include detailed information on the habitats present within the preservation areas, the long-term management and monitoring of these habitats, legal protection for the preservation areas (e.g., conservation easement, declaration of restrictions), and funding mechanism information (e.g., endowment). All burrowing owl mitigation lands shall be preserved in perpetuity and incompatible land uses shall be prohibited in habitat conservation areas. The project proponent shall transfer said burrowing owl mitigation land, through either conservation easement or fee title, to a third-party, nonprofit conservation organization (Conservation Operator), with the City and CDFW named as third-party beneficiaries. The Conservation Operator shall be a qualified conservation easement land manager that manages land as its primary function. Additionally, the Conservation Operator shall be a tax-exempt nonprofit conservation organization that meets the criteria of Civil Code Section 815.3(a) and shall be selected or approved by the City, after consultation with CDFW. The City, after consultation with CDFW and the Conservation Operator, shall approve the content and form of the conservation easement. The City, CDFW, and the Conservation Operator shall each have the power to enforce the terms of the conservation easement. The Conservation Operator shall monitor the easement in perpetuity to ensure compliance with the terms of the easement. Mitigation Measure BIO-3 To avoid, minimize, and mitigate potential impacts on California horned lark, the project proponent shall retain a qualified biologist to conduct preconstruction surveys and identify active nests on and within 300 feet of the project site for construction activities conducted during the California horned lark breeding season (March 1 through July 31). The surveys shall be conducted no more than 30 days before the beginning of construction. If no nests are found, no further mitigation will be required. If an active horned lark nest is found within the nest survey area, the construction contractor shall avoid impacts on such nests by establishing a no-disturbance buffer around the nest. The appropriate buffer size shall be determined by a qualified biologist in consultation with CDFW, based on the nature of the project activity, the extent of existing disturbance in the area, visibility of the disturbance from the nest site, and other relevant circumstances. No construction shall occur within the established buffer area of an active nest until a qualified biologist, in consultation with California Department of Fish and Wildlife, confirms that the chicks have fledged and are no longer dependent upon the nest or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction CDFW City Development and Resource Management Department Prior to initiating and during grading or other groundwork Mitigation Monitoring and Reporting Plan City of Fresno 1-6 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. Mitigation Measure BIO-4 If construction activity, tree removal, trimming, or pruning on the project site is to begin during the nesting season for protected bird species in this region (generally late February through early September), a qualified biologist shall conduct preconstruction surveys in areas of suitable nesting habitat for common raptors and bird species protected by the Migratory Bird Treaty Act or California Fish and Game Code. Surveys shall be conducted no more than 30 days before any ground disturbance is expected to occur and shall extend at least 300 feet from the edge of the disturbance activity for non-raptor bird species and at least 500 feet of project activity for all raptor species potentially nesting in the area. Surveys shall cover potential nesting habitat for tree and shrub nesting species as well as ground nesting species. If no active nests are found, no further mitigation is required. If active nests are found, the construction contractor shall avoid impacts on such nests by establishing a no-disturbance buffer around the nest. The appropriate buffer size for all nesting birds shall be determined by a qualified biologist, in consultation with CDFW, based on the species of nesting bird, nature of the project activity, the extent of existing disturbance in the nest area, visibility of the disturbance from the nest site, and other relevant circumstances. No construction shall occur within the established buffer area of an active nest until a qualified biologist, in consultation with CDFW, confirms that the chicks have fledged and are no longer dependent upon the nest or the nesting cycle has otherwise completed. Monitoring of the nest by a qualified biologist during construction activities shall be required if the activity has the potential to adversely affect the nest. If construction activities cause the nesting bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off the nest, then the no-disturbance buffer shall be increased until the agitated behavior ceases. The exclusionary buffer will remain in place until the chicks have fledged or as otherwise determined by a qualified biologist. CDFW City Development and Resource Management Department Prior to initiating and during grading or other groundwork Mitigation Monitoring and Reporting Plan City of Fresno Rendering Plant Relocation Project 1-7 Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) 3.5 Cultural Resources Mitigation Measure CULT-1 Prior to approval of grading plans, the applicant shall retain a qualified archaeologist to conduct a field survey for archaeological resources. The following procedures shall be followed. If archaeological resources are found during the field survey, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional archaeological resources are found during excavation and/or construction activities, the procedure identified below for the discovery of unknown resources shall be followed. If archaeological resources are not found during the field survey, excavation and/or construction activities can commence. In the event that archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, avoidance and/or minimization measures shall be identified by the monitor and recommended to the City. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the City approves the measures to protect these resources. Any archaeological resources recovered as a result of mitigation shall be provided to a City‐approved institution or person who is capable of providing long‐term preservation to allow future scientific study. City Development and Resource Management Department Prior to approval of grading plans and during construction Mitigation Measure CULT-2 Prior to issuance of grading permits, a qualified paleontologist shall conduct a screening-level site survey to better determine, based on site conditions and geology, the potential for City Development and Resource Prior to issuance of grading permits and Mitigation Monitoring and Reporting Plan City of Fresno 1-8 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) significant paleontological resources to be present at a depth that could be disturbed by proposed activities. If the screening-level site survey indicates that the project site is not likely to include significant paleontological resources at a depth that could be adversely affected by proposed activities, the qualified paleontologist shall submit the findings to the City and no additional mitigation is necessary, grading permits may be issued, and construction may proceed. If the paleontologist finds that the potential for significant paleontologists are likely present and could be affected by proposed activities, the paleontologist shall prepare an adequate mitigation program for avoiding or minimizing adverse impacts to paleontological resources. The program must include (but shall not be limited to): 1) an intensive field survey and surface salvage prior to earth moving, if applicable; 2) monitoring by a qualified paleontological resource monitor of trenching and other disturbance of previously undisturbed soil and a plan for stopping work in areas of finds (including identification of appropriate buffers for restricting construction equipment); 3) salvage of unearthed fossil remains and/or traces (e. g., tracks, trails, burrows, etc.); 4) screen washing to recover small specimens, if applicable; 5) preparation of salvaged fossils to a point of being ready for curation (i.e., removal of enclosing matrix, stabilization and repair of specimens, and construction of reinforced support cradles where appropriate); 6) identification, cataloging, curation, and provision for repository storage of prepared fossil specimens; and 7) a final report of the finds and their significance. All of the steps identified in the program shall be overseen by a qualified paleontologist. The mitigation program shall be submitted to the City and approved prior to issuance of grading permits. Management Department during ground- related construction activities Mitigation Measure CULT-3 If human remains are unearthed during excavation and grading activities of the project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, project proponent will ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the project proponent has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The project proponent will discuss and confer with the descendants all reasonable options County Coroner NAHC During ground- related construction activities Mitigation Monitoring and Reporting Plan City of Fresno Rendering Plant Relocation Project 1-9 Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) regarding the descendants' preferences for treatment. 3.7 Greenhouse Gas Emissions Mitigation Measure GHG-1 To reduce GHG emissions from operation of the project, the project proponent shall implement SJVAPCD-recommended Best Performance Standards (BPS) for stationary equipment., such that a reduction of at least 29 percent is achieved. Such a reduction would reduce the project’s GHG emissions to a level that is considered consistent with State-adopted GHG reduction targets. The application of BPS would, consistent with SJVAPCD guidance, support the determination that the project has a less than significant individual and cumulative impact on global climate change and would not require project specific quantification of GHG emissions. This reduction could be achieved using BPS boilers, steam generators, process heaters, or other stationary sources the rendering plant may use. A complete list of available BPS for stationary equipment, along with their respective GHG emission reduction percentages, can be found on the SJVAPCD’s website (http://www.valleyair.org/Programs/CCAP/bps/BPS_idx.htm) and are attached to the IS as Appendix C. SJVAPCD Prior to SJVAPCD issuance of operations-related air quality permits 3.8 Hazards and Hazardous Materials Mitigation Measure HAZ-1 Prior to initiation of grading or other groundwork, the project proponent shall hire a qualified environmental professional to conduct a Phase I environmental site assessment (ESA), consistent with the American Society for Testing and Materials standards (ASTM E1527). The Phase I ESA will evaluate the likelihood that hazardous chemicals are present and whether soil sampling is necessary. If the Phase I ESA indicates that contamination is unlikely, no further mitigation is necessary other than any recommendations identified in the Phase I ESA (such as stopping work if stained soil is encountered). If the Phase I ESA indicates that additional soil sampling or other further evaluation is necessary, the project proponent shall hire a qualified environmental professional to conduct a Phase II ESA to determine the presence and extent of contamination. The assessment will include soil sampling consistent with DTSC’s guidelines for development of former agricultural properties. (The investigation may include borings and composite samples for organochlorine pesticides and samples for arsenic.) If the results indicate that contamination exists at levels above regulatory action standards, then the site will be remediated in accordance with recommendations made by applicable regulatory agencies, including Fresno County Environmental Health Department, RWQCB, and DTSC. The agencies involved shall depend on the type and extent of contamination. If remediation is necessary, the City Development and Resource Management Department Fresno County Environmental Health Department RWQCB DTSC Prior to initiating grading or other groundwork Mitigation Monitoring and Reporting Plan City of Fresno 1-10 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) applicant shall hire a qualified environmental professional to prepare a work plan that identifies necessary remediation activities, including excavation and removal of on-site contaminated soils, appropriate dust control measures, and redistribution of clean fill material on the project site. The plan shall include measures that ensure the safe transport, use, and disposal of contaminated soil removed from the site. The plan shall also identify when and where soil disturbing construction activities may safely commence. 3.9 Hydrology and Water Quality Mitigation Measure HYD-1 The project proponent shall prepare an on-site drainage plan for review and approval by the City’s utilities department. The plan shall identify on-site stormwater quality and any needed storage features, such as (but not limited to) bioswales, bioretention facilities, and detention facilities. These facilities shall reduce the peak stormwater runoff rates (flowing off the site) to the existing runoff rate, or other appropriate runoff rate consistent with City and County standards, and shall be designed to minimize siltation in stormwater leaving the site. City Utilities Department Prior to initiating grading or other groundwork 3.12 Noise Mitigation Measure NOI-1 The project proponent shall hire a qualified acoustical specialist to prepare a noise minimization plan, which shall identify design strategies and noise attenuation features to reduce noise generated by the proposed project to below 45 dB L50 at the primary outdoor gathering area (i.e., yard associated with the house) of all residences in the vicinity of the project where project operational noise could result in excess noise levels. ensure that the project operational noise would not result in noise levels that violate the County of Fresno Noise Ordinances, or the maximum acceptable noise levels for residential land uses set forth in the Fresno County General Plan Health and Safety Element. The noise minimization plan shall include (but shall not be limited to) a combination of the following measures (or other measures demonstrated to be equally effective) to reduce the effect of noise levels generated by on-site operational noise sources:  Orient the building such that the building serves as a barrier protecting off-site receptors to noise generated by on-site operational equipment including fork lifts, man lifts, pickup trucks, front-end loaders, and delivery trucks. The typical sound level reduction a building could provide ranges from 12 dB with windows open to 27 dB with windows closed (EPA 1978: 11) and additional reduction is achievable if masonry exterior walls are used in the building’s construction (California Department of Transportation 2002:7-37).  Enclose the area where operational equipment would operate with one or more walls. Generally, a barrier that breaks the line of sight between a source and a receiver will City Development and Resource Management Department Prior to approval of final site design Mitigation Monitoring and Reporting Plan City of Fresno Rendering Plant Relocation Project 1-11 Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date) typically result in at least 5 dB of noise reduction. Taller barriers pr ovide increased noise reduction.  Construct a sound barrier along the sides of the project site between the sensitive receptors and the facility. The sound barriers must be constructed of solid material (e.g., wood, brick, adobe, an earthen berm, or combination thereof). Scenic quality factors shall be taken into account during design and the barriers shall be designed to blend into the landscape on the project site, to the extent feasible. Generally, a barrier that breaks the line of sight between a source and a receiver will typically result in at least 5 dB of noise reduction. Taller barriers provide increased noise reduction. Measures identified in the noise minimization plan shall be incorporated into the project design and identified on the site plan. The City shall verify that these measures are included in the site plan prior to approval of the final site plan. 3.16 Traffic and Transportation Mitigation Measure TRAF-1 The project proponent shall be responsible for the project’s proportional share of the improvements identified below. At the discretion of the City of Fresno, the project proponent shall implement one (or a combination of) the following: 1. Pay project’s fair share of traffic impact fees; 2. Pay a fair-share ad-hoc fee; or 3. Construct the improvement with reimbursement or fee credits. Implementation of the following mitigation would result in acceptable intersection operations: Jensen Avenue/Cornelia Avenue  Install all-way stop control with the following lane configurations:  A shared left/through/right-turn lane on the northbound approach;  A shared left/through/right-turn lane on the southbound approach; and  A shared left/through/right-turn lane on the eastbound approach. Jensen Avenue/Brawley Avenue  Install all-way stop control. Jensen Avenue/Marks Avenue  Install traffic signal control with protected left-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach; City Development and Resource Management Department Prior to issuance of grading permits Mitigation Monitoring and Reporting Plan City of Fresno 1-12 Rendering Plant Relocation Project Mitigation Monitoring and Reporting Plan Mitigation Measure Measure Description Monitoring Agency Implementation Schedule Monitoring Compliance Record (Name/Date)  OneTwo left-turn lanes, one through lane, and one right-turn lane on the southbound approach;  One left-turn and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and one right-turn lane on the westbound approach. The improvements outlined above shall be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Jensen Avenue/West Avenue  Install traffic signal control with protected left-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn and a shared through/right-turn lane on the southbound approach;  One left-turn lane, one through lane, and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and a shared through/right-turn lane on the westbound approach. The improvements outlined above shall be coordinated with the planned widening of Jensen Avenue and Marks Avenue, which would include lane transitions through the intersection. Response to Comments received on the Initial Study/Mitigated Negative Declaration for the Fresno Rendering Plant Relocation Project, dated September 2017. Date of Letter Party Commenting Comment Applicable IS/MND Section Response October 6, 2017 Caltrans, District 6 Office of Planning & Local Assistance David Padilla, Associate Transportation Planner “We have no concerns with the proposed project.” -- No response required. October 5, 20117 California Department of Fish and Wildlife, Central Region Julie A. Vance, Regional Manager Swainson’s hawk. The MND indicates potential for Swainson's hawk (SWHA) to nest in the vicinity of the ·Project. Mitigation Measure BI0-1 describes measures to reduce impacts to SWHA, including pre-activity surveys conducted within a ½-mile buffer of the Project site and within 30 days of Project initiation. However, CDFW recommends that surveys be conducted prior to project initiation following the survey methodology and timing developed by the SWHA Technical Advisory Committee (SWHA TAC 2000). Specifically, CDFW recommends that surveys be completed for at least two survey periods immediately prior to the Project's initiation. SWHA TAC identifies survey periods as follows: (I) January to March 20, (II) March 20 to April 5, (Ill) April 5 to April 20, (IV) April 21 to June 10, and (V) June 10 to July 30. In addition, SWHA TAC identifies differing levels of survey effort depending on the survey period during which surveys take place. Specifically, one survey is recommended during survey period I, while three surveys are recommended during survey periods II, Ill, and V. Lastly, SWHA TAC advises against initiating surveys during survey period IV. Further, if ground-disturbing project activities take place during the normal bird breeding season (February 1 through September 15), CDFW recommends that additional pre-construction surveys for active nests be conducted by a qualified biologist no more than 10 days prior to the start of construction. Mitigation Measure BI0-1 also describes implementation of ¼- to ½-mile no-disturbance buffers in the event a SWHA nest is found. However, if an active SWHA nest is found, CDFW recommends implementation of a minimum ½-mile no-disturbance buffer until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. If the ½-mile no-disturbance nest buffer is not feasible, consultation with CDFW is warranted to determine if the Project can be Section 3.4 Biological Resources, p. 3-24 Section 3.4 of the IS/MND (p. 3-24) identifies Mitigation Measure BIO-1 to reduce potential impacts to Swainson’s hawk. BIO-1 requires pre-construction surveys for Swainson’s hawk to occur no more than 30 days prior to construction. The commenter recommends additional specificity to the pre- construction survey timing such that surveys should occur for at least two survey periods and that surveys conducted during the breeding season should be conducted no more than 10 days prior to construction. Also, whereas BIO-1 requires a construction buffer between 0.25 and 0.5 mile (consistent with DFW 1994 Staff Report Regarding Mitigation for Impacts to Swainson’s Hawks), the commenter recommends that a minimum 0.5-mile buffer be required. According to DFW’s 1994 guidance, a 0.5- mile buffer is appropriate if the nest is located in an area where construction or urban noise is more common, but a 0.25-mile buffer is appropriate in rural areas. Because the project site is located adjacent to the Fresno-Clovis Regional Wastewater Reclamation Facility (RWRF), which involves use of various types of equipment and large-scale utilities, it could be appropriate, if an active nest was identified in the vicinity of the RWRF, to require a 0.25-mile buffer, depending on the level of noise and activity and that particular area. The City of Fresno has reviewed the comment, and although the additional specificity recommended by CDFW does not change the adequacy of Mitigation Measure BIO-1 or otherwise change the analysis or conclusions of the IS/MND, the City commits to requiring surveys to be conducted consistent with CDFW’s recommendation. Minor changes are incorporated into BIO-2 as identified on the attached Errata. implemented and avoid take. If the Project cannot avoid take, then pursuant to Fish and Game Code Section 2081(b), acquisition of an Incidental Take Permit for SWHA is necessary prior to project implementation to comply with CESA. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for SWHA and that these measures be included as enforceable mitigation in the finalized MND prepared for this Project. Burrowing Owl. The MND indicates potential for burrowing owl (BUOW) to occur on the Project site. Mitigation Measure BI0-2 describes mitigation measures to reduce Project-related impacts to BUOW. This measure describes the use of eviction and relocation of BUOW found onsite. To reduce impacts of eviction and relocation, the MND identifies compensatory mitigation, in the form of preservation of known BUOW nest sites within Fresno County, at a ratio of 1:1. As currently drafted, this portion of the measure only applies to BUOW nests found and lost due to Project activities. CDFW agrees with the mitigation ratio described in this measure; however, because BUOW rely on burrow habitat year round, CDFW recommends compensatory mitigation extend to any burrow occupied by BUOW, regardless of nesting status or time of year. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for BUOW and that these measures be included as enforceable mitigation in the finalized MND prepared for this Project. Section 3.4 Biological Resources, p. 3-25 The IS/MND includes BIO-2 to minimize impacts to burrowing owl. For active burrows identified during the breeding season, Burrowing owl has been designated as a California species of special concern because it has experienced, and continues to experience, declines in breeding populations locally and statewide, and has experienced a modest breeding range retraction statewide (CDFW 2012). Mitigation Measure BIO-2 of the IS-MND would avoid take of burrowing owl and compensate for any permanent loss of breeding habitat. Burrowing owls need burrows at all times of year for survival. The mitigation measure would ensure that nonbreeding burrowing owls are relocated to suitable burrowing owl habitat off site so that there would be no take during the nonbreeding season. These measures are sufficient to reduce potentially significant impacts to burrowing owl to a less-than-significant level because it would avoid disturbance of active nests, avoid all take, relocate nonbreeding individuals to suitable habitat so they would not be at risk of death while trying to find new habitat, and compensate for loss of breeding habitat to address the issue that caused the species to be listed as a species of special concern. With implementation of the mitigation measures in the IS-MND, the removal of habitat would not result in death of this species or contribute to population declines. The commenter recommends extending the compensatory mitigation requirement to burrows that are identified during the non-breeding season. This additional compensation is not necessary to reduce potential impacts to a less-than-significant level; however, the City has carefully considered CDFW’s recommendation, and has made some minor clarifications to the language of BIO-2 as indicated in the attached Errata. October 9, 2017 County of Fresno, Department of Public Works and Planning This project impacts Fresno County Roadways and Intersections. Fresno County General Plan Policy TR-A.2 states that: Section 3.16 Transportation/ Since receipt of the County’s comment letter, City of Fresno staff have met with County staff to discuss their comments. As a result Christina Monfette, Planner Development Services Division  The County shall plan and design its roadway system in a manner that strives to meet Level of Service (LOS) D on urban roadways within the spheres of influence of the cities of Fresno and Clovis and LOS C on all other roadways in the county.  In no case should the County plan for worse than LOS D on rural County roadways, worse than LOS E on urban roadways within the spheres of influence of the cities of Fresno and Clovis, or in cooperation with Caltrans and the Council of Fresno County Governments, plan for worse than LOS E on State highways in the county. 1) On roadway segments: a) Cause a roadway that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the V/C ratio (on a directional peak hour basis) to increase by more than 0.05 on a roadway that is already operating at an unacceptable LOS. It should be noted that a decrease from an unacceptable LOS to a lesser LOS (e.g. from LOS D to LOS E in County areas) is not considered an impact unless the corresponding V/C ratio increase is greater than 0.05. 2) At signalized intersections: a) Cause an intersection that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the average delay to increase by more than 5.0 seconds at a signalized intersection that is operating at an unacceptable LOS. 3) At unsignalized intersections, including all-way stop, minor approach stop, and roundabouts: a) Cause a movement or approach that is operating at an acceptable LOS to deteriorate to an unacceptable LOS; OR b) Cause the average delay to increase by more than 5.0 seconds on a movement or approach that is operating at an unacceptable LOS. It should be noted that a decrease from an unacceptable LOS to a lesser LOS (e.g. from LOS D to LOS E in County areas) is not considered an impact unless the corresponding delay increase is greater than 5.0 seconds. Area outside of City Limits/Sphere of Influence is considered a rural setting where the acceptable LOS would be C for the roadways within the County’s Jurisdiction. The report should be revised accordingly. Traffic, p. 3-73 of the meeting, the City is coordinating with the County to resolve the County’s concerns. Revisions to the IS/MND are provided in the attached Errata that satisfy the County’s comment related to the County’s LOS standards. These revisions did not result in any new impacts or altered conclusions. Rather, the revisions include enhancements to the existing mitigation measures to further reduce impacts to affected roadway facilities. Please refer to the attached Errata for the specific changes. Regarding the County’s concern related to potential truck-related impacts to pavement, the City does not consider pavement to be an environmental resource; therefore, impacts to pavement are not considered a CEQA issue, except to the extent that serious disrepair could result in a physical hazard to motorists, bicyclists, or pedestrians. The City and County maintain their roads and it is anticipated that no such hazard would result. The City acknowledges that increased truck traffic could require additional maintenance to Jensen Avenue. This is considered a funding issue, not an environmental issue; therefore, no changes to the IS/MND are required because CEQA does not require evaluation of fiscal or economic impacts. However, the City is currently coordinating with the County to form an agreement to resolve the issue of increased maintenance on Jensen Avenue. No additional response is required. The report does not address impacts to the pavement as result of the increased Truck traffic i.e. Traffic Index Analysis. County requests the following items:  Trip Generation - Provide County with justification for the number of truck trip for this type of operations. County staff was not included in any discussions regarding trip generation and distribution Section 3.16 Transportation/ Traffic During a meeting with the County on October 12, 2017, the City provided the County a verbal explanation for the trip generation estimate, and the County expressed satisfaction with the explanation. It should be noted that the explanation was consistent with the text provided on pages 3-77 and 3-78 of the IS/MND, which describes the project trip generation and trip distribution estimates.  Traffic Index Analysis on the following road segments: Jensen From East of Marks Avenue to Project Site (west of Cornelia) Section 3.16 Transportation/ Traffic See the response to the County’s comment above regarding impacts to pavement. No further response is needed.  Intersection analysis per County LOS standard Section 3.16 Transportation/ Traffic As discussed above, revisions to the IS/MND are provided in the attached Errata that satisfy the County’s comment related to the County’s LOS standards. These revisions did not result in any new impacts or altered conclusions. Rather, the revisions include enhancements to the existing mitigation measures to further reduce impacts to affected roadway facilities. Please refer to the attached Errata for the specific changes.  A left turn analysis on Jensen Avenue at project site access Section 3.16 Transportation/ Traffic After City staff met with the County on October 12, 2017 to discuss their comments, the County indicated that, based on the traffic study results, they no longer consider this measure to be necessary. The County is currently preparing a follow-up letter to clarify the comments made in their October 9th letter.  A right turn acceleration lane analysis on Jensen at project site access. Section 3.16 Transportation/ Traffic After City staff met with the County on October 12, 2017 to discuss their comments, the County indicated that, based on the traffic study results, they no longer consider this measure to be necessary. The County is currently preparing a follow-up letter to clarify the comments made in their October 9th letter.  Any modifications to the scope of the project listed above, the traffic impact would need to be revised and County staff should be included in developing the scope of the project since County roadways and intersections are being impacted. Section 3.16 Transportation/ Traffic City staff met with County staff and discussed the project traffic analysis, including the scope of the traffic study revisions. As discussed above, revisions to the IS/MND are provided in the attached Errata that satisfy the County’s comment related to the County’s LOS standards. These revisions did not result in any new impacts or altered conclusions. Rather, the revisions include enhancements to the existing mitigation measures to further reduce impacts to affected roadway facilities. Please refer to the attached Errata for the specific changes.  Since the project impacts County Roadway, County should be included in any discussion related to a fair-share cost for the Section 3.16 Transportation/ City staff met with the County on October 12, 2017 to discuss their comments. This included a discussion on mitigation mitigations identified in the Report. Traffic measures and fair-share cost. City staff feels that the County is satisfied with the revised approach to the traffic study. revisions to the IS/MND are provided in the attached Errata that satisfy the County’s comment related to the County’s LOS standards. These revisions did not result in any new impacts or altered conclusions. Rather, the revisions include enhancements to the existing mitigation measures to further reduce impacts to affected roadway facilities. Please refer to the attached Errata for the specific changes. Intersection/ Mitigation Measure as Identified by the Traffic Study: 1. Jensen Avenue/ Cornelia Avenue (100 % County’s Jurisdiction) – Mitigation:  Install all-way stop control; 2. Jensen Avenue/ Marks Avenue (100 % County’s Jurisdiction) – Mitigations:  Install Traffic signal control with protected let-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach; 3. Jensen Avenue/ Marks Avenue (100 % County’s Jurisdiction) – Mitigations:  Install Traffic signal control with protected let-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn lane, one through lane, and one right- turn lane on the southbound approach;  One left-turn and a shared through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and one right- turn lane on the westbound approach. 4. Jensen Avenue/ West Avenue (25% County’s Jurisdiction) – Mitigations:  Install Traffic signal control with protected let-turn phasing and the following lane configurations:  One left-turn and a shared through/right-turn lane on the northbound approach;  One left-turn and a shared through/right-turn lane on the southbound approach;  One left-turn lane, one through lane, and a shared Section 3.16 Transportation/ Traffic Since receipt of the County’s comment letter, City of Fresno staff have met with County staff to discuss their comments. As a result of the meeting, the City is coordinating with the County to resolve the County’s concerns. Revisions to the IS/MND are provided in the attached Errata that satisfy the County’s comment related to the County’s LOS standards. These revisions did not result in any new impacts or altered conclusions. Rather, the revisions include enhancements to the existing mitigation measures to further reduce impacts to affected roadway facilities. Please refer to the attached Errata for the specific changes. through/right-turn lane on the eastbound approach; and  One left-turn lane, one through lane, and a shared through/right-turn lane on the westbound approach. October 9, 2017 San Joaquin Valley Air Pollution Control District Brian Clements, Program Manager 1. On Page 3-15, the Draft MND includes a qualitative discussion regarding the Project's criteria pollutant emissions. The Draft MND states that the Project is below the District's screening level of 920,000 square feet for a heavy industrial development and 1,506 trips for an industrial development and concludes that criteria pollutant emissions would be less than significant. However, in Appendix B Air Quality, Greenhouse Gas, and Noise Modeling Details, a quantitative analysis was conducted for the Project using the California Emissions Estimator Model (CalEEMod). The results of the CalEEMod analysis for the Project demonstrates that the mitigated NOx emissions during operations are estimated to be 24.59 tons per year, which is above the District's significance threshold of 10 tons per year. This is inconsistent with the conclusion in the Draft MND that states the impact would be less than significant. Therefore, the District recommends clarification of this discrepancy and correction of the analysis if needed. Section 3.3 Air Quality, p. 3-15 and Appendix B The air quality analysis relied on SJVAPCD screening criteria and compared the proposed 44,600 square foot (sf) industrial land use to the screening level of 920,000 sf. Based on this analysis and air district guidance, no further analysis or quantification of construction or operational criteria air pollutants would be necessary for CEQA purposes. SJVAPCD reviewed the GHG modeling calculations included as Appendix B of the IS/MND and, as part of their comment, identified that the operational NOx emissions shown in the appendix spreadsheet exceeded air district thresholds of 10 tons per year (tpy), SJVAPCD’s comment is correct to point out the conspicuously high level of NOx included in the model output. This was an error related to the specific modeling method used to calculate GHG associated with building energy (the modeling was not intended to be used to support an analysis of criteria air pollutants such as NOx). To resolve the issue, Ascent performed additional analysis and quantification of the proposed operational activities for comparison to district thresholds of significance for NOx. based on the anticipated increase in natural gas consumption used by the boiler equipment and default building energy natural gas use for a general heavy industrial land use. The increase in natural gas consumption for the boiler (204,794 MMBTU/yr) was used in conjunction with the CalEEMod/AP-42 emission factor for a CNG boiler (i.e., 0062 lb/MMBTU) for NOx. The resultant emissions were 0.6 tpy of NOx. Operational NOx emissions combined with mobile source NOx emissions are less than 2 tpy. A replacement modeling output is attached to the Errata. The discrepancy identified by SJVAPCD’s comment is not an error in the IS/MND analysis, but a modeling vestige erroneously included in the IS/MND’s appendix. The model output is revised and no changes are needed to the IS/MND’s analysis, mitigation measures, or conclusions. 3. On Page 3-15, the Draft MND includes a qualitative discussion regarding the Project's impact on the ambient air quality standard. The Draft MND states that the Project is below the District's screening level for an industrial land use and would be subject to stationary permit limits/requirements required by District Rule 2201 (New and Modified Stationary Source Review Rule). Therefore, the Project would not violate or contribute substantially to an existing or projected air quality violation and the impact would be less than significant. The District would like to clarify that determination of whether project emissions would violate any ambient air quality standard is largely a function of air quality dispersion modeling. If project emissions would not exceed State and Federal ambient air quality standards at the project's property boundaries, the project would be considered not to violate any air quality standard or contribute substantially to an existing or projected air quality violation. The need to perform an air quality dispersion modeling analysis (also known as an ambient air quality analysis) for any project depends on the level of emissions associated with the proposed Project. The impact may be significant when on-site emissions increases from construction activities or operational activities exceed the 100 pound per day screening level of any pollutant after implementation of all enforceable mitigation measures. The District recommends that the daily Project emissions be quantified and compared against the 100 pounds per day screening level. Should any pollutant emissions exceed the screening level of 100 pounds per day, the District further recommends that an ambient air quality analysis be performed for all criteria pollutants in which an ambient air quality standard exists, such as those listed for the California Ambient Air Quality Standard (CAAQS) or National Ambient Air Quality Standard (NAAQS). If an ambient air quality analysis is determined to be necessary, the District recommends consultation with District staff to determine the appropriate model and input data to use in the analysis. Section 3.3 Air Quality, p. 3-15 See response to comment above. The revision to the Appendix did not change any of the analysis, mitigation measures, or conclusions in the IS/MND. City staff met with SJVAPCD staff on October 12, 2017 to discuss their comments. SJVAPCD staff concurred that the revision to appendix would eliminate the need for the additional analysis identified in the comment. 3. A Health Risk Screening/Assessment identifies potential Toxic Air Contaminants (TAC's) impact on surrounding sensitive receptors such as hospitals, daycare centers, schools, work-sites, and residences. Section 3.3 Air Quality, p. 3-16 See response to comment above. The revision to the Appendix did not change any of the analysis, mitigation measures, or conclusions in the IS/MND. City staff met with SJVAPCD staff on TAC's are air pollutants identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board ( OEH HA/CARB) https://www.arb.ca.gov/toxics/ healthval/healthval. htm) that pose a present or potential hazard to human health. A common source of TACs can be attributed to diesel exhaust emitted from both mobile and stationary sources. Industry specific TACs generated must also be identified and quantified. The District recommends the Project be evaluated for potential health impacts to surrounding receptors (on-site and off-site) resulting from operational and multi-year construction TAC emissions. i. The District recommends conducting a screening analysis that includes all sources of emissions. A screening analysis is used to identify projects which may have a significant health impact. A prioritization, using CAPCOA's updated methodology, is a recommended screening method. A prioritization score of 10 or greater is considered to be significant and a refined Health Risk Assessment (HRA) should be performed. The prioritization calculator can be found at: http :www. valleyair. org/busind/pto/emission _factors/Criteria/Toxics/Utilities/P RI 0 RITIZA TION%20RMR%202016.XLS. ii. The District recommends a refined HRA for projects that result in a prioritization score of 10 or greater. It is recommended that the Project proponent contact the District to review the proposed modeling protocol. The Project would be considered to have a significant health risk if the HRA demonstrates that the Project related health impacts would exceed the Districts significance threshold of 20 in a million for carcinogenic risk and 1.0 for the Acute and Chronic Hazard Indices. More information on toxic emission factors, prioritizations and HRAs can be obtained by:  E-Mailing inquiries to: hramodeler@valleyair.org; or  The District can be contacted at (559) 230-6000 for assistance; or  Visiting the Districts website (Modeling Guidance) at http://www.valleyair.org/busind/pto/Tox_ Resources/AirQualityMonitoring.htm October 12, 2017 to discuss their comments. SJVAPCD staff concurred that the revision to appendix would eliminate the need for the additional analysis identified in the comment. 4. This Project will be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and will require District permits. Prior to construction, the Project proponent should submit to the District an application for an Authority to Construct (ATC). For further information or assistance, the Project proponent may contact the District's Small Business Assistance (SBA) Office at (559) 230-5888. 5. This Project may be subject to District Rules and Regulations, including: Regulation VIII (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this Project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www. val leyair. org/rules/1 ruleslist. htm. 6. The District recommends that a copy of the District's comments be provided to the Project proponent. Section 2 Project Description and Section 3.3 Air Quality The comment lists the specific air-quality-related rules and permits that the project would be subject to. The IS/MND (Table 2-1) identifies “Air Permit” as a required permit for the project. Section 3.3 includes detailed discussion of the various rules and permits necessary for compliance. The project proponent would submit the necessary applications to acquire the necessary permits from the SJVAPCD. The comment results in no change to the IS/MND text. 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population General Heavy Industry 44.60 1000sqft 1.02 44,600.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 3 Wind Speed (m/s)Precipitation Freq (Days)2.2 45 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2020Operational Year CO2 Intensity (lb/MWhr) 641.35 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Darling Stationary Source_Operational Fresno County, Annual CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 1 of 34 Darling Stationary Source_Operational - Fresno County, Annual Project Characteristics - Land Use - net increase in 12,200 sf. total building size is 44,600 sf Energy Use - yy Off-road Equipment - this model calculates operations only Off-road Equipment - this model calculated operations only Off-road Equipment - this mode calculates operations only Off-road Equipment - this model calculated operations only Off-road Equipment - this model calculates operations only Off-road Equipment - this model calculates operations only Grading - this model calculates operations only Vehicle Emission Factors - Vehicle Emission Factors - Vehicle Emission Factors - Stationary Sources - Process Boilers - existing natural gas use 20,000 mcf per year. Total new use: 40384 mcf per month. net increase 20384 mcf/month or 244608 mcf/year les 18% existing waste gas from WWTP=> 200579 mcf/yr or 205793 MMBtu/year. Trips and VMT - this model calculated operations only Architectural Coating - this model calculated operations only Vehicle Trips - trips adjusted based on project-specific traffic study. trip length increased over CalEEMod Default Table Name Column Name Default Value New Value tblArchitecturalCoating ConstArea_Nonresidential_Exterior 22,300.00 0.00 tblArchitecturalCoating ConstArea_Nonresidential_Interior 66,900.00 0.00 tblArchitecturalCoating EF_Nonresidential_Exterior 150.00 0.00 tblArchitecturalCoating EF_Nonresidential_Interior 150.00 0.00 tblArchitecturalCoating EF_Residential_Exterior 150.00 0.00 tblArchitecturalCoating EF_Residential_Interior 150.00 0.00 tblGrading AcresOfGrading 0.00 1.50 tblGrading AcresOfGrading 0.00 1.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 2 of 34 Darling Stationary Source_Operational - Fresno County, Annual tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 7.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 7.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 6.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblOffRoadEquipment UsageHours 7.00 0.00 tblOffRoadEquipment UsageHours 8.00 0.00 tblProjectCharacteristics OperationalYear 2018 2020 tblStationaryBoilersUse AnnualHeatInput 0.00 205,793.00 tblStationaryBoilersUse BoilerRatingValue 0.00 153.00 tblStationaryBoilersUse DailyHeatInput 0.00 564.00 tblStationaryBoilersUse NumberOfEquipment 0.00 1.00 tblTripsAndVMT VendorTripNumber 7.00 0.00 tblTripsAndVMT WorkerTripNumber 4.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 3 of 34 Darling Stationary Source_Operational - Fresno County, Annual 2.0 Emissions Summary tblTripsAndVMT WorkerTripNumber 19.00 0.00 tblTripsAndVMT WorkerTripNumber 13.00 0.00 tblTripsAndVMT WorkerTripNumber 8.00 0.00 tblTripsAndVMT WorkerTripNumber 13.00 0.00 tblTripsAndVMT WorkerTripNumber 8.00 0.00 tblVehicleTrips CC_TL 7.30 30.50 tblVehicleTrips CNW_TL 7.30 21.40 tblVehicleTrips CW_TL 9.50 72.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 4 of 34 Darling Stationary Source_Operational - Fresno County, Annual 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2017 0.0000 0.0000 0.0000 0.0000 1.3300e- 003 0.0000 1.3300e- 003 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2018 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Maximum 0.0000 0.0000 0.0000 0.0000 1.3300e- 003 0.0000 1.3300e- 003 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2017 0.0000 0.0000 0.0000 0.0000 1.3300e- 003 0.0000 1.3300e- 003 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 2018 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Maximum 0.0000 0.0000 0.0000 0.0000 1.3300e- 003 0.0000 1.3300e- 003 1.4000e- 004 0.0000 1.4000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 5 of 34 Darling Stationary Source_Operational - Fresno County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Energy 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 166.5037 166.5037 6.2300e- 003 2.0100e- 003 167.2570 Mobile 0.0980 1.2950 1.4912 7.3500e- 003 0.4684 0.0112 0.4796 0.1263 0.0107 0.1369 0.0000 682.2277 682.2277 0.0277 0.0000 682.9208 Stationary 0.5548 0.6380 9.8863 0.0605 0.7667 0.7667 0.7667 0.7667 0.0000 10,982.08 58 10,982.08 58 0.2105 0.0000 10,987.34 81 Waste 0.0000 0.0000 0.0000 0.0000 11.2254 0.0000 11.2254 0.6634 0.0000 27.8105 Water 0.0000 0.0000 0.0000 0.0000 3.2721 16.2351 19.5072 0.3368 8.0900e- 003 30.3374 Total 0.8631 1.9787 11.4164 0.0682 0.4684 0.7814 1.2498 0.1263 0.7808 0.9071 14.4975 11,847.05 31 11,861.55 06 1.2447 0.0101 11,895.67 45 Unmitigated Operational Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) Highest CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 6 of 34 Darling Stationary Source_Operational - Fresno County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Energy 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 166.5037 166.5037 6.2300e- 003 2.0100e- 003 167.2570 Mobile 0.0980 1.2950 1.4912 7.3500e- 003 0.4684 0.0112 0.4796 0.1263 0.0107 0.1369 0.0000 682.2277 682.2277 0.0277 0.0000 682.9208 Stationary 0.5548 0.6380 9.8863 0.0605 0.7667 0.7667 0.7667 0.7667 0.0000 10,982.08 58 10,982.08 58 0.2105 0.0000 10,987.34 81 Waste 0.0000 0.0000 0.0000 0.0000 11.2254 0.0000 11.2254 0.6634 0.0000 27.8105 Water 0.0000 0.0000 0.0000 0.0000 3.2721 16.2351 19.5072 0.3368 8.0900e- 003 30.3374 Total 0.8631 1.9787 11.4164 0.0682 0.4684 0.7814 1.2498 0.1263 0.7808 0.9071 14.4975 11,847.05 31 11,861.55 06 1.2447 0.0101 11,895.67 45 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 7 of 34 Darling Stationary Source_Operational - Fresno County, Annual Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Architectural Coating Architectural Coating 9/7/2018 9/20/2018 5 10 2 Building Construction Building Construction 11/17/2017 8/23/2018 5 200 3 Demolition Demolition 10/12/2017 11/8/2017 5 20 4 Grading Grading 11/11/2017 11/16/2017 5 4 5 Paving Paving 8/24/2018 9/6/2018 5 10 6 Site Preparation Site Preparation 11/9/2017 11/10/2017 5 2 OffRoad Equipment Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft) Acres of Grading (Site Preparation Phase): 1 Acres of Grading (Grading Phase): 1.5 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 8 of 34 Darling Stationary Source_Operational - Fresno County, Annual Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 0.00 78 0.48 Paving Cement and Mortar Mixers 1 0.00 9 0.56 Demolition Concrete/Industrial Saws 1 0.00 81 0.73 Building Construction Generator Sets 1 0.00 84 0.74 Building Construction Cranes 1 0.00 231 0.29 Building Construction Forklifts 1 0.00 89 0.20 Site Preparation Graders 1 0.00 187 0.41 Paving Pavers 1 0.00 130 0.42 Paving Rollers 1 0.00 80 0.38 Demolition Rubber Tired Dozers 1 0.00 247 0.40 Grading Rubber Tired Dozers 1 0.00 247 0.40 Building Construction Tractors/Loaders/Backhoes 1 0.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 0.00 97 0.37 Grading Tractors/Loaders/Backhoes 1 0.00 97 0.37 Paving Tractors/Loaders/Backhoes 1 0.00 97 0.37 Site Preparation Tractors/Loaders/Backhoes 1 0.00 97 0.37 Grading Graders 1 0.00 187 0.41 Paving Paving Equipment 1 0.00 132 0.36 Site Preparation Rubber Tired Dozers 1 0.00 247 0.40 Building Construction Welders 3 0.00 46 0.45 Trips and VMT CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 9 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.2 Architectural Coating - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site 3.1 Mitigation Measures Construction Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Architectural Coating 1 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 7 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Demolition 5 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 3 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 5 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 0.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 10 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.2 Architectural Coating - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Archit. Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 11 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.2 Architectural Coating - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.3 Building Construction - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 12 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.3 Building Construction - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 13 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.3 Building Construction - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.3 Building Construction - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 14 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.3 Building Construction - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 15 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.3 Building Construction - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.4 Demolition - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 16 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.4 Demolition - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 17 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.4 Demolition - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.5 Grading - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 8.0000e- 004 0.0000 8.0000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 0.0000 8.0000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 18 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.5 Grading - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 8.0000e- 004 0.0000 8.0000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 0.0000 8.0000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 19 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.5 Grading - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.6 Paving - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 20 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.6 Paving - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 21 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.6 Paving - 2018 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site 3.7 Site Preparation - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 5.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 5.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 22 of 34 Darling Stationary Source_Operational - Fresno County, Annual 3.7 Site Preparation - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Construction Off-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 5.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 5.3000e- 004 0.0000 5.3000e- 004 6.0000e- 005 0.0000 6.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction On-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 23 of 34 Darling Stationary Source_Operational - Fresno County, Annual 4.0 Operational Detail - Mobile 4.1 Mitigation Measures Mobile 3.7 Site Preparation - 2017 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 24 of 34 Darling Stationary Source_Operational - Fresno County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0980 1.2950 1.4912 7.3500e- 003 0.4684 0.0112 0.4796 0.1263 0.0107 0.1369 0.0000 682.2277 682.2277 0.0277 0.0000 682.9208 Unmitigated 0.0980 1.2950 1.4912 7.3500e- 003 0.4684 0.0112 0.4796 0.1263 0.0107 0.1369 0.0000 682.2277 682.2277 0.0277 0.0000 682.9208 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT General Heavy Industry 66.90 66.90 66.90 1,221,802 1,221,802 Total 66.90 66.90 66.90 1,221,802 1,221,802 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by General Heavy Industry 72.00 30.50 21.40 59.00 28.00 13.00 92 5 3 5.0 Energy Detail 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH General Heavy Industry 0.481390 0.032808 0.168621 0.127212 0.018382 0.004997 0.032622 0.122881 0.002369 0.001675 0.005261 0.001115 0.000667 Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 25 of 34 Darling Stationary Source_Operational - Fresno County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 116.6421 116.6421 5.2700e- 003 1.0900e- 003 117.0992 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 116.6421 116.6421 5.2700e- 003 1.0900e- 003 117.0992 NaturalGas Mitigated 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 NaturalGas Unmitigated 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr General Heavy Industry 934370 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 Total 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 Unmitigated 5.1 Mitigation Measures Energy CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 26 of 34 Darling Stationary Source_Operational - Fresno County, Annual 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr General Heavy Industry 934370 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 Total 5.0400e- 003 0.0458 0.0385 2.7000e- 004 3.4800e- 003 3.4800e- 003 3.4800e- 003 3.4800e- 003 0.0000 49.8615 49.8615 9.6000e- 004 9.1000e- 004 50.1578 Mitigated 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr General Heavy Industry 400954 116.6421 5.2700e- 003 1.0900e- 003 117.0992 Total 116.6421 5.2700e- 003 1.0900e- 003 117.0992 Unmitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 27 of 34 Darling Stationary Source_Operational - Fresno County, Annual 6.1 Mitigation Measures Area 6.0 Area Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Unmitigated 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr General Heavy Industry 400954 116.6421 5.2700e- 003 1.0900e- 003 117.0992 Total 116.6421 5.2700e- 003 1.0900e- 003 117.0992 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 28 of 34 Darling Stationary Source_Operational - Fresno County, Annual 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0310 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1742 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e- 005 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Total 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Unmitigated ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0310 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.1742 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 4.0000e- 005 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Total 0.2052 0.0000 4.1000e- 004 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 8.0000e- 004 8.0000e- 004 0.0000 0.0000 8.5000e- 004 Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 29 of 34 Darling Stationary Source_Operational - Fresno County, Annual 7.1 Mitigation Measures Water Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 19.5072 0.3368 8.0900e- 003 30.3374 Unmitigated 19.5072 0.3368 8.0900e- 003 30.3374 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr General Heavy Industry 10.3138 / 0 19.5072 0.3368 8.0900e- 003 30.3374 Total 19.5072 0.3368 8.0900e- 003 30.3374 Unmitigated 7.0 Water Detail CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 30 of 34 Darling Stationary Source_Operational - Fresno County, Annual 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr General Heavy Industry 10.3138 / 0 19.5072 0.3368 8.0900e- 003 30.3374 Total 19.5072 0.3368 8.0900e- 003 30.3374 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 11.2254 0.6634 0.0000 27.8105 Unmitigated 11.2254 0.6634 0.0000 27.8105 Category/Year CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 31 of 34 Darling Stationary Source_Operational - Fresno County, Annual 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr General Heavy Industry 55.3 11.2254 0.6634 0.0000 27.8105 Total 11.2254 0.6634 0.0000 27.8105 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr General Heavy Industry 55.3 11.2254 0.6634 0.0000 27.8105 Total 11.2254 0.6634 0.0000 27.8105 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 32 of 34 Darling Stationary Source_Operational - Fresno County, Annual 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type Boiler 1 564 205793 153 CNG User Defined Equipment Equipment Type Number 10.1 Stationary Sources ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Equipment Type tons/yr MT/yr Boiler - CNG (75 - 9999 MMBTU) 0.5548 0.6380 9.8863 0.0605 0.7667 0.7667 0.7667 0.7667 0.0000 10,982.08 58 10,982.08 58 0.2105 0.0000 10,987.34 81 Total 0.5548 0.6380 9.8863 0.0605 0.7667 0.7667 0.7667 0.7667 0.0000 10,982.08 58 10,982.08 58 0.2105 0.0000 10,987.34 81 Unmitigated/Mitigated CalEEMod Version: CalEEMod.2016.3.1 Date: 10/12/2017 4:10 PMPage 33 of 34 Darling Stationary Source_Operational - Fresno County, Annual Exhibit 12: City Council Resolution for Plan Amendment No. A-17-008 pfww pfww pfww 120'220'932'1059'1059'1080' 1301'1320' 1320'W JENSEN AVE W ANNADALE AVES CORNELIA AVES BLYTHE AVEA-17-008APN: Portiona of 327-030-41T, 38T5449 West Jensen Ave 0 1,000 2,000500Feet/ EXHIBIT A City Limits From Public Facilities - Waste Water to Employment - Heavy Industrial - 40 Acres PFWW to IH City of FresnoCounty of FresnoCounty of Fresno City of Fresno Exhibit 13: City Council Ordinance Bill for Rezone Application No. R-17- 011 120'220'932'1059'1059'1080' 1301'1320' 1320' pfww W JENSEN AVE W ANNADALE AVES CORNELIA AVES BLYTHE AVEPI PIPI PI R-17-011APN: Portions of 327-030-41T, 38T5449 West Jensen Ave 0 1,000 2,000500Feet/ EXHIBIT A City Limits From Public and Institutional (PI) to Heavy Industrial (IH) - 40.0 AcresCity of FresnoCounty of FresnoPI to IH County of Fresno City of Fresno Exhibit 14: City Council Ordinance Bill for the Disposition Agreement and Development Agreement Exhibit A FREE RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attn: City Clerk DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT by and between THE CITY OF FRESNO and DARLING INGREDIENTS INC. (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) Recitals & Introductory Secton Page 1 of 3 Pages DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT THIS DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT (“Entire Agreement”) is entered into as of the Effective Date (as defined below), by and between THE CITY OF FRESNO, a California municipal corporation (“City”) and DARLING INGREDIENTS INC., a Delaware corporation ("Darling"). RECITALS: A. This Agreement is intended to effectuate: (i) the transfer of certain real property owned by the City consistent in accordance with the best interests of the City of Fresno which includes the improvement of the property by Darling; and, (ii) a statutory development agreement to provide certain development and operation assurances to Darling. B. Darling currently owns that certain real property located 795 West Belgravia Avenue, in the City of Fresno (Assessor Parcel No. 477-054-12) (“Darling Property”) on which Darling currently operates a rendering plant (“Existing Plant”). C. The City and Darling are presently in a dispute regarding the terms, conditions and authorities for Darling to operate the Existing Plant (“Dispute”). The City and Darling have been in mediation to resolve the Dispute. The mediation also involves Concerned Citizens of West Fresno, an unincorporated association that is pursuing certain claims against Darling in Fresno Superior Court Case No. 12 CE CG 01151 (“Litigation”). D. The City owns that certain unimproved real property located near the southwest corner of Jensen Avenue and Cornelia Avenue, in the City of Fresno (Assessor Parcel Nos. APN: 327-030-41T and 327-030-38T) legally described on Attachment No. 1 (“City Property”). E. The northern portion of the City Property consisting of approximately twenty (20) acres as depicted on Attachment No. 3 will be transferred to Darling for the construction of a new rendering plant by Darling (“New Site”). A separate 20 acre site adjacent to the New Site shall be encumbered by an Option Agreement in favor of Darling. F. City and Darling are willing to enter into two (2) agreements which are both contained in this Entire Agreement as follows: i. Disposition Agreement (Part I). City is willing to: (i) transfer the New Site to Darling for the construction and operation of a new plant; and, (ii) provide the Financial Assistance (defined below), in consideration of Darling ceasing all operations inconsistent with the land use designations or zoning in any existing neighborhood, specific, community or general plan (but retaining the right to conduct such legal non-conforming uses as are permitted by the City Development Code), including, without limitation, rendering operations (“Prohibited Operations”) at the Existing Plant. ii. Development Agreement (Part II). City and Darling are willing to enter into a development agreement in accordance with Government Code Section 65864 et seq. for the construction and operation of the New Plant. Recitals & Introductory Secton Page 2 of 3 Pages G. Although both the Disposition Agreement (Part I) and the Development Agreement (Part II) are contained in this document, they are separate and distinct agreements (including definitions and terms) except as specifically otherwise provided in each respective Part. INTRODUCTORY SECTION: 1. Recitals. The foregoing recitals are specifically incorporated herein and are part of this Entire Agreement. 2. Effective Date. For purposes of this Entire Agreement, the term “Disposition Agreement” shall mean Part I, and the term “Development Agreement” shall mean Part II. The Entire Agreement shall be subject to the approval by the City Council of the City of Fresno (“City Council”) by ordinance in accordance with the applicable statutes and the City of Fresno municipal code (“Effective Date”). 3. Representations and Warranties. City represents and warrants that: (i) by proper action of City, City has been duly authorized to execute and deliver this Entire Agreement, acting by and through its duly authorized officers; and, (ii) the entering into this Entire Agreement by City does not violate any provision of any other agreement to which City is a party. Darling represents and warrants that: (i) it is duly organized and existing under the laws of the State of Delaware; (ii) by proper action of Darling, Darling has been duly authorized to execute and deliver this Entire Agreement, acting by and through its duly authorized officers; and, (iii) the entering into this Entire Agreement by Darling does not violate any provision of any other agreement to which Darling is a party. 4. Supersedes Prior Discussions and Agreements. This Entire Agreement contains the full and complete agreement of the parties with respect to the content hereof and supersedes in its entirety all prior negotiations, discussions and documents including, but not limited to, that certain Letter of Intent dated January 25, 2017 between the parties. 5. Execution. Darling shall provide two (2) executed copies of this Entire Agreement prior to the first scheduled public hearing as required to comply with the notice and posting requirements under the Brown Act. 6. Counterpart Execution. This Entire Agreement may be executed in counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. 7. Recordation. City shall record this Entire Agreement in the Official Records of Fresno County within ten (10) days of the Effective Date. 8. Termination. Termination of the Disposition Agreement or the Development Agreement prior to the Closing shall constitute the termination of this Entire Agreement. If this Entire Agreement is terminated for any reason, the parties shall cooperate with executing a document as reasonably required by a title company to remove it from the record title of both the Darling Property and the City Property. 9. Attachments. This Entire Agreement includes the following attachments which are incorporated herein and made a part hereof as though fully set forth herein: Attachment No. 1 Legal Description of City Property Recitals & Introductory Secton Page 3 of 3 Pages Attachment No. 2 Legal Description of Darling Property Attachment No. 3 Legal Description and Depiction of New Site Attachment No. 4 Attachment No. 5 Attachment No. 6 Attachment No. 7 Insurance Coverage and Amounts Depiction of Option Site Form of Option Agreement Schedule of Performance Attachment No. 8 Scope of Development Attachment No. 9 Grant Deed Attachment No. 10 Covenant Agreement Attachment No. 11 Certificate of Completion and Satisfaction [END OF RECITALS AND INTRODUCTORY SECTION] Disposition Agreement Page 1 of 38 Pages PART I DISPOSITION AGREEMENT I. (§ 100) PURPOSE OF DISPOSITION AGREEMENT. A. (§ 101) Purpose of the Disposition Agreement. This Disposition Agreement contains the terms, conditions and obligations of the parties with respect to the transfer of the New Site to Darling and the cessation of Prohibited Operations at the Existing Plant. B. (§ 102) City Property. The City Property consists of that certain unimproved real property owned by the City located at the southwest corner of Jensen Avenue and Cornelia Avenue in the City of Fresno, County of Fresno, State of California as legally described on Attachment No. 1. C. (§ 103) New Site. The New Site consists of approximately twenty (20) acres of the northern portion of the City Property as depicted on Attachment 3 which shall be determined and finalized in accordance with Section 401. D. (§ 104) Darling Property. The Darling Property is that certain real property owned by Darling located at the 795 West Belgravia Avenue, in the City of Fresno (Assessor Parcel No. 477-054-12) in the City of Fresno, County of Fresno, State of California as legally described on Attachment No. 2 which is improved with a rendering plant that is operating as of the Effective Date. E. (§ 105) Financial Assistance and Consideration. Darling acknowledges that the only financial assistance being provided by City to Darling is the Financial Assistance (defined below) set forth in this Disposition Agreement. Except for the Financial Assistance, Darling shall be solely responsible for all construction and development costs to construct the Project on the New Site, including, but not limited to, grading and site preparation; building construction; site development and infrastructure; and design. The New Plant is more particularly described in the Scope of Development. As consideration for the Financial Assistance, Darling covenants, in accordance with the terms and conditions set forth in the Disposition Agreement, to: (i) commence construction of the Project and thereafter diligently prosecute same to completion; (ii) commence operating the new rendering plant on the New Site; and, (iii) cease Prohibited Operations at the Existing Plant. II. (§ 200) DEFINITIONS. The following terms as used in this Disposition Agreement shall have the meanings given unless expressly provided to the contrary: Disposition Agreement Page 2 of 38 Pages A. (§ 201) Approved Plans. The term “Approved Plans” shall mean the plans and specifications for the New Plant consistent with the Operational Statement and issued in accordance with Section 801. B. (§ 202) Certificate of Completion and Satisfaction. The term "Certificate of Completion and Satisfaction" shall mean that document in the form of Attachment No. 11, which shall evidence that the completion of construction and commencing of operation of the New Plant in accordance with Section 712. C. (§ 203) City. The term "City" shall mean the City of Fresno, a California municipal corporation. D. (§ 204) Claims and Litigation. The term “Claims or Litigation” shall mean any challenge by adjacent owners or any other third parties: (i) to the legality, validity or adequacy of the General Plan, development approvals, this Disposition Agreement, or other actions of the City pertaining to the Project (including but not limited to CEQA compliance); (ii) seeking damages against City as a consequence of the foregoing actions or for the taking or diminution in value of their property, or in any other manner ; or, (iii) for any tort claim or action against the City arising in connection with the construction of the Project. E. (§ 205) Closing. The term "Closing" shall mean the closing of the Escrow by Escrow Agent’s recording of the Deed and distributing the funds and documents received through Escrow to the party entitled thereto as provided herein, which closing shall occur on or before the date established in the Schedule of Performance. F. (§ 206) Completion. The term “Completion” shall mean the completion of the New Plant and the commencement of operations at the New Plant as evidenced by the recordation of the Certificate of Completion and Satisfaction. G. (§ 207) Covenant Agreement. The term “Covenant Agreement” shall mean that certain Covenant Agreement to be executed by Darling to be recorded against the Darling Property at the Close of Escrow in the form of Attachment No. 10, covenanting to record a deed restriction, with City as a third party beneficiary, prohibiting future Prohibited Operations on the Darling Property not more than six (6) months after the date on which Darling is required to cease Prohibited Operations at the Existing Plant. H. (§ 208) Days. The term "days" shall mean calendar days and the statement of any time period herein shall be calendar days, and not working days, unless otherwise specified. Disposition Agreement Page 3 of 38 Pages I. (§ 209) Deed. The term "Deed” shall mean that Grant Deed executed by City conveying the New Site to Darling which shall be substantially in the form of Attachment No. 9. J. (§ 210) Disposition Agreement. The term "Disposition Agreement" shall mean this Part I of the Entire Agreement, including all attachments which are a part hereof and incorporated herein in their entirety, and all other documents incorporated herein by reference. K. (§ 211) Enforced Delay. The term "Enforced Delay" shall mean any delay described in Section 1103 caused without fault and beyond the reasonable control of a party, which delay shall justify an extension of time to perform as provided in Section 1103. L. (§ 212) Entitlements. The term “Entitlements” shall mean the general plan amendments, rezoning, development permits, conditional use permits and any other land use entitlements to be issued by City as reasonably needed to allow Darling to construct and operate the New Plant at the New Site. M. (§ 213) Entitlement Fees. The term “Entitlement Fees” shall mean the fees and costs for the issuance of the Entitlements. N. (§ 214) Escrow. The term "Escrow" shall mean the escrow established with Escrow Agent pursuant to this Disposition Agreement for the conveyance of the New Site from City to Darling pursuant to this Disposition Agreement. O. (§ 215) Escrow Agent. The term "Escrow Agent" shall mean Fidelity National Title Insurance Company, located at 7485 N. Palm Avenue, Suite 106, Fresno, Ca 93711 and empowered hereunder to act as Escrow Agent for this transaction. The Escrow officer shall be Bernadette Watson (559) 261-8919 Bernadette.Watson@fnf.com. P. (§ 216) Existing Plant. The term “Existing Plant” shall mean the Darling plant operating on the Darling Property as of the Effective Date. Q. (§ 217) Financial Assistance. The following constitute the financial assistance (the "Financial Assistance") to be provided by the City for the development of the New Plant: (i) the Methane Gas Line; (ii) the Methane Gas Service Commitment; (iii) the New Site; (iv) the New Well; (v) the Nonpotable Water Service Commitment; (vi) the Nonpotable Water Supply Line; (vii) the PG&E Gas Line; (viii) the Property Tax Rebate Commitment; (ix) the Sales Tax Rebate Commitment; (xi) the Waste Water Disposition Agreement Page 4 of 38 Pages Facility Impact Fee Commitment; (xi) the waiver of Impact Fees, Entitlement Fees and other City permit fees; and (xii) the construction of public street improvements required as a condition of CEQA compliance pursuant to the Mitigated Negative Declaration prepared for the Fresno Rendering Plant Relocation Project, EA No. _________ adopted by Council on ___________, 2017 (the "MND"). R. (§ 218) Impact Fees. The term “Impact Fees” shall mean fees that are imposed by the City or other governmental agencies on the Project to pay for all or a portion of the costs of providing public services to the Project, and all development impact fees for capital fire facilities and capital police facilities imposed by the City. S. (§ 219) Litigation. The term “Litigation” shall mean that certain case No. 12 CE CG 01151 in the Superior Court of California, County of Fresno in which Concerned Citizens of West Fresno, an unincorporated association, is the plaintiff and Darling is the defendant. T. (§ 220) Methane Gas Line. The term “Methane Gas Line” shall mean a methane gas line to the New Site to be provided by the City as set forth in Section 601(2). U. (§ 221) Methane Gas Service Commitment. The term “Methane Gas Service Commitment” shall mean the City’s commitment to assure that methane is available to the New Plant through the Methane Gas Line, in accordance with the standards set forth in Section 603(1). V. (§ 222) New Market Tax Credits. The term “New Market Tax Credits” shall mean tax credits allocated pursuant to that certain federal tax credit program administered by the US Treasury Department's Community Development Financial Institutions (CDFI) Fund which credits are allocated by local Community Development Entities (CDEs) to incentivize business and real estate investment in low-income communities. W. (§ 223) New Project. The term “New Project” shall mean: (i) the construction of the New Plant in accordance with this Disposition Agreement; and, (ii) the commencement of operations at the New Plant in accordance with Section 712. X. (§ 224) New Site. The term “New Site” means the City Property as depicted on Attachment No. 3 with a total surface area of approximately twenty (20) acres to be finalized pursuant to Section 401. Y. (§ 225) New Well. The term “New Well” shall mean a new water well for the New Site to be provided by City as set forth in Section 602. Disposition Agreement Page 5 of 38 Pages Z. (§ 226) Nonpotable Water Service Commitment. The term “Nonpotable Water Service Commitment” shall mean the City’s commitment to assure that nonpotable water is available to the New Plant through the Nonpotable Water Supply Line in accordance with the standards set forth in Section 603(2). AA. (§ 227) Nonpotable Water Supply Line. The term “Nonpotable Water Supply Line” shall mean a nonpotable water pipeline to the New Site to be provided by City as set forth in Section 601(3). BB. (§ 228) Operational Statement. The term “Operational Statement” shall mean the statement of operational capacity provided by Darling and approved by City in accordance with Section 801. CC. (§ 229) Pipelines. The term “Pipelines” shall mean collectively the PG&E Gas Line, the Methane Gas Line and the Nonpotable Water Supply Line. DD. (§ 230) PG&E Gas Line. The term “PG&E Gas Line” shall mean the Pacific Gas and Electric gas line to the New Site to be provided by the City as set forth in Section 601(1). EE. (§ 231) Property Tax Rebate Commitment. The term “Property Tax Rebate Commitment” shall mean reasonable assurances evidencing and authorizing City’s and the County of Fresno's covenant to rebate to Darling the portion of all real and personal property taxes, paid to City by the County of Fresno, or allocable to the County of Fresno General Fund, with respect to the New Site and all existing or future improvements thereon, as set forth in Section 604(1). FF. (§ 232) Sales Tax Rebate Commitment. The term “Sales Tax Rebate Commitment” shall mean reasonable assurances evidencing and authorizing City’s covenant to rebate the portion of sales taxes received by City from the personal property purchased by Darling for the construction and operation of the New Plant as set forth in Section 604(2). GG. (§ 233) Schedule of Performance. The term "Schedule of Performance" shall mean that certain Schedule of Performance set forth in Attachment No. 6. HH. (§ 234) Scope of Development. The term “Scope of Development” shall mean that certain Scope of Development set forth in Attachment No. 7. Disposition Agreement Page 6 of 38 Pages II. (§ 235) SJVAPC District. The term “SJVAPC District” shall mean the San Joaquin Valley Air Pollution Control District. JJ. (§ 236) SJVAPC Permits. The term “SJVAPC Permits” shall mean all permits which must be issued by SJVAPC District for the construction and operation of the New Plant. KK. (§ 237) Site and Site Depiction. The Project shall be located on the New Site consisting of approximately twenty (20) acres of land in the City, as generally shown in the "Site Depiction" in Attachment No. 3. LL. (§ 238) Title. The term "Title" shall mean the fee interest in the New Site to be conveyed to Darling. MM. (§ 239) Title Company. The term "Title Company" shall mean Fidelity National Title Insurance Company located at 2540 West Shaw Lane, Suite 112, Fresno, CA 93711 empowered hereunder to act as the Title Company. The title officer shall be Marc Wisneski, Direct: 559-492-4212 with an email address at Marc.Wisneski@titlegroup.fntg.com NN. (§ 240) Transfer. The term “Transfer” shall have the meaning set forth in Section 303. OO. (§ 241) Waste Water Facility Impact Fee Commitment. The term “Waste Water Facility Impact Fee Commitment” shall have the meaning in Section 605(3). PP. (§ 242) WWTP. The term “WWTP” shall mean the City of Fresno Waste Water Treatment Plant. III. (§ 300) PARTIES TO THIS DISPOSITION AGREEMENT. A. (§ 301) City. The City is the City of Fresno, a California municipal corporation. B. (§ 302) Darling. Darling is Darling Ingredients Inc., a Delaware corporation. The principal office of Darling for the purposes of this Disposition Agreement is located at 251 O’Connor Ridge Blvd., Ste. 300, Irving, TX 75038. Except as may be expressly provided herein below, all of the terms, covenants and conditions of this Disposition Agreement shall be binding on and inure to the benefit of Darling and the permitted successors and assigns of Darling. Disposition Agreement Page 7 of 38 Pages C. (§ 303) Restrictions on Transfer. 1. Transfer Defined. The term "Transfer" shall mean and include any assignment, hypothecation, mortgage, pledge, conveyance, or encumbrance of this Disposition Agreement, the New Site, or the improvements thereon. 2. Restrictions Prior to Completion of New Plant. Prior to issuance of the Certificate of Completion and Satisfaction, except to the extent necessary for Darling to obtain the benefits of the New Market Tax Credit funding , Darling shall not Transfer this Disposition Agreement or any of Darling’s rights and obligations hereunder, or any interest in the New Site or in the improvements thereon, directly or indirectly, voluntarily or by operation of law, except as provided below, without the prior written approval of City, and if so purported to be transferred, the same shall be null and void. In the absence of specific written agreement by City, prior to the issuance of a Certificate of Completion and Satisfaction, no assignment or transfer by Darling of all or any portion of its interest in the New Site or this Disposition Agreement (including without limitation an assignment or transfer not requiring City approval hereunder) shall be deemed to relieve it or any successor pa rty from any obligations under this Disposition Agreement with respect to the completion of the development of the Project. In addition, no attempted assignment of any of Darling’s obligations shall be effective unless and until the successor party executes and delivers to City an assumption agreement in a form reasonably approved by City assuming such obligations. 3. Exception. The foregoing prohibition shall not apply to the conveyance or dedication of any portion of the New Site to the City or other appropriate governmental agencies, or the granting of easements or permits to facilitate the development of the New Site. 4. Restrictions after Completion. After Completion of the New Plant as evidenced by the recordation of the Certificate of Completion and Satisfaction, Darling may transfer the New Site without the consent of City but subject to all existing covenants of record. IV. (§ 400) PRECLOSING OBLIGATIONS OF THE PARTIES. A. (§ 401) New Site and Ingress/Egress Easement. City shall cause the New Site to be conveyed to Darling as a separate legal parcel. Pursuant to Government Code sections 66426.5 and 66428(a)(2), a parcel map is not required. City shall grant to Darling an easement for ingress and egress from the New Site to Cornelia Avenue as shown on Attachment No. 3 (the “Driveway Easement”). Darling shall be solely responsible for improving and maintaining the Driveway Easement. B. (§ 402) New Markets Tax Credits. Darling shall promptly apply for New Markets Tax Credits in the Target Amount (as defined below) for the Project and shall diligently pursue such application. Darling shall seek New Markets Disposition Agreement Page 8 of 38 Pages Tax Credits sufficient to fund the sum of Nine Million Dollars ($9,000,000) to be available for capital investments, net of fees and costs incurred for the application including, but not limited to, attorney, accountant, professional and consultant fees (“Target Amount”). Darling shall keep the City regularly advised as to the status of the application process. City agrees to cooperate with the application as reasonably requested by Darling. If Darling receives 95% or more of the Target Amount, Darling shall waive the nonconformity to facilitate a Closing. In the event the actual award is less than 95% of the Target Amount, then Darling and City shall meet to discuss alternatives for providing the amount of the shortfall. Nothing herein shall commit the City or Darling to provide the shortfall. If the parties are not able to resolve the shortfall within a reasonable time, either party may elect to terminate this Disposition Agreement. C. (§ 403) New Site Due Diligence by Darling. 1. AS -IS Acquisition. Darling acknowledges and agrees that City will convey the New Site to Darling in “AS-IS” condition without representation or warranty of any kind, except as expressly set forth herein, and City shall not be responsible for any Hazardous Materials existing on the New Site. Accordingly, Darling shall be responsible for conducting all due diligence with respect to the New Site prior to its acquisition of the New Site. 2. Site Assessment and Remediation. Darling shall, at its sole cost and expense, undertake investigation to assess both the physical condition of the New Site as well as the environmental condition of the New Site (“Site Investigation”). Darling shall complete its Site Investigation within the time periods provided in the Schedule of Performance. If, during the course of the Site Investigation, Darling discovers the existence of any: (i) Environmental Compliance Cost; (ii) Environmental Cleanup Liability; (iii) Hazardous Materials of any kind whatsoever in, on or under the New Site; or, (iv) other issue, problem or hazard (whether environmental or relating to the physical condition of the New Site) which in Darling's sole judgment would create undesirable costs or liabilities to Darling, Darling shall have the right to terminate this Disposition Agreement without further obligation to City by providing written notice of termination to City within time period specified in the Schedule of Performance (“Termination Notice”), and all funds and/or documents deposited into Escrow by either party shall be returned to such party. If Darling does not issue the Termination Notice in the time and manner specified, Darling shall be conclusively deemed to have approved the condition of the New Site. 3. Disclaimer of Warranties. Upon the Close of Escrow, Darling will acquire the New Site in its “AS-IS” condition and shall be responsible for any defects in the New Site, whether patent or latent, including, without limitation, the physical, environmental and geotechnical condition of the New Site, and the existence of any contamination, Hazardous Materials, vaults, debris, pipelines, abandoned wells or other structures located on, under or about the New Site. Except as expressly set forth in this Agreement, City does not make any representation or warranty concerning the physical, environmental, geotechnical or other condition of the New Site, the suitability of the New Site for the Project, and specifically disclaims all representations or warranties of any nature concerning the New Site made by them and their respective employees, agents and representatives. The foregoing disclaimer includes, without limitation, topography, climate air, water rights, soil, subsoil, existence of Hazardous Materials or similar substances, the purpose for which the New Site is suited, or drainage. City does not make any representation or warranty concerning the compaction of soil upon the New Site, nor of the suitability of the soil for construction. Disposition Agreement Page 9 of 38 Pages 4. Right to Enter Site; Indemnification. Subject to compliance with the requirements set forth below, City grants to Darling, its agents and employees a limited license to enter upon the New Site for the purpose of conducting engineering surveys, soil tests, investigations or other studies reasonably necessary to evaluate the condition of the New Site, which studies, surveys, reports, investigations and tests shall be done at Darling's sole cost and expense. Prior to entering the New Site, Darling shall obtain City’s written consent which shall not be unreasonably withheld or delayed provided Darling complies with all the following requirements. Darling shall: (i) notify City prior to each entry of the date and the purpose of intended entry and provide the names and affiliations of the persons entering the New Site; (ii) conduct all studies in a diligent, expeditious and safe manner and not allow any dangerous or hazardous conditions to occur on the New Site during or after such investigation; (iii) comply with all applicable laws and governmental regulations (including issuance of applicable permits to fee for which shall be waived by City); (iv) allow an employee of City to be present at all times at the election of City; (v) keep the New Site free and clear of all materialmen's liens, lis pendens and other liens or encumbrances arising out of the entry and work performed under this paragraph; (vi) maintain or assure maintenance of workers' compensation insurance (or state approved self-insurance) on all persons entering the New Site in the amounts required by the State of California; (vii) provide to City prior to initial entry a certificate of insurance evidencing that Darling has procured and paid premiums for an all-risk public liability insurance policy written on a per occurrence and not claims made basis in a combined single limit of not less than TWO MILLION DOLLARS ($2,000,000) which insurance names City as an additional insured; and other requirements specified in Section 706; (viii) return the New Site to substantially its original condition following Darling's entry; (ix) provide City copies of all studies, surveys, reports, investigations and other tests derived from any inspection without representation or warranty; and, (x) take the New Site at Closing subject to any title exceptions caused by Darling exercising this license to enter. Darling agrees to indemnify, defend and hold City free and harmless from and against any and all losses, damages (whether general, punitive or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys' fees) which City may suffer or incur as a consequence of Darling's exercise of the license granted pursuant to this Section or any act or omission by Darling, any contractor, subcontractor or material supplier, engineer, architect or other person or entity acting by or under Darling (except City and its agents) with respect to the New Site, excepting to the extent such claims arise out of the negligence or misconduct of City. City agrees to indemnify, defend and hold Darling free and harmless from and against any and all losses, damages (other than punitive damages) liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, court costs and legal or other expenses (including reasonable attorneys' fees), that Darling may suffer or incur as a result of its exercise of the license granted pursuant to this Section, and arising or alleged to have arisen, out of the active negligence or misconduct of City. Notwithstanding termination of this Disposition Agreement for any reason, the obligations of the parties under this Section as well as any agreement for early entry which may be entered into by City and Darling prior to the Effective Date shall remain in full force and effect. 5. Hazardous Materials; Release of City. Disposition Agreement Page 10 of 38 Pages Upon transfer of the New Site to Darling, Darling agrees that in the event Darling incurs any loss or liability concerning Hazardous Materials (as hereinafter defined) and/or oil wells and/or underground storage tanks and/or pipelines whether attributable to events occurring prior to or following the Closing, then Darling may look to any prior owners of the New Site, but under no circumstances shall City be liable directly or indirectly regarding Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines. Darling, and each of the entities constituting Darling, if any, from and after the Closing, hereby waives, releases, remises, acquits and forever discharges City, its directors, officers, shareholders, employees, and agents, and their heirs, successors, personal representatives and assigns, of and from any and all Environmental Claims, Environmental Cleanup Liability and Environmental Compliance Costs, as those terms are defined below, and from any and all actions, suits, legal or administrative orders or proceedings, demands, actual damages, punitive damages, loss, costs, liabilities and expenses, which concern or in any way relate to the physical or environmental conditions of the New Site, the existence of any Hazardous Material thereon, or the release or threatened release of Hazardous Materials therefrom, whether existing prior to, at or after the Closing. It is the intention of the parties pursuant to this release that any and all responsibilities and obligations of City, and any and all rights, claims, rights of action, causes of action, demands or legal rights of any kind of Darling, its successors, assigns or any affiliated entity of Darling against City, arising by virtue of the physical or environmental condition of the New Site, the existence of any Hazardous Materials thereon, or any release or threatened release of Hazardous Material therefrom, whether existing prior to, at or after the Closing, are by this Release provision declared null and void and of no present or future force and effect as to the parties; provided, however, that no parties shall be deemed third party beneficiaries of such release. In connection therewith, Darling expressly agrees to waive any and all rights which said party may have under Section 1542 of the California Civil Code which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” DARLING’S INITIALS: _____ Without limiting the foregoing, Darling agrees not to initiate any legal process against the City, and hereby fully releases the City, in connection with any Environmental Claims, Environmental Cleanup Liability or Environmental Compliance Costs, except those that constitute a Preserved Right. For purposes of this Section 403, the following terms shall have the following meanings: a. “Environmental Claim” means any claim for personal injury, death and/or property damage made, asserted or prosecuted by or on behalf of any third party, including, without limitation, any governmental entity, relating to the New Site or its operations and arising or alleged to arise under any Environmental Law. b. “Environmental Cleanup Liability” means any cost or expense of any nature whatsoever incurred to contain, remove, remedy, clean up, or abate any contamination or any Hazardous Materials on or under all or any part of the New Site, including the ground water thereunder, including, without limitation, (A) any direct costs or expenses for investigation, study, assessment, legal representation, cost recovery by governmental agencies, or ongoing monitoring in connection therewith and (B) any cost, expense, loss or damage incurred with respect to the New Site or its operation as a Disposition Agreement Page 11 of 38 Pages result of actions or measures necessary to implement or effectuate any such containment, removal, remediation, treatment, cleanup or abatement. c. “Environmental Compliance Cost” means any cost or expense of any nature whatsoever necessary to enable the New Site to comply with all applicable Environmental Laws in effect. “Environmental Compliance Cost” shall include all costs necessary to demonstrate that the New Site is capable of such compliance. d. “Environmental Law” means any federal, state or local statute, ordinance, rule, regulation, order, consent decree, judgment or common-law doctrine, and provisions and conditions of permits, licenses and other operating authorizations relating to (A) pollution or protection of the environment, including natural resources, (B) exposure of persons, including employees, to Hazardous Materials or other products, raw materials, chemicals or other substances, (C) protection of the public health or welfare from the effects of by-products, wastes, emissions, discharges or releases of chemical sub- stances from industrial or commercial activities, or (D) regulation of the manufacture, use or introduction into commerce of chemical substances, including, without limitation, their manufacture, formulation, labeling, distribution, transportation, handling, storage and disposal. e. “Hazardous Material” is defined to include any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental City, the State of California, or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is: (A) petroleum or oil or gas or any direct or derivate product or byproduct thereof; (B) defined as a “hazardous waste,” “extremely hazardous waste” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (C) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (D) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Sections 25501(j) and (k) and 25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (E) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (F) “used oil” as defined under Section 25250.1 of the California Health and Safety Code; (G) asbestos; (H) listed under Chapter 11 of Division 4.5 of Title 22 of the California Code of Regulations, or defined as hazardous or extremely hazardous pursuant to Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (I) defined as waste or a hazardous substance pursuant to the Porter-Cologne Act, Section 13050 of the California Water Code; (J) designated as a “toxic pollutant” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317; (K) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq. (42 U.S.C. § 6903); (L) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601); (M) defined as “Hazardous Material” pursuant to the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.; or (N) defined as such or regulated by any “Superfund” or “Superlien” law, or any other federal, state or local law, statute, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials and/or oil wells and/or underground storage tanks and/or pipelines, as now, or at any time here-after, in effect. Disposition Agreement Page 12 of 38 Pages f. “Preserved Rights” means rights associated with an Environmental Claim or Environmental Compliance Cost that may arise after the Closing, and which relates to or arise from activities of the City: (i) in fulfilling the Methane Gas Service Commitment; (ii) in fulfilling the Nonpotable Water Service Commitment; or, (iii) which constitutes negligent or willful misconduct by the City that results in a release of Hazardous Materials that adversely affects the New Site and is in violation of Environmental Law. Notwithstanding any other provision of this Disposition Agreement, Darling’s release and indemnification as set forth in the provisions of this Section, as well as all provisions of this Section shall survive the termination of this Disposition Agreement and shall continue in perpetuity. 6. Covenant to Provide Notice. Notwithstanding anything to the contrary in this Agreement, if after the Effective Date the City receives written communication from a public agency that: (a) Hazardous Materials are alleged to exist on the New Site; or, (b) an investigation has commenced regarding potential violations of Environmental Law that affect the New Site, City shall provide Darling prompt written notice of such communication. D. (§ 404) Entitlements. 1. Proposed Development’s Consistency with Plans and Codes. City covenants to cooperate with Darling to obtain all Entitlements as required for the construction, operation, and use of the New Plant as provided in this Disposition Agreement subject to approval of the Project in accordance with applicable law, including, but not limited to, California Environmental Quality Act. City does not make any representations or warranties with respect to approvals required by any other governmental entity or with respect to approvals hereinafter required from City and City reserve full police power authority over the Project. However, City shall cooperate with Darling in procuring the foregoing approvals. Nothing in this Disposition Agreement shall be deemed to be a prejudgment or commitment with respect to such items or a guarantee that such approvals or permits will be issued within any particular time or with or without any particular conditions. 2. Evolution of Development Plan. Concurrently with the approval of this Disposition Agreement, City has approved Darling’s Basic Concept Drawings. On or before the date set forth in the Schedule of Performance, Darling shall submit to the City preliminary, and thereafter final, drawings a nd specifications for development of the New Site in accordance with the Scope of Development, and all in accordance with the City’s requirements. The term preliminary and final drawings shall be deemed to include site plans, building plans and elevations, grading plans, if applicable, landscaping plans, parking plans, material pallets, a description of structural, mechanical, and electrical systems, and all other plans, drawings and specifications. Final drawings will be in sufficient detail to obtain a bu ilding permit. Said plans, drawings and specifications shall be consistent with the Scope of Development and the various development approvals referenced hereinabove, except as such items may be amended by City (if applicable) and by mutual consent of City and Darling. Plans (concept, preliminary and construction) shall be progressively more detailed and will be approved if a logical evolution of plans, drawings or specifications previously approved. 3. Darling’s Efforts to Obtain Approvals. Disposition Agreement Page 13 of 38 Pages Darling shall promptly cooperate with City to timely submit all documents and information necessary to obtain all development and building approvals from the City in a timely manner, and City shall cooperate with Darling in connection therewith. Not by way of limitation of the foregoing, in developing and constructing the New Plant, Darling shall comply with all applicable development standards in City’s Municipal Code and shall comply with all building codes, landscaping, signage, and parking requirements, except as may be permitted through approved variances and modifications. 4. Reasonable Assistance. Subject to compliance with: (i) the applicable City development standards for the New Site; and, (ii) all applicable laws and regulations governing such matters as public hearings, site plan review and environmental review, City agrees to act expeditiously in processing and offering for approval, at no cost to Darling, Darling’s submittals required under this Section in order that Darling can obtain a final City action on such matters within the time set forth in the Schedule of Performance. City shall not impose any public hearing requirements not required under applicable laws and regulations. City’s failure to provide necessary approvals or permits within such time periods, after and despite Darling’s reasonable efforts to submit the documents and information necessary to obtain the same, shall constitute an Enforced Delay. 5. Disapproval. City shall expedite all submittals by Darling. City shall complete its first review of any submittal made by Darling pursuant to this Section within fifteen (15) business days after such submittal. All submittals made by Darling shall note the fifteen (15) business day time limit, and specifically reference this Disposition Agreement and this section. Any disapproval shall state in writing in reasonable detail the reason for the disapproval and detail the changes which City requests be made. Darling shall make the required changes and revisions and resubmit for approval as soon as is reasonably practicable, but no more than thirty (30) days of the date of disapproval Thereafter, City shall have an additional ten (10) business days for each subsequent review, but if City disapproves the resubmittal, then the cycle shall repeat, until City’s approval has been obtained. The foregoing periods may be shortened if so specified in the Schedule of Performance. 6. CEQA. City shall be the lead agency for obtaining the approval of this Disposition Agreement and the Project as required by the California Environmental Quality Act ("CEQA"). City shall be solely responsible for all costs and expenses for all CEQA reports and investigations. Darling specifically acknowledges and agrees that Darling shall satisfy all conditions necessary to ensure that the Project conforms to all applicable CEQA requirements and applicable mitigation measures, except for such matters are addressed by the Financial Assistance, and except for the rights of Darling pursuant to Section 404(7) below. Upon City’s request, Darling agrees to promptly supply information and otherwise to assist City to determine the environmental impact of the proposed development and to allow City to prepare and process such environmental documents, if any, as may need to be completed for the development pursuant to the requirements of CEQA. City agrees to indemnify and hold Darling harmless for all Claims or Litigation provided, however, that Darling shall fully cooperate with City with respect to the defense of any litigation. Disposition Agreement Page 14 of 38 Pages 7. Disapproval of Conditions or Mitigations. If Darling determines, in its sole judgment, that any conditions of approval for the Project, or any mitigation measure imposed by CEQA compliance, provided such conditions or mitigation measures were added after Darling signed this Agreement (or are among the "MND Mitigation Burdens" listed below) would create undesirable costs or liabilities to Darling, Darling shall have the right to terminate this Agreement without further obligation to City by providing written notice of termination to City not less than forty-five (45) days after the certification of the CEQA compliance document or final adoption of the condition of approval that imposes such requirement or mitigation measure. The following items are MND Mitigation Burdens: (a) changes in the New Plant site plan or intended operations that may be imposed pursuant to the odor management plan imposed by AIR-1; (b) implementation of mitigation measures that may arise from the loss of burrowing owl nests as detailed in the MND Mitigation Measure BIO-2; (c) remediation of any contaminations that may be identified by the Phase II ESA required in MND Mitigation Measure HAZ-1; (d) implementation of mitigation measures that may arise from the requiremen t to have stationary equipment reduce GHG by 29% (beyond the reductions achieved through the implementation of Air District BPS standards), as detailed in MND Mitigation Measure GHG-1; and (e) changes in the New Plant site plan or intended operations that may be imposed pursuant to the noise minimization plan imposed by NOI-1. V. (§ 500) TRANSFER OF NEW SITE TO DARLING. A. (§ 501) Conveyance. In accordance with and subject to all the terms, covenants and conditions of this Disposition Agreement, City agrees to convey the New Site to Darling subject to the terms of the Deed, and Darling specifically agrees to accept the New Site and covenants to develop and operate the New Site as a new rendering plant consistent with the Scope of Development, the Approved Plans and Section 800 et seq. B. (§ 502) Escrow. Escrow shall be opened in the time specified in the Schedule of Performance. This Disposition Agreement shall constitute the joint escrow instructions of City and Darling to Escrow Agent, and a duplicate original of this Disposition Agreement shall be delivered to Escrow Agent upon the opening of Escrow. Escrow Agent is empowered to act under the instructions in this Disposition Agreement. City and Darling shall promptly prepare, execute, and deliver to Escrow Agent such additional escrow instructions (including Escrow’s standard general provisions) consistent with the terms herein as shall be reasonably required by Escrow Agent. No provision of any additional escrow instructions shall modify this Disposition Agreement without specific written approval of the modification(s) by both parties. C. (§ 503) Conditions to Close of Escrow. 1. Darling’s Conditions to Closing. Darling’s obligation to acquire the New Site and to close Escrow, shall, in addition to any other conditions set forth herein in favor of Darling, be conditioned and contingent upon the satisfaction or written waiver by Darling, of each and all of the following conditions (collectively the "Darling’s Conditions to Closing") within the time provided in the Schedule of Performance: Disposition Agreement Page 15 of 38 Pages (a) Darling has obtained the New Market Tax Credits in accordance with Section 402. (b) Title of the New Site will be conveyed in a good and merchantable condition subject only to those exceptions recited in the Deed and those exceptions to title approved pursuant to Section 505(5) and the Title Company has agreed to issue the Title Policy in the amount of the fair market value of the New Site with such endorsements as reasonably required by Darling. (c) Darling has received all required Entitlements for the Project as described in Section 404, and has obtained all other approvals and permits described in Section 707. (d) The Property Tax Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (e) The Sales Tax Rebate Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (f) The Impact Fee Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (g) The Permit and Entitlement Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (h) The Waste Water Facility Impact Fee Commitment has been provided to Darling, to Darling’s reasonable satisfaction. (i) The New Site shall be delivered to Darling free and clear of any tenants or right of possession of any other persons or entities. (j) The Concerned Citizens of West Fresno shall have entered into a written agreement that stays further prosecution of the Litigation and provides for dismissal with prejudice of the Litigation at such time as Darling ceases rendering operations at the Existing Plant in accordance with Section 901. (k) No Claims or Litigation shall be pending or threatened. (l) No Environmental Claim that could not have been discovered with reasonable effort during the Site Investigation activities, shall exist or be threatened. Any waiver of the foregoing conditions must be express and in writing delivered in a timely manner. In the event that the foregoing conditions have not been satisfied or waived within the time provided in the Schedule of Performance, a party may terminate this Disposition Agreement by delivering a written notice in accordance with Section 507. 2. City’s Conditions to Closing. City’s obligation to deliver the New Site and to close Escrow, shall, in addition to any other conditions set forth herein in favor of City, be conditioned and contingent upon the satisfaction or written waiver by City, of each and all of the following conditions (collectively the "City’s Conditions to Closing") within the time provided in the Schedule of Performance: Disposition Agreement Page 16 of 38 Pages (a) Darling has received all required Entitlements for the Project as described in Section 404, and has obtained all other approvals and permits described in Section 707. (b) Darling has deposited all applicable documents required under this Disposition Agreement. (c) As of the Closing, Darling shall not be in default hereunder, nor shall any event or occurrence exist that with the passage of time or giving of notice or both would constitute such a default by Darling. Any waiver of the foregoing conditions must be express and in writing. In the event that Darling fails to satisfy City’s foregoing conditions or defaults in the performance of its obligations hereunder, City may terminate this Disposition Agreement and the Escrow pursuant to Section 404 without any liability to Darling. 3. Parties’ Conditions to Closing. Prior to the Closing Date, City shall execute and deliver a certificate (“Taxpayer ID Certificate”) in such form as may be required by the IRS pursuant to Section 6045 of the Internal Revenues Code or the regulations issued pursuant thereto, certifying as to the description of the New Site, date of Closing, taxpayer identification numbers and other information as required by law. Prior to the Closing, Darling and City shall cause to be delivered to the Escrow Agent such other items, instruments and documents, and the parties shall take such further actions, as may be necessary or desirable in order to complete the Closing. At the Closing neither party shall be in breach of its obligations hereunder. D. (§ 504) Conveyance of the New Site. 1. Time for Conveyance. Escrow shall close after satisfaction (or written waiver by the benefited party) of the applicable conditions to close of Escrow, but not later than the date specified in the Schedule of Performance, unless extended by the mutual agreement of the parties or any Enforced Delay. Possession of the New Site shall be delivered to Darling at Close of Escrow free of all tenancies and occupants other than any title matters approved in accordance with Section 505. 2. Escrow Agent to Advise of Costs. On or before the date set in the Schedule of Performance, Escrow Agent shall advise City and Darling in writing of the fees, charges, and costs necessary to clear title and close Escrow, and of any documents which have not been provided by said party and which must be deposited in Escrow to permit timely Closing. 3. Deposits by City Prior to Closing. On or before, but not later than two (2) business days prior to the date set for the Closing in the Schedule of Performance, City shall deposit into Escrow: (i) the Deed, executed and acknowledged by City; (ii) two (2) executed copies of the Property Tax Rebate Commitment; (iii) two (2) executed copies of the Sales Tax Rebate Commitment; (iv) two (2) executed copies of the Impact Fee Commitment; (v) two (2) executed copies of the Permit and Entitlement Commitment; (vi) two (2) executed copies of the Waste Water Facility Impact Fee Commitment; (vii) an estoppel certificate certifying that Darling has completed all acts, other than as specified, necessary for Disposition Agreement Page 17 of 38 Pages conveyance; (viii) the Taxpayer ID Certificate; and, (ix) payment of City’s share of costs as set forth in Section 506. 4. Deposits by Darling Prior to Closing. On or before, but not later than two (2) business days prior to the date s et for the Closing in the Schedule of Performance, Darling shall deposit into Escrow: (i) an estoppel certificate certifying that City have completed all acts, other than as specified, necessary to conveyance; (ii) the Taxpayer ID Certificate; (iii) consent to the Deed to be attached prior to recordation; (iv) two (2) executed copies of the Property Tax Rebate Commitment; (v) two (2) executed copies of the Sales Tax Rebate Commitment; (vi) two (2) executed copies of the Impact Fee Commitment; (vii) two (2) executed copies of the Permit and Entitlement Commitment; (viii) two (2) executed copies of the Waste Water Facility Impact Fee Commitment; (ix) a Preliminary Change of Ownership (PCOR); and, (xi) payment to Escrow Agent of Darling’s share of any costs in accordance with Section 506. 5. Recordation and Disbursement of Funds (if any). Upon the completion by City and Darling of the required deliveries and actions prior to Closing, Escrow Agent is authorized to pay any transfer taxes and recording fees under applicable law, and thereafter cause to be recorded in the appropriate official records of Fresno County, California, in the following order: (i) the Deed with Darling’s consent attached; (ii) the Covenant Agreement; and, (iii) any other appropriate instruments delivered through this Escrow, if necessary or proper to vest title of the New Site in Darling in accordance with the terms of this Disposition Agreement. Immediately following Closing, Escrow Agent shall deliver the Title Policy to Darling (with a copy to City) insuring title and conforming to the requirements of Section 505. Following recordation, Escrow Agent shall deliver conformed copies of all recorded documents to Darling and City. E. (§ 505) Title Matters. 1. Condition of Title. At close of Escrow, City shall convey to Darling fee title to the New Site subject to: (i) non- delinquent real property taxes; (iii) quasi-public utility, public alley and public street easements of record; and, (iv) covenants, conditions and restrictions and other encumbrances and title exceptions approved by Darling under this Section 505. 2. [Not Used] 3. Delivery of Possession to Darling. Immediately after the Close of Escrow, City shall deliver exclusive possession of the New Site to Darling free of any tenants and occupants. 4. Agreement to Not to Encumber Site. City covenants to Darling that commencing with the Effective Date through the Close of Escrow, it will not transfer, sell, hypothecate, pledge, or otherwise encumber the New Site without the express written permission of Darling. Disposition Agreement Page 18 of 38 Pages 5. Approval of Title Exceptions. Prior to the date in the Schedule of Performance, City shall deliver a current preliminary title report issued by the Title Company for the New Site to Darling including copies of all documents referenced therein. Prior to the date in the Schedule of Performance, Darling shall deliver to City written notice, with a copy to Escrow Agent, specifying in detail any exception disapproved and the reason therefor. Prior to the date in the Schedule of Performance, City shall each deliver written notice to Darling as to whether it will or will not cure the disapproved exceptions. If City elects not to cure the disapproved exceptions, Darling may terminate this Disposition Agreement and the Escrow but without any liability of City to Darling, or Darling may withdraw its earlier disapproval. If City elects to cure the disapproved exceptions, it shall do so on or before the Closing. Thereafter, if Escrow fails to timely close because: (i) City has failed to cure the disapproved exceptions, or, (ii) due to exceptions not previously reported but which arise due to acts of owner subsequent to issuance of the preliminary title report (provisions (i) and (ii) are referenced to herein as “Acts of Owner”), and if City cannot cure said defects within the time provided in Section 410, then Darling may terminate this Disposition Agreement and the Escrow, and obtain reimbursement from the City for its reasonable costs of performance under this Agreement, in an amount not t o exceed $150,000.00. In the event the failure to close is due to the existence of other conditions of title not approved by Darling which: (i) are not the result of Acts of Owner; and, (ii) are not reasonably acceptable to Darling, then the parties shall negotiate in good faith to correct the title problem, and shall consider courses of action with the title company, bonding and indemnities, and other modifications to this Disposition Agreement. If such good faith negotiations do not resolve the matter before the time period specified in the Schedule of Performance, then Darling shall have the right to either waive such failure and proceed to a close of Escrow, or terminate this Agreement and the Escrow, and neither party shall thereupon have any further duties or liabilities to the other under this Agreement. 6. Title Policy. At the close of Escrow, Escrow Agent shall cause the Title Company to issue and deliver to Darling an ALTA extended coverage title insurance policy ("Title Policy") insuring that the fee simple title of the New Site is vested in Darling in the condition required by this Disposition Agreement, including any endorsements reasonably requested by Darling and in the amount of the fair market value of the New Site. City shall pay the cost of issuing to Darling an ALTA extended policy for the New Site. Darling shall pay for any additional endorsements or coverage requested by Darling. At Closing, the Escrow Agent shall provide City with a copy of the Title Policy. The Title Company shall, if requested by Darling in writing and at Darling’s sole cost and expense, provide Darling with an endorsement to the Title Policy to insure the amount of Darling's estimated construction cost of the Improvements and any other endorsements requested by Darling . F. (§ 506) Costs of Escrow. 1. Allocation of Costs. Escrow Agent is authorized to allocate costs of the Closing to City, including but not limited to, the cost of the Title Policy; documentary taxes; and escrow fees. No recording fees should be paid as City is exempt as a governmental agency. Darling shall pay any additional premium amounts for the Title Policy beyond ALTA extended coverage and any special endorsements. Each party shall pay its own attorneys’ fees for the drafting of this Disposition Agreement and any legal work required to consummate this transaction, however, this provision shall not be construed to limit the rights of a non-defaulting party under Section 1007. Disposition Agreement Page 19 of 38 Pages 2. Prorations and Adjustments. As City is exempt from ad valorem taxes and assessment s on the New Site, no prorations shall be made by Escrow Agent. 3. Extraordinary Services of Escrow Agent. Escrow fees and charges contemplated by this Disposition Agreement incorporate only the ordinary services of Escrow Agent as listed in this Disposition Agreement. In the event that Escrow Agent renders any service not provided for in this Disposition Agreement, or that Escrow Agent is made a party to, or reasonably intervenes in, any litigation pertaining to this Escrow or the subject matter thereof, then Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses occasioned by such default, controversy or litigation. 4. Escrow Agent’s Right to Retain Documents. Escrow Agent shall have the right to retain all documents and/or other things of value at any time held by it hereunder until such compensation, fees, costs and expenses are paid. The parties jointly and severally promise to pay such sums upon demand. G. (§ 507) Termination of Escrow. 1. Termination. Escrow (and this Disposition Agreement) may be terminated by demand of a party who then shall have fully performed its obligations hereunder if: (a) The Conditions to Closing have not occurred or have not been approved, disapproved, or waived as the case may be, by the approving party by the date established herein for the occurrence of such Condition, including any grace period pursuant to this Section; (b) Escrow is not in a condition to close by the date set for Closing; or, (c) Either party is in breach of the terms and conditions of this Disposition Agreement. In the event of the foregoing, the terminating party may, in writing, demand return of its money, papers, or documents from the Escrow Agent and shall deliver a copy of such demand to the non-terminating party or parties. No demand shall be recognized by the Escrow Agent until thirty (30) days after the Escrow Agent shall have mailed copies of such demand to the non- terminating party or parties, and if no objections are raised in writing to the terminating party and the Escrow Agent by the non-terminating party within the thirty (30) day period. In the event of such objections, the opportunity to cure shall be provided as stated below in Subsection 2 of this Section. In addition, the Escrow Agent is authorized to hold all money, papers, and documents until instructed in writing by Darling and City, upon failure thereof, by a court of competent jurisdiction; provided that after expiration of the cure period provided in Subsection 2 of this Section. If no such demands are made, the Escrow shall be closed as soon as possible and neither party shall have any further liability to the other. Disposition Agreement Page 20 of 38 Pages 2. Opportunity to Cure. Prior to Closing, in the event any of the Conditions to Closing are not satisfied or waived by the applicable party with the power to approve said Conditions (the "approving party"), then such party shall explain in writing to the other party (the "non-approving party") the reason for the disapproval. Thereafter, the non-approving party shall have an additional thirty (30) days to satisfy any such Condition to Closing, and only if such Conditions still cannot be satisfied may the approving party terminate the Escrow. In the event Escrow is not in a condition to close because of a default by a party, and the performing party has made demand as stated in Subsection 1 of this Section, then upon the non-performing party's delivering its objection to Escrow Agent and the performing party within the above thirty (30) day period, the non- performing party shall have the right to cure the default in accordance with and in the time provided in Section 901(1). H. (§ 508) Responsibility of Escrow Agent. 1. Deposit of Funds. All funds received in Escrow shall be deposited by Escrow Agent in a special Escrow account with any state or national bank doing business in the State of California and may not be combined with other Escrow funds of Escrow Agent or transferred to any other general Escrow account or accounts. 2. Notices. All communications from Escrow Agent shall be directed to the addresses and in the manner provided in Section 1101 of this Disposition Agreement for notices, demands and communications between City and Darling. 3. Sufficiency of Documents. Escrow Agent is not to be concerned with the sufficiency, validity, correctness of form, or content of any document prepared outside of Escrow and delivered to Escrow. The sole duty of Escrow Agent is to accept such documents and follow Darling’s and City’s instructions pursuant to this Disposition Agreement. 4. Exculpation of Escrow Agent. Escrow Agent shall not be liable for the failure of any of the Conditions to Closing of this Escrow, forgeries or false personation, unless such liability or damage is the result of negligence or willful misconduct by Escrow Agent. 5. Responsibilities in the Event of Controversies. If any controversy documented in writing arises among Darling, City or with any third party with respect to the subject matter of this Escrow or its terms or conditions, Escrow Agent shall not be required to determine the same, to return any money, papers or documents, or take any action regarding the New Site prior to settlement of the controversy by a final decision by an arbitrator, by a court of competent jurisdiction, or by written agreement of the parties to the controversy, as the case may be. Escrow Agent shall be responsible for timely notifying Darling, City of the controversy. In the event of such a controversy, Escrow Agent shall not be liable for interest or damage costs resulting from failure to timely close Escrow or take any other action unless such Disposition Agreement Page 21 of 38 Pages controversy has been caused by the failure of Escrow Agent to perform its responsibilities hereunder. VI. (§ 600) CITY’S POST CLOSING OBLIGATIONS AND COMMITMENTS. A. (§ 601) Pipelines. 1. PG&E Gas Line. Within ninety (90) days following Closing, City shall, at no cost or expense to Darling, coordinate with Pacific Gas & Electric to provide a gas line to the New Site to provide gas services to the New Plant (“PG&E Gas Line”). The PG&E Gas Line shall be constructed by PG&E, shall be stubbed to the boundary of the New Site and shall be sized sufficiently to deliver methane gas in a capacity to service the PG&E gas service demands of both the New Plant and the WWTP. Darling shall cooperate with PG&E and City with respect to the necessary specifications of the gas line and service requirements. City will ensure that the PG&E Gas Line is installed not less than three (3) months prior to the anticipated commencement of construction of t he New Plant which date shall be provided by Darling. 2. Methane Gas Line. Within ninety (90) days following Closing, but no earlier than July 1, 2018, City shall, at no cost or expense to Darling, provide a methane gas line to the New Site to provide methane services to the New Plant (“Methane Gas Line”). The methane line shall be stubbed to the boundary of the New Site, at a location mutually acceptable to City and Darling, in a capacity to service the New Plant consistent with the standards detailed in the Methane Gas Service Commitment. City will ensure that the Methane Gas Line is installed not less than three (3) months prior to the anticipated commencement of construction of the New Plant which date shall be provided by Darling. 3. Nonpotable Water Supply Line. Within ninety (90) days following Closing, City shall, at no cost or expense to Darling, coordinate with WWTP to provide a nonpotable water line to the New Site to provide nonpotable water to the New Plant (“Nonpotable Water Supply Line”). The Nonpotable Water Supply Line shall be stubbed to the boundary of the New Site, at a location mutually acceptable to City and Darling, in a capacity to service the New Plant. Darling shall cooperate with the WWTP and City with respect to the necessary specifications of the nonpotable water and service requirements. City will ensure that the Nonpotable Water Supply Line is installed not less than three (3) months prior to the anticipated commencement of construction of the New Plant which date shall be provided by Darling. B. (§ 602) New Well Development & Use. Within fifteen (15) months from the Closing, City shall complete the development of a well (including installation of equipment, pumps, electrical services, pipelines, meters, and related facilities (“New Well”) meeting all public potable water supply well standards, adjacent to or on the New Site. The New Well shall deliver water at 50 psi to the New Site. If the New Well is to be located on the New Site, Darling will grant City such licenses to access and conduct such construction pursuant to a license agreement utilizing the City’s standard form for permitting access to City owned property. If the New Well is not located on the New Site, City will provide a pipeline to the boundary of the New Site, at a location mutually acceptable to City and Darling, and Disposition Agreement Page 22 of 38 Pages an easement in favor of Darling providing for its rights to maintain and repair the New Well . Darling shall not be charged for any usage or capacity charges for the water extractions from the New Well except for extraction fees imposed by any applicable groundwater sustainability agency having jurisdiction under the Sustainable Groundwater Management Act, and only to the extent imposed on a non-discriminatory basis. However, notwithstanding the foregoing, Darling shall be solely responsible to pay the costs for: (i) electricity for operating the New Well; and, (ii) maintaining the New Well. City shall be solely responsible for all permitting, inspection, and testing required as part of the initial development of the New Well. Darling will be solely responsible for all testing and reporting of well data to the State Water Resources Control Board as part of the operations of the New Well, and will hold the regulatory permits for the New Well. C. (§ 603) Utility Service Commitments. 1. Methane Gas Service Commitment. City commits that, upon construction of the Methane Gas Line pursuant to Section 601(2), methane gas will be available to the New Site through the Methane Pipeline at a minimum capacity of 500 scfm for twenty (20) hours per day for every day of the year with quality at ninety-five percent (95%) methane content and 900 btus per cubic foot. No usage or capacity charges shall be imposed for delivery of the methane gas or use of the Methane Gas Pipeline. City’s commitment as set forth in this Section shall continue for a period of thirty (30) years from the Closing Date. The provisions of this Section 603(1) are referred to herein as the Methane Gas Service Commitment. The City shall have the right to elect to have some or all of its Methane Gas Service Commitment satisfied by the delivery of methane gas to the New Site through the Methane Pipeline by PG&E or another third party, provided such deliveries shall be at no cost to Darling, and provided that the City shall remain responsible for assuring that the quality of the methane content and the service delivery standards set forth above, are satisfied by such alternative supplier. 2. Nonpotable Water Service Commitment. City commits that, upon construction of the Nonpotable Water Supply Line pursuant to Section 601(3), water will be available to the New Site through the Nonpotable Water Supply Pipeline at a capacity sufficient for the New Plant operations and maintenance of the New Site. No usage or capacity charges shall be imposed for delivery of the nonpotable water supply. City’s commitment as set forth in this Section shall continue for a period of thirty (30) years from the Closing Date. D. (§ 604) Rebate Commitments. 1. Property Tax Rebate Commitment. As a condition precedent to Closing, City and Darling shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance that all real and personal property taxes that are allocated to City by the County of Fresno, or allocable to the County of Fresno General Fund, with respect to the New Site and all existing or future improvements thereon, shall be rebated to Darling on an annual basis not later than sixty (60) days after the receipt by City and the County of their respective allocated amounts. The commitment as set forth in this Section shall continue for a period of thirty (30) fiscal years from the Closing Date. Disposition Agreement Page 23 of 38 Pages 2. Sales Tax Rebate Commitment. In order to complete the New Plant, Darling may elect to purchase new equipment for the operation of the rendering plant either directly or through its contractors (“Purchased Equipment”). As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all sales taxes paid for the Purchase Equipment to the extent allocated to City by the State Board of Equalization (“Board”) for the Purchased Equipment (“Rebated Amount”) shall be rebated to Darling as set forth below. Within one (1) year after recordation of the Certificate of Completion and Satisfaction under this Disposition Agreement, Darling may provide to City a written request for the rebate by providing summary of all Purchased Equipment together with supporting documentation (“Rebate Request”). Not later than the later to occur of: (i) ninety (90) days after City’s receipt of the Rebate Request; or, (ii) City’s actual receipt of the Rebated Amount from the Board, City shall pay the Rebate Amount to Darling. E. (§ 605) Impact & Related Fee Commitments. 1. Impact Fee Commitment. As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all Impact Fees or capacity charges (other than school fees) that are imposed by City shall be abated for the New Plant. 2. Permit and Entitlement Fee Commitment. As a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all City permit and Entitlement Fees that may be required for the Project (except business license fees) shall be abated for the New Plant. As provided in Section 707, Darling shall not be required to pay any grading or building permit fees for the New Plant. 3. Waste Water Facility Impact Fee Commitment. Without limiting the generality of Section 605(1) above, as a condition precedent to Closing, City shall coordinate all legislative, regulatory and administrative actions to provide reasonable assurance to Darling that all Impact Fees or capacity charges potentially imposed by WWTP for capacity up to two hundred percent (200%) of the actual capacity utilized by the Existing Plant as of the Effective Date shall be abated. Darling understands that any capacity charges for usage in excess of the specified amount shall be the responsibility of Darling. On the thirtieth (30) annual anniversary of the Closing Date, Darling shall have no further right to accrue further capacity entitlements pursuant to this provision, but shall remain vested with the capacity entitlements that it is regularly and legally using as of such date. VII. (§ 700) DARLING’S POST CLOSING OBLIGATIONS. A. (§ 701) Development of New Site. Upon City’s satisfaction of all obligations in Section 600, Darling shall, at its sole cost and expense, promptly commence and diligently prosecute the construction of the New Plant as Disposition Agreement Page 24 of 38 Pages provided in the Scope of Development, Darling’s Basic Concept Drawings, and the plans and permits approved by City pursuant to Section 404(3) and (4). Notwithstanding any other provision set forth in this Disposition Agreement to the contrary, in the event of any conflict between the narrative description of the Project in this Disposition Agreement (including the Scope of Development) and the approved plans and permits, the approved plans and permits shall govern. B. (§ 702) Development Plans, Final Building Plans. 1. Development’s Consistency with Plans and Codes. Darling’s proposed development, and construction, operation, and use of the New Site as provided in this Disposition Agreement are subject to the: (i) approval of the Project in accordance with applicable law; (ii) the development approvals yet to be obtained, including a conditional use permit, development permit, a general plan amendment and a zoning amendment; and, (iii) City’s review and approval of the Project in accordance with the California Environmental Quality Act. Darling understands that City does not make any representations or warranties with respect to approvals required for the Project and City reserve full police power authority over the Project. Although City covenants to cooperate with Darling in procuring the required approvals, nothing in this Disposition Agreement shall be deemed to be a prejudgment or commitment with respect to such items or a guarantee that such approvals or permits will be issued within any particular time or with or without any particular conditions. C. (§ 703) Costs of Construction; Financial Assistance. Except for items encompassed in the Financial Assistance, the cost of developing the New Site and constructing all of the on-site and off-site improvements, if any, at or about the New Site required to be constructed for the Project shall be borne solely by Darling. Darling shall comply with all applicable laws including prevailing wages (if applicable) and shall defend and hold City harmless from and against any and all increase in construction costs, or other liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of any action or determination that Darling was subject to prevailing wages in connection with the construction of the Project. D. (§ 704) Schedule of Performance; Progress Reports. Darling shall begin and complete all plans, reviews, construction and development specified in the Scope of Development and commencement of operations within the times specified in the Schedule of Performance or such reasonable extensions of said dates as may be mutually approved in writing by the parties, except to the extent Darling's ability to maintain compliance with Schedule of Performance is frustrated due to an event of Enforced Delay. Once construction is commenced, it shall be diligently pursued to completion, and shall not be abandoned for more than thirty (30) consecutive days, except when due to an Enforced Delay. Darling shall keep City informed of the progress of construction and submit to City written reports of the progress of the construction when and in the form reasonably requested by City. E. (§ 705) Indemnification During Construction. During construction on the New Site and until such time as a Certificate of Completion and Satisfaction has been issued pursuant to this Disposition Agreement, Darling shall indemnify and hold City harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys’ fees and court costs) arising from or as a result of the death of any person or any accident, injury, loss, or damage whatsoever caused to any person or to the property of any Disposition Agreement Page 25 of 38 Pages person which shall occur on the New Site and which shall be directly or indirectly caused by any acts, errors or omissions of Darling or its agents, servants, employees, or contractors. Darling shall not be responsible for (and such indemnity shall not apply to) any acts errors or omiss ions of City or their respective agents, servants, employees or contractors. City shall not be responsible for any acts, errors or omissions of any person or entity except its own agents, servants, employees or contractors subject to any and all statutory and other immunities. City shall also be responsible for the indemnity and related obligations provided for in Section 403-4. F. (§ 706) CGL and Workers’ Compensation Insurance. 1. Types of Insurance. Prior to the entry of Darling on the New Site for investigation, and until such time as a Certificate of Completion and Satisfaction is issued, Darling shall procure and maintain (or cause to be procured and maintained), at its sole cost and expense, the following policies of insurance: Darling shall keep or cause to be kept in force for the mutual benefit of City and Darling insurance with policy types and limits no less than those set forth in Attachment No. 4, which shall include, without limitation, insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the New Site, improvements or adjoining areas or ways, affected by such use of the New Site or for property damage. Darling shall also furnish or cause to be furnished to City evidence reasonably satisfactory to it that any contractor with whom Darling has contracted for the performance of any work for which Darling is responsible hereunder carries workers' compensation insurance as required by law. 2. Policy Form, Content and Insurer. Except for the umbrella liability coverage carrier, National Fire and Marine Insurance Co. (NAIC #20079), all insurance required by express provisions hereof shall be carried only by insurance companies authorized to do business by California, rated "A-" or better in the most recent edition of Best Rating Guide, and only if they are of a financial category Class VIII or better. All such property policies shall contain language, to the extent obtainable, to the effect that: (i) any loss shall be payable notwithstanding any act of negligence of City or Darling that might otherwise result in the forfeiture of the insurance; (ii) the policies are primary and noncontributing with any insurance that may be carried by City; and, (iii) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City's designated representative. Darling shall furnish City with certificates evidencing the insurance as well as full copies of the policies. City shall be named as additional insureds on all policies of insurance required to be procured by the terms of this Disposition Agreement other than workers’ compensation insurance. 3. Failure to Maintain Insurance and Proof of Compliance. Darling shall deliver to City, in the manner required for notices, copies of certificates of all insurance policies together with a copy of the policies required hereunder within the following time limits: (a) For insurance required above, prior to entry of Darling on the New Site by or on behalf of Darling. (b) For any renewal or replacement of a policy already in existence, Disposition Agreement Page 26 of 38 Pages simultaneously with the expiration or termination of the existing policy. If Darling fails or refuses to procure or maintain insurance as required here by or fails or refuses to furnish City with required proof that the insurance has been procured and is in force, such failure shall be a default hereunder, subject to the applicable cure period. G. (§ 707) Governmental Agency Permits. Before commencement of construction or development of any structures or other work on the New Site which are Darling’s responsibility under the Scope of Development, Darling shall secure or cause to be secured any and all permits which may be required by City or any other applicable governmental agency having jurisdiction. Without limiting the generality of the foregoing, Darling shall diligently pursue all permits required by SJVAPC District for the construction and operation of the New Plant. City hereby waives all applicable fees for the issuance of City permits. Darling shall pay all normal and customary fees and charges for permits issued by other governmental agencies. Darling shall not be obligated to commence construction if any such permit is not issued despite good faith effort by Darling. To the extent legally permissible, City covenants to provide for expedited processing of all City permits and Entitlements required for the construction and development of the New Plant and the New Site in accordance with the Approved Plans, including (i) that permits shall be issued over-the-counter by the Planning Director or the director of other departments having responsibility for issuance of City permits; (ii) shall not require approval of the Planning Commission; and (iii) shall not require a public hearing. If there is delay beyond the usual time for obtaining any such permits due to no fault of Darling, the Schedule of Performance shall be extended to the extent such delay prevents any action which could not legally or would not in accordance with good business practices be expected to occur before such permit was obtained. H. (§ 708) Right of Access. Representatives of City shall have the reasonable right of access to the New Site at any time during normal construction hours during the period of construction, for the purpose of assuring compliance with this Disposition Agreement, including, but not limited to, the inspection of the construction work being performed by or on behalf of Darling. Such representatives of City shall be those who are so identified in writing by the City Manager. Each such representative of City shall identify himself or herself at the job site office upon his or her entrance to the New Site . Except in cases of emergency, no such representative of the City shall access the site unless the construction superintendent or similar person in charge on the New Site is available to accompany him or her during the inspection, and such City representative wears the safety gear reasonably required and made available by Darling, and complies with all safety standards imposed by Darling. City shall indemnify, defend, and hold Darling harmless from any injury or property damage caused or liability arising out of City’s exercise of this right of access. I. (§ 709) Applicable Laws. Darling shall carry out the construction of the improvements to be constructed by Darling in conformity with all applicable federal and state laws, including, but not limited to, labor laws and prevailing wage laws, if applicable. Disposition Agreement Page 27 of 38 Pages J. (§ 710) Anti-discrimination during Construction. Darling, for itself and its successors and assigns, agrees that in the construction of the improvements to be constructed by Darling, it shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or national origin. K. (§ 711) Taxes, Assessments, Encumbrances and Liens. Darling shall pay, when due, all real estate taxes and assessments assessed or levied subsequent to conveyance of the New Site, if any. Until the date that the Darling is entitled to the issuance of a Certificate of Completion and Satisfaction (as defined in Section 513) executed by City, Darling shall not place or allow to be placed thereon any mortgage, trust deed, encumbrance or lien (except mechanic’s liens prior to suit to foreclose the same being filed) prohibited by this Disposition Agreement. Darling shall remove or have removed any levy or attachment made on the New Site, or assure the satisfaction thereof, within a reasonable time, but in any event prior to a sale thereunder. Nothing herein contained shall be deemed to prohibit Darling from contesting the validity or amounts of any tax, assessment, encumbrance or lien, nor to limit the remedies available to Darling in respect thereto. L. (§ 712) Certificate of Completion and Satisfaction. Upon both: (i) the completion of all construction required to be completed by Darling on the New Site pursuant to the terms of this Disposition Agreement; and, (ii) commencement of operations at the New Plant, City shall furnish Darling with the Certificate of Completion and Satisfaction for the New Site in the form of Attachment No. 10 upon written request therefor by Darling. The Certificate of Completion and Satisfaction shall be executed and notarized so as to permit it to be recorded in the Official Records of Fresno County. City shall not unreasonably withhold a Certificate of Completion and Satisfaction. If City refuses or fails to furnish a Certificate of Completion and Satisfaction within thirty (30) days after written request from Darling or any entity entitled thereto, City shall provide a written statement of the reasons City refused or failed to furnish a Certificate of Completion and Satisfaction. The statement shall also contain City’s opinion of the action Darling must take to obtain a Certificate of Completion and Satisfaction. If the reason for such refusal is confined to the immediate availability of specific items or materials for landscaping, or other minor so-called "punch list" items, City will issue its Certificate of Completion and Satisfaction upon the posting of a bond or other security reasonably acceptable to City by Darling with City in an amount representing one hundred fifty percent (150%) of the fair value of the work not yet completed or other assurance reasonably satisfactory to City. Such Certificate of Completion and Satisfaction is not notice of completion as referred to in the California Civil Code Section 3093. Nothing herein shall prevent or affect Darling’s right to obtain a Certificate of Occupancy from the City before the Certificate of Completion and Satisfaction is issued. M. (§ 713) Estoppels. At the request of Darling, City shall, from time to time and upon the request from Darling, timely execute and deliver to Darling a written statement of City that no default or breach exists (or would exist with the passage of time, or giving of notice or both) by Darling under this Disposition Agreement, if such be the fact, and certifying as to whether or not Darling has at the date of such Disposition Agreement Page 28 of 38 Pages certification complied with any obligation of Darling hereunder as to which Darling or such holder may inquire. The form of any estoppel letter shall be prepared by Darling and reasonably approved by City. VIII. (§ 800) NEW PLANT: CONSTRUCTION AND OPERATIONS. A. (§ 801) New Plant Design Capacity. The New Plant shall be designed to be consistent with an operational statement to be provided by Darling which shall provide for a minimum capacity of rendering operations to process up to ten million (10,000,000) pounds per week, which statement shall be subject to the approval of City which approval shall not be unreasonably withheld (“Operational Statement”). B. (§ 802) New Plant Construction. Promptly, but in no event later than ninety (90) days after the Closing of Escrow, Darling shall commence and diligently prosecute to completion the construction of the New Plant in accordance with the Approved Plans and applicable permits. Without limiting the generality of the foregoing, Darling acknowledges and agrees it may only use the New Site for operation of a New Plant consistent with the terms, covenants and conditions as set forth in this Disposition Agreement, and the applicable portions of the Fresno Municipal Code. C. (§ 803) Operation of New Plant. In order to remain eligible for the Financial Assistance, promptly upon completion of the construction of the New Plant, Darling shall commence operating the New Plant for a period of at least twenty (20) years. City’s obligation to provide the Financial Assistance shall terminate immediately upon ceasing of operations of the New Plant for three hundred sixty five (365) consecutive days (a "Plant Operation Termination"). Notwithstanding the foregoing, any cessation of operations of the New Plant that arises due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; subsurface conditions on the New Site and unknown soils conditions; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of a public or agency or entity, or any other causes beyond the reasonable control or without the fault of Darling, shall not be taken into account in determining the existence of a Plant Operation Termination. D. (§ 804) Covenants Run with Land; Effect of Covenants. 1. Covenants Run with the Land. (a) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Disposition Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring any rights or interests in the New Site, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure Disposition Agreement Page 29 of 38 Pages to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. (b) All of the provisions of this Disposition Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. (c) Each covenant to do or refrain from doing some act on the New Site hereunder: (i) is for the benefit of and is a burden upon every portion of the New Site; (ii) runs with such lands; and, (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person having any interest therein derived in any manner through any owner of such lands, or any portion thereof, and each other person succeeding to an interest in such lands. (d) City's obligations to provide the Financial Assistance shall not merge into the Grant Deed to be delivered at the Close of Escrow. 2. Beneficiary and Third Party Beneficiary. The covenants in favor of City shall run with the land without regard to whether City has been, remains or is an owner of any land or interest in the vicinity of the New Site. City shall have the right, if any of the covenants set forth in this Disposition Agreement which are provid ed for its benefit are breached, to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it may be entitled. No other person or entity shall have any right to enforce the terms of this Disposition Agreement under a theory of third-party beneficiary or otherwise. The covenants running with the land and their duration are set forth in the Deed. E. (§ 805) Obligation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the New Site, or any portion thereof, nor shall Darling, or any person claiming under or through Darling, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the New Site or any portion thereof. The nondiscrimination and non-segregation covenants contained herein and set forth in the Deed shall remain in effect in perpetuity. F. (§806) Form of Nondiscrimination and Non-Segregation Clauses. Darling shall refrain from restricting the rental, sale, or lease of any portion of the New Site on the basis of race, color, creed, religion, sex, marital status, ancestry or national origin of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses: 1. Deeds. In Deeds the following language shall appear: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or Disposition Agreement Page 30 of 38 Pages ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee, or any persons claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. Leases. In Leases the following language shall appear: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee, or any person claiming under or through him or her, establish or permit any such practice or practices, of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. Contracts. Any contracts which Darling or, Darling’s heirs, executors, administrators, or assigns propose to enter into for the sale, transfer, or leasing of the New Site shall contain a nondiscrimination and non-segregation clause substantially as set forth in this Section. Such clause shall bind the contracting party and subcontracting party or transferee under the instrument. G. (§ 807) Maintenance of New Plant & Improvements. Darling covenants and agrees for itself, its successors and assigns, that, after issuance of the Certificate of Completion and Satisfaction pursuant to this Disposition Agreement, Darling shall be responsible for maintenance of the New Plant and all improvements on the New Site from time to time (including without limitation buildings, parking lots, lighting, signs, and walls), in good condition and repair, and in accordance with all requirements of the Fresno Municipal Code. IX. (§ 900) EXISTING PLANT. A. (§ 901) Cessation of Operations at Existing Plant. Within six (6) months of the later to occur of:(i) City’s issuance of a certificate of occupancy for the New Plant; or, (ii) SJVAPC District issuance of SJVAPC Permits for the operation of the New Plant, Darling shall cease all further rendering operations at the Existing Plant. B. (§ 902) Decommissioning of Existing Plant. Within six (6) months from the ceasing of rendering operations at the Existing Plant as required by Section 901, Darling shall, at Darling’s sole cost and expense and subject to obtaining all applicable permits, have removed all silos and equipment from the Darling Property in accordance with all applicable laws and ordinances. Notwithstanding the foregoing, to the extent that portable structures are classified as “equipment” rather than a structure, such items may remain on the Darling Property together with buildings. Based on Darling’s representations and warranties in Section 903, City is not imposing additional environmental site evaluations as part of the decommissioning activities. Disposition Agreement Page 31 of 38 Pages C. (§ 903) Representations and Warranties Regarding Darling Property. Darling represents and warranties to City that as of each of the Effective Date, the Closing Date, the date that the Existing Plant ceases operations and the date that the Existing Plant is decommissioned as set forth in Section 902, there are no known conditions on the Darling Property that constitute human health risks. The representation and warranty in this Section 903 does not limit any liability for Darling regarding the Darling Property and that certain letter dated December 11, 2011 from the United States Environmental Protection Agency to Oliver Baines as Councilmember of the City of Fresno. IX-A (§ 904) DARLING OPTION RIGHTS FOR ADJACENT ACREAGE. At the Closing, City shall grant Darling an option to purchase up to 20 acres of the adjoining site as depicted in Attachment No. 5 (“Option Site”), expiring on December 31, 2022 at 11:59 p.m. (“Option Term”) for the purchase price of $22,000 per acre, which is the appraised value. Concurrent with the Closing, the City and Darling shall enter into an Option Agreement in the form of Attachment No. 6. Darling may exercise this option any time during the Option Term by providing written notice of such exercise and an executed Purchase and Sale Agreement in the form of Exhibit “B” to Attachment No. 6. This option is assignable to a business conducting a use related to rendering, with the written approval of the City. IX-B (§ 905) PRESERVATION OF PERMITTED USES. In the event the New Site is not transferred to Darling and operations continue at the Existing Plant, then Darling shall retain whatever rights and obligations it may currently possess with respect to the Existing Plant, irrespective of the approval of an applicable Specific Plan or rezoning to implement such Specific Plan; however, if Darling seeks to expand operations at the Existing Plant, the expansion will be processed consistent with the procedure in place prior to the adoption of the South West Specific Plan and any rezoning to implement the South West Specific Plan. This provision shall survive termination of the Agreement should Darling not relocate; however, if Darling does relocate pursuant to this Agreement, then this provision shall be of no effect. Darling may, by a written election delivered to the City, waive the provisions of the foregoing and elect to be governed by subsequent land use designations or zonings adopted by the City. X. (§ 1000) DEFAULTS, REMEDIES, TERMINATION, AND LITIGATION. A. (§ 1001) Defaults, Right to Cure and Waivers. Subject to any Enforced Delay, failure or delay by either party to timely perform any covenant of this Disposition Agreement constitutes a default under this Disposition Agreement, but only if the party who so fails or delays does not commence to cure, correct or remedy such failure or delay within thirty (30) days after receipt of a written notice specifying such failure or delay, and does not thereafter prosecute such cure, correction or remedy with diligence to completion. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise provided in this Disposition Agreement, waiver by a party of the performance of any covenant, condition, or promise, shall not invalidate this Disposition Disposition Agreement Page 32 of 38 Pages Agreement, nor shall it be considered a waiver of any other covenant, condition, or promise. Waiver by a party of the time for performing any act shall not constitute a waiver of time for preforming any other act or an identical act required to be performed at a later time. The delay or forbearance by a party in exercising any remedy or right as to any default shall not operate as a waiver of any default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. B. (§ 1002) Legal Actions. 1. Institution of Legal Actions. In addition to any other rights or remedies, and subject to the requirements of Section 701, a party may institute legal action to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Disposition Agreement. Legal actions must be instituted and maintained in the Superior Court of the County of Fresno, State of California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California. 2. Applicable Law and Forum. The internal laws of the State of California shall govern the interpretation and enforcement of this Disposition Agreement, without regard to conflict of law principles. 3. Acceptance of Service of Process. In the event that any legal action is commenced by Darling against City, service of process on City shall be made by personal service upon the City Manager or City Clerk, or in such other manner as may be provided by law. In the event that any legal action is commenced by City against Darling, service of process on Darling shall be made in such manner as may be provided by law. C. (§ 1003) Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Disposition Agreement, the rights and remedies of the parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another party. D. (§ 1004) Waiver. Except as otherwise provided in this Disposition Agreement, waiver by a party of the performance of any covenant, condition, or promise shall not invalidate this Disposition Agreement, nor shall it be considered a waiver of any other covenant, condition, or promise. Waiver by a party of the time for performing any act shall not constitute a waiver of time for performing any other act or an identical act required to be performed at a later time. The delay or forbearance by a party in exercising any remedy or right as to any default shall not operate as a waiver of any default or of any rights or remedies or to deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. Disposition Agreement Page 33 of 38 Pages E. (§ 1005) Specific Performance. In addition to any other remedies permitted by this Disposition Agreement, if a party defaults hereunder by failing to perform any of its obligations herein, that party agrees that the other party shall be entitled to the judicial remedy of specific performance, and each party agrees (subject to its reserved right to contest whether in fact a default does exist) not to challenge or contest the appropriateness of such remedy. In this regard, Darling specifically acknowledges that City and Agency are entering into this Disposition Agreement for the purpose of assisting in the termination of rendering activities at the Existing Plant and not for the purpose of enabling Darling to speculate with land. F. (§ 1006) Right of Reverter. City shall have the right, at its option, to reenter and take possession of the respective portion of the New Site which it conveyed, with all improvements thereon (other than equipment) and to terminate and re-vest in City the estate it conveyed to Darling if, after Closing and prior to the recordation of the Certificate of Completion and Satisfaction, Darling (or its successors in interest) shall: 1. Fail to commence construction of the improvements as required by this Disposition Agreement for a period of ninety (90) days after written notice to proceed from City, provided that Darling shall not have obtained an extension or postponement to which Darling may be entitled pursuant to this Disposition Agreement; or 2. Abandon or substantially suspend construction of the improvements for a period of ninety (90) days after written notice of such abandonment or suspension from City, provided that Darling shall not have obtained an extension of time to which Darling may be entitled pursuant to this Disposition Agreement; or 3. Assign or attempt to assign this Disposition Agreement, or any rights herein, or transfer, or suffer any involuntary transfer of, the New Site, or any part thereof, in violation of this Disposition Agreement, and such violation shall not be cured within thirty (30) days after the date of receipt of written notice thereof by City to Darling. This right of reverter shall be interpreted liberally in order to protect City’s contribution of financial assistance to Darling which was made as material consideration for Grantee constructing the New Plant and terminating rendering operations at the Existing Plant as set forth in this Disposition Agreement. In the event of a sale of the property pursuant to the foregoing, the proceeds thereof shall be applied as follows: (a) First, to reimburse City for all costs and expenses incurred by City, including but not limited to, legal costs and attorneys’ fees, and all other contractual expenses in connection with the recapture, management, and sale of the New Site; all unpaid liabilities for taxes, assessments and water and sewer charges with respect to the New Site; any payments made or necessary to be made to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations incurred with respect to the making or completion of the agreed improvements or any part thereof on the New Site or part thereof; and amounts otherwise owing City by Darling, its successors, or transferees; and, Disposition Agreement Page 34 of 38 Pages (b) Second, to reimburse Darling, its successor or transferee, up to the amount equal to: (i) the sum equal to the fair market value of the New Site; (ii) the costs incurred for the development of the New Site and for the agreed improvements existing on the New Site at the time of the re-entry and repossession; less, (iii) any gains or income withdrawn or made by Darling from the New Site or the improvements thereon. (c) Any balance remaining after such reimbursements shall be retained by City, as applicable, as its property. The rights established in this Section are to be interpreted in light of the fact that City is contributing the New Site to Darling for development and not for speculation in undeveloped land. The Right of Reverter shall automatically terminate upon the recordation of the Certificate of Compliance. G. (§ 1007) Attorney’s Fees. If a party to this Disposition Agreement is required to initiate or defend any action or proceeding in any way arising out of the parties’ agreement to, or performance of this Disposition Agreement, or is made a party to any action or proceeding by Escrow Agent or other third party, such that the parties hereto are adversarial, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees from the other. As used herein, the "prevailing party" shall be the party determined as such by a court of law pursuant to the definition in Code of Civil Procedure Section 1032(a)(4), as it may be subsequently amended. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. XI. (§ 1100) GENERAL PROVISIONS. A. (§ 1101) Notices, Demands and Communications between the Parties. Except as expressly provided to the contrary herein, any notice, consent, report, demand, document or other such item to be given, delivered, furnished or received hereunder shall be deemed given, delivered, furnished, and received when given in writing and personally delivered to an authorized agent of the applicable party, or upon delivery by the United States Postal Service, first-class registered or certified mail, postage prepaid, return receipt requested, or by a national "overnight courier" such as Federal Express, at the time of delivery shown upon such receipt; in either case, delivered to the address, addresses and persons as each party may from time to time by written notice designate to the other and who initially are: Darling: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Disposition Agreement Page 35 of 38 Pages Executive Vice President, DAR PRO U.S.A. With a copy to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary City: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Manager With copy to: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Attorney B. (§ 1102) Non-Liability of City Officials and Employees; Conflicts of Interest; Commissions. 1. Personal Liability. No member, official, employee, agent or contractor of City shall be personally liable to Darling in the event of any default or breach by City or for any amount which may become due to Darling or on any obligations under the terms of the Disposition Agreement; provided, it is understood that nothing in this Section 802 is intended to limit City’s liability. 2. Conflict of Interest, Warranty, and Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Disposition Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Disposition Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statue or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interest found to be "remote" or non "interest" pursuant to California Government Code Sections 1091 and 1091.5. Darling warrants and represents that (s)he/it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Disposition Agreement. Darling further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement. Darling is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Disposition Agreement void and of no force or effect. Disposition Agreement Page 36 of 38 Pages 3. Commissions. City and Darling represent and warrant to the other that it has not retained any broker or finder or paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Disposition Agreement. A party shall not be liable for any real estate commissions, brokerage fees or finders’ fees which may arise from this Disposition Agreement, and each party agrees to hold the other parties harmless from any claim by any broker, agent, or finder retained by such party. C. (§ 1103) Enforced Delay: Extension of Times of Performance. Time is of the essence in the performance of this Disposition Agreement. Notwithstanding the foregoing, in addition to specific provisions of this Disposition Agreement, performance by a party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; subsurface conditions on the New Site and unknown soils conditions; governmental restrictions or priority litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of a public or agency or entity (except that acts or the failure to act of the agency shall not excuse performance by the agency); or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. In the event of such a delay (herein "Enforced Delay"), the party delayed shall continue to exercise reasonable diligence to minimize the period of the delay. An extension of time for any such cause shall be limited to the period of the enforced delay, and shall commence to run from the time of the commencement of the cause, provided notice by the party claiming such extension is sent to the other parties within ten (10) days of the commencement of the cause. Failure to provide such notice shall constitute a waiver of the claim. Times of performance under this Disposition Agreement may also be extended by mutual written agreement by City and Darling. The City Manager of City shall have the authority on behalf of City to approve extensions of time not to exceed a cumulative total of one hundred eighty (180) days with respect to the development of the New Site. D. (§ 1104) Books and Records. 1. Darling to Keep Records. Darling shall prepare and maintain all books, records and reports necessary to substantiate Darling’s compliance with the terms of this Disposition Agreement or reasonably required by City. 2. Right to Inspect. A party shall have the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of another party pertaining to the New Site as pertinent to the purposes of this Disposition Agreement. 3. Ownership of Documents. Copies of all drawings, specifications, reports, records, documents and other materials pertaining to the condition of the New Site prepared by Darling, its employees, agents and Disposition Agreement Page 37 of 38 Pages subcontractors, in the performance of this Disposition Agreement, which docum ents are in the possession of Darling and are not confidential shall be delivered to City upon request in the event of a termination of this Disposition Agreement, and Darling shall have no claim for additional compensation as a result of the exercise by City of its rights hereunder. City shall have an unrestricted right to use such documents and materials as if it were in all respects the owner of the same, provided, however, that: (i) City shall have no rights of reliance thereon; and, (ii) Darling makes no warranty or representation regarding the completeness, accuracy or sufficiency of such documents, and Darling shall have no liability therefor or in connection therewith. Notwithstanding the foregoing, City shall not have any right to sell, license, convey or transfer the documents and materials to any third party, or to use the documents and materials for any other site, except in the case of a termination of this Disposition Agreement due to default of Darling. E. (§ 1105) Assurances to Act in Good Faith. City and Darling agree to execute all documents and instruments and to take all action, including deposit of funds in addition to such funds as may be specifically provided for herein, and as may be reasonably required in order to consummate conveyance and development of the New Site as herein contemplated, and shall use their commercially reasonable efforts, to accomplish the Closing and subsequent development of the New Site in accordance with the provisions hereof. City and Darling shall each diligently and in good faith pursue the satisfaction of any conditions or contingencies subject to their approval. F. (§ 1106) Interpretation. The terms of this Disposition Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against a party by reason of the authorship of this Disposition Agreement or any other rule of construction which might otherwise apply. The section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Disposition Agreement. This Disposition Agreement includes all attachments attached hereto, which are by this reference incorporated in this Disposition Agreement in their entirety. This Disposition Agreement also includes the Redevelopment Plan and any other documents incorporated herein by reference, as though fully set forth herein. G. (§ 1107) Entire Agreement, Waivers and Amendments. This Disposition Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and this Disposition Agreement supersedes all negotiations and previous agreements among the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Disposition Agreement, unless specified otherwise herein, must be in writing and signed by the appropriate authorities of City or Darling, as applicable, and all amendments hereto must be in writing and signed by the appropriate authorities of City and Darling. H. (§ 1108) Severability. In the event any term, covenant, condition, provision or agreement contained herein is held to be invalid, void or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any term, covenant, condition, provision or agreement contained herein. Disposition Agreement Page 38 of 38 Pages I. (§ 1109) Time for Acceptance of Disposition Agreement. This Disposition Agreement, when executed by Darling and delivered to City, must be authorized, executed and delivered by City not later than the time set forth in the Schedule of Performance or this Disposition Agreement shall be void, except to the extent that Darling shall consent in writing to further extensions of time for the authorization, execution, and delivery of this Disposition Agreement. After execution by Darling, this Disposition Agreement shall be considered an irrevocable offer until such time as such offer shall become void due to the failure of City to authorize, execute and deliver the Disposition Agreement in accordance with this Section. [END OF DISPOSITION AGREEMENT] Development Agreement Page 1 of 17 Pages PART II DEVELOPMENT AGREEMENT RECITALS A. Legal Authority. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the Government Code ("Development Agreement Law"). Pursuant to the Development Agreement Law, City is authorized to enter into a binding development agreements having a legal or equitable interest in real property for the development of the real property. As a charter City, while City i s not limited to the Development Agreement Law to enter into development agreements, City has elected to enter this Development Agreement under the Development Agreement Law and in accordance with the Fresno Municipal Code Sections 15-6001 et seq. B. Development Approvals. City has issued certain applicable development approvals affecting the New Site pursuant to the Disposition Agreement including the following (“Development Approvals”): 1. A general plan amendment (“General Plan Amendment”), 2. This Development Agreement (“DA Application”). 3. A zoning designation change (“Rezone Application”). 4. CEQA approval as specified in the Disposition Agreement (“CEQA”). C. Certainty Desired. Darling desires to carry out the Project and the development of the New Site for the New Plant in accordance with the Disposition Agreement and Development Approvals. The complexity, magnitude and build-out of the Project would be difficult for Darling to undertake if City had not determined, through this Development Agreement, to inject a sufficient degree of certainty in the land use regulatory process to justify the substantial financial investment associated with development of the New Site. In order to obtain the tax and other benefits the development of the New Site will provide and to assure that the impacts of the project will be adequately addressed, City desires certainty as to the scope of development, including the design standards, and in particular that needed infrastructure, facilities and services related to the Project will be provided in a timely fashion. Darling desires certainty regarding the type and amount of development fees and exactions that it will be charged by City and to define the desig n review and permitting process. Both parties desire to determine which party will be responsible for particular infrastructure improvements, including financing of the public facilities and improvements, and the timeline for constructing these improvements. As a result of the execution of this Development Agreement, both parties can be assured that the development of the New Site can proceed without disruption caused by a change in City planning and development policies and requirements. D. Subsequent Development Approvals. In addition to the Development Approvals, the development of the New Site will require certain additional future land use and construction approvals from City to implement the Development Approvals ("Subsequent Development Approvals"). The Subsequent Development Approvals include, but are not limited to, the following: Development Agreement Page 2 of 17 Pages 1. A Conditional Use Permit (“CUP”) pursuant FMC section 15-5301 et. seq. to operate a rendering facility as required by Fresno Municipal Code 15-1302 on the New Site. 2. A Development Permit (“Development Permit”) pursuant to FMC section 15-5201 et. seq. E. Consistent with General Plan and Specific Plan. City hereby finds and determines that execution of this Development Agreement is in the best interests of the public health, safety and general welfare and is consistent with the General Plan and the Specific Plan. F. City Determinations. The City Council has determined this Development Agreement furthers the public health, safety, and general welfare, and the provisions of this Agreement are consistent with the goals and policies of the Fresno General Plan. For the reasons recited herein, City and Darling have determined the Darling Project is a development for which this Development Agreement is appropriate and will eliminate uncertainty regarding the Darling Project and certain subsequent development approvals. This Development Agreement and the Darling Project: (1) will provide for the development of unused land; (2) result in the ceasing of operation of the Existing Plant; (3) allow the Darling rendering operation to continue to operate on the New Site which is in a more suitable location away from residential areas and will keep jobs within the City; (4) provide appropriate infrastructure improvements; (5) meet the goals of the Fresno General Plan; and (6) facilitate the settlement of the resolution of the Litigation. It is based upon these benefits to City that the City is agreeable to proceeding with the Darling Development Approvals and CEQA to facilitate the Darling Project. G. Voluntary Agreement. This Development Agreement is voluntarily entered into by Darling in order to implement the General Plan and the Specific Plan and in consideration of the rights conferred and the procedures specified herein for the development of the New Site. This Development Agreement is voluntarily entered into by City in the exercise of its legislative discretion in order to implement the General Plan and the Specific Plan and in consideration of the agreements and undertakings of Darling under this Development Agreement. H. Survival of Agreement. This Agreement shall survive beyond the term of the present City Council. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Darling agree as follows: ARTICLE 1 GENERAL PROVISIONS 100. Property Description and Binding Covenants. The New Site is that certain real property described on Attachment No. 3. Darling represents that it has an equitable interest in the New Site pursuant to the Disposition Agreement. This Development Agreement is a covenant which shall run with the New Site, and the burdens and benefits hereof shall bind and inure to all successors in interest. 101. Vested Rights. Darling shall have a vested right to develop the New Plant on the New Site for the period this Development Agreement is in effect in accordance with the Development Approvals, Subsequent Development Approvals, the provisions of this Development Agreement and Applicable Rules, (as defined in Section 102). Pursuant to the Disposition Agreement, the parties have negotiated and agreed upon the impact fees, dedications, and exactions. The parties intend that these shall be the only impact fees, dedications, and exactions applicable to the Development Agreement Page 3 of 17 Pages development of the New Site. The amounts of the impact or entitlement/permit processing fees shall be only those provided in the Disposition Agreement. Darling shall be exempt from any new development impact fees that City may adopt in the future for facilities, permits or impacts not currently covered by existing fees or existing development impact fees. To the extent not otherwise provided in this Development Agreement, the conditions of approval and mitigation measures in the Development Approvals related to dedications and reservation of easements are intended to meet the requirements of Government Code Section 65865.2 related to a development agreement providing a provision for the reservation or dedication of land for a public purpose. Darling understands and covenants to comply with all conditions specified in the respective Development Approvals to prevent violation of any of the Development Approvals. 102. Rules, Regulations and Official Policies. 102.1 Applicable Rules, Regulations and Official Policies. For the term of this Development Agreement, the rules, regulations, ordinances and official policies governing the permitted uses of land, density, design, improvement and construction standards and specifications applicable to the development of the New Site shall be the Applicable Rules as defined in this Section 102.1. The Applicable Rules are defined as those rules, regulations, and official policies set forth in: (i) the Development Approvals; (ii) this Development Agreement (including Exhibits); and, (iii) with respect to matters not addressed by these documents, those plans, codes, rules regulations, official policies, standards and specifications in force on the Effective Date, to the extent not inconsistent with the Development Approvals and this Development Agreement. The Applicable Rules shall also include any subsequent Development Approvals granted as of the date of their effect and any changes in the General Plan and Specif ic Plan, Fresno Municipal Code or any future rules, ordinances, regulations or policies adopted by City which are made applicable by the provisions of Section 102.2. Except as otherwise provided in this Development Agreement, to the extent any future changes in the General Plan and Specific Plan, Fresno Municipal Code or any future rules, ordinances, regulations or policies adopted by City purport to be applicable to the development of the New Site but are inconsistent with the terms and conditions of this Development Agreement, the terms of this Development Agreement shall prevail, unless the parties mutually agree to amend or modify this Development Agreement pursuant to Section 700. To the extent not otherwise provided in this Development Agreement, the requirements of the Applicable Rules shall fulfill the requirements of Government Code Section 65865.2 related to the agreement specifying allowed uses, allowed density and intensity of uses and maximum height and size of proposed buildings. 102.2. Changes in State or Federal Law . This Section shall not preclude the application to the development of the New Site of changes in City laws, regulations, plans or policies, the terms of which are specifically mandated and required to be applied to the New Site by changes in state or federal laws or regulations. In the event state or federal laws or regulations enacted after the date of this Development Agreement, or action by any governmental jurisdiction other than City, prevent or preclude compliance with one or more provisions of this Development Agreement or require changes in plans, maps or permits approved by City, then the parties shall meet and confer in good faith to determine the feasibility of modifying, extending or suspending one or more provisions of this Development Agreement as may be necessary to comply with such state or Development Agreement Page 4 of 17 Pages federal laws or regulations or the regulations of such other governmental jurisdiction. In any such meeting, Darling carries the burden, in the first instance, to provide options to City that demonstrate the feasibility of modifying, extending or suspending the Agreement in part. Darling is required to provide all engineering and analyses to support its position that meet industry and City standards. To the extent that any actions of federal or state agencies (or actions of regional and local agencies, including City, required by federal or state agencies) have the effect of preventing, delaying or modifying development of the New Site, City shall not in any manner be liable for any such prevention, delay or modification of said development. Darling is required, at its cost and without cost to or obligation on the part of City, to participate in such regional or local programs and to be subject to such development restrictions as may be necessary or appropriate by reason of such actions of federal or state agencies (or such actions of regional and local agencies, including City, required by federal or state agencies). 103. City's Reservation of Authority. The parties acknowledge that the intent of the parties is that this Development Agreement be construed in a manner that protects the vested rights granted to Darling herein to the maximum extent allowed by law. The parties further acknowledge and agree, however, that City is restricted in its authority to limit its police power by contract and that the limitations, reservations and exceptions contained in this Development Agreement are intended to reserve to City all of its police power and/or statutory or other legal powers or resp onsibilities that cannot be so limited. This Development Agreement shall be construed to reserve to City all such power and authority which cannot be restricted by contract, including compliance with CEQA. Nor shall this Development Agreement be construed to limit the authority or obligation of City to hold necessary public hearings, to limit the discretion of City or any of its officers or officials with regard to rules, regulations, ordinances, laws, and entitlement of use which require the exercise of discretion by City or any of its officers or officials in a manner not inconsistent with this Agreement. 104. Term; Recordation. The term of this Development Agreement shall commence upon the Effective Date and shall extend for a period of thirty (30) years. Thereafter, unless said term is modified or extended by circumstances set forth in this Development Agreement or by mutual consent of the parties, subject to the provisions of Section 700 hereof, upon expiration of said term, this Development Agreement shall be deemed terminated and of no further force and effect and the parties shall, upon request of City, execute an appropriate certificate of termination which shall be recorded in the Official Records of the County of Fresno, subject, however, to the pr ovisions of Section 307 hereof. In the event that any litigation is commenced by any third party challenging the Development Approvals, the term of this Development Agreement shall be extended for the period involved in achieving final resolution of such litigation. 105. Sale or Assignment; Release. This Development Agreement, its rights, duties or obligations may be assigned, sold, exchanged or transferred, in whole or in part, in connection with a transfer by Darling of the New Site, subject to the following conditions: 105.1 Except as set forth in subsection 105.2, a sale, transfer or assignment of all or a portion of Darling's interest in this Development Agreement shall not require the approval of City provided that (i) any proposed assignee or transferee also obtains title to the New Site and agrees to assume and be bound by all applicable duties, obligations and covenants of Darling under this Development Agreement and the Disposition Agreement; and, (ii) Darling affirms its commitment to terminate Prohibited Operations at the Existing Plant (or has otherwise already terminated such operations and recorded the Covenant Agreement defined in the Disposition Agreement). The assumption must be set forth in an assumption agreement in a form reasonably accept able to and approved in writing by City. Development Agreement Page 5 of 17 Pages 105.2 Darling shall reimburse City for its legal and administrative costs to review the assignment and provide notice and interpretations to the assignee. Upon such assignment and assumption Darling shall be released from Darling’s obligations hereunder with respect to the transfer of the New Site and provided that Darling remains obligated to terminate Prohibited Operations at the Existing Plant. Darling shall have the right to designate any successor as Darling (“Successor Developer”) if Darling no longer retains any interest in the New Site so long as the Successor Developer assumes all Darling’s responsibilities. 105.3 If Darling transfers the New Site and assigns this Development Agreement in violation of the terms of this Section, City may terminate the Agre ement at its discretion with fifteen (15) days written notice. ARTICLE 2 DEVELOPMENT OF THE NEW SITE 200. Permitted Uses and Development Standards. In accordance with and subject to the terms and conditions of this Development Agreement, Darling shall develop the New Site for the uses in accordance with the Disposition Agreement and the Applicable Rules as set forth in Section 102.1 of this Development Agreement. 201. Approvals. 201.1 Processing Subsequent Development Approvals. 201.1.1 Timely Submittals by Darling. Darling acknowledges that City cannot begin processing Subsequent Development Approvals until Darling submits complete applications. Darling shall use its best efforts to: (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and, (ii) cause Darling's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other required materials as set forth in the Applicable Rules. Darling shall use all reasonable efforts to submit or cause to be submitted documents, applications, plans and other information necessary for City to carry out its obligations hereunder that are in a final form, not subject to unreasonable changes by Darling and that comply with this Development Agreement and all Applicable Rules. 201.1.2 Timely Processing by City. Upon submission by Darling of all appropriate applications and applicable processing fees for any Subsequent Development Approval, City shall expeditiously commence and complete all steps necessary to act on Darling's Subsequent Development Approval applications. City reserves the right to reject any incomplete non- conforming submittals, subject to its obligations to provide comments pursuant to Section 404(5) of the Disposition Agreement. 201.1.3 Effect of Legal Proceedings. Notwithstanding any pending administrative or judicial proceedings, initiative or referendum concerning the Development Approvals or Subsequent Development Approvals, and provided that such actions by City or Darling are not proscribed by law or court order, City shall process Darling's applications for Subsequent Development Approvals as provided for herein to the fullest extent allowed by law and Darling may proceed with development pursuant to the Development Approvals or Subsequent Development Approvals to the fullest extent allowed by law. 201.2 Certificates of Occupancy. Subject to any requirements in this Development Agreement for issuance of certificates of occupancy, City shall use all reasonable efforts to diligently and promptly provide a certificate of occupancy for any portion of the New Site when Development Agreement Page 6 of 17 Pages applied for by Darling and upon completion of all necessary requirements to obtain a certificate of occupancy. 201.3 Non-Development Entitlement Plan Review. Nothing provided in this Section 201 is intended to include the submission and review by City of plans for off-site improvement including, but not limited to, constructions plans for streets, sewer lines, and traffic signals. Review of off-site improvements shall be pursuant to the existing adopted City policies, ordinances and standards including payment of any required fees (some of which shall be City’s responsibility as specified in the Disposition Agreement.) 202. Improvements and Public Facilities. 202.1 Financing and Construction. Except as set forth in the Disposition Agreement, Darling is responsible for financing and constructing the on-site improvements (whether private or public) and public facilities in conjunction with the development of the New Site, all as set forth in the mitigation measures of the MND for the Project and the Development Approvals: 202.1.1 On-Site Improvements. For purposes of this Development Agreement, the term “on-site improvements” shall mean only those improvements developed on the New Site, and which are to be dedicated to the ownership of the City. Except for any on-site improvements required to be constructed by City pursuant to the Disposition Agreement, Darling shall provide to City a list of on-site improvements that constitute public works of improvement and shall pay prevailing wages for labor required to construct those improvements on that list, to the extent required under the Labor Code, Sections 1720, 1721 and any other applicable provisions related to the payment of prevailing wages. Darling shall provide a public utility easements or equivalent easements to be granted to City to support any on-site improvements. 202.1.2 Off-Site Improvements. For purposes of this Development Agreement, the term “off-site improvements” shall mean only those off-site improvements applicable to the Project which are not the specific responsibility of City pursuant to the Disposition Agreement. Darling will construct all off-site improvements required for the New Plant pursuant to the Approved Plans as specified in the Disposition Agreement. Darling acknowledges that off-site improvements constitute public works of improvement and are, therefore, subject to the requirements of California Labor Code, Sections 1720, 1721 and any other applicable provisions related to the payment of prevailing wages. Darling shall provide payment and performance security for the construction of the off-site improvements. The type and amount of the payment and performance security shall be as set forth in Fresno Municipal Code, Section 12-1016, entitled “Improvement Security”. 202.1.3 Financing of Off-Site Improvements. Darling is responsible for financing the construction of the off-site improvements. Darling will receive reimbursements and credits from City from appropriate fee programs for off-site improvements to the extent that they are expressly provided for in the Applicable Rules or in this Development Agreement. 202.2 Community Facilities District. Darling may request and City shall use its good faith efforts to form a community facilities district(s) ("CFD") or to include the New Site in an existing CFD, for the purpose of funding all or a portion of the off-site improvements which are to be dedicated to City, including without limitation, design, acquisition and construction costs, and public facility maintenance costs or public services. Upon request from Darling, City shall diligently and expeditiously initiate CFD proceedings utilizing the special tax mechanisms authorized under the law of the State of California or the Fresno Municipal Code where the pr operty subject to special taxes provides primary security for payment of the special taxes, provided, however, any Development Agreement Page 7 of 17 Pages such CFD shall be in conformance with City policies regarding land-based financing. City's obligations under this section are contingent upon Darling providing adequate security to cover the costs of formation of the district and issuance of the bonds and upon Darling providing the information or documents within Darling's control which are necessary to form the district and issue the bonds (e.g., the list of infrastructure intended to be funded by the District and the area to be included in the District.) Darling may recover costs of formation and issuance from bond proceeds to the extent permitted by law. Nothing provided herein is intended to create a legal duty of City to form a CFD. 202.3 Public Works Development Standards; Specifications. In completing the construction of the on-site and off-site improvements, Darling shall comply with: (a) the conditions and terms of the Development Approvals and Subsequent Development Approvals; (b) all approved construction plans; (c) all applicable laws, ordinances, and resolutions in effect at the time of construction; and, (d) the construction standards applicable to the Project contained in City's Standard Specifications in effect at the time of construction applicable to the Project. If City does not have standard specifications for any particular construction to be performed but appropriate standards are available from the State of California, Department of Transportation (Caltrans), then, Darling will complete construction in accordance with such standards and specifications. City Engineer may inspect all construction and materials. 202.4 Completion and Acceptance of Public Facilities. Final written acceptance of any on-site and off-site improvements to be offered for dedication to City and to be maintained by City thereafter will constitute a finding that the improvements comply with the applicable plans and specifications. Individual on-site improvements and off-site improvements may be separately bonded by Darling. City may not unreasonably condition, delay or withhold acceptance of off-site improvements based upon the completion of on-site improvements. The determination of when certain on-site and off-site improvements need to be completed and the amount of improvement security for said improvements shall be made between City and Darling pursuant to a written agreement the terms of which shall not be inconsistent with the terms of this Developmen t Agreement. On-site improvements and off-site improvements to be dedicated as public facilities shall be owned by City upon their completion and acceptance. 202.5 Warranty of Public Facilities. Prior to City’s acceptance of particular on-site improvements or off-site improvements, Darling shall provide a warranty for any defects (whether latent or patent) in work or material or design in the off-site improvements that occur or appear within one (1) year after the date of written acceptance to take effect as to each of those at the time of their acceptance. The warranty shall provide that City may give written notice to repair or correct any defect within (7) seven calendar days of notice, occurring or appearing within one year, and Darling and/or its warrantor will repair or correct the defect without additional cost to City. After a failure of the on-site improvement or off-site improvements requiring an emergency repair by City crews, Darling or its warrantor shall reimburse all reasonable costs for labor and materials within forty-five (45) days of invoice. Failure to repair or correct any defect may result in an offset to, or suspension of, reimbursements, if any, or may be considered a default of this Development Agreement, until the repair or correction is completed to the reasonable satisfaction of City. Darling shall include City as a named beneficiary to any subcontract for or warranty of the public facilities. Furthermore, Prior to City acceptance of on-site or off-site improvements, Darling shall provide Warranty Security of the type and in the amounts set forth in Fresno Municipal Code, Section 12- 1016. This subsection will survive termination of this Development Agreement. 203. Dedications and Other Exactions. Darling shall be responsible for only those dedications and other exactions provided in the Development Approvals which are not otherwise to be the specific responsibility of City pursuant to the Disposition Agreement. Development Agreement Page 8 of 17 Pages 204. Impact Fees; Reimbursements and Credits. Darling shall be responsible for paying only those fees provided in the Development Approvals. Darling shall be eligible for reimbursements and credits for the off-site improvements required under Section 202.1.3 as provided in Section 101. Notwithstanding the above, Darling shall be responsible for paying any fees City collects for other agencies pursuant to: (i) State or Federal law; or, (ii) any City agreements or City ordinances adopted or entered into to comply with State or Federal law or judgment of a court of law. 204. Conditions to and Formula for Reimbursement for Off-Site Improvements. Reimbursement and/or credits that Darling is expressly allowed for off-site improvements shall be given from appropriate fee programs as provided in the Fresno Municipal Code and/or adopted City policies for those fee programs as they exist at the time the reimbursement and/or credit is sought, but to no lesser degree than provided as of the Effective Date. 205. Books and Records. Darling shall establish and maintain throughout the term of this Development Agreement, and for a four (4) year period following the date of the last reimbursement of an off-site improvement, records and accounts on the New Site and its development, in accordance with normal business practices. At the times and in the forms as City may reasonably request, Darling shall furnish City with statements, records, reports, data and information related to the costs to be reimbursed for off-site improvements. 206. Project Timing. Promptly upon Darling acquiring the New Site pursuant to the Disposition Agreement, Darling shall promptly commence and diligently construct the New Plant in accordance with the Development Approvals. 207. Amendments to Development Approvals. The parties acknowledge that development of the New Site may require amendments to Development Approvals or Subsequent Development Approvals which shall be processed as follows: 207.1 Administrative Amendments (Minor Amendments). Upon the written request of Darling for an amendment or modification to a Development Approval or Subsequent Development Approval, the Planning Director or his/her designee shall determine: (i) whether the requested amendment or modification is minor; and, (ii) whether the requested amendment or modification is consistent with the Applicable Rules. If the Planning Director or his/her designee finds that the proposed amendment or modification is minor, consistent with the Applicable Rules, and is not subject to further environmental review under CEQA (See CEQA Guidelines §§ 15162, 15163), the amendment shall be determined to be an "Administrative Amendment" or a “Minor Amendment” and the Planning Director or his/her designee may approve, or may approve with appropriate conditions, the Administrative Amendment consistent with City's procedures for minor revisions and/or amendments to special permits, including any requirements for notice, public hearing, and appeal rights. The determination of whether a requested amendment or modification is an Administrative Amendment shall be within the reasonable discretion of the Planning Director. Notwithstanding the foregoing provision, if the Director determines that an amendment has the potential to affect a facility under the responsibility of another City department, the Director shall refer the amendment to the Director of the affected Department (and/or his or her designee) who must also concur that the amendment is a minor amendment under the terms provided in this Section. For example, if an amendment has the ability to affect traffic, the Director of Public Works (and/or his or her designee) must concur that the amendment is administrative, if an amendment has the ability to affect sewer loads, the Director of Public Utilities Department (and/or his or her designee) must concur that the amendment is administrative. Examples of amendments or modifications which may, depending on particular circumstances, be treated as Administrative Amendments, include, but are not limited to, the Development Agreement Page 9 of 17 Pages following: (1) lot line adjustments that do not result in a significant change in the lot size and that comply with the requirements of the Subdivision Map Act; (2) alterations in vehicle circulation patterns or vehicle access points which do not adversely affect capacity or service levels; (3) changes in trail alignments; (4) substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan; (5) variations in the location of structures that do not substantially alter the design concepts of the project; and (6) minor alterations in design or configuration of buildings, infrastructure or other facilities that are consistent with the Development Standards set forth in the Development Approvals; and (7) minor adjustments to the New Site legal description. Administrative Amendments are subject to a processing fee as provided in Section 101. 208.2 Material Amendments. Any request of Darling for an amendment or modification to a Development Approval or Subsequent Development Approval that is determined by the Planning Director or his/her designee (or a director of another City department under the terms in Section 208.1) to be a material amendment ("Material Amendment"), as opposed to an Administrative Amendment, shall be subject to review, consideration and action pursuant to the laws in effect at the time the Material Amendment is considered for approval. Notwithstanding any provision in the Agreement to the contrary, City may impose mitigation measures necessary to comply with CEQA for Material Amendments. Material Amendments are subject to processing fees as provided in Section 101. 208.3 Future Amendments. Any future amendment or modification to a Development Approval or Subsequent Development Approval shall be incorporated in this Development Agreement without the need to amend this Development Agreement. 209. Encumbrances and Lender's Rights. 209.1 Permitted Encumbrances. This Development Agreement shall be superior and senior to any lien placed upon the New Site. Neither entering into this Development Agreement nor a breach of this Development Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the New Site made in good faith and for value. The parties agree that this Development Agreement shall not prevent or limit any owner of an interest in the New Site from encumbering the New Site or any portion thereof with any mortgage, deed of trust or other security device (any such device, a “Mortgage”) securing financing with respect to the New Site. City acknowledges that the holder of any such mortgage, deed of trust or other security device (“Lender”) may require certain agreement interpretations and modifications and agrees, from time to time, to meet with Darling and representatives of such Lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Development Agreement and does not result in City subordinating this Development Agreement to any lien or deed of trust. As used herein the term “Lender” does not include any affiliate of or entity controlled by Darling or its owners, officers, directors, principals or members. 209.2 Lender's Rights. If Lender timely requests, in writing, receipt of notice of any event of default given under this Development Agreement to Darling or any other holder of an interest in part or all of the New Site, then City shall provide a copy of such notice to Lender within ten (10) days of sending the notice of default to Darling or other holder of an interest in part or all of the New Site. The Lender shall have the right, but not the obligation to cure the default during the remaining cure period allowed to the defaulting party under the terms of this Development Agreement. Notwithstanding anything to the contrary herein, each Lender has a period of ninety (90) days after the receipt of that notice from City to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice. If Development Agreement Page 10 of 17 Pages the event of default or the noncompliance is of a nature that can only be remedied or cured by the Lender upon obtaining possession, the Lender shall diligently seek to obtain possession through a receiver or otherwise, and shall thereafter remedy or cure the event of default or noncompliance within ninety (90) days after obtaining possession. If any event of default or noncompliance cannot, with diligence, be remedied or cured within those ninety (90) day periods, then the Lender has additional time as may be reasonably necessary, as reasonably determined by City, to remedy or cure the event of default or noncompliance if the Lender commences to cure during those ninety (90) day periods, and thereafter diligently pursues completion of that cure. Nothing in this Development Agreement permits or authorizes any Lender to undertake or continue construction or completion of any improvements comprising the Project beyond the extent necessary to conserve or protect improvements or construction already made, without first having expressly assumed Darling’s obligations under this Development Agreement in the manner specified herein and curing all defaults. The Lender shall receive a second default notice thirty (30) days before City institutes legal proceedings. 209.3 Lender Non-Liability. Any Lender who comes into possession of the New Site, or any part thereof, pursuant to foreclosure of a Mortgage or taking a deed in lieu of such foreclosure, shall take the New Site, or part thereof, subject to the terms of this Development Agreement, provided, however: (1) in no event shall such Lender be liable for any defaults or monetary obligations of Darling arising prior to acquisition of title to the New Site by such Lender; (2) no Lender has any obligation under this Development Agreement to construct or complete the construction of improvements, or to guarantee that construction or completion; and, (3) if Darling shall have defaulted under this Development Agreement before Lender takes title to the New Site or any part thereof, Lender shall enjoy the same rights and privileges with respect to such default as if (a) Lender were Darling, and (b) title were still held by Darling. Nothing in this Development Agreement shall be deemed or construed to permit or authorize Lender to devote the New Site, or any portion thereof, to any uses, or to construct any improvements thereon, other than those uses and improvements provided for or authorized by this Development Agreement, subject to all of the terms and conditions of this Development Agreement. The foregoing provisions shall not accrue to the benefit of a Lender who proceeds in the manner of a Subsequent Darling in developing and approving the New Site. Limiting itself to those development activities set for th in the next to last sentence of Section 209.2 shall create a presumption that a Lender has not proceeded to become a Subsequent Darling. 209.4 Estoppel Certificate. Within thirty (30) days following any written request which either City or Darling may make from time to time, the other shall sign and deliver to the requesting party a statement certifying that: (1) this Development Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Development Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are not current uncured defaults under this Development Agreement or specifying the dates and nature of any such defaults; and, (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Development Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. City’s Planning Director, or other City officer having adequate knowledge to do so, shall be authorized to execute any such statement. An estoppel certificate obtained under this section may be relied upon by transferees and Lenders. Development Agreement Page 11 of 17 Pages ARTICLE 3 DEFAULT, REMEDIES, TERMINATION 300. General Provisions. Subject to extensions of time by mutual consent in writing, failure or unreasonable delay by either party to perform any term or provision of this Development Agreement shall constitute a default. In the event of default or breach of any terms or conditions of this Development Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured. During any such thirty (30) day period, the party charged with being in default shall not be considered in default for purposes of termination or institution of legal proceedings. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party to this Development Agreement may at its option: 1. Terminate this Development Agreement, in which event neither party shall have any further rights against or liability to the other with respect to this Development Agreement or the New Site; provided, however, if portions of the New Site are held in separate ownership at the time such event of default occurs and such event of default is related only to one portion, this Development Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Development Agreement to the remainder of the New Site; or 2. Institute legal or equitable action to cure, correct or remedy any default, including, but not limited to, an action for specific performance of the terms of this Development Agreement; provided, however, that in no event shall either party be liable to the other for money damages for any default or breach of this Development Agreement. 301. Darling Default; Enforcement. No building permit shall be issued or building permit application accepted for the building shell of any structure on any portion of the New Site if the permit applicant owns or controls such portion of the New Site and if such applicant or any entity or person controlling such applicant has been found to be in default as to such portion of the New Site by City Council of City of Fresno under the terms and conditions of this Development Agreement, unless such default is cured or this Development Agreement is terminated. A default as to an owner of any portion of the New Site shall have no impact on any portion of the New Site not owned by such defaulting owner. Darling shall cause to be placed in any covenants, conditions and restrictions applicable to the New Site, or in any ground lease or conveyance thereof, an express provision for an owner of the New Site, lessee or City, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 302. Annual Review. City Manager shall, at least every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Darling with the terms and conditions of this Development Agreement (“Annual Review”). The Annual Review shall be limited in scope to compliance with the terms and conditions of this Development Agreement pursuant to California Government Code Section 65865.1. Notice of the Annual Review shall include the statement that any review may result in amendment or termination of this Development Agreement. Development Agreement Page 12 of 17 Pages The costs of notice and related costs incurred by City for the Annual Review conducted by City pursuant to this Section 302 shall be borne by Darling. City Manager shall provide thirty (30) days prior written notice of such periodic review to Darling. Such notice shall require Darling to demonstrate good faith compliance with the terms and conditions of this Development Agreement and to provide such other information as may be reasonably requested by City Manager and deemed by him to be required in order to ascertain compliance with this Development Agreement. If, following the Annual Review, City Manager is not satisfied that Darling has demonstrated good faith compliance with all the terms and conditions of this Development Agreement, City Manager may refer the matter, along with his recommendations, to City Council. Failure of City to conduct an Annual Review shall not constitute a waiver by City of its rights to otherwise enforce the provisions of this Development Agreement; nor shall Darling have or assert any defense to such enforcement by reason of any such failure to conduct an Annual Review. 303. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Development Agreement, either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, systemic financial distress, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental entities' enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations, litigation or similar grounds for excused performance. If written notice of such delay is given within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 304. Limitation of Legal Acts. In no event shall City, or its officers, agents or employees, be liable in damages for any breach of violation of this Development Agreement, it being expressly understood and agreed that Darling's sole legal remedy for a breach or violation of this Development Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement. 305. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Darling acknowledges and agrees that City has approved and entered into this Development Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity or meaning of this Development Agreement shall be that accorded legislative acts of City. Except as set forth herein, should any legal action be brought by a party for breach of this Development Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs and such other costs as may be fixed by the Court. 306. Invalidity of Agreement. 1. If this Development Agreement is determined by a court to be invalid or unenforceable, this Development Agreement shall automatically terminate as of the date of final entry of judgment. Development Agreement Page 13 of 17 Pages 2. If any provision of this Development Agreement is determined by a court to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any law which becomes effective after the date of this Development Agreement and either party in good faith determines that such provision is material to its entering into this Development Agreement, either party may elect to terminate this Development Agreement as to all obligations then remaining unperformed in accordance with the procedures set forth in Section 300, subject, however, to the provisions of Section 307 hereof. 307. Effect of Termination on Darling's Obligations. Termination of this Development Agreement shall not affect Darling's obligations to comply with the General Plan and the terms and conditions of any and all land use entitlements approved with respect to the New Site prior to such termination, nor shall it affect any other covenants of Darling specified in this Development Agreement to continue after the termination of this Development Agreement. If portions of the New Site are held in separate ownership at the time of such termination, this Development Agreement may be terminated only as to such portion and no such termination shall impair the continuing applicability of this Development Agreement to the remainder of the New Site. 308. Certificate of Compliance. If after an Annual Review based upon City’s own investigation and information provided by Darling, City finds Darling has complied in good faith with this Development Agreement, City shall issue to Darling a Certificate of Compliance certifying that Darling has so complied through the period of the applicable Annual Review. The Certificate of Compliance must be in recordable form and must contain such information as may be necessary to impart constructive notice of City’s finding. Upon issuance of the Certificate of Compliance, City is estopped from pursuing any remedy under this Development Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Compliance. Darling may record the Certificate of Compliance in the Official Records of the County of Fresno. 309. Certificate of Completion and Satisfaction. After completion of the Project, City, upon request of Darling, shall execute in recordable form and deliver to Darling a Certificate of Completion and Satisfaction in the form of Attachment No. 11, certifying that Darling has satisfied all of Darling’s obligations under this Development Agreement to the date of the certification. Upon issuance of a Certificate of Completion and Satisfaction, City is estopped from pursuing any remedy under this Development Agreement for any default which City knew or should have known existed prior to or on the date of the Certificate of Completion and Satisfaction. Darling may record the Certificate of Completion and Satisfaction in the Official Records of the County of Fresno. ARTICLE 4 INDEMNITY; INSURANCE 400. Indemnity/Insurance. 400.1 Indemnification. To the furthest extent allowed by law, Darling shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Darling or any other person, for any and all claims, demands and actions in law or equity (including attorney's f ees and litigation expenses), arising or alleged to have arisen directly Development Agreement Page 14 of 17 Pages or indirectly out of Darling's performance of this Development Agreement or the performance of any or all work on on-site improvements or off-site improvements to be done by Darling pursuant to this Development Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance unless and until the facility is dedicated to and officially accepted by City and compliance with prevailing wages laws to the extent applicable). Darling’s obligations under the preceding provisions include any claims related to or arising out of Darling’s claim of a right to exclude public utilities from private streets. Darling's obligations under the preceding sentence shall apply regardless of whether Darling or any of its officers, officials, employees or agents are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. If Darling should subcontract all or any portion of the services to be performed under this Development Agreement, Darling shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. To the furthest extent allowed by law, the City shall indemnify, hold harmless and defend Darling and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Darling or any other person, for any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly from the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers, and arising or alleged to have arisen directly or indirectly out of City's performance of this Development Agreement or the performance of any or all work to be done on on-site improvements or off-site improvements to be done by the City pursuant to this Development Agreement. In addition, City shall be responsible for all costs associated with all CEQA compliances required to attain approval of the Development Agreement, the Disposition Agreement, and the Entitlements, including the costs of defending any legal challenges to such CEQA compliance. City will indemnify Darling for the costs of any litigation that Darli ng may be required to participate in, as a Real Party In Interest, with respect to such matters. 400.2 Insurance. In the event Darling undertakes construction of any off-site improvements, it shall procure and maintain (or cause to be procured and maintained), at its sole cost and expense, in a form and content reasonably satisfactory to City, during the entire term of such construction is commenced until the facility is dedicated to and officially accepted by City, the following policies of insurance: (a) Insurance Policy Types and Limits. Darling shall keep or cause to be kept in force for the mutual benefit of City and Darling insurance policy types and limits no less than those set forth in Attachment No. 4, which shall include without limitation, insurance against claims and liability for personal injury or death arising from the use, occupancy, disuse or condition of the New Site, improvements or adjoining areas or ways, affected by such use of the New Site or for property damage. (b) Workers’ Compensation. Darling shall also furnish or cause to be furnished to City evidence reasonably satisfactory to it that any contractor with whom Darling has contracted for the performance of any work for which Darling is responsible hereunder carries workers' compensation insurance as required by law. (c) Policy Form, Content and Insurer. All insurance required by express provisions hereof shall be carried only by insurance companies authorized to do business by California, rated "A-" or better in the most recent edition of Best Rating Guide, and only if they are of a financial category Class VIII or better. All such property policies shall contain Development Agreement Page 15 of 17 Pages language, to the extent obtainable, to the effect that: (i) any loss shall be payable notwithstanding any act of negligence of City or Darling that might otherwise result in the forfeiture of the insurance; (ii) the policies are primary and noncontributing with any insurance that may be carried by City; and, (iii) the policies cannot be canceled or materially changed except after thirty (30) days' written notice by the insurer to City's designated representative. Darling shall furnish City with certificates evidencing the insurance as well as full copies of the policies. City shall be named as additional insureds on all policies of insurance required to be procured by the terms of this Disposition Agreement other than workers’ compensation insurance. 401. Notice of Claim. Each party shall promptly give notice to the other party in accordance with Section 600 of this Development Agreement of any case, action or proceeding brought against either party concerning this Development Agreement or the New Site. ARTICLE 5 PROJECT AS A PRIVATE UNDERTAKING 500. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the New Site is a separately undertaken private development and that the contractual relationship created hereunder between City and Darling is such that Darling is an independent contractor and is not an agent of City. None of the terms or provisions of this Development Agreement shall be deemed to create a partnership or joint venture between Cit y and Darling or to provide third party beneficiary rights to any person or entity not a party hereto. The only relationship between City and Darling is that of a governmental entity regulating the development of private property and the owner of such private property. ARTICLE 6 NOTICES 600. Notices. All formal notices required by this Development Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, to the principal offices of City and Darling with copies sent as set forth below. The addresses of the parties as of the date hereof are as set forth below. Such written notices, demands, correspondence and communication may be directed in the same manner to such other persons and addresses as either party may from time to time designate in writing. Darling shall give written notice to City, within ten (10) days after the close of escrow, of any sale or transfer of any portion of the New Site and any assignment or partial assignment of this Development Agreement, specifying the name or names of the transferee, the transferee's mailing address, the legal description of the land sold or transferred, and the name and address of any person or entity to whom any notice relating to this Development Agreement shall be given with respect to such transferred portion of the New Site. Notices required to be given to City shall be addressed as follows: Darling: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Development Agreement Page 16 of 17 Pages Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. With a copy to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary City: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Manager With copy to: City of Fresno 2600 Fresno Street Fresno, CA 93721 Attention: City Attorney ARTICLE 7 MISCELLANEOUS 700. Amendment of Agreement. This Development Agreement may be amended from time to time with respect to any portion of the New Site by mutual consent of City and Darling (to the extent that it continues to own any portion of the New Site) and of the then-current owner(s) of the portions of the New Site affected by such amendment, with City costs payable by the amendment applicant, in accordance with the provisions of Government Code Sections 65867 and 65868. 701. Waiver of Provisions. No waiver of any provision of this Development Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. No waiver of any right or remedy with respect to any occurrence or event shall be deemed a waiver of any other occurrence or event. 702. Time of Essence. Time is of the essence for each provision of this Development Agreement of which time is an element. [SIGNATURES ON FOLLOWING PAGE] Development Agreement Page 17 of 17 Pages IN WITNESS WHEREOF, the parties hereto have executed this Disposition Agreement and Development Agreement as of the date of execution by City. REMINDER: Darling must also initial Section 403.5. DARLING: CITY: DARLING INGREDIENTS INC., a Delaware corporation By: ______________________________ Rick Elrod, Executive Vice President DAR Pro U.S.A. Dated: _______________, 2017 CITY OF FRESNO, a California municipal corporation By Wilma Quan-Schecter, City Manager Dated: _______________, 2017 APPROVED AS TO FORM: By: ____________________ DOUGLAS T. SLOAN City Attorney ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy ATTACHMENT NO. 1 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF CITY PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: APN 327-030-38T (portion) The East half of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. ALSO EXCEPTING THEREFROM that portion conveyed to Pacific gas and Electric Company by deed dated November 22, 1960, and recorded November 23, 1960, as Instrument No. 82430 in Book 4469, Page 549, Official Records Fresno County. Containing an area of 53.13 acres, more or less. APN 327-030-41T (portion) The West half of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. Containing an area of 79.09 acres, more or less. ATTACHMENT NO. 2 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF DARLING PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: Lots 3 and 9 of Tract No. 2573, Southgate Industrial Park, according to the map thereof recorded in Book 32 of Plats, at Pages 52, 53 and 54 of plats, Fresno County Records ATTACHMENT NO. 3 TO ENTIRE AGREEMENT LEGAL DESCRIPTION AND DEPICTION OF NEW SITE ATTACHMENT NO. 4 TO ENTIRE AGREEMENT INSURANCE COVERAGE AND AMOUNTS ATTACHMENT NO. 5 TO ENTIRE AGREEMENT DEPICTION OF OPTION SITE ATTACHMENT NO. 6 TO ENTIRE AGREEMENT FORM OF OPTION AGREEMENT PURCHASE OPTION AGREEMENT This Purchase Option Agreement (the “Agreement”) is made and entered into as of this ______ day of ___________, 2017 by and between the City of Fresno, a public body (the “City”) and Darling Ingredients Inc., a Delaware corporation (“Darling”) with reference to the following recitals of fact: RECITALS: A. WHEREAS, the City owns certain property located at the southwest corner of Jensen Avenue and Polk Avenue, in the City of Fresno (APN 327-030-41T) of which it has agreed to convey the northern 20 acres (“New Site’) to Darling for the construction of a new rendering plant pursuant to the Disposition Agreement and Development Agreement between the City and Darling dated ____________, 2017. B. WHEREAS, Darling desires to acquire an option to purchase up to an additional 20 acres adjacent to the New Site, as m ore particularly described in Exhibit “A” (the “Property”). C. WHEREAS, the parties hereto desire to set forth the terms of the option granted herein from the City to Darling to purchase the Property. NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Option. City hereby grants to Darling an option (the “Option”) to purchase the Property, on the terms and conditions set forth in this Agreement. 2. Term of Option. The term of the Option (the “Option Term”) shall commence on the date hereof, and shall expire at 11:59 p.m. (Pacific Standard Time) on December 31, 2022. 3. Manner of Exercising Option. Darling may exercise the Option by delivering to City, at any time during the Option Term, written notice of such and an executed Purchase and Sale Agreement in the form of Exhibit “B”. 4. Purchase Price. The purchase price for the Property pursuant to the Option shall be a sum equal to a per acre price of 22,000.00 per acre based upon a professional survey to be paid for by Darling. 5. Completion of Sale. 5.1 Prior to the close of escrow on the Property following exercise of the Option, Darling shall cause a title company to issue, upon close of escrow, an ALTA standard owner’s policy of title insurance dated as of the close of escrow, in an amoun t equal to the Purchase Price for the Property, showing title to the Property vested in Darling and showing as exceptions all encumbrances of record as of the date hereof. 5.2 Escrow for the sale of the Property shall close on the date selected by Darling, which date shall be no later than the Option Termination Date, at which time the Purchase Price shall be due and payable in cash. City shall convey the Property to Darling by means of a grant deed. The costs of such sale shall be apportioned between City and Darling according to the custom then in effect in Fresno County, California. 6. Quitclaim Deed and Termination of Option. Upon termination of the Option Term, Darling agrees, upon City’s request, to (a) execute and deliver to City a quitclaim deed, releasing all of Darling’s right, title, and interest in and to the Option within thirty (30) days after termination of the Option Term, and (b) execute, acknowledge and deliver such other documents as may be reasonably required by City’s title company to remove the cloud of the Option from title to the Property. 7. Notices. Notices, demands and communication between the parties shall be in writing and shall be served personally or by depositing the same in the certified United States mail, return receipt requested, post prepaid, and, if intended for City shall be addressed to: City of Fresno 2600 Fresno Street Fresno, CA 93721 If intended for Darling shall be addressed to: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. Or to such address as either party may have furnished to the other in writing as a place for the service of notice. Any notice so mailed shall be deemed to have been given on the delivery date, or the date that delivery is refused by the addressee, as shown on the return receipt. 8. Attorney’s Fees. In the event of any action or proceeding at law or in equity between any of the parties hereto to enforce any provision of this Agreement or to protect or establish any right or remedy of either party hereunder. The unsuccessful party to the litigation shall pay to the prevailing party all costs and expenses, including with limitation, reasonable attorneys’ fees incurred therein by the prevailing party, and if the prevailing party recovers judgment in any action or proceeding, the costs, expenses and attorney’s fees shall be included in and as part of the judgment. 9. Assignment. This Option Agreement may be assigned to a business conducting a use related to rendering, with the written approval of City. 10. Miscellaneous. 10.1 City and Darling each represent and warrant that neither has had or will have any dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement and/or the consummation of the transactions contemplated hereby. Each party hereto herby agrees to indemnify and hold harmless the other party from and against costs, expenses of liabilities for compensation, commissions or charges which may be claimed by any broker, finder or similar party by reason on any actions of the indemnifying party. 10.2 The rights and obligations of City and Darling under this Agreement shall inure to the benefit of, and bind the respective successors and assigns. 10.3 The captions used herein are for convenience of reference only and are not part of the Agreement and do not in any way limit of amplify the terms and provisions hereof. 10.4 Time is of the essence of each and every agreement, covenant and condition of this Agreement. 10.5 This Agreement shall be interpreted in accordance with, and governed by, the laws of the State of California. 10.6 This Agreement constitutes the entire agreement by and among City and Darling with respect to the subject matter hereof, and supersedes all prior offers and negotiations, oral and written. This Agreement many not be amended or modified in any respect whatsoever except by an instrument in writing signed by City and Darling. IN WITNESS WHEROF, City and Darling have executed this Agreement as of the date first above written. CITY CITY OF FRESNO, A California Municipal Corporation By: ____________________________ Wilma Quan-Schecter, City Manager Dated: ___________________________ DARLING DARLING INGREDIENTS INC., a Delaware corporation By: _______________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. Dated: ___________________________ Exhibit “A” To Attachment No. 6 Option Agreement (Legal Description of Option Property) Exhibit “B” To Attachment No. 6 Option Agreement ______________________________________________________________ REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS _______________________________________________________________ THE CITY OF FRESNO, a municipal corporation, in its capacity as Housing Successor to the Redevelopment Agency of the City of Fresno (“Seller”), and DARLING INGREDIENTS INC., a Delaware corporation, (“Buyer”), enter into this Real Property Purchase and Sale Agreement and Joint Escrow Instructions (the “Agreement”), effective as of the date that the Buyer has executed it and the City Council has approved it. RECITALS A. The Seller owns certain real property described in Exhibit A, attached, (the “Property”). B. The Buyer has agreed to purchase the entire property as-is. C. The Buyer desires to purchase the Property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. Purchase and Sale. Seller will sell the Property to Buyer, and Buyer will purchase the Property from Seller on the terms and conditions set forth in this Agreement. 2. Conditions Precedent. Closing shall be conditioned upon performance of all of obligations in this Agreement and satisfaction of the conditions listed in Sections 2.1 and 2.2 provided that Seller may, in Seller’s sole discretion, elect to waive any such condition of Closing. 2.1 Compliance with CEQA. Buyer must comply with the California Environmental Quality Act. 2.2 Environmental Assessment. The Property is being sold in an “As is” condition. The Buyer may perform a Phase 1 Environmental Site Assessment at Buyer’s cost. Seller shall provide Buyer with any copies of environmental reports pertaining to the Property in Seller’s possession without any warranty as to their accuracy. 3. Purchase Price. The purchase price for the Property is TWENTY TWO THOUSAND DOLLARS ($22,000) for a total purchase price of _________________ (“Purchase Price”). The Purchase Price, subject to adjustments provided in this Agreement (if any), will be paid by Buyer in cash or by wire transfer of immediately available funds at the Closing. 4. Seller’s Warranties. Seller represents and warrants that: (a) Seller owns the Property, free and clear of all liens, licenses, claims, encumbrances, easements, leases, encroachments on the Property from adjacent Property, encroachments from the Property onto adjacent Property, and any rights of way, other than those disclosed by the public record; (b) Seller has no knowledge of any pending litigation involving the Property; (c) Seller has no knowledge of any violations of, or notices concerning defects or noncompliance with any code, statute, regulation, ordinan ce, judicial order, judicial holding, or other applicable law concerning the Property; The continued accuracy in all respects of Seller's representations and warranties shall be a condition precedent to Buyer's obligation to close. All representations and warranties contained in this Agreement shall be deemed remade as of the date of Closing and shall survive the Closing. If any of the representations and warranties are not correct at the time made or as of the Closing, Buyer may terminate this Agreement and there shall be no further liability on the part of Buyer to Seller. 5. Opening Escrow/Escrow Deposit. Within ten business days after the execution of this Agreement by both parties, the parties will open an escrow (“Escrow”) with ________________________________ (“Title Company”), Attention: ____________, and Buyer shall deposit into Escrow the sum of ________________ (5% of the Purchase Price) (“Deposit”) to be placed in an interest bearing account. 5.1 Agreement as Joint Escrow Instructions. This Agreement, when signed by Buyer and Seller and deposited into escrow with the Title Company, will be the parties’ joint escrow instructions. Buyer and Seller will sign and deliver any other form instructions the Title Company may require that are consistent with this Agreement. 5.2 Deposits into Escrow. Buyer and Seller will deposit all instruments, documents, money, and other items into escrow with the Title Company that (i) this Agreement identifies or (ii) the Title Company may require that are consistent with the terms and purposes of this Agreement, and necessary to Closing. Within thirty days after the City Council approves this Agreement, Seller will deposit into the escrow with Title Company, or will conditionally deliver to Buyer, a recordable grant deed duly executed and acknowledged before a notary public, and accompanied by documentation reasonably necessary to establish the authority of any signatory executing such deed on behalf of Seller. 5.3 Title. Seller will convey title of the Property to Buyer AS IS, without regard to all title defects, liens, encumbrances, conditions, covenants, restrictions, leases or agreements, and other adverse interests of record or known to Seller. 5.4 Title and Closing Costs. Buyer will pay any costs of clearing and conveying title. Buyer will pay the cost of a CLTA or ALTA owner’s title policy insuring Buyer’s title in the condition described in Section 5.3. Escrow fees, costs to record the grant deed, etc., shall be split equally between Buyer and Seller. 5.5 Closing. The escrow will be considered closed (“Closing” or “Close” or the “Closing Date”) on the date that the Title Company records the grant deed. The escrow will be in condition to Close when all conditions to Close are satisfied or waived, the Title Company is prepared to issue the title policy described herein, and the Title Company is otherwise able to record the grant deed. Unless extended by the mutual consent of the parties, the escrow and this Agreement shall terminate if Closing does not occur within sixty days following final execution of this Agreement (including attestation by the Clerk) (the “Outside Closing Date”). Seller’s Executive Director is authorized to agree to administratively extend this Agreement as necessary to accommodate satisfaction of conditions precedent. Upon termination of the escrow, the Title Company will return all funds, including the Deposit, and documents to the respective depositor, less any termination fee if applicable, and this Agreement will be of no further effect except as herein provided. 5.6 Recordation. At Closing, Title Company shall date the grant deed, and all other undated documents in escrow, with the date of Closing, and the Title Company shall record the grant deed, performance deed of trust and all other documents necessary to the Closing. 5.7 Disbursements. At Closing, Title Company shall disburse the Purchase Price, less Seller’s costs to clear title (placing it in the condition set forth in Section 5.3), prorations, and other costs, if any, to Seller, when Title Company is committed to issue a standard CLTA or ALTA owner’s title insurance policy to Buyer insuring its fee title in the condition set forth in Section 5.3, above, for the Purchase Price or such lesser amount as Buyer may designate. 5.8 Risk of loss. Any loss or damage, to the Property or any improvements on it, before Closing is at Seller’s risk. 5.9 Broker. Neither party engaged a broker for this transaction. 6. Delivery of Possession. Seller shall deliver exclusive possession of the Property at Closing. 7. Buyer’s Right to Enter and Inspect the Property. Buyer shall have the right to enter, inspect, and conduct any due diligence tests on the property that Buyer deems advisable. Seller grants Buyer, and/or Buyer's agents, the right, upon 24 hours notice, to enter onto the Property to conduct tests and investigations, if all the following occur: (a) Buyer conducts tests and investigations at its sole cost and expense; (b) the tests and investigations do not unreasonably interfere with Seller's possession. 8. Miscellaneous Provisions. 8.1 Further Assurances. Each party will sign and deliver further documents, or take any further actions required to complete the purchase and sale described herein. 8.2 Notices. All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed delivered: (a) on the date of service if served personally on the person to receive the notice, (b) on the date deposited in the U.S. mail, if delivered by depositing the notice or communication in the U. S. mail, postage prepaid, and addressed to the relevant party at the address set forth below, (c) on the date of transmission if delivered by facsimile, to the number provided below, that provides a transmission confirmation showing the date and time transmitted, or (d) on the date of transmission if delivered electronically via email and showing the date and time transmitted. To Seller: City of Fresno 2600 Fresno Street Fresno, CA 93721 To Buyer: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: Rick Elrod Executive Vice President, DAR PRO U.S.A. 8.3 Entire Agreement. Each Exhibit referred to in this Agreement is by that reference incorporated into and made a part of this Agreement. This Agreement is the entire agreement between the parties regarding the purchase and sale of the Property, and supersedes all prior discussions, negotiations, commitments or understanding, written or oral. 8.4 Amendment or Cancellation. Buyer and Seller may amend or cancel this Agreement only by mutual written consent of the parties, unless otherwise expressly provided herein. 8.5 Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of each party, and each party’s heirs, successors, assigns, transferees, agents, employees or representatives. The Buyer may assign this agreement and its rights hereunder without the consent of Seller. 8.6 Time of the Essence. Time is of the essence of each term in this Agreement. 8.7 Attorneys' Fees. If any party to this Agreement or the Title Company begins any action, proceeding, or arbitration arising out of this Agreement, then as between Buyer and Seller, the prevailing party shall be entitled to receive from the other party, besides any other relief that may be granted, its reasonable attorneys' fees, costs, and expenses incurred in the action, proceeding, or arbitration. 8.8 Governing Law . This Agreement and the legal relations between the parties shall be governed by and construed according to California law. Venue for the filing of any action to enforce or interpret this Agreement or any rights and duties hereunder shall be in Fresno, California. 8.9 Headings. The section headings in this Agreement are for convenience only. The headings are not part of this Agreement and shall not be used to construe it. 8.10 Waiver. If Buyer or Seller waives a breach of any provision herein, the waiver will not be a continuing waiver. The waiver will not constitute a waiver of any subsequent breach, or a waiver of a breach of any other provision hereof. 8.11 Severability. The provisions of this Agreement are severable. The invalidity or unenforceability of any provision in this Agreement will not affect the other provisions. 8.12 Interpretation. This Agreement is the result of the combined efforts of the parties. If any provision of this Agreement is found ambiguous, the ambiguity will not be resolved by constru ing this Agreement in favor or against any party, but by construing the terms according to their generally accepted meaning. 8.13 Precedence of documents. If any conflict exists between the body of this Agreement and any Exhibit or Attachment to it, the provisions of the body of this Agreement will control and take precedence over the Exhibit or Attachment. 8.14 Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. Facsimile or electronic copy signatures shall be deemed as valid and binding as original signatures. 8.15 Survival. All representations and warranties, indemnifications, and other provisions which, by their nature are intended to continue, shall survive Closing and delivery of the grant deed. 8.16 Seller’s Default and Buyer’s Remedies. If the sale of the Property is not consummated due to Seller’s material default hereunder that is not cured within five business days of Notice from Buyer of Default, then Buyer shall have the right, to elect, as its sole and exclusive remedy, to either (a) terminate this Agreement by written notice to Seller, promptly after which the Deposit shall be returned to Buyer, (b) waive the default and pro ceed to close the transaction contemplated herein. Notwithstanding anything to the contrary contained herein, Seller shall not be deemed in default unless and until Buyer provides Seller with written notice of such default and Seller fails to cure such default within five business days of its receipt of such written notice. 8.17 Buyer’s Default and Seller’s Remedies. If the sale of the Property is not consummated due to Buyer’s material default, then Seller shall have the right, to elect, as its sole and exclusive remedy, to terminate this Agreement by written notice to Buyer, after which the Deposit shall be forfeited. IN WITNESS WHEREOF the Seller and Buyer have signed this Agreement on the dates set forth below. CITY CITY OF FRESNO, A California Municipal Corporation By: ____________________________ Wilma Quan-Schecter, City Manager Dated: ___________________________ DARLING DARLING INGREDIENTS INC., a Delaware corporation By: _______________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. Dated: ___________________________ The City of Fresno has signed this Agreement pursuant to authority granted on_____________, 20___ ATTEST: YVONNE SPENCE, CMC City Clerk By______________________________ Deputy Dated: ____________________, 20___ APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney By_______________________________ Deputy Dated: ______________________, 20___ Attachments: Exhibit A: Legal Description EXHIBIT "A" To Purchase and Sale Agreement Legal Description of Option Property ATTACHMENT NO. 7 TO ENTIRE AGREEMENT SCHEDULE OF PERFORMANCE ITEM TO BE PERFORMED TIME FOR PERFORMANCE AGREEMENT REFERENCE 1. 2. 3. It is understood that the foregoing Schedule of Performance is subject to all of the terms and conditions set forth in the Agreement. The summary of the items of performance in this Schedule of Performance is not intended to supersede or modify the more complete description in the text of the Agreement; in the event of any conflict or inconsistency between this Schedule of Performance and the text of the Agreement, the text shall govern. The time periods set forth in this Schedule of Performance may be altered or amended only by written agreement signed by both (i) Darling, and (ii) City. A failure by either party to enforce a breach of any particular time provision shall not be construed as a waiver of any other time provision. The City Manager on behalf of City shall have the authority to approve extensions of time without City Council action not to exceed a cumulative total of one hundred eighty (180) days as provided in Section 1103. ATTACHMENT NO. 8 TO ENTIRE AGREEMENT SCOPE OF DEVELOPMENT A. General Darling agrees that the New Site shall be developed and improved in accordance with the provisions of this Agreement including all attachments, and the plans, drawings, and related documents approved by City pursuant hereto. Darling, its supervising architect, engineers, and contractor shall work with City staff to coordinate the overall design, architecture, site layout, open areas, landscaping and parking with regards to mass, scale, bulk, color and materials. Any questions or issues regarding the Scope of Development not included or addressed herein or in the Disposition Agreement shall be resolved in accordance with the Fresno Municipal Code. B. Design Criteria 1. Site Plan. The New Site Plan shall be consistent with the Schematic Site Plan attached hereto as Exhibit "A." C. Site Work Darling shall be responsible for construction and installation of all Site improvements. Darling’s improvements are currently designed to include, but may not be limited to the following: 1. Construction of ____ buildings designed as follows _________________ ________________________________________________________________ ________________________________________________________________. 2. Parking area(s) shall be provided on-site. The design and construction, as well as the number of parking spaces provided shall be in accordance with the Fresno Municipal Code. Construction of the parking areas shall include installation of necessary drainage system(s) (including connections within the public right-of-way), paving, installation of required landscaping and irrigation, striping and labeling, all in accordance with the Fresno Municipal Code and the Approved Plans. 3. On-site landscaping and automatic irrigation system shall be installed and maintained per Approved Plans consistent with the Fresno Municipal Code. 4. On-site lighting shall be installed in a manner consistent with the approved lighting and electrical plans. The design of light standards and fixtures shall be consistent with the requirements of the Fresno Municipal Code. D. Landscaping Landscaped yards shall be maintained with landscaping and automatic irrigation. E. Trash and Recycling Storage Trash storage areas shall be provided of sufficient size to ensure containment of all solid waste materials generated from the New Site. The size of the enclosure shall be determined by the City staff based upon the size and nature of the facility proposed but shall not be less than thirty (30) square feet. The trash enclosure shall be constructed of solid masonry walls and shall not be less than five (5) feet in height with solid metal panel gates equipped with self-closing devices. Adequate access shall be provided to the enclosure for refuse pickup. F. Signs All signs shall be installed by Darling. G. Not Used H. Mechanical Equipment No mechanical equipment, including electrical transformers shall be located in any required setback area. I. Applicable Codes All improvements shall be constructed in accordance with the California Building Code (with Fresno modifications), the City of Fresno Fire Code, the Fresno Municipal Code and current City standards. J. Not Used. EXHIBIT "A" TO ATTACHMENT NO. 8 TO ENTIRE AGREEMENT SCHEMATIC SITE PLAN [To Be Inserted] ATTACHMENT NO. 9 TO ENTIRE AGREEMENT GRANT DEED FREE RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Darling Ingredients, Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary GRANT DEED FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF FRESNO, a California municipal corporation ("Grantor") hereby grants to DARLING INGREDIENTS INC., a Delaware corporation ("Grantee"), the real property in the City of Fresno, County of Fresno, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (“Property”). As conditions of this conveyance, Grantee covenants by and for itself and any successors- in-interest for the benefit of Grantor as follows: 1. Governing Documents. The Property is being conveyed: (i) pursuant to a Disposition Agreement and Development Agreement ("DADA") entered into by and between Grantor and Grantee dated ______________, 2017; and (ii) subject to the terms of the DADA and this Deed, as those terms are defined in the DADA. The DADA is a public record on file in the office of the City Clerk of the City of Fresno (“City”), located at 2600 Fresno Street, Fresno, CA 93720 and is incorporated herein by this reference. Any capitalized terms not defined herein shall have the meanings ascribed to them in the DADA. Grantee covenants and agrees for itself and its successors and assigns to develop the Property in accordance with the DADA and thereafter to use, operate and maintain the Property in accordance with this Deed. The Property is also conveyed subject to easements and rights-of-way of record and other matters of record. In the event of any conflict between this Deed and the DADA, the provisions of the DADA shall control. 2. Term of Restrictions. Grantee covenants and agrees for itself, its successors, its assigns, and every successor-in-interest to the Property that Grantee, such successors and such assigns, shall not develop, operate, maintain or use the Property in violation of the terms and conditions of the DADA. Grantee shall commence to construct the improvements within the time period specified in the DADA and diligently prosecute same to completion. 3. Right of Reverter. Grantee covenants by and for itself and any successors-in- interest that Grantor shall have the right, at its option, to reenter and take possession of the Property hereby conveyed, with all improvements thereon, and revest in Grantor the estate APNs. _________________________________ (Space Above This Line for Recorder’s Office Use Only) THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $___ per R&T Code _____ (Exempt from Recording Fee per Gov. Code §6103) conveyed to the Grantee if after Closing and prior to recordation of the Certificate of Completion and Satisfaction, Grantee or successor-in-interest shall commit a material default as described in the DADA. Within five (5) days after Grantor gives Grantee written notice that Grantor intends to exercise its right to reenter and take possession of the Property, Grantee shall deliver a grant deed duly executed and acknowledged transfer the Property to Grantor. This right of reverter shall be interpreted liberally in order to protect Grantor’s contribution of financial assistance to Grantee which was made as material consideration for Grantee constructing and operating the New Plant Project as set forth in the DADA. The Right of Reverter shall automatically terminate upon the recordation of the Certificate of Compliance in compliance with the DADA. 4. Transfer Restrictions. Grantee shall not transfer or encumber the Property or any of its interests therein except as provided in Section 303 of the DADA. 5. Reservation of Existing Streets. Grantor excepts and reserves any existing street, proposed street, or portion of any street or proposed street lying outside the boundaries of the Property which might otherwise pass with a conveyance of the Property. 6. Non-Discrimination. Grantee covenants that there shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the rental, sale, lease, sublease, transfer, use, occupancy, or enjoyment of the Property, or any portion thereof, nor shall Grantee, or any person claiming under or through Grantee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the Property or any portion thereof. The nondiscrimination and non-segregation covenants contained herein shall remain in effect in perpetuity. 7. Form of Nondiscrimination Clauses in Agreements. Grantee shall refrain from restricting the rental, sale, or lease of any portion of the Property on the basis of race, color, creed, religion, sex, marital status, age, ancestry, or national origin of any person. All such d eeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or non- segregation clauses: (a) Deeds: In deeds the following language shall appear: "The grantee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee itself, or any persons claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) Leases: In leases the following language shall appear: "The lessee herein covenants by and for itself, its heirs, executors, administrators, successors, and a ssigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: "That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the leasing, subleasing, renting, transferring, use, occupancy, tenure, or enjoyment of the land herein leased nor shall the lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein leased." (c) Contracts: In contracts pertaining to conveyance of the realty the following language shall appear: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, ancestry, or national origin in the sale, lease, rental, sublease, transfer, use, occupancy, tenure, or enjoyment of the land, nor shall the transferee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." The foregoing covenants shall remain in effect in perpetuity. 8. Covenants to Run With the Land. The covenants contained in this Deed shall be construed as covenants running with the land and not as conditions which might result in forfeiture of title, and shall be binding upon Grantee, its heirs, successors and assigns to the Property, whether their interest shall be fee, easement, leasehold, beneficial or otherwise. [SIGNATURE LINES ON FOLLOWING PAGE] IN WITNESS WHEREOF, Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers or agents hereunto as of ________, 201__. "GRANTOR" CITY OF FRESNO, a California municipal corporation By ____ Wilma Quan-Schecter, City Manager APPROVED AS TO FORM: By: ____________________ DOUGLAS T. SLOAN City Attorney ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy CERTIFICATE OF ACCEPTANCE By its acceptance of this Deed, Grantee hereby agrees as follows: 1. Grantee expressly understands and agrees that the terms of this Deed shall be deemed to be covenants running with the land and shall apply to all of the Grantee's successors and assigns (except as specifically set forth in the Deed). 2. The provisions of this Deed are hereby approved and accepted. Date:____________, 201__ "DARLING" DARLING INGREDIENTS INC., a Delaware corporation By: _____________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. EXHIBIT "A" ATTACHMENT NO. 9 TO ENTIRE AGREEMENT LEGAL DESCRIPTION OF PROPERTY That certain real property in the City of Fresno, County of Fresno, State of California legally described as follows: A portion of the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of Section 22; thence North 89°44’08” West, on the North line of said Northeast quarter, a distance of 1320.31 to the Northeast corner of the West half of said Northeast quarter and the TRUE POINT OF BEGINNING; thence South 00°22’55” West, on the east line of said West half, a distance of 1315.79 feet; thence North 89°54’00” West, a distance of 818.63 feet; thence North 00°05’41” East, a distance of 853.01 feet; thence South 89°54’15” East, a distance of 570.10 feet; thence North 00°06’00” East, a distance of 463.46 feet to the North line of said Northeast quarter; thence South 89°44’08” East, on said North line, a distance of 255.05 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the North 30.00 feet of said Northeast quarter, as conveyed to the County of Fresno in deed recorded January 5, 1976, as Instrument No. 467, in Book 6532, Page 798, Official Record Fresno County. Containing an area of 18.54 acres, more or less. TOGETHERWITH that portion of land granted as an easement for ingress and egress purposes appurtenant to the aforementioned property described above. Said access easement is described as follows: That real property located in the City of Fresno, County of Fresno, State of California, lying in the Northeast quarter of Section 22, Township 14 South, Range 19 East, Mount Diablo Base and Meridian, according to the United States Government Township Plat, approved by the Surveyor General on November 30, 1854, more particularly described as follows: Commencing at the Northeast corner of the Northeast quarter of Section 22; thence North 89°44’08” West, on the North line of said Northeast quarter, a distance of 1320.31 to the Northeast corner of the West half of said Northeast quarter; thence South 00°22’55” West, on the east line of said West half, a distance of 1315.79 feet and the TRUE POINT OF BEGINNING of said easement ; thence North 89°54’00” West, a distance of 125.94 feet; thence South 00°06’00” West, a distance of 50.00 feet; thence South 89°54’00” East, a distance of 1396.00 feet to the westerly right-of-way line of South Cornelia Avenue; thence North 00°22’53” East, a distance of 50.00 feet; thence North 89°54’00” West, a distance of 1270.30 feet to the TRUE POINT OF BEGINNING. Containing an area of 1.60 acres, more or less. STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. ATTACHMENT NO. 10 TO ENTIRE AGREEMENT COVENANT AGREEMENT ATTACHMENT NO. 11 TO ENTIRE AGREEMENT CERTIFICATE OF COMPLETION AND SATISFACTION FREE RECORDING REQUESTED BY & WHEN RECORDED RETURN TO: Darling Ingredients Inc. 251 O’Connor Ridge Blvd. Ste. 300 Irving, TX 75038 Attn: John Sterling Executive Vice President, General Counsel and Secretary CERTIFICATE OF COMPLETION AND SATISFACTION Pursuant to that certain Disposition Agreement and Development Agreement ("Entire Agreement") dated _______________, 201__ by and between the CITY OF FRESNO ("City") and DARLING INGREDIENTS INC., a Delaware corporation ("Darling"), Darling has agreed to develop that certain real property situated in the City of Fresno, County of Fresno, State of California, described on Exhibit "A" attached hereto and made a part hereof (“Property”). RECITALS: A. Terms not otherwise specifically defined in this document shall have the meaning specified in the Entire Agreement. B. As referenced in the Disposition Agreement (Part I) of the Entire Agreement (“Disposition Agreement”) and the Development Agreement (Part II) (“Development Agreement”) of the entire Agreement, City is required to furnish Darling with a Certificate of Completion and Satisfaction upon completion of construction and development and new plant and the commencement of operations, which certificate shall be in such form as to permit it to be recorded in the Official Records of Fresno County, California. C. The Disposition Agreement provides for certain covenants to run with the land, which covenants were incorporated in the Deed (as defined in the Disposition Agreement). D. This Certificate of Completion and Satisfaction shall constitute a conclusive determination by City of the satisfactory completion by Darling of the construction and development required by the Disposition Agreement and of Darling’s compliance with the terms of the Disposition Agreement with respect to such construction, development and commencement of operations of the New Plant, but not of the Deed nor of the Declaration, the provisions of which shall continue to run with the land pursuant to their terms. E. City has conclusively determined that the construction and development on the Property required by the Disposition Agreement has been satisfactorily completed by Darling in full APNs. __________________ (Space Above This Line for Recorder’s Office Use Only) (Exempt from Recording Fee per Gov. Code §6103) compliance with the terms of the Disposition Agreement and that the New Plant has commenced operations on the Property. NOW, THEREFORE 1. The improvements required to be constructed have been satisfactorily completed and New Plant has been commenced operations in accordance with the provisions of the Disposition Agreement and the Development Agreement. 2. This Certificate of Completion and Satisfaction shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Disposition Agreement and the Development Agreement with respect to the obligations of Darling, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. 3. This Certificate of Completion and Satisfaction shall constitute a conclusive determination of the termination of the Right of Reverter in the Disposition Agreement and the Deed. 4. This Certificate of Completion and Satisfaction shall not constitute evidence of Darling’s compliance with continuing operations covenant and other covenants in the Deed, the provisions of which shall continue to run with the land. 5. This Certificate of Completion and Satisfaction is not a Notice of Completion as referred to in California Civil Code Section 3093. 6. Except as stated herein, nothing contained in this instrument shall modify in any way any other provisions of the Disposition Agreement, the Development Agreement or any other provisions of the documents incorporated therein. IN WITNESS WHEREOF, City has executed this Certificate of Completion and Satisfaction this ____ day of ________________, 201__. "CITY" CITY OF FRESNO, a California municipal corporation By Wilma Quan-Schecter, City Manager CONSENT TO RECORDATION DARLING INGREDIENTS INC., a Delaware corporation as the owner of the fee title to the real property legally described herein, hereby consents to the recordation of this Certificate of Completion and Satisfaction against the Property (defined herein). "DARLING" Date: ______________, 201__ DARLING INGREDIENTS INC., a Delaware corporation By: _____________________________ Rick Elrod, Executive Vice President, DAR PRO U.S.A. EXHIBIT "A" TO ATTACHMENT NO. 11 TO ENTIRE AGREEMENT LEGAL DESCRIPTION 1 STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF ________________ ) On ___________________, 201_ before me, __________________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _________________________________________ Notary Public SEAL: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. Exhibit 15: Powerpoint Presentation City Council Hearing October 26, 2017 CONSIDERATION OF PLAN AMENDMENT NO. A-17-008; REZONE APPLICATION NO. R-17-011; DISPOSITION AGREEMENT AND DEVELOPMENT AGREEMENT; and related INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Filed by City of Fresno City Council Hearing October 26, 2017 Aerial Photograph •Approximately ±40 acres •Located at 5449 West Jensen Avenue, west of South Cornelia Avenue W Jensen Ave S Cornelia Ave Proposed Site (approximate) = City Council Hearing October 26, 2017 Planned Land Use & Zoning Map PLANNED LAND USE: FROM: PUBLIC FACILITIES TO: HEAVY INDUSTRIAL ZONING: FROM: PI/UGM (Public and Institutional/Urban Growth Management) TO: IH (Heavy Industrial) City Council Hearing October 26, 2017 Staff Recommendation •ADOPT Environmental Assessment No. A-17-008/R-17-011, a Mitigated Negative Declaration dated September 2017. •RESOLUTION – Approving Plan Amendment Application No. A-17-008 to amend the Fresno General Plan from the Public Facilities planned land use designation to the Heavy Industrial planned land use designation. •BILL – (For introduction and adoption) – Approving Rezone Application No. R-17- 011 to amend the Official Zone Map to reclassify the subject property from the PI/UGM (Public and Institutional/Urban Growth Management) zone district to IH (Heavy Industrial) zone district. •BILL – (For introduction) – Approving the Disposition Agreement and Development Agreement by and between the City of Fresno and Darling Ingredients Inc. between the City of Fresno and Darling Ingredients Inc., pertaining to relocation and the transfer and development of real property on the southwest corner of Jensen and Cornelia Avenues. City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: REPORT TO THE CITY COUNCIL October 26, 2017 FROM:JENNIFER CLARK, Director Development and Resource Management Department BY:SOPHIA PAGOULATOS, Planning Manager Development and Resource Management Department THROUGH:DAN ZACK, Assistant Director Development and Resource Management Department SUBJECT HEARING - To consider the adoption of the Southwest Fresno Specific Plan and related Final Program Environmental Impact Report (FPEIR), State Clearinghouse (SHC) # 2017031012. The following applications have been filed by the Fresno City Council and pertain to approximately 3,255 acres in the DA-1 South Development Area: 1.RESOLUTION -Certifying Final Program EIR (SCH No.2017031012),for the Southwest Fresno Specific Plan and related plan amendment,rezones,and text amendment to the Development Code. a.ADOPT Findings of Fact as required by Public Resources Code Section 21081(a)and CEQA Guidelines, Section 15091; and, b.ADOPT the Statement of Overriding Considerations as required by Public Resources Code, Section 21081(b) and CEQA Guidelines, Section 15093; and c.APPROVE a Mitigation Monitoring and Reporting Program as required by Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097. 2.RESOLUTION -Approving Plan Amendment Application No A-17-13 which proposes to repeal the Edison Community Plan,pertaining to approximately 10,019 acres located in the DA-1 South Development Area 3.RESOLUTION -Approving Plan Amendment Application No.A-17-14 which proposes to adopt the October 2017 Redline Draft and accompanying technical map changes of the Southwest Fresno Specific Plan (Figure 3-2),and the changes recommended by Planning Commission on October 18,2017,pertaining to approximately 3,255 acres located in the DA-1 South Development Area 4.RESOLUTION -Approving Plan Amendment Application No.A-17-15 which proposes to update the Land Use Map (Figure LU-1)and the Dual Designation Map (Figure LU-2)of the Fresno General Plan to incorporate the land use changes proposed in the Southwest City of Fresno Printed on 3/6/2023Page 1 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: the Fresno General Plan to incorporate the land use changes proposed in the Southwest Fresno Specific Plan and the changes recommended by Planning Commission on October 18,2017;and to correspondingly amend the Fresno Chandler Executive Airport Land Use Compatibility Plan and the Fresno-Chandler Downtown Airport Master and Environs Specific Plan 5.BILL -(For Introduction)Approving Text Amendment Application No.TA-17-08 which proposes amendments to the Citywide Development (Fresno Municipal Code Chapter 15) to incorporate the Kearney Boulevard Historic Corridor (KB)Overlay District and the California Avenue Transit Corridor (CA) Overlay District 6.BILL -(For Introduction and Adoption)Approving Rezone Application No.R-17-17 which proposes to apply the Kearney Boulevard Historic Corridor (KB)Overlay District to approximately 50.65 acres and to apply the California Avenue Transit Corridor (CA) Overlay District to approximately 40 acres 7.BILL -(For Introduction and Adoption)Approving Rezone Application No.R-17-18 which proposes to rezone approximately 910 acres of property within the Southwest Fresno Specific Plan Area,including the changes recommended by Planning Commission on October 18, 2017, to be consistent with the planned land use 8.RESOLUTION -Authorizing the Development and Resource Management Director or her designee to correct any typographical errors and update the text,policies, maps,tables,and exhibits contained in the Southwest Fresno Specific Plan,the Fresno General Plan and the Development Code to reflect the final action taken by the Council,to the extent that such updates are necessary to maintain consistency. RECOMMENDATION Recommend approval of the Southwest Fresno Specific Plan, with corresponding amendments to the Fresno General Plan, the Fresno Zoning Map, and the Development Code, including changes recommended by the Planning Commission at its October 18, 2017 meeting. EXECUTIVE SUMMARY The proposed project is the adoption of the Southwest Fresno Specific Plan,which entails the repeal of the Edison Community Plan,amendment of the General Plan,adoption of a text amendment to amend the Development Code,the rezoning of approximately 910 acres in the Plan Area,and the adoption of a text amendment and rezone to establish zoning overlays along two key corridors.This report describes the planning process as well as the key elements of the Plan.The Planning Commission last acted on this item in November of 2016 when it recommended initiation of the Draft Preferred Alternative, which included a land use map and guiding principles. BACKGROUND Origins.The Southwest Fresno Specific Plan (the Plan)is the first of several specific plans to be developed for the purpose of community-led refinement of the Fresno General Plan with emphasis on implementation and incentivizing development.It builds upon key components in the Urban Form Element of the General Plan:a Bus Rapid Transit Corridor along California Avenue,an activity center on the site bounded by Church Avenue,Martin Luther King,Jr.Blvd.and Jensen Avenue and complete neighborhoods. Specific Plans.The California Government Code Section 65450 defines specific plans and sets outCity of Fresno Printed on 3/6/2023Page 2 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: Specific Plans.The California Government Code Section 65450 defines specific plans and sets out the regulations for their use.Specific plans systematically implement the general plan for all or part of the area under its scope in one of three ways:1)by acting as statements of planning policy that refine the general plan policies applicable to a defined area;2)by directly regulating land use,or 3) by bringing together detailed policies and regulations into a focused development scheme.The Plan most closely represents 1 and 2,since it includes new planning policy for the area,and it proposes to regulate land use by refining the planned land use and the zoning on a portion of the parcels in the area.The majority of the land use changes are changes in intensity but not use category.For example a parcel may change from Business Park to Office use,or from Medium Density Residential to Medium Low Density. Budget.The initial budget for the Plan was $789,094,which included an economic analysis, infrastructure study,traffic study,outreach services,a land use plan,and an environmental impact report.Two contract amendments were approved during the planning process to pay for additional community outreach and environmental review for a total of $29,143,bringing the total contract amount to approximately $818,237.$750,000 of these funds consisted of Community Development Block Grant (CBBG)funds,and the remainder were general fund monies.One of the requirements associated with the CDBG funds was that they were to be used in eligible geographic areas.See Plan Area section below for further discussion. Consultant Team.The primary consultant on the project was Placeworks,Inc.,who worked closely with the outreach team,led by Shared Spaces.Also on the outreach team were several local consultants,including Pop-Up Design &Development,Centro La Familia,and a local resident from Southwest Fresno. The entire consultant team is listed on the acknowledgements page in the Plan. Process.The planning process was kicked off in July 2015 and was intended to be a community driven process. It is described on pages 1-17 and 1-18 in the Plan and is summarized below. Steering Committee.A 21-member steering committee was appointed by the District 3 Councilmember.The Steering Committee was made up of stakeholders,residents,and advocates of Southwest Fresno.Two developers were also on the steering committee.The Steering Committee established rules for decision-making which included a 75%voting majority to make decisions.The Steering Committee met 16 times during the planning process.All meetings were noticed and open to the public. Community Involvement.Community Input was essential to the development of the plan.A total of 6 community workshops were held during the planning process,as well as 10 topic-group meetings, and 3 community conversations.The purpose of these gatherings was to inform the Steering Committee and the project team about the ideas and concerns of the residents and stakeholders. The topic group meetings were held early in the process to discuss concerns and ideas of community members about specific issues that had been identified,such as housing,parks,and industrial compatibility.These meetings were held in a community office that was established in a vacant storefront near the Plan Area.A youth art-making workshop and a produce market event were also held at the office. The phases of plan development can be summarized as follows: ·Phase 1,July 2015 -November 2016:Development of the Draft Preferred Alternative,which included Guiding Principles and Proposed Land Use Map.During this phase,the following City of Fresno Printed on 3/6/2023Page 3 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: outreach activities occurred: o 3 Community Workshops o 10 topic group meetings o 12 Steering Committee Meetings ·Phase 2,December 2016 -October 2017:Development of the Draft Specific Plan.During this phase, the following outreach activities occurred: o 3 Community Workshops (including one EIR scoping meeting) o 4 Steering Committee Meetings o 3 Community Conversations Outreach. At the beginning of the planning process, bilingual invitations were mailed to all property owners and residents in the Plan Area and beyond. This outreach was repeated at the midpoint of the process. Community residents who attended workshops were added to the mailing list for the project. All Steering Committee meetings were noticed according to the Brown Act and were held in different locations to maximize access. Most community workshops were held at Gaston Middle School in the Plan Area. Radio announcements in English, Spanish and Hmong were used to announce upcoming workshops. Key documents were featured on a special webpage created for the project (www.fresno.gov/southwestplan <http://www.fresno.gov/southwestplan>) and hard copies were placed in the West Fresno Library and various community centers in the Plan Area. A special phone number was established to field questions. Plan Features Plan Area. The geographic area covered by the plan is approximately 3,255 acres in the South Development Area defined in the General Plan and is bounded by Highway 180 on the north and Highway 41 in the east. It does not include the Downtown Neighborhoods Community Plan area nor does it include the land currently in Fresno County that is considered within the Sphere of Influence (SOI) of the General Plan, with one exception, explained below, related to the Martin Luther King, Jr. Activity Center. The maps in the Plan show and consider the SOI as a matter of good planning, but the scope of the Plan and the Environmental Impact Report focuses on the Plan Area only. Potential land uses for the SOI were discussed as part of the planning process and are shown in Figure 3-1 of the Plan. These should be considered for future adoption, if funds can be secured for environmental review. The Martin-Luther King, Jr. Activity Center, bounded by Church Avenue, Martin Luther King, Jr. Blvd, Jensen and Knight Avenues, was identified in the General Plan as a key site for the Southwest Development Area. Although this site was in the SOI when the planning process began, it was included in the Plan Area because of its ideal location and potential in providing retail and services to the Southwest Fresno community. This site was recently entitled with land use and zoning consistent with the Plan and has been approved for annexation into the City of Fresno. The Plan Area includes both existing neighborhoods and vacant land. New development within the Plan Area was envisioned on the vacant land to complement and enhance the existing neighborhoods. Relationship to Other Plans. As a refinement of the city’s General Plan, the Southwest Fresno City of Fresno Printed on 3/6/2023Page 4 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: Specific Plan contains area-specific goals and policies. It also contains a proposed land use map which contemplates land use changes on a portion of the property in the plan area (see Exhibit F). Thus, the adoption of the Plan will require an amendment to the General Plan Land Use Map and Dual Designation Map to maintain consistency. The Plan incorporates recommendations from a recent planning process in the southern portion of the Plan Area called the 41 + North Corridor Complete Streets Plan. This plan, funded by a California Department of Transportation (Caltrans) Environmental Justice Transportation Grant, was aimed at solving mobility challenges in the area, which was bounded by North Avenue, Martin Luther King, Jr. Boulevard, Annadale Avenue, and Elm Avenue. Recommendations which emerged from that planning process that have been incorporated into the Southwest Fresno Specific Plan include pedestrian and bicycle improvements on all of the above-mentioned streets, as well as land use recommendations for commercial uses at the intersection of North and Elm Avenues and a Neighborhood Park and residential uses to the west of the Mary Ella Brown Community Center. The Edison Community Plan, adopted in 1977, is proposed to be repealed pursuant to Policy D-7-a of the General Plan, which calls for its repeal along with that of several other outdated community plans. The Edison Community Plan aimed to stimulate the long-term balanced growth of the community based on three objectives related to public facilities improvements, housing and economic/employment development. A key area identified in the plan was the intersection of California and Walnut Avenues, which was planned for a community center, along with supporting office and retail uses. Today, the West Fresno Regional Center and Library are located on the site, consistent with the vision of the Edison Community Plan. While the Edison Community Plan served its purpose, the fact that is it 40 years old makes it outdated and a potential source of confusion. Today, the area covered by the Edison Community Plan is covered by several more recent plans, including the Downtown Neighborhoods Community Plan (2016), the Fresno Chandler Executive Airport Land Use Compatibility Plan (2014), the General Plan (2014) and the proposed Southwest Fresno Specific Plan. These newer plans more accurately reflect existing conditions and demographics as well as more current strategies for addressing the issues brought forth by the community. Guiding Principles.The core principles of the Plan were developed by the Steering Committee with robust community input and are summarized below (see pages 2-2 and 2-3 in the Plan).These principles address the key issues that were identified early in the planning process:poor quality housing,not enough retail diversity,not enough parks and trails,parks in poor condition,inadequate workforce development and employment opportunities,incomplete and inaccessible transportation system,and incompatible land uses.An overarching theme was community health,which is addressed through the guiding principles: ·Provide a mix of high quality housing types located close to amenities,with an emphasis on single-family housing that is affordable to a mix of household income levels.Encourage new housing that is compatible with the community character and historic architecture of Southwest Fresno. ·Attract retail to serve Southwest Fresno residents and reduce vehicle miles travelled.Retail needs include department stores,restaurants,healthy grocers,and services.Discourage the expansion of potentially controversial retail establishments such as liquor stores and short- City of Fresno Printed on 3/6/2023Page 5 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: expansion of potentially controversial retail establishments such as liquor stores and short- term loan shops. ·Refine the standard for what is defined as “parkland”to include truly usable parks,as opposed to standards that include unusable spaces in ponding basins or parkland located on landfill or toxic sites.Prioritize improving existing parks with better and more amenities.Provide parks that are safe,healthy,social,and active spaces for residents especially families and youth,to visit. ·Prepare,mentor,and train Southwest Fresno residents,including youth,to become better qualified for existing and future employment opportunities within Southwest Fresno and encourage a shift from unskilled,low-wage jobs to skilled,higher-education jobs.Locate employment uses so that they do not conflict with residential areas,but are still conveniently accessible by various modes of transportation and located near retail and regional access points. ·Provide visible,complete,safe,and regularly maintained transportation infrastructure,such as roads,crosswalks,sidewalks,and traffic lights.Connect and expand access to regional transportation networks and locate transit on routes near residential areas that provide access to desired destinations.Accommodate both motorized and non-motorized modes of travel for people of all ages and abilities. ·Locate new industrial development away from Southwest Fresno residential neighborhoods. Increase transparency and communication between government representatives,residents and stakeholders regarding proposed industrial uses and/or improvements.Restrict the proximity of truck routes near residential areas to the maximum extent feasible. Land Use Vision/Concepts.After exploring various land use concepts to establish urban form in the Plan Area,a hybrid concept was chosen as the Draft Preferred (land use)Alternative.This preferred alternative included 3 distinct elements to make southwest Fresno more cohesive,healthy and vibrant. These are described below and on pages 2-5 through 2-11 of the Specific Plan. ·Complete Neighborhoods:Established in the General Plan,this concept aims to break away from Fresno’s typical development pattern of separating residential and retail areas,and instead,to create neighborhoods that are interconnected,self-sufficient and walkable. Complete neighborhoods have housing,services,employment,and recreation all within walking distance. ·Magnet Cores:This is a term used for a high activity center that would include a synergistic mix of uses.There are two magnet cores located within the Plan area;the locations were determined with the guidance of an economic study that recommended these locations for their local and regional access.One magnet core,known as the “MLK Activity Center Magnet Core,”is located on the west side of Martin Luther King,Jr.Blvd.between Church and Jensen Avenues,and is planned for a public facility-college campus,a park,residential development, and a retail center.The other magnet core is located on Whites Bridge Avenue between Marks and Hughes Avenues and is envisioned for retail and urban neighborhood residential uses. City of Fresno Printed on 3/6/2023Page 6 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: ·Corridors:key streets that are lined with higher,more intensive development and have multimodal improvements such as pedestrian,bicycle and transit facilities.The various corridors identified in the Plan have different functions and will serve to further define community identity: o Whites Bridge Avenue: Regional Retail Corridor o Jensen Avenue: Jobs Corridor o Elm Avenue: Mixed Use/Jobs Corridor o Kearney Boulevard: Historic Corridor o California Avenue: Mixed Use/Transit Corridor Text Amendment No.T-17-08 and Rezone No.R-17-017 establish zoning overlays along Kearney Boulevard and California Avenue.The Kearney Boulevard Historic Corridor (KB) Overlay District aims to preserve the historic character of Kearney Boulevard by ensuring that front setbacks and building orientation in new development are consistent with existing development along the corridor.In addition,the text amendment calls for the preservation of the historic configuration of the boulevard by continuing the street tree pattern and frontage road design. The California Avenue Transit Corridor (CA)Overlay District is intended to create a safe and convenient pedestrian environment to support Bus Rapid Transit service on the corridor.It requires that new buildings be oriented toward the street with pedestrian access provided,and limits new front yard fences to 3 feet in height. Land Use.The proposed land use map is a result of applying the urban form elements and guiding principles described above.Land use changes are proposed on approximately 900 acres of land in the 3,255 acre Plan Area.In general,areas with existing neighborhoods were left unchanged,while areas with vacant land were proposed for change.The more intense land uses,such as commercial, mixed use,and higher density residential,were located in magnet cores or along appropriate corridors.Park and ponding basin designations were refined to reflect usable parkland and the classification criteria identified in the draft Parks Master Plan In addition,properties with industrial or business park land uses were re-designated to other uses. Industrial Land.One of the universal themes of the residents of Southwest Fresno was the desire for a healthy community and a concern about industrial uses and truck traffic close to residential neighborhoods.Therefore,the land use recommendations in the Plan include re-designating all industrial and business park land use in the Plan Area to other non-industrial land uses.This would still allow the indefinite continuation of all existing lawfully established industrial uses as legal nonconforming uses.It would not allow the establishment of new industrial or business park uses in the Plan Area.To put this in perspective,there are currently 146 acres of land designated for industrial use in the Plan area,or 2%of the industrially designated land within city limits.Currently there are approximately 7,255 acres of industrially designated land within city limits,of which 2,149 acres are vacant. Housing.The steering committee also believed that the Plan Area and areas near the Plan Area had too much higher density housing and not enough single family housing.The land use plan reflects this direction,as its capacity for multifamily dwelling units is 800 units fewer than anticipated in the City of Fresno Printed on 3/6/2023Page 7 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: this direction,as its capacity for multifamily dwelling units is 800 units fewer than anticipated in the General Plan,while its capacity for single family housing increased by approximately 200 units when compared to the General Plan.The overall impact of the Plan’s proposed land uses on Housing Element sites are discussed later in this report. Implementation Priorities.Chapter 8 of the Plan covers the general strategy for implementation, including funding and financing tools,economic development strategies and an Implementation Action Plan (see pages 8-1 through 8-31 of the Plan).With input from the community,the following priorities were identified: Priority #1A:Incentivize and support development of the proposed Community College Campus at the MLK Activity Center Magnet Core Priority #1B:Underground infrastructure for the MLK Activity Center Magnet Core Priority #1C:New complete streets for Church Avenue,Jensen Avenue,and Martin Luther King,Jr. Blvd (surrounding the MLK Activity Center Magnet Core). Other high priorities include: ·Park Rehabilitation and New Development ·Trail Network ·Establishment of a Grocery Store or Food Coop ·Workforce Development and Local Hiring Policy ·California Avenue Bus Rapid Transit ·Planning the Whites Bridge & Marks Avenue Magnet Core Public Comment on the Plan May 2017 Public Draft.The first public draft of the Plan was made available for a 30-day public comment period from May 17 -June 16,2017.It was released at a community workshop and discussed at 3 community conversations held in during that time period.The comments can be summarized as follows: ·Clarify parameters around the Industrial Compatibility Assessment and the guiding policy that addresses industrial land use ·Enhance transportation options, and work toward zero emission busses ·Refine truck routes to ensure they are removed from residential neighborhoods where feasible ·Clarify terminology and requirements related to street design,including sidewalk with,street tree spacing and lighting, sharrows and biofiltration. ·Clarify parks discussion in the Public Facilities chapter to reflect the usable parkland. ·Add priorities and cost information to the Implementation Chapter ·Ensure adequate planning with the Washington Unified and Central Unified School Districts ·Ensure that eminent domain is only used as a last resort. October 2017 Redline Draft Plan.The Steering Committee considered all plan comments at its June 26,and July 6 2017 meetings and voted on revisions to the May 2017 draft which were memorialized City of Fresno Printed on 3/6/2023Page 8 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: 26,and July 6 2017 meetings and voted on revisions to the May 2017 draft which were memorialized in an August 8,2017 Revisions Memo that was circulated with the Draft Environmental Impact Report.Proposed revisions from the environmental analysis were also added to the memo. Revisions included a new parks policy,green building standards,adding “vibration”to list of performance standards,and revising traffic information to size the future roadway system to avoid property acquisition as much as possible.These revisions are now reflected as redlines in the October 2017 Redline Draft of the document. Further comments were made on the Plan as part of the EIR process.Some of the comments were repetitive of the comments received on the May 2017 Draft.Others surfaced new issues and when appropriate,were incorporated into the Plan to strengthen its function as a tool to improve the environment.These included additional policies to encourage green building standards as well as zero emission vehicle fleets.Technical changes and clarifications,including revisions of certain maps and figures in the document were also made to reflect the revisions. One of the figures that was updated is Figure 3-2,the Proposed Land Use map.The following 3 technical changes were made to the map,which staff has determined to be consistent with the environmental document and to fall within its scope: 1.An existing school site,Sunset Elementary,was mistakenly designated with Commercial Mixed Use. The land use has been revised to Public Facility to reflect the existing school use. 2.The Neighborhood Mixed Use site on the southeast corner of Church and Walnut was expanded to include two small parcels that were not shown correctly in the initial map. 3.The land uses on the Martin Luther King Activity Center magnet core were slightly adjusted to reflect the Plan Amendment,Rezone and Parcel Map applications that were recently approved by the City Council. Comment Letters On the October 2017 Redline Draft Plan.In the days just prior to Planning Commission,5 comment letters were received (see Exhibit L).Two of the letters requested land use changes (J.Roberts and J.Federico),two of them requested text changes to Plan policies (V.Curry and G.Elenes),and one expressed concern with the EIR findings related to schools planning (T. Barth).Planning Commission considered all of the letters and acted on the two land use change requests as noted below. Planning Commission.On October 18,2017,the Planning Commission held a public hearing to consider the Plan and related applications.Thirteen members of the public spoke in support of the Plan and 5 spoke in opposition.Two of those speaking in opposition were supportive of the Plan in general but had land use change requests as noted below.After deliberation,the Planning Commission recommended approval of staff recommendation by a 7-0-0 vote,with approval of the following additional land use and zoning recommendations included in the motion: APN Acreage Land Use Zone District From To From To 1.464-020-37, 35, north half of 36, 34 16.05 Community Commercial Residential Medium Low Density CC Community Commercial RS-4 Residential Single Family 2.464-020-07, 08, 09 13.72 Urban Neighborhood Residential Medium Low Density RM-2 Residential Multi-Family RS-4 Residential Single Family 3.477-060-05, - 06 9.6 Community ParkCommunity Park (no change) O Office Commercial RS-5 Residential Single Family City of Fresno Printed on 3/6/2023Page 9 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: APN Acreage Land Use Zone DistrictFromToFrom To 1.464-020-37, 35, north half of 36, 34 16.05 Community Commercial Residential Medium Low Density CC Community Commercial RS-4 Residential Single Family 2.464-020-07, 08, 09 13.72 Urban Neighborhood Residential Medium Low Density RM-2 Residential Multi-Family RS-4 Residential Single Family 3.477-060-05, - 06 9.6 Community ParkCommunity Park (no change) O Office Commercial RS-5 Residential Single Family Staff verified that these land use changes were within the scope of the Program EIR that was prepared for the Plan and were also consistent with the Housing Element.Analysis has been added to the Housing Element section of this report to provide a description on the effects of these changes to the City’s housing element inventory. Supporting documentation is included in Exhibit J. Airport Land Use Commission.All new land use plans whose geographic area falls within Airport Influence Areas (AIA)must seek a finding of consistency with the Airport Land Use Commission (ALUC).The Fresno Chandler Executive Airport is located just outside of the Plan Area,however its AIA overlaps with the Plan Area.On October 2,2017,the ALUC reviewed the proposed Plan and found it consistent with the Fresno Chandler Executive Airport Land Use Compatibility Plan. General Plan Consistency The Government Code requires consistency between a General Plan and a Specific Plan.Since the Plan contains proposed land uses that are different than those on the General Plan Land Use Map (Figure LU-1)and the Dual Designation Map (LU-2),a general plan amendment is proposed to ensure land use consistency between both plans.In terms of policy,the Southwest Fresno Specific Plan is a refinement of the General Plan that includes principles,objectives and policies that reflect the needs and desires of Southwest Fresno residents and stakeholders.These principles,policies and objectives are found to be consistent with those of the General Plan.Consistency in key policy areas is discussed below. Economic Development Element.This Element sets out an economic strategy,and Objective ED-4 states “Cultivate a skilled,educated,and well-trained workforce by increasing educational attainment and the relevant job still levels in order to appeal to local and non-local business.”The Plan strongly supports this objective by proposing the land use designation and zoning on a site that could accommodate a community college in the Plan Area,as well as with policies that support workforce development. Land Use/Urban Form Element This Element envisions future development of the South Development Area with infill,a Bus Rapid Transit line along California Avenue,and the MLK Activity Center.In addition,it calls for infill development within city limits,and complete neighborhoods.The Plan was created with these elements as the foundation.Urban Form Policy UF-1-a calls for diverse neighborhoods through supporting development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities.Policy UF-1-d calls for a range of housing types, providing for diversity and variation of building types,densities and scales of development in order to reinforce the identity of individual neighborhoods foster a variety of market-based options for living and working to suit a large range of income levels,and further affordable housing opportunities throughout the city.The Plan provides for a range of housing types,including mixed use development,multifamily development and single family development.The plan emphasizes single family development within flexible density ranges to encourage a variety of housing types to suit various income levels. City of Fresno Printed on 3/6/2023Page 10 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: With regard to industrial land use,Objective LU-7 of the Land Use and Urban Form Element of the General Plan states:Plan and support industrial development to support job growth.The Plan’s set of policies targeted at reducing the incompatibility between industrial uses and adjacent residential neighborhoods is considered consistent with this General Plan policy,since reducing industrial incompatibility over time insures the long term sustainability of both the industrial uses (in the proper location)and the residential neighborhoods.In addition,policies in the Plan recommend prioritization of the “Reverse Triangle”just to the east,as an appropriate location for new industrial uses.Finally, the plan includes a provision that when the “Reverse Triangle”is 85%developed,parcels on the east side of Elm Avenue south of North Avenue could be designated for industrial use. Mobility and Transportation Element.This Element envisions a multi-modal transportation system and complete streets.The Plan includes policies and objectives consistent with those in the General Plan.General Plan policies of note include MT-1-j which calls for the prioritization of transportation improvements that are consistent with the character of surrounding neighborhoods and supportive of safe,functional and complete neighborhoods;minimizing negative impacts upon sensitive land uses such as residences,hospitals,schools,natural habitats,open space areas and historic and cultural resources.The Plan streamlines projected roadway improvements to minimize property acquisition in existing neighborhoods.Objective MT-3 calls for the preservation of scenic or aesthetically unique corridors by application of unique policies and regulations.The Plan proposes special overlays on Kearney Boulevard and California Avenue to preserve historic character and pedestrian access. Parks,Open Space and Schools Element.This Element contains standards for acres of parkland per population,and the Plan analyzes parks in the Plan area with these same standards.The Element also contains policies that support urban greening and the goal of a walkable parks system,policies which are also included in the Plan. Healthy Communities Element.This Element calls for addressing the issue of industrial compatibility with existing residential neighborhoods (Policy HC-3g).It also cites the complete neighborhoods model as one that promotes community health.In addition,the Element calls for the prevention of crime through design.The Plan incorporates Crime Prevention Through Environmental Design (CPTED)principles.Finally,the Plan echoes the Element’s policies on increasing healthy food opportunities and furthering youth development. Housing Element.This element includes objectives,policies and programs to provide safe and affordable housing for all segments of the community.Policy H-1-a calls for implementation of land use policies and standards that allow for a range of residential densities and products that will enable households of all types and income levels the opportunity to find suitable ownership or rental housing.The Plan includes land zoned at various density ranges from 1 dwelling unit per acre up to 30 dwelling units per acre.Opportunities for single family housing were emphasized in the Plan because opportunities for this type of housing were considered to be lower in the Plan area than in other areas of the City.This is supported by Policy UF-1-a,Diverse Neighborhoods,which calls for support of development projects that provide Fresno with a diversity of urban and suburban neighborhood opportunities. In addition to General Plan consistency,the Government Code requires that findings be made for any proposed land use changes on housing element sites.Specifically,Section 65863 (b)of the Government Code states that no city shall reduce or permit the reduction of the residential density for any parcel at a lower residential density,unless it can make written findings that both of the followingCity of Fresno Printed on 3/6/2023Page 11 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: any parcel at a lower residential density,unless it can make written findings that both of the following are true: 1.The reduction is consistent with the adopted general plan; and 2.The remaining sites identified in the housing element are adequate to accommodate the jurisdiction’s share of the regional housing need allocation (RHNA). The proposed changes on housing element sites would be consistent with the general plan because the adoption of the Southwest Fresno Specific Plan also includes a general plan amendment to align planned land uses and make them consistent.In addition,the Plan is consistent with General Plan and Housing Element goals, policies and objectives as noted above. Regarding the second point,there are approximately 222 housing element sites in the Southwest Fresno Specific Plan area totaling approximately 864 acres.Of those,land use and zoning changes are proposed on 37 sites totaling 230 acres.Some of these sites gained housing capacity and others lost housing capacity.The net overall change in housing capacity on these sites results in a capacity gain in the 16-30 dwelling units per acre (du/ac)category of 449 units;a net capacity loss in the 12- 16 du/ac category of 3 units,and a net capacity loss in the 0-12 du/ac category of 621 units.In the 12-16 du/ac category,the Housing Element inventory included 2,488 dwelling units of excess capacity beyond the regional housing needs allocation of 3,228 dwelling units.In the 0-12 du/ac category,the Housing Element inventory included 3,500 dwelling units of excess capacity beyond the regional housing needs allocation of 10,116 dwelling units.Since the Housing Element was adopted, there has been no reduction of dwelling units in either of these categories.Therefore,since the remaining sites identified in the Housing Element are adequate to accommodate the City’s RHNA (2013 -2023)there is no net loss of dwelling unit capacity to the city’s regional housing need allocation.Further,the Plan is consistent with the goals,policies and objectives of the Fresno General Plan. As such, the Plan is found to be consistent with the Housing Element. With the land use and zoning changes recommended by the Planning Commission,the dwelling unit capacities calculated above shift somewhat,but are still consistent with the Housing Element.The dwelling unit capacity of the Plan Area with the proposed land use changes included is as follows: ·16-30 du/ac: net loss of 27 dwelling units ·12-16 du/ac: net loss of 3 units ·0-12 du/ac: net loss of 460 units The findings above still apply for the 12-16 du/ac and the 0-12 du/ac categories.For the 16-30 du/ac category,the Housing Element inventory included 6,814 dwelling units of excess capacity beyond the regional housing needs allocation of 8,834 dwelling units.Since the adoption of the Housing Element,there has been a reduction of units in this category of 682 dwelling units,which would leave 6,132 dwelling units of excess capacity.The further reduction of 27 dwelling units would still leave 6,105 dwelling units of excess capacity in this category.Therefore,since the remaining sites identified in the Housing Element are adequate to accommodate the City’s RHNA (2013 -2023)there is no net loss of dwelling unit capacity to the city’s regional housing need allocation.As such,the Plan is found to maintain its consistency with the Housing Element with the above changes incorporated. City of Fresno Printed on 3/6/2023Page 12 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: ENVIRONMENTAL FINDINGS Environmental Impact Report Process The City,as the lead agency under the CEQA determined that a Program Environmental Impact Report (PEIR)was required for the proposed project.The consulting firm of Placeworks,Inc.was prepared the PEIR. The review and certification of the PEIR involves the following procedural steps: Notice of Preparation (NOP):Upon the City’s determination that an EIR was required for this project, a NOP was made available to the general public and responsible trustee agencies to solicit input on issues of concern that should be addressed in the EIR.The initial NOP was issued on February 28, 2017 and included a project description,project location,and a brief overview of the topics to be covered in the PEIR.Comment letters were received from several public agencies and private citizens and were incorporated into the Draft PEIR (DPEIR). Public Scoping Meeting:On March 1,2017 the City held a project scoping meeting to which the Responsible and Trustee agencies as well as interested members of the public were invited,and which had been duly advertised in advance.The meeting was attended by approximately 60 members of the public and was held at the Gaston Middle School Multi-Purpose Room. Notice of Completion (NOC):Upon completion of the DPEIR,the City filed a NOC with the State Clearinghouse, Office of Planning and Research, to begin the public and agency review period. Public Notice/Public Review Concurrent with filing the NOC,the City provided public notice of the availability of the DEIR for public review by posting on the website,publishing in the Fresno Bee, mailing to all commenters,Steering Committee members,and other interested parties and filing with the County Clerk on August 9,2017.Comment was invited from the general public,agencies, organizations,and other interested parties.The length of the public review period was 45 days, (from August 9 through September 25,2017 during which time written comments on the DPEIR were submitted to the City of Fresno. Response to Comments:After the close of the public review period,the City and consultant prepared formal responses to the written comments received.A total of 16 written comments were received from government agencies,non-governmental organizations/private companies,and members of the public regarding the DPEIR.As required by CEQA Guidelines,15088(b),City responses were sent to public agencies that submitted comments.The responses to comments were also made available on the City website 10 days prior to City Council consideration. Final EIR (FEIR):A FEIR was prepared that includes the comment letters and responses to comments and revisions to the DPEIR.The DPEIR consists of one bound volume and a compact disc of the Appendices, which was previously provided to the Planning Commission. Certification of the EIR:The City Council will hold a public hearing to consider the adequacy and completeness of the EIR under CEQA and to certify the EIR and adopt the necessary Findings of Fact and Statement of Overriding Considerations. Mitigation Monitoring and Reporting Program (MMRP):The City Council will also consider adopting a program to implement the EIR’s recommended mitigation measures to mitigate,avoid,orCity of Fresno Printed on 3/6/2023Page 13 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: a program to implement the EIR’s recommended mitigation measures to mitigate,avoid,or substantially lessen the significant impacts of the project.The final Mitigation Monitoring and Reporting Program is included in the FEIR. Environmental Impact Report Analysis and Conclusions Project Objectives Pursuant to the CEQA Guidelines,Section 15124,the EIR must identify the objectives of the project (the “project”means the Southwest Fresno Specific Plan,or “the Plan”).The objectives of this proposed Plan are to: ·Create a healthy community that offers a positive physical,social,natural and economic environment to support the health and wellbeing of all its members; ·Attract high quality new development while protecting existing neighborhoods; ·Provide a mix of high quality housing types,with an emphasis on single-family housing that is compatible with community character and located close to amenities such as parks,schools transit services, shopping and employment; ·Attract needed retail,such as department stores,restaurants,and grocery stores,in order to serve resident needs with fewer, shorter vehicle trips; ·Provide quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (1/2 mile radius) of all residences; ·Increase economic and educational opportunity through programs,services and facilities to prepare,mentor and train Southwest Fresno residents to access high quality employment opportunities; ·Enhance transportation connectivity both with Southwest Fresno and between Southwest Fresno and other Fresno neighborhoods in order to provide more access to economic,social, and educational opportunities; ·Improve the quality of life in Southwest Fresno through high quality investment,compatible land uses,increased park and recreational opportunities and a multi-modal and connected transportation system. Impacts Analyzed The EIR analyzed impacts to the following environmental areas,as these were the areas determined to have potential impacts: Aesthetics (Section 4.1) Agriculture Resources (Section 4.2) Air Quality (Section 4.3) Biological Resources (Section 4.4) Cultural and Tribal Resources (Section 4.5) Geology and Soils (Section 4.6) Greenhouse Gas Emissions (Section 4.7) Hazards and Hazardous Materials (Section 4.8) Hydrology and Water Quality (Section 4.9) Land Use and Planning (Section 4.10) City of Fresno Printed on 3/6/2023Page 14 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: Noise (Section 4.11) Population and Housing (Section 4.12) Public Services and Recreation (Section 4.13) Transportation and Traffic (Section 4.14) Utilities and Service Systems (Section 4.15)Based on the analysis in the Initial Study,forest resources and mineral resources were not analyzed because it was not reasonably foreseeable that the proposed Project would cause significant impact to those areas. The EIR found impacts to the following areas:Aesthetics,Agricultural Resources,Air Quality, Biological Resources,Cultural Resources,Greenhouse Gases,Hazards and Hazardous Materials, Noise,Public Services,and Transportation and Traffic.The EIR includes recommended mitigation measures in these areas (See Mitigation Monitoring and Reporting Program included in the FEIR). The recommended mitigation measures were found to reduce impacts to less than significant in all but the areas listed below: •Aesthetics •Agricultural Resources •Air Quality •Greenhouse Gases •Noise •Traffic Overriding Considerations Pursuant to CEQA requirements,findings of fact and a statement of overriding consideration are required to approve the project,because the project will result in significant unavoidable impacts. Staff recommends that the following overriding considerations be considered in approving the project despite its unavoidable significant impacts:job creation and economic opportunity,creation of tax revenues,improved public health and air quality related to enhanced walking,bicycling,and public transit opportunities,improved safety and security due to enhanced streetscapes and building facades. See Exhibit P for more detail. Comments on DPEIR After the DPEIR was published and noticed for review and comment on August 9,2017,the City received 18 comments which were summarized and addressed in the FEIR.None of these comments contained new information that revealed any potentially new or more significant environmental impacts that could have required recirculation of the DPEIR pursuant to CEQA Guidelines Section 15088.5. FRESNO MUNICIPAL CODE FINDINGS Based upon analysis of the applications,staff concludes that the required findings of Section 15-5812 of the Fresno Municipal Code can be made. These findings are attached as Exhibit M. LOCAL PREFERENCE N/A-No purchasing. City of Fresno Printed on 3/6/2023Page 15 of 16 powered by Legistar™ File #:ID17-1325 Agenda Date:10/26/2017 Agenda #: FISCAL IMPACT N/A - No expenditures. Attachments: Exhibit A -Vicinity Map Exhibit B -Map of Edison Community Plan Area Exhibit C-Map of Existing General Plan Land Use Exhibit D -Plan Amendment A-17-14: Southwest Fresno Specific Plan October 2017 Redline Exhibit E -Plan Amendment A-17-14: Land Use Map Figure 3-2 with Technical Changes Exhibit F-Plan Amendment A-17-15: Figures LU-1 & LU-2 of the General Plan Exhibit G Text Amendment T-17-08 Establishing Overlays Exhibit H Rezone R-17-17 Map - Overlays Exhibit I Rezone R-17-18 Map Exhibit J-Housing Element Analysis Exhibit K -Plan Comment Letters on May 2017 Public Draft Exhibit L -Plan Comment Letters on October 2017 Public Draft Exhibit M -Fresno Municipal Code Findings Exhibit N -Draft Program EIR Exhibit O-Final EIR Exhibit P-Resolution of the Council of the City of Fresno,California,Certifying Environmental Impact Report SCH. No 2017031012 Exhibit 1-Final PEIR Exhibit 2-CEQA Findings of Fact which include: Impacts Mitigated to a Level of Insignificance Significant Unavoidable Impacts Feasibility of Project Alternatives Statement of Overriding Considerations Exhibit Q-Resolution Approving Plan Amendment Application No. A-17-13 Exhibit R-Resolution Approving Plan Amendment Application No. A-17-14 Exhibit S-Resolution Approving Plan Amendment Application No. A-17-15 Exhibit T-Ordinance Bill Approving Text Amendment TA-17-08 Exhibit U-Ordinance Bill Approving Rezone Application No. R-17-17 Exhibit V-Ordinance Bill Approving Rezone Application No. R-17-18 Exhibit W-Resolution Authorizing the DARM Director to Update Text… Exhibit X-Planning Commission Resolutions Exhibit Y-Powerpoint Presentation City of Fresno Printed on 3/6/2023Page 16 of 16 powered by Legistar™ Exhibit A Vicinity Map Whites Bridge MapleBrawleyHerndon Bullard Shaw ClovisFowlerTemperanceWestPalmClovisFowlerTemperanceShields McKinley Belmont ChestnutPeachAmerican CedarGrantlandHayesElmEastMarksWestWalnutCorneliaNorth California Jensen Ashlan GrantlandHayesCorneliaBrawleyMarksShaw Bullar d Herndon Nees Shields McKinley Belmont California Jensen North Kings Canyon AshlanPeachBehymer Copper Shepherd NeesBlackstoneFirstCedarChestnutGarfieldBryanPolkBlytheValentineVan NessFruitMaroaFresnoMillbrookMapleWillowDakota Clinton Olive Gettysburg Barstow Sierra Alluvial Nielsen Kearney Muscat Annadale Church WillowMinnewawaMalaga OrangeBryanSunnysideArmstrongFigCherryHughesFruitPolkValentineBlytheAlluvial Sierra Barstow Perrin SunnysideArmstrongClinton Olive Tulare Butler Church Annadale DakotaMinnewawaInternational Teague CaliforniaStateUniversityFresno FresnoInternationalAirport Fresno-Clovis Regional WastewaterReclamation Facility ·|}þ ·|}þ ·|}þ ·|}þ ·|}þ ·|}þ ·|}þ 99 41 180 168 180 41 99 Date: 9/20/2017 LEGEND Sou thwest Fresno Specific Plan Area City Limits *Develo pment Co de applies to prop erty upon an nexation to the city. City of Fresno Project Location Map Southwest Fresno Specific Plan ®Development and Resource Management Department Exhibit B Plan Amendment A-17-13 Map of the Edison Community Plan Area BrawleyElmEastMarksWestWalnutNorth California Jensen Kearney Muscat Annadale Church OrangeFigCherryHughesFruitValentineBlythe!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ·|}þ ·|}þ ·|}þ ·|}þ ·|}þ 180 99 41 99 41 Date: 9/29/2017 LEGEND Edi son Commu nity Plan Are a (1 0,01 9 Acres) City L imit s !!Sph ere of In fl uen ce Ediso n Com munit y P lan A rea ®Developmen t and R eso urce Mana gement Depa rtment Disclaimer: This map is believed to be an a ccu rate represe ntationof the City o f Fresn o GIS data, however we ma ke nowarranties either expressed o r implied for c orrec tn essof this data. 0 1 20.5 MilesSource: City of Fre sno De velop me nt a nd Reso urce Mana gemen t Long Ra nge Plan ning Division. Exhibit C Map of Existing General Plan Land Use !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVECALAVERASSTKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST DIVISADERO ST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEBERANWAYVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITES BRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVEBP BP BP BPBP BP BP BPBP BP C C CMX CMX O H&A PB PB PB PB PB PB PB NP NP NP NP P CP RP A E E E E M M M RUN RUN RUN RM R CPF CP 99 180 41 Existing Land Use in the So uthw est Fresno Spec ific Plan A rea ®Development and Resource Management Department Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles Date: 10/13/2017 BOUNDARIES Southwest Fresno Specific Plan Boundary !!Fresno Sphere of Influence Legend RESID ENTIAL Low Density (1-3.5 D.U./acre) Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Medium High Density (12-16 D.U./acre) Urban Neighborhood (16-30 D.U./acre) High D ensity (30-45 D.U./acre) RUN COMMERCIAL Community General Highway & Auto C EMPLOYMENT Office Business Park Light Industrial Heavy Industrial BP O OPEN SPACE Community Park Neighborhood Park Park Ponding Basin Ponding Basin (Park use) Regional Park NP PB/P RP P CP PB PUBLIC FACILITIES Public/Quasi-public Facility Elementary School Middle School Airport Church Hospital Neighborhood Center PG & E Substation Water Recharge Basin E M CH A Exhibit D Plan Amendment A-17-14 Southwest Fresno Specific Plan October 2017 Redline SOUTHWEST FRESNO SPECIFIC PLAN REDLINE DRAFT • OCTOBER 2017 CITY OF FRESNO SOUTHWEST FRESNO SPECIFIC PLAN REDLINE DRAFT • OCTOBER 2017 Alternate formats of this document will be provided by the City upon request. To request alternate formats contact Shannon M. Mulhall, Certified Americans with Disabilities Act Coordinator at (559) 621-8716. The redlines in this document represent the following revisions to the Public Review Draft Southwest Fresno Specific Plan (Draft Plan): ■Revisions to the Draft Plan voted on by the Steering Committee in response to public comments received during the public comment period from May 17 to June 16, 2017; ■Revisions to the Draft Plan recommended by City staff in response to comments on the Environmental Impact Report (EIR) received during the Draft EIR comment period from August 9 to September 25, 2017; and ■Technical revisions to the Draft Plan in response to other public comments received on the Draft Plan during the Draft Plan’s public comment period, to improve clarity, update outdated information, and correct typographical errors. Deleted text from the Draft Plan is shown in strikethrough and new text is shown in double-underline. SOUTHWEST FRESNO SPECIFIC PLAN CITY OF FRESNO ACKNOWLEDGEMENTS CITY COUNCIL Oliver L. Baines III Steve Brandau Garry Bredefeld Paul Caprioglio Luis Chavez Clint Olivier Esmeralda Soria PLANNING COMMISSION Chairperson Serop Torossian Vice Chair Rojelio Vasquez Cary Catalano Kathy Bray Lawrence Garcia Jaime Holt Randy Reed Tate Hill Michaelynn Lewis Maria Lizaldo Donna Middleton Eric Payne John PestorichJoey Campbell Jeffrey Roberts Leoncio Vasquez Santos Ashley Werner Sharon Williams Peng Yang STEERING COMMITTEE Thomas W. Beggs Alex Belanger Jane Carretero Shaneece Childress Esther Cuevas Mary Curry Debbie Darden Juan Esquivel Marta Frausto Sylvesta M. Hall Marina Harutyunyan CITY MANAGEMENT Jennifer Clark, Development and Resource Management Director Gregory Barfield, Chief of Staff of Oliver L. Baines III - District 3 Raymond Eddy, Chief of Staff of Oliver L. Baines III - District 3 PROJECT STAFF Sophia Pagoulatos, Project Manager Talia Kolluri, SupervisingSenior Deputy City Attorney Drew Wilson, Planner Michelle Zumwalt, Architect Amber Piona, Planner Michael Andrade, GIS Specialist Lachea Deamicis, GIS Specialist CONSULTANT TEAM Bruce Brubaker, PlaceWorks Janet Chang, PlaceWorks Rosemary Dudley, PlaceWorks Steve Gunnells, PlaceWorks Mark Hoffman, PlaceWorks Peter Quintanilla, PlaceWorks Steve Rasmussen Cancian, Shared Spaces Lucio Avila, Centro La Familia Margarita Rocha, Centro La Familia Robert Mitchell, Resident Fred Choa, Fehr & Peers Jimmy Fong, Fehr & Peers Robert Hananouchi, Fehr & Peers Henry Delcore, Pop-Up Design & Development Marci Lopez, Pop-Up Design & Development Kiel Schmidt, Pop-Up Design & Development William Cardinal, Blair, Church & Flynn Jon Palsgaard, Blair, Church & Flynn Cordie Qualle, Blair, Church & Flynn Debra McKenzie Raj K. Sodhi-Layne Peter Vang Southwest Fresno Specific Plan | Table of Contents TABLE OF CONTENTS 1. PLAN INTRODUCTION 1-1 A. Plan Area and Boundaries 1-2 B. Why Plan Southwest Fresno? 1-6 C. Community Environmental Health 1-9 D. Southwest Fresno Specific Plan Community Engagement 1-17 E. Plan Structure and Content 1-19 2. VISION 2-1 A. Introduction 2-1 B. Guiding Principles 2-2 C. Specific Plan Land Use Vision 2-5 3. LAND USE 3-1 A. Introduction 3-1 B. Southwest Fresno Specific Plan Land Uses 3-2 C. Development Capacity Analysis 3-12 D. Goals and Policies 3-14 4. DEVELOPMENT REGULATIONS 4-1 A. Introduction 4-1 B. Use Regulations 4-2 C. Kearney Boulevard Historic Corridor Overlay 4-5 D. California Avenue Mixed-Use Corridor Overlay 4-9 E. Objectives for Special Corridors, Magnet Cores, and Complete Neighborhoods 4-10 F. Crime Prevention through Environmental Design 4-13 5. TRANSPORTATION 5-1 A. Introduction 5-1 B. Transportation Improvements 5-2 C. Complete Streets Design Guidelines 5-17 D. Goals and Policies 5-27 Note: The Table of Contents and Lists of Tables and Figures have been updated accordingly to show any updated page references in the Redline Draft. 6. PUBLIC FACILITIES 6-1 A. Introduction 6-1 B. Parks and Open Space 6-1 C. Education 6-8 D. Other Public Facilities 6-10 E. Goals and Policies 6-11 7. UTILITIES 7-1 A. Introduction 7-1 B. Wet Utilities Needs Analysis and Improvements 7-3 C. Dry Utilities Needs Analysis and Improvements 7-14 D. Communications 7-14 E. Goals and Policies 7-15 8. IMPLEMENTATION 8-1 A. Introduction 8-1 B. General Implementation Strategy 8-2 C. Funding and Financing Tools 8-3 D. Economic Development Strategies 8-10 E. Implementation Action Plan 8-17 GLOSSARY Southwest Fresno Specific Plan | Table of Contents LIST OF FIGURES FIGURE 1-1 Regional Location Map 1-3 FIGURE 1-2 Plan Area Map 1-4 FIGURE 1-3 Context Map 1-5 FIGURE 1-4 Healthy Community Framework 1-11 FIGURE 2-1 Conceptual Vision for Southwest Fresno 2-6 FIGURE 2-2 Conceptual Diagram of Development within a Complete Neighborhood 2-7 FIGURE 2-3 Conceptual Diagram of Development along a Corridor 2-8 FIGURE 2-4 Conceptual Diagram of Development around a Magnet Core 2-11 FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI (Figure Replaced) 3-3 FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI (Revised Figure) 3-4 FIGURE 3-2 Land Use Map for Plan Area (Figure Replaced) 3-5 FIGURE 3-2 Land Use Map for Plan Area (Revised Figure) 3-6 FIGURE 3-3 Dual Land Use Designation Map for Plan Area 3-7 FIGURE 3-4 Opportunity Sites in the Plan Area and Existing Development 3-13 FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes (Figure Replaced) 4-7 FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes (Revised Figure) 4-8 FIGURE 5-1 Existing and Planned Sidewalk Network 5-3 FIGURE 5-2 Existing and Planned Bicycle and Trail Network 5-5 FIGURE 5-3 North Avenue Long-term Alternative Cross Section: Class II Buffered Bike Lanes 5-6 FIGURE 5-4 Existing and Potential Transit Routes 5-7 FIGURE 5-5 Existing and Planned Number of Roadway Lanes 5-9 FIGURE 5-5 Existing and Planned Number of Roadway Lanes 5-10 FIGURE 5-6 Existing, Planned, and Recommended Truck Routes 5-14 FIGURE 5-6 Existing, Planned, and Recommended Truck Routes 5-15 FIGURE 5-7 Building Frontage, Throughway, and Curb AreasZones on a Sidewalk 5-18 FIGURE 5-8 High-visibility Crosswalk Types 5-19 FIGURE 5-9 Bike Lockers 5-26 FIGURE 5-10 Bike Corral 5-26 FIGURE 5-11 Bike Rack Spacing 5-26 FIGURE 6-1 Residential Areas Served by Existing and New Parks 6-5 FIGURE 6-2 Schools and School Districts 6-9 FIGURE 7-1 Proposed Water Improvements 7-4 FIGURE 7-2 Proposed Wastewater Improvements 7-7 FIGURE 7-3 Proposed Recycled Water Improvements (Figure Replaced) 7-9 FIGURE 7-3 Proposed Recycled Water Improvements (Revised Figure) 7-10 FIGURE 7-4 Proposed Stormwater Improvements (Figure Replaced) 7-11 FIGURE 7-4 Proposed Stormwater Improvements (Revised Figure) 7-12 FIGURE 8-1 Implementation Priorities Overlaid on Land Use Map for Plan Area (New Figure) 8-19 LIST OF TABLES TABLE 1-1 Health Profile of Southwest Fresno: Current Health Conditions of Adults 1-10 TABLE 1-2 Health Profile of Southwest Fresno: Current Health Conditions of Children 1-10 TABLE 1-3 Health Profile of Southwest Fresno: Risk Factors 1-10 TABLE 3-1 Development Capacities for the Plan Area 3-12 TABLE 4-1 Office Restricted (O-No Auto) Use Regulations in the Specific Plan vs. Base Zoning 4-4 TABLE 5-1 Summary of Changes in Number of Lanes from Fresno GP MEIR 5-12 TABLE 6-1 Existing Parkland Inventory Counted Toward the General Plan’s 3 Acres per 1,000 Residents Standard 6-3 TABLE 6-2 Essential and Recommended Park Amenities 6-7 TABLE 7-1 Total Acreage by Land Use Classification for General Plan (GP) and Specific Plan (SP) 7-2 TABLE 7-2 Comparison of General Plan (GP) and Specific Plan (SP) Anticipated Water Usage per Land Use Classification 7-5 TABLE 7-3 Comparison of General Plan (GP) and Specific Plan (SP) Anticipated Wastewater Usage per Land Use Classification 7-8 TABLE 7-4 Comparison of Existing and Required Drainage System Capacity by Drainage AreaBasin Volumes for General Plan (GP) and Specific Plan (SP) 7-13 TABLE 8-1 Estimated Wet Infrastructure Costs 8-3 TABLE 8-2 Implementation Action Plan Matrix: Priority Measures 8-20 TABLE 8-32 Implementation Action Plan Matrix: Community Resources 8-21 TABLE 8-43 Implementation Action Plan Matrix: Economic Development 8-22 TABLE 8-5 Implementation Action Plan Matrix: Land Use 8-23 TABLE 8-64 Implementation Action Plan Matrix: Infrastructure 8-25 TABLE 8-75 Implementation Action Plan Matrix: Mobility 8-26 TABLE 8-86 Implementation Action Plan Matrix: Parks and Urban Greening 8-30 1-1Chapter 1 | Plan Introduction PLAN INTRODUCTION The Southwest Fresno Specific Plan (the Plan) marks a historic milestone for the Southwest Fresno community. Southwest Fresno has a rich history and culture and many residents have deep ties to their community and are proud to call Southwest Fresno their home. With ample land available for development and a prime location next to Fresno’s downtown, Southwest Fresno has great potential. For many years, however, Southwest Fresno has been overlooked as a neighborhood suitable for high quality development. The residents have long advocated for equitable consideration in citywide development and the implementation of improve- ments that will preserve the community’s assets as well as enhance the community’s image and quality. The community’s determination and pas- sion have fueled incremental changes and previous planning efforts, which have ultimately led to this critical specific planning process. The Plan acts as a key step for putting into motion positive change for the community, guiding future public and private development to transform Southwest Fresno into a vibrant, attractive, and valuable area. The purpose of a Specific Plan is to develop policies, programs, regulations, and guidelines to implement the jurisdiction’s adopted General Plan. A Specific Plan effectively establishes a link between implementing policies of the General Plan and the individual development proposals in a defined area. The Plan implements the goals and policies set forth in the City of Fresno General Plan (General Plan) by building upon its concepts for the Southwest Development Area. The Plan also includes ideas and measures that have been extensively tailored and reviewed by the Southwest Fresno community and stakeholders. The Plan provides guiding principles, policies, develop- ment criteria, and implementation strategies 1 to coordinate private development and public improvements given the unique opportunities and characteristics of this important part of the city of Fresno. 1-2 Southwest Fresno Specific Plan A. PLAN AREA AND BOUNDARIES The area addressed by the Plan lies within the southwestern most part of the city of Fresno, within Fresno County (see Figure 1-1). The Specific Plan Area (Plan Area) is bounded by Highway 180 in the north and by Highway 41 in the east. It does not include the Downtown Neighborhoods Community Plan Area, nor does it include the land currently in Fresno County that is considered within the Sphere of Influence (SOI) of the General Plan (see Figure 1-2). The county land in the SOI is anticipated to become part of the city of Fresno in the future. The following maps and graphics show and consider the SOI as a matter of good planning, but the scope of the project, including the Environmental Impact Report (EIR), will focus on the Plan Area only. However, as shown in Figure 1-2, there is one area in the SOI that is part of the Plan Area: the Martin Luther King Junior Boulevard (MLK) Activity Center. The MLK Activity Center was identified in the Fresno General Plan as a higher density neighborhood district that would serve the Southwest Development Area, established neighborhoods in Southwest Fresno, and areas beyond Southwest Fresno and the city. Although the MLK Activity Center is currently located on SOI land, it was included into the Plan Area because of its proximity to the Plan Area and its role in provid- ing retail and services to the Southwest Fresno community. Other plan areas are located within the larger Plan Area (see Figure 1-3), including: ■The Highway 41 + North Corridor Complete Streets Plan, in which the plan area is bounded by Elm Avenue, Martin Luther King Jr. Boulevard/ Fig Avenue, Annadale Avenue, Roy Avenue, and Clara Avenue. ■A future planning process for the Elm Avenue Areawide Brownfields Plan falls primarily within the Plan Area. Fresno Chandler Executive Airport located just outside of the Plan Area along Whites Bridge Avenue. Downtown Fresno seen from the Plan Area. Undeveloped land make up a large amount of the Plan Area and SOI. 1-3Chapter 1 | Plan Introduction FRESNO CLOVIS SANGER PARLIER REEDLEY ORANGE COVE FOWLER SELMA SIERRANATIONALFOREST PINE FLAT LAKE MILLERTON LAKE MADERA COUNTY TULARECOUNTY 41 41 168 41 99 41 99 180 99 43 168 180 180 180 145 KERMAN FRESNO-CLOVISREGIONALWASTEWATERRECLAMATIONFACILITY 01.5mi 1.5mi FIGURE 1-1 Regional Location Map Southwest Fresno Specific Plan Area City Limit Fresno County Source: City of Fresno FIGURE 1-1 Regional Location Map FRESNO CLOVIS SANGER PARLIER REEDLEY ORANGE COVE FOWLER SELMA SIERRA NATIONAL FOREST PINE FLAT LAKE MILLERTON LAKE MADERA COUNTY TULARE COUNTY 41 41 168 41 99 41 99 180 99 43 168 180 180 180 145 KERMAN FRESNO-CLOVISREGIONALWASTEWATERRECLAMATIONFACILITY 01.5mi 1.5mi FIGURE 1-1 Regional Location Map Southwest Fresno Specific Plan Area City Limit Fresno County Source: City of Fresno 1-4 Southwest Fresno Specific PlanWEST AVETULARE STG S T PLUMAS STPICKFORD AVECALIFORNIA AVECRYSTAL AVECA LIFORN I ACTDIVISADERO ST TEILMAN AVEMARKS AVEM ERCED STVAGEDESAVER S T LO S ANG ELES STNICHOLAS AVEC S T ATCHISON ST M O N TEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTANISLAUS STOLEANDER AVE WOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR AIL R OA D A V E ARTHUR AVEMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STKEARNEY BLVD NIELSEN AVE BLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEH S T BLOSSER AVEAMADOR ST E S T WA T E R M A N A V E MA Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O NO STSAN TACLARASTHABI TATAVE STROTHER AVE G EORGEAVEIVY AVEO S T ILA AVEFAIRVIEW AVECALWA AVE B S T LORENA AVE BURNS AVE KNIGHT AVEC H U R C H R D DUNN AVEARTHUR AVEBELGRAV IA AV E DELNOAVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A LL DAN RONQU IL LO DRTUPMAN STCAPITO L STT S T E LEMON AVE ONE IL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T HAW ESAVE WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEMYERS AVE GEARY ST VALENCIA AVE WAYTE LNEDEN AVE BYRD AVE KAVILAND AVE GROVE AVE CHURCH AVE GARRETT AVE NAPA AVE FLOR ENCE AVE LOTUS AVEVALENTINE AVET E ILMANCIRFARRIS AVEFERGER/PALM ALYEDGAR AVEPLEASANT AVEMADISON AVE VINE AVE DOROTHY AVE AIRPORT RD LAFAYETTE AVEG O L D E N S T A T E B L V D SAMSON AVEWALNUT AVEFRUIT AVEV A N N E S S A V E HUGHES AVETRINITY STTHORNE AVEMODOC STCH A N N I N G WAYF U LT ON S T BARDELL STFRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVELA S IERR A DR P S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D Y DRPALM AVECOLLEGE/VANNESSALYKIRK STSARAH STGLENN/SAN PABLO ALYNORTH AVE ANNADALE AVE ALMY AVE ROY AVE B R O A DW A Y STEPHENS AVERO ED ING D R 41 41 180 99 99 00.25mi 0.25mi FIGURE 1-2 Plan Area Map Sphere of Influence City Limit Plan Area Source: City of FresnoMARKS AVEJENSE N AVE CHURCH AV E M ADISON AVE KEARNE Y BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEVALENTINE AVEANNADALE AV E NORTH AV E MARKS AVECALIFORNI A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVEFIGURE 1-2 Plan Area Map WEST AVETULARE STG S T PLUMAS STPICKFORD AVECALIFORNIA AV ECRYSTAL AVECA LIFORN I ACTDIVISADERO ST TEILMAN AVEMARKS AVEM ERCED STVAGEDESAVER ST LO S AN G ELES STNICHOLAS AVEC S T ATCHISON ST M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STOLEANDER AVE WOODWARD AVE M STCALAVERASSTBROADWA Y P L Z VEN TURASTR A IL R O A D A V E ARTHUR AVEMARIPOSA STSANTA FE AVE PARKWAYDR ROOSEVELT AVEANNA STKEARNEY BLVD NIELSEN AVE BLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVEGRANT AVE HOLLY AVECLARA AVEWOO DWARD AVELEAD AVELILY AVEH ST BLOSSER AVEAMADOR ST E S T WA T E R MA N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STINYO STM O N O STSANTACLARASTHABI TATAVE STROTHER AVE G EORGEAVEIVY AVEO ST ILA AVEFAIRVIEW AVECALWA AVE B S T LORENA AVE BURNS AVE KNIGHT AVEC H U R C H R D DUNN AVEARTHUR AVEBELGRAV IA AV E DELNOAVEFRUIT AVEEL DORADO STCHERRY AVEPACIFIC AVEFULTON MA L L DAN RONQU IL LO DRTUPMAN STCAPITO L STT ST E LEM ON AVE ONE IL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OME R U N A L Y L ST C OLLI N S A V E S ST A / B A L Y F A G A N A L Y Q ST HAW ES AVE WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEMYERS AVE GEARY ST VALEN CIA AVE WAYTE LNEDEN AVE BYRD AV E KAVILAND AVE GROVE AV E CHURCH AV E GARRETT AVE NAPA AVE F LOR ENCE AVE LOTUS AVEVALENTINE AVET E ILMANCIRFARRIS AVEFERGER/PALM ALYEDGAR AVEPLEASANT AVEMADISON AVE V INE AVE DOROTHY AVE AIRPORT RD LAFAYETTE AVEG O L D E N S T A T E B L V D SAMSON AVEWALNUT AVEFRUIT AVEVAN NESS AVE HUGHES AVETRINITY STTHORNE AVEMODOC STCH A N N I N G WAYFULTON ST BARDELL STFRESNO ST P OT T L E A V EECHO AVEM A R TI N A V E MAUD AVELA S IERR A DR P STN ST CH A N DLER A VE LEE AVEROSE AVEMADDYDRPALM AVECOLLEGE/VANNESSALYKIRK STSARAH STGLENN/SAN PABLO ALYNORTH AVE ANNADALE AVE ALMY AVE ROY AVE BROADWAY STEPHENS AVERO ED ING D R 41 41 180 99 99 00.25mi 0.25mi FIGURE 1-2 Plan Area Map Sphere of Influence City Limit Plan Area Source: City of FresnoMARKS AVEJE N SE N AV E CHURCH AV E MAD I SO N AV E KE A RNE Y B LVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEVALENTINE AVEANNADALE AV E NORTH AV E MARKS AVECA LIFO RN I A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVE 1-5Chapter 1 | Plan Introduction 41 41 168 41 99 41 99 180 99 43 168 180 180 CSU Fresno Fresno YosemiteInternational Airport FresnoChaffeeZoo FresnoChandlerExecutive Airport DOWNTOWN NEIGHBORHOODS COMMUNITY PLAN FULTON CORRIDOR SPECIFIC PLAN SOUTHWEST FRESNO SPECIFIC PLAN ELM AVENUE AREAWIDE BROWNFIELDS PLAN HWY 41 + NORTH CORRIDOR COMPLETE STREETS PLAN 00.25mi 0.25mi City Limit Fulton Corridor Specific Plan Area Elm Avenue Areawide Brownfields Plan Area Highway 41 + North Corridor Complete Streets Plan AreaDowntown Neighborhoods Community Plan Area Southwest Fresno Specific Plan Area FIGURE 1-3 Context Map Source: City of Fresno FIGURE 1-3 Context Map 41 41 168 41 99 41 99 180 99 43 168 180 180 CSUFresno Fresno Yosemite International Airport Fresno ChaffeeZoo FresnoChandlerExecutive Airport DOWNTOWN NEIGHBORHOODS COMMUNITY PLAN FULTON CORRIDOR SPECIFIC PLAN SOUTHWEST FRESNO SPECIFIC PLAN ELM AVENUE AREAWIDE BROWNFIELDS PLAN HWY 41 + NORTH CORRIDOR COMPLETE STREETS PLAN 00.25mi 0.25mi City Limit Fulton Corridor Specific Plan Area Elm Avenue Areawide Brownfields Plan Area Highway 41 + North Corridor Complete Streets Plan AreaDowntown Neighborhoods Community Plan Area Southwest Fresno Specific Plan Area FIGURE 1-3 Context Map Source: City of Fresno 1-6 Southwest Fresno Specific Plan B. WHY PLAN SOUTHWEST FRESNO? Although Southwest Fresno is an area with strong community identity and character, it is one of the highest poverty and most environmentally-at-risk areas in California. It ranks poorly statewide for communities that are disproportionately burdened by multiple sources of pollution, such as air pollution, toxic sites, former landfills, and other environmental pollutants, and with population characteristics that make them more sensitive to pollution.1 Many of these issues are related to the disinvestment that the west part of Fresno has suffered from since the early 1900s. Histori- cally, racially discriminatory policies segregated ethnic communities to this part of Fresno. Quality development in Southwest Fresno and some other parts of Fresno was discouraged through redlining. Redlining describes the process by which financial institutions classified neighborhoods into categories from most to least desirable, with red colored areas indicating the areas that were least desirable.2 As a result, west Fresno had difficulties attracting quality development, and instead, became a magnet for siting heavy industrial facilities and low-cost housing. Initially agricultural land, Southwest Fresno has gradually transitioned with more residential, indus- trial, and commercial uses sprinkled throughout. Today, Southwest Fresno is made up of a patchwork of land uses that abut each other, including subdivisions, industry, and farmland. For example, many pockets of residential land uses are adjacent to vacant land, agriculture, and/or industrial uses. As a result, incompatible land uses are located near one another, including noise or odor-producing industrial facilities, land with hazardous materials, as well as along truck routes. The area within the City’s SOI contains a significant amount of vacant land that is residentially designated, but the area has not yet exhibited much market demand to develop suburban neighborhoods with desired commercial and retail services. 1 CalEnviroScreen Version 3.0, Office of Environmental Health Hazard Assessment, California Environmental Protection Agency. 2 Diana Aguilera, “Rare Maps Reveal Fresno’s Overlooked History of Segregation,” Valley Public Radio News, October 27, 2015, http://kvpr.org/post/rare-maps-reveal-fresnos-overlooked-history- segregation#stream/0 (accessed April 13, 2017). Industrial businesses are located in close proximity to residential neighborhoods. Southwest Fresno’s housing stock is predominantly single-family. Much of Southwest Fresno is used for agricultural purposes. 1-7Chapter 1 | Plan Introduction OTHER PLANNING EFFORTS This Plan serves as the first major planning effort and environmental review to focus on major issues such as land use planning, development and design, parks and open space, transportation, and utilities for the Southwest Fresno area. However, Southwest Fresno residents and stakeholders have expressed a long-time interest in improving the conditions of Southwest Fresno. Many previous planning efforts and programs have helped set the stage for the initiation of the Plan as described. Planning-related Documents Adopted by the City ■Southwest Fresno General Neighborhood Renewal Area Redevelopment Plan (1969). The Southwest Fresno General Neighborhood Renewal Area Redevelopment Plan (GNRA) was adopted in 1969 and amended several times, most recently in 2010. The GNRA project area partially overlaps the Plan Area, including the areas located between the Fresno Chandler Executive Airport and Church Avenue as well as the Elm and North Avenue corridors. The purpose of the GNRA is to eliminate blight, improve economic conditions, and ensure development potential and growth within the project area. ■Edison Community Plan (1977). The Edison Community Plan was adopted by the Fresno City Council in 1977. The plan primarily focuses on the underutilized portion of the planning area, which is generally located to the west of Golden State Boulevard and south of West Belmont Avenue, and bounded on the north and east by large industrial concentrations and on the south and west by agricultural areas. Historically, Southwest Fresno suffered from racially discriminatory deed restrictions, which were also practiced outside the Southwest Fresno. Given its age, the Edison Community Plan may not seem as relevant. Surprisingly, some conditions in the area have not changed. Over the years, the ethnic composition has varied. Given the discrepancies between physical conditions and socio-economic development in the area, the Edison Community Plan aimed to stimulate the long-term balanced growth of the community based on three objectives related to public facilities improvements, housing, and economic and employment development. Key areas for change include the intersection of California Avenue and Fresno Street/Walnut Avenue for a new community center area and expanded local commercial services; Elm Avenue for land use, aesthetic, and economic improvements; and the northern section of Fresno Street from the proposed community center for centralized office and professional services. Other areas recommended for change identified in the plan’s elements include the intersection of B Street and Ventura Avenue for senior facilities and the intersection of B and Stanislaus Streets for more commercial services. ■Fresno General Plan (2014). The Fresno General Plan, adopted in 2014, establishes a vision for the city and creates a set of policies and implementation actions to achieve the community’s vision. The Plan Area is identified as “Development Area 1-South (DA-1 South)” and only includes land within the city’s limits, with the exception of the SOI land defined as the MLK Activity Center. DA-1 South is adjacent to established neighborhoods such as the Downtown Planning Area to the north, the South Industrial Area to the east, and adjacent to Development Area 1-West (DA-1 West) to the north. The SOI adjacent to the Plan Area is called “Growth Area 1.” The General Plan envisions “complete neighborhoods,” which are neighborhoods that connect housing, jobs, retail, recreation, and services, replacing the current hodgepodge of industrial, agricultural, and residential land-use patterns with neighborhood-scale development. An example of a complete neighborhood envisioned by the General Plan is located along the future California Avenue Bus Rapid Transit (BRT) corridor, anchored by a regional shopping center and community park between Church and Jensen Avenues along Martin Luther King Jr. Boulevard. In addition to the emphasis on complete neighborhoods, the City of Fresno has worked with the Building Healthy 1-8 Southwest Fresno Specific Plan Communities (BHC) campaign, which is led by the California Endowment and strives to provide disadvantaged communities with equitable access to resources that improve health. To support healthy community initiatives, the General Plan provides land use and urban design policies to increase access to physical exercise and fresh food. ■Citywide Development Code Update (2015). The City recently updated the Citywide Development Code, which addresses development in all areas of the city and serves as a vehicle that helps implement the goals, objectives, and policies of the General Plan and other operative plans. It functions as a precise guide for the physical development of the City that is in concert with the arrangement of land uses identified in the General Plan. The Citywide Development Code provides direction on eleven types of districts: Buffer District, Residential Single-Family Districts, Residential Multi-Family Districts, Mixed-Use Districts, Commercial Districts, Employment Districts, Public and Semi-Public Districts, Planned Development District, Bluff Protection Overlay District, and Expressway Area Overlay District. The Plan references the Citywide Development Code for its development regulations and design guidelines for the Plan Area. Other Plans and Programs While the plans and programs described below are not adopted land use plans, they reflect the desires of the Southwest Fresno community. ■West Fresno Community Vision Plan (2003). The West Fresno Community Vision Plan was prepared bythe Local Government Commission and Fresno West Coalition for Economic Development (FWCED), which included a charrette to develop the plan. About 300 people participated in the charrette to create a shared vision for an improved quality of life in West Fresno, including ideas about a more walkable, livable, and economically viable community. The plan includes village centers with mixed uses, infill of vacant lots, blight remediation, and traffic calming. ■California Avenue Neighborhood Plan (2003). The California Avenue Neighborhood Plan was prepared by the Fresno Housing Authority and builds upon the 2003 West Fresno Community Vision Plan, focusing on future growth, development, and investment in West Fresno, particularly around California and Walnut Avenues. The plan’s implementation recommendations are grouped into four categories: continuing community engagement, private development, public agency development, and public investment. The plan provides design guidelines for developers and recommends specific land use changes, such as introducing mixed use and higher density along California Avenue, green buffers between residential and industrial uses, and the designation of an activity center. The plan identifies four catalyst projects that would transform the neighborhood and bring private development to the area. The plan recommends specific street, streetscape, pedestrian, and bicycle improvements, as well as recreational and public facility improvements. ■West Fresno Asset Map Project (2009). In 2009, the City of Fresno, West Fresno Coalition for Economic Development and the California Endowment worked together to assess West Fresno’s assets and create a five-year plan of action. At the end of the process, a list of 20 actions were identified, which included fast- tracking and coordinating new development, balancing affordable and market rate housing development, and increasing mixed-use, infill development, particularly on abandoned properties; attracting businesses to the area and building relationships with the existing business community; improving financial literacy and promoting higher education/ training for residents; increasing funding for area schools and developing a new middle school; coordinating and promoting social and faith-based services to share resources and avoid duplication; developing a health clinic; and hosting events that promote the area’s cultural diversity. Actions completed thus far include construction of Gaston Middle School and construction of a new health care facility (Clinic Sierra Vista). 1-9Chapter 1 | Plan Introduction ■Action and Change (2013). Action and Change/ Acción y Cambio is a resident leadership group for Southwest Fresno that works to identify the top-most community priorities and conducts surveys to assess the existing status of these priorities, such as neighborhood safety and economic success for residents. ■Highway 41 + North Corridor Complete Streets Plan (2015). The City recently completed a Complete Streets Plan within the Plan Area. The effort involves improving the infrastructure in the Highway 41 and North Corridor area and addressing current conflicts between truck traffic and the area’s neighborhoods. It identifies opportunities for pedestrian, bicycle, and open space amenities. The land use and circulation recommendations from the plan are integrated into the Southwest Fresno Specific Plan. Future Planning Efforts ■Environmental Protection Agency (EPA) Brownfields Elm Avenue Areawide Plan. The City is commencing a planning process for Elm Avenue, which falls primarily within the Plan Area, to address three brownfield sites which can serve as catalysts for redevelopment. ■Industrial Land Use Compatibility Study. This assessment will address concerns about incompatible industrial and heavy commercial land uses and zoning, particularly in south Fresno neighborhoods, and their negative health and environmental impacts on the community. The goals of the project include identifying incompatible land uses and zoning with nearby residential land uses, making recommendations for rezoning and facilities which should be phased out or relocated, discussing appropriate locations for these uses, and identifying feasible mitigation measures and greening opportunities to reduce their negative impacts. The Industrial Land Use Compatibility Study has been directed to be completed within a year of the adoption of the Plan’s land use map (see Chapter 3, Land Use, Section D, Policy LU-8.5). C. COMMUNITY ENVIRONMENTAL HEALTH This section describes the existing conditions of community health related to physical health, community design, and the natural environment in Southwest Fresno, and is in keeping with the Healthy Communities Element in the Fresno General Plan. Many of the Plan’s chapters touch upon community health issues and provide recommendations for improvement; however, this section highlights how the Plan’s topics such as land use, transportation, and public facilities relate to and ultimately influence the community health and well-being of Southwest Fresno residents. This section includes a snapshot of the regulatory framework, existing health conditions, key issues that impact health, and the Plan’s goals and policies that can improve the health of Southwest Fresno residents. EXISTING HEALTH CONDITIONS Southwest Fresno residents have long experienced poorer health than other places in California. However, information documenting the health and service needs of Southwest Fresno residents is generally limited. Hospital community health needs assessments were available only for a four-county area and therefore of limited applicability to South- west Fresno. In addition, the Fresno County Public Health Department could provide only limited data until access to the California Department of Public Health records is provided. The California Endow- ment’s BHC Initiative had data for its project area (Central, Southeast, and Southwest Fresno), while the California Health Interview Survey (CHIS) had limited information on a zip code basis. As such, this assessment relies on a variety of sources to provide a health portrait for Southwest Fresno. Tables 1-1 to 1-3 provide a summary of key health indicators. Generally, adults and children within Southwest Fresno experience poorer health condi- tions than residents of Fresno County and State of California. Adults have significantly higher rates of diabetes, asthma, fair to poor health conditions, 1-10 Southwest Fresno Specific Plan SOUTHWEST FRESNO CITY OF FRESNO FRESNO COUNTY STATE OF CALIFORNIA Diabetes: Adults Ever Diagnosed with Diabetes1 10.8%8.3%8.7%8.4% Health Status: Percentage of Adults 18-64 in Fair to Poor Health1 26.3%22.5%22.1%17.9% Obesity: Percentage of Adults 18-64 Who are Obese1 31.8%28.5%29.1%24.8% Asthma: Percent of Adults 18+ Diagnosed with Asthma1 16,7%18.3%17.9%13.7% TABLE 1-1 Health Profile of Southwest Fresno: Current Health Conditions of Adults Sources for Tables 8-1 to 8-3:1. Source: California Health Interview Survey, Neighborhood Edition.2. Source: California Attorney General Office, 2014; City of Fresno Police Department, 2014.3. Source: American Community Survey, 2009-2013.“N/A” indicates data not available. SOUTHWEST FRESNO CITY OF FRESNO FRESNO COUNTY STATE OF CALIFORNIA Diabetes: Percentage of Children Diagnosed with Diabetes1 N/A N/A N/A N/A Health Status: Percentage of Children in Fair to Poor Health1 N/A 7.6%8.0%6.0% Overweight: Percentage of Children Ages 12-17 Who are Overweight/Obese1 N/A 38.1%37.1%32.4% Asthma: Percent of Children Ages 0-17 Diag- nosed with Asthma1 N/A 21.2%19.8%15.4% TABLE 1-2 Health Profile of Southwest Fresno: Current Health Conditions of Children SOUTHWEST FRESNO CITY OF FRESNO FRESNO COUNTY STATE OF CALIFORNIA Poverty: Percentage of Adults Living in Poverty1 34.1%22.3%19.9%13.0% Poverty: Percentage of Children Living in Poverty1 54.0%38.1%35.0%20.9% Smoking: Percentage of Adults Ages 18+ Who Currently Smoke1 16.6%16.3%15.5%13.8% Smoking Among Children: Percentage of Chil- dren Who Currently Smoke1 N/A N/A N/A N/A Adults: Percentage of Adults Ages 18-64 Who are Not Insured1 27.1%22.3%22.4%21.4% Children: Percentage of Children Who are Not Insured1 N/A 8.4%8.5%4.2% Violent Crimes per 100,000 Residents2 696 463 476 394 Property Crimes per 100,000 Residents2 3.226 4,148 3,407 2,459 Adults Ages 18+ Who Did Not Graduate from High School or Receive a GED3 43.7%24.7%26.3%18.7% Population Ages 16+ Who were Unemployed (2009-2013)3 17.8%15.7%14.5%11.5% TABLE 1-3 Health Profile of Southwest Fresno: Risk Factors 1-11Chapter 1 | Plan Introduction and obesity. Although relatively little data is available for youth, anecdotal evidence and limited surveys show that children also experience poorer health outcomes than their peers in the county and California. ISSUES The aforementioned studies provide evidence that the City and County of Fresno, and the San Joaquin Valley as a whole, are known for a number of conditions that are less conducive to health and wellness. The physical way communities are designed, the presence of environmental hazards (air, water, and soil), the availability of health care facilities and services, and other features all combine to present significant challenges to health and well-being. In Southwest Fresno, many of these environmental and social features converge, making it impractical and ineffective to isolate and focus on singular contributors to health. Addressing the health of Southwest Fresno involves more than medical care. In fact, achieving community health must also address underlying social, economic, and environmental factors (often referred to as “upstream influences”) within communities. While some of these influences can have an immediate impact on community health (such as air pollution), other factors are long-term and shape the choices or behaviors of community members (such as accessible parks). In response to the health concerns affecting people across the nation, many cities have developed a local healthy community program or implemented specific policies to improve health and wellbeing. Generally, a healthy community is one that offers a positive physical, social, natural, and economic environment that supports the health and well- being of all its members and enables them to live to their fullest potential. A comprehensive healthy community framework should include at least the following four areas, as they each directly affect community environmental health, described below and shown in Figure 1-4. § Natural Environment—where clean air, clean water, and soil free from hazards provide a healthful environment for residents of all ages and the environment. § Community Design—where the type, location, and quality of land uses, parks, housing, and transportation are mutually designed to support health. § Social Environment—where schools, homes, workplaces, and communities support healthy choices and the underlying conditions that support health. § Health Care Access—where quality health services and facilities are affordable, accessible, and culturally appropriate for residents. The following subsections describe Southwest Fresno’s community health issues related to each of the fields above. The Plan strives to address these issues through specific goals and policies and other regulations or guidelines in its chapters, which are referenced after each sub-issue below in orange. These goals and policies below work in tandem with the Healthy Communities Element in the Fresno General Plan and are intended to help Southwest Fresno work towards becoming a healthy community. FIGURE 1-4 Healthy Community Framework 1-12 Southwest Fresno Specific Plan Natural Environment Environmental conditions are clearly linked to a community’s health and well-being. This includes the levels of air pollution, water pollutants, hazardous wastes, pesticides released, waste disposal sites, and other sources of pollution. The Office of Environmental Health Hazard Assessment (OEHHA), on behalf of the California Environmental Protection Agency (CalEPA) has created the CalEnviroScreen tool. This tool is designed to help identify communities disproportionately burdened by environmental pollution. The Plan Area ranks as one of the most polluted areas in California, scoring in the 90th to 99th percentile statewide for communities statewide that are disproportionately burdened by multiple sources of pollution and with population character- istics that make them more sensitive to pollution. Air pollution, toxic sites, former landfills, and other environmental pollutants contribute to this poor ranking. The Plan’s EIR will further document environmental hazards and suggest remediation in the Plan Area. A review of City documents, “Cortese List,” and available databases revealed the following concerns: ■Air Pollution. According to the American Lung Association, the Fresno-Madera region is one of the more polluted regions in California, and received a grade of “F” for air quality. Although improvements have been made due to regulations on diesel particulate matter and other pollutants, Southwest Fresno ranks as an area with some of the highest levels of air pollution (ozone, particulate matter, and diesel particulate matter among others) throughout California. Air pollution is particularly a concern for children, seniors, and people with poor health. ■Toxic Emissions. CalEnviroScreen ranks census tracts according to the level and toxicity of pollutants emitted by stationary sources (industrial sources) throughout California. US EPA uses a computer-based screening tool called Risk Screening Environmental Indicators (RSEI) that analyzes these releases to the air and models potential toxic exposures. The RSEI does not model actual exposures to residents or sensitive receptors, only the presence of chemical releases that are considered unhealthful. ■Groundwater Quality. The Fresno water system is complex, with multiple sources, treatment, and delivery methods. While city drinking water meets the primary and secondary standards for municipal use, contaminants are present that must be treated or removed prior to consumption. Of the City’s 272 groundwater wells, 96 wells are impacted by one contaminant plume, 33 wells are impacted by two contaminant plumes, and five wells are impacted by three contaminant plumes. Eight wells supply water to Southwest Fresno. Nitrate contamination is the most prevalent, but all eight wells meet municipal water standards as noted above. Nitrate contamination is caused by septic tanks, wineries, major farming operations, and agricultural chemical formulating plants. Several areas in Southwest Fresno remain unsewered. ■Hazardous Sites. In Southwest Fresno, several contaminated sites have released hazardous materials that required remediation and involvement by State and federal agencies. The Fresno Sanitary Landfill is a federal Superfund site. Hyde Park, Fresno Battery, Fresno Drum, and Commercial Electroplaters are also the sites of contamination and under remediation plans. These sites have caused significant underground water pollution requiring State and federal response. In addition, the Southwest Fresno area has had numerous leaking underground storage tanks, but cleanup activities have been completed to the vast majority of the sites. The Plan addresses Southwest Fresno’s polluted natural environment through regulating incom- patible land uses in Chapter 3, Land Use. 1-13Chapter 1 | Plan Introduction Community Design Southwest Fresno is a neighborhood in transition. Initially agricultural, this area is transitioning to a greater number of residential uses, and as a result, is abutting previously existing industrial and commercial uses. The area contains a significant amount of vacant residentially designated land within the City’s SOI, but the area has not yet exhibited much market demand to develop typical suburban neighborhoods with desired commercial and retail services. The area is characterized by a patchwork of existing subdivisions, industry, and farmland. Significant incompatible land uses are located near one another, and truck routes bring noise and diesel emissions to adjoining neighbor- hoods and cause conflicts between heavy vehicles and pedestrians/cyclists. Some community design features that lead to unhealthy outcomes are listed below: ■Housing and Blighting Conditions. Stable, healthy housing is a fundamental need and is known to affect the health and well-being of families and their children, including educational outcomes and respiratory health, among others. In Southwest Fresno, housing was built primarily in the 1950s and 1960s, prior to the phasing out of lead-based paint. Four zip codes (93706, 93701, 93702, and 93706) were found to have significant lead- based paint hazards. In 2009, substandard homes and code enforcement have been cited as critical issues. Finally, as part of the citywide 2015-2019 consolidated plan process, a need for effective code enforcement, including code enforcement services and code violations, was cited as a critical issue. Southwest Fresno also experiences high levels of blighting property conditions such as vacant, boarded up buildings, poorly maintained lots, and crumbling infrastructure. Blighting property conditions are often related to poor economic conditions within a community or neighborhood that lead to disinvestment, poorer social conditions and community cohesion, lack of jobs and economic opportunity, and public safety concerns that affect the health, safety, and welfare of residents or business. ■Transportation. Transportation for many Southwest Fresno residents is a significant challenge. Approximately one in five households do not own a car and depend on transit, walking, or bicycling to travel to work or run daily errands. However, much of the area has limited sidewalks and bicycle facilities, particularly on streets in or transitioning to undeveloped or unincorporated areas. Most collector streets also serve as truck routes, and are generally not conducive to walking or bicycling. Transit service is limited or not available. Coupled with lack of trees and other walking amenities, streets are not conducive to active transportation. While there are limited traffic accidents (e.g., about a dozen per year with the majority resulting in minor injuries), the overall condition of the transportation infrastructure and transit services are likely an impediment to active living. More information about Southwest Fresno’s transportation conditions can be found in Chapter 5, Transportation. Multi-modal street with sidewalks and a protected bike lane. 1-14 Southwest Fresno Specific Plan education and job training, to secure employment with living wages that allow self-sufficiency, and to feel safe within a neighborhood. The lack of any of these choices can diminish the potential for individuals and families to enjoy healthy lives. The following factors can impede healthy lifestyles: ■Limited Food and Beverage Choices. Poor health is often due to the inability to afford or access healthy food. Poor diet can lead to poor mental health, chronic disease, and premature death. Approximately 21 percent of Southwest Fresno adults are food insecure, which is significantly above the state average (8.4 percent) and that of Fresno County (14.7 percent). Poor diet is also in part due to poor access to healthy foods. Southwest Fresno is considered a food desert, defined as a large or isolated area in which grocery stores are absent or distant. Only one large discount grocer, supplemented by neighborhood convenience and liquor stores, serve Southwest Fresno. Although the area has a few community gardens, these gardens can only provide limited amounts of fresh food. ■Low Education Attainment, Household Income, and Poverty. Educational levels are a significant predictor of income and the ability to make healthier choices, including diet, exercise, medical care, and other choices that support health. In Southwest Fresno, 45 percent of residents age 25 and older have not completed high school. Only seven percent have earned a college degree. At the local school level, Edison High’s three-year average Academic Performance Index is approximately 760, which is below the state standard of 800. Several elementary schools score in the high 600s, well below the statewide standard of 800. These elementary and secondary school academic indicators indicate a need for greater academic achievement among children and youth living in Southwest Fresno. Education is often correlated with income. Higher income levels enable families to make healthy choices. These include living in safer and well- maintained housing, affording higher levels of health insurance, purchasing healthier foods, Neighborhood park as community gathering space. ■Park and Recreational Facilities. Southwest Fresno has significant park acreage in total. However, when the 123-acre fee-based Regional Sports Complex is excluded, the acreage of free local parks is significantly smaller. The lack of sidewalks, bicycle lanes, trees, and proximity to industry make some parks inaccessible. Several elementary schools in Southwest Fresno provide structured after-school programs that address recreational needs. In aggregate, there is still a need for parks. More information about Southwest Fresno’s parks conditions can be found in Chapter 6, Public Facilities. In response to these conditions, the Plan ad- dresses housing quality and blight remediation in Chapter 3, Land Use. The Plan promotes active transportation in Chapter 5, Transportation. Chapter 5, Transportation, also addresses rerout- ing truck traffic, promotes complete streets, and addresses pedestrian and vehicle conflicts. The Plan addresses park conditions and amenities in Chapter 6, Public Facilities. Chapter 6, Public Facilities, also addresses access to parks and their proximity to residential neighborhoods, and addresses natural landscape. Social Environment Lifestyle choices have an important role in healthy outcomes. These choices include the ability and means to choose healthy foods, to obtain quality 1-15Chapter 1 | Plan Introduction and making other choices that promote better health and well-being. Southwest Fresno has long been a low-income area. More than one in three adults live in poverty and the median household income is $26,711. More than 40 percent of households are estimated to depend on Cal-Fresh food subsidies. Compared to county and state averages, Southwest Fresno is considered severely disadvantaged based on household income and criteria under Senate Bill 535 for disadvantaged communities. With high unemployment rates, economic development and job opportunities remain important goals. ■Crime and Safety. One significant investment disincentive that community leaders point to in Southwest Fresno is the presence of crime and violence, particularly gang and drug-related crime. In 2014, Fresno recorded a crime rate of 463 violent crimes and 4,148 property crimes per 100,000 people. In Southwest Fresno, the violent crime rate was 50 percent higher (696 violent crimes per 100,000 residents) while property crime was 22 percent lower (3,226 crimes per 100,000 people) than in Fresno. Compared to the 15 other incorporated places in Fresno County, six cities in the county have violent crime rates higher than Southwest Fresno. Southwest Fresno residents also mentioned that drug possession and sales were commonplace; however, no statistics are available that would accurately represent the relative level of drug possessions and sales within the community. In response to these social factors, Chapter 3, Land Use, addresses access to fresh, affordable, and nutritious foods. Specific development regulations contained in Chapter 4, Development Regulations, allow healthy food grocers through- out the Plan Area. Chapter 6, Public Facilities, addresses educational, vocational, and youth support. Crime Prevention through Environmen- tal Design (CPTED) principles are contained in Chapter 4, Development Regulations, and provide guidance on property design and effective use of the built environment that can lead to a reduc- tion in the fear and incidence of crime. Community garden. Farmers’ market stands with fresh and local produce. Small pop-up grocer offering local fruits, juices, and other fresh goods. 1-16 Southwest Fresno Specific Plan Health Care Access Access to medical facilities and services is essential for obtaining preventive health care. Historically, Southwest Fresno residents have had few options for accessing medical facilities. The area had a shortage of services, including mental health, nurs- ing, and primary care for its medically underserved population. Today, the situation has changed with improve- ments in services, although barriers still exist to obtaining appropriate care. The following sum- marizes the current availability and accessibility of health care facilities and services: ■Hospital Access. No public hospitals are in Fresno that offer low-cost health care services to the indigent. Community Regional Medical Center, located two miles northeast from Southwest Fresno, is the closest for-profit hospital. This medical facility continues to expand in its service capacity and the range of medical services provided. However, the facility is still a private hospital facility, and not a public hospital geared for serving the needs of lower income and/or immigrant populations living in Southwest Fresno. ■Access to Low-Cost Clinics. Access to community health clinics has significantly improved in recent years. Southwest Fresnans have multiple choices to access medical care: Easton Community Health Center, Elm Community Health Center (Clinic Sierra Vista), and West Fresno Community Health Center, among others. Gaston Middle School also has an on-site health clinic. These facilities have significantly improved access to preventive health care. ■Health Organizations. Southwest Fresno residents are served by other health and social service organizations. One such group is the West Fresno Family Resource Center. Its mission is to empower and support the community in achieving optimal health and well-being through outreach, education, engagement, counseling and advocacy, and health and social service programs. Centro La Familia and other similar service agencies serve the health and welfare needs of low income residents in Southwest Fresno. Despite improvements in the number and breadth of health services in Southwest Fresno, the need for preventive care is still great. Southwest Fresno residents still experience high levels of preventive chronic and episodic health conditions. One in four residents and nearly half of all noncitizens lack ba- sic health insurance. The lack of insurance is often related to delayed medical care and emergency room visits. Many residents still experience poorer health outcomes, underscoring the importance of not only providing health facilities and services, but also addressing the upstream influences of health. Chapter 6, Public Facilities, addresses health care access. Community Regional Medical Center at Illinois Avenue and Clark Street in Fresno. Elm Community Health Center (Clinic Sierra Vista) provides services to Southwest Fresnans. 1-17Chapter 1 | Plan Introduction D. SOUTHWEST FRESNO SPECIFIC PLAN COMMUNITY ENGAGEMENT The outreach and participation for the planning process has been multifaceted and extensive. As of February 25, 2017, there have been fourteen Steer- ing Committee meetings, approximately ten topic group meetings, and four community workshops. All meetings were open to the public and noticed accordingly in English and Spanish. The last three Steering Committee meetings and workshop have been a part of a supplementary phase of engage- ment. A community office was established in a vacant storefront in the Marcus Center at Martin Luther King Jr. Boulevard and California Avenue as a convenient venue for community members to meet and provide input on the Plan. The various components of the outreach process are described as follows. STEERING COMMITTEE A 21-member Steering Committee made up of neighborhood residents, business owners, develop- ers, youth, and other stakeholders appointed by City Councilmember Oliver Baines at the beginning of the planning process, played a crucial advisory role for the Plan’s development. Community organizations were represented on the Committee, including Habitat for Humanity, Action and Change, Leadership Counsel for Justice and Accountability, the Fresno Housing Authority, Centro Binacional para el Desarrollo Indígena Oaxaqueño, the Economic Development Corporation, Caltrans, and the Fresno Metro Black Chamber of Commerce. Washington Union School District as well as the State Center Community College District were also represented. The Committee’s task was to understand the desires of the community (as expressed at the community workshops and topic group meetings) and apply their own knowledge as stakeholders to the development of the Plan’s land use map. Every Steering Committee meeting was publicly noticed and attendance by community members welcomed.Steering Committee and project team after the Planning Commission’s approval of the Plan’s land use map. The Steering Committee was represented by members from different organizations. Steering Committee members working together in small groups. 1-18 Southwest Fresno Specific Plan COMMUNITY WORKSHOPS The initial phase of the planning process included three community workshops, held on September 15 and October 13, 2015, and on February 16, 2016. They were attended by approximately 125, 70, and 60 people, respectively. The tasks at the workshops were to identify the community’s vision and issues and ultimately select a land use concept that would guide the development of the Plan’s land use map, which forms the basis of the Plan. TOPIC GROUPS Topic groups were organized by Steering Commit- tee members. Members of the public were invited to provide input on the issues that surfaced at the first community workshop. The majority of topic group meetings were held at the community office during the period between the first and third com- munity workshops. The topic groups established were the following, and several of them met more than once: ■Housing ■Neighborhood-serving Retail ■Parks and Open Space ■Jobs and Economic Development ■Community Environmental Health ■Transportation ■Industrial Compatibility COMMUNITY OFFICE A community office was established in a vacant storefront in the Marcus Center at 858 E. California Avenue at Martin Luther King Jr. Boulevard and California Avenue to facilitate community input of various forms. In addition to the topic group meetings held in the office, a youth art-making workshop and a produce market event were also held. OUTREACH METHODS Prior to the first community workshop, a bilingual flyer was mailed to all property owners and residents in and beyond the Plan Area, including those within SOI boundary, inviting recipients to all three community workshops. Postcard reminders were mailed prior to each workshop. A webpage was established at www.fresno.gov/southwestplan, providing public access to public meeting materials such as agendas, presentations, summaries, and other important documents. An email list was created with all interested stakeholders, including all workshop attendees and anyone else who requested to be added to the list. Steering Committee members facilitated conversations on different topics related to Southwest Fresno. Community workshop at Gaston Middle School. Community members working together to help identify preferred land uses for Southwest Fresno. 1-19Chapter 1 | Plan Introduction E. PLAN STRUCTURE AND CONTENT The Plan is organized into the following eight chapters. A set of objectives and implementing policies are provided in each relevant chapter. The Plan’s chapters are as follows: 1. Introduction. This chapter defines a Specific Plan and explains its purpose, provides a brief narrative about Southwest Fresno’s history and its context, explains the Specific Plan’s relationship to previous and future planning efforts, and provides a summary of the planning process and outreach efforts. This chapter also describes the existing conditions of community environmental health related to physical health, community design, and the natural environment in Southwest Fresno, providing a snapshot of the regulatory framework, existing health conditions, and key issues that impact health. The community environmental health section also calls out specific chapters in the Plan that address and strive to improve these existing health issues. 2. Vision. This chapter describes the visioning process that culminated into the development of the Plan’s conceptual vision and land use map. Guiding principles for various topics, including housing, retail, parks and open space, jobs and economic development, transportation, and industrial compatibility, helped shape the Plan’s vision. 3. Land Use. This chapter describes the land uses that make up the Plan Area. It also provides the anticipated development capacity from these land uses over the 25-year horizon of the Plan for new single- family and higher-density housing units, retail, office, parks, schools, and other public facilities. 4. Development Regulations. This chapter notes where zoning in the Plan Area differs from the Citywide Development Code. It provides development and design standards for the Kearney Boulevard Historic Overlay and the California Avenue Mixed-Use Corridor Overlay. It describes the objectives of three special corridors, two magnet cores, and complete neighborhood nodes. And finally, it includes a section on CPTED. 5. Transportation. This chapter describes improvements for pedestrian, transit, auto, truck, and bicycle circulation throughout the area and to adjacent neighborhoods, including Downtown, the Fresno Area Express (FAX) bus terminal, and the future High-Speed Rail (HSR) station. The chapter also provides complete streets design standards that will promote walkability and livability in the Plan Area. 6. Public Facilities. This chapter describes the existing context for public facilities within the Plan Area and identifies the Plan’s proposed public facility improvements. Public facilities include existing parks, new parks, new K to 12 schools within complete neighborhoods, and a new community college within the MLK Activity Center. 7. Utilities. This chapter summarizes utility infrastructure needs in the Plan Area for wet utilities such as water supply, wastewater, storm system, and recycled water use, as well as dry utilities such as electrical, fiber optic and gas systems. 8. Implementation. The final chapter outlines a strategy to implement the Plan’s vision, which includes identifying the public improvements, responsible parties, and funding sources necessary to implement the Plan. The chapter also addresses specific strategies for economic development, including homeownership, business development, education, training, and retail anchor tenant recruitment. 1-20 Southwest Fresno Specific Plan Youth recorded down their desires for Southwest Fresno on paper. The community office acted as a space for youth to share their ideas about Southwest Fresno. Art created by youth at the community office. Ideas from topic groups were recorded on maps and worksheets. Topic groups met at a local community office to continue their discussions from the community workshop. Community members sharing thoughts about the incompatibility of industrial uses in Southwest Fresno. 2-1Chapter 2 | Vision VISION A. INTRODUCTION Southwest Fresno is an area with a great amount of potential that has yet to be tapped. The Southwest Fresno Specific Plan Area (Plan Area) is made up of large swaths of developable land and the surrounding Sphere of Influence (SOI) contains miles of green fields. The Southwest Fresno Specific Plan’s (the Plan) long-term vision for Southwest Fresno imagines all of these areas to become places where people live, play, work, and learn. Southwest Fresno would become its own vibrant set of communities and be well- connected to Downtown, strengthening the overall image and livability of the city. The vision behind the Plan was developed in collaboration with the community in Southwest Fresno and the Steering Committee. After com- munity members shared initial input about the issues and opportunities for Southwest Fresno during the first workshop, many of the workshop attendees participated in follow-up meetings to continue their discussion on specific topics in the form of “topic groups.” Through these topic group meetings, ideas and themes about each topic emerged and were refined by the Steering Committee. These themes culminated into guiding principles that were used for the development of the Plan and the Plan’s land use map. The vision defines all physical-, program-, and policy-related aspects of the Plan described in this chapter and for all following chapters. 2 Southwest Fresno Specific Plan2-2 B. GUIDING PRINCIPLES The guiding principles below are categorized by each of the community’s initial working topic groups and were used to develop the Plan’s recommendations. The topic of “community environmental health” is an overarching theme that is relevant throughout the six topics below. The purpose of these guiding principles is to provide the Plan direction on how it can best benefit the built environment of the community and promote physical, social, and mental well- ness for Southwest Fresnans. HOUSING ■Provide a mix of high quality housing types, with an emphasis on single-family housing, that is affordable to a mix of low, moderate, and high-income households. ■Encourage new housing that is compatible with the community character and historic architecture of Southwest Fresno. ■Locate housing close to amenities such as parks, schools, transit, services, retail, and employment. RETAIL ■Attract desired and needed retail to serve Southwest Fresno residents, such as clothing and department stores, restaurants, healthy grocers, and services. ■Discourage the expansion of potentially controversial retail establishments such as liquor stores, tobacco shops, and short-term loan shops, without consideration of unique impacts to the community and imposition of any appropriate conditions. ■Provide both large-scale, regional-serving retail and smaller-scale, neighborhood- serving retail at appropriate locations in Southwest Fresno. High quality single-family housing in walkable neighborhoods. Park and landscaped open space in close proximity to housing. Mixed-use retail. 2-3Chapter 2 | Vision PARKS AND OPEN SPACE ■Refine the standard for what is defined as “parkland” to include truly usable parks, as opposed to standards that include unusable spaces in ponding basins or parkland located on landfill or toxic sites. ■Prioritize improving existing parks with better and more amenities. ■Create parks that are safe, healthy, social, and active spaces for residents, especially families and youth, to visit. ■Locate new parks within walking distance, defined as a ½-mile radius, of all residences. JOBS AND ECONOMIC DEVELOPMENT ■Prepare, mentor, and train Southwest Fresno residents, including youth, to become better qualified for existing and future employment within Southwest Fresno by providing appropriate services, programs, and facilities. ■Locate employment uses so that they do not conflict with residential areas, but are still conveniently accessible by various modes of transportation. ■Attract desirable employment to Southwest Fresno by locating them near retail and regional access points. ■Encourage future job opportunities to shift from unskilled, low-wage jobs to skilled, higher-education jobs. Improvements to the public realm with pedestrian amenities. Plazas and open space with special amenity areas. Offices with tree-lined parking areas and internal pedestrian pathways. Southwest Fresno Specific Plan2-4 TRANSPORTATION ■Accommodate both motorized and non- motorized modes of travel and people of all ages and abilities to improve mobility/ transportation within Southwest Fresno. ■Locate transit on routes near residential areas and provide access to desired destinations. ■Include opportunities for recreational walking and biking. ■Provide visible, complete, safe, and regularly maintained transportation infrastructure, such as roads, crosswalks, sidewalks, and traffic lights. ■Connect to and expand access to regional transportation networks such as Bus Rapid Transit (BRT), Fresno Area Express (FAX), and High-speed Rail (HSR). INDUSTRIAL COMPATIBILITY ■Monitor and mitigate negative impacts of industrial uses from becoming a nuisance and hazard to residents. ■Restrict the proximity ofProhibit new industrial development in the Specific Plan Area through the adoption of proposed Specific Plan land use and zoning provisions and restrict the proximity of truck routes near residential areas to the maximum extent feasible. ■Locate new industrial development away from Southwest Fresno residential neighborhoods. ■Increase transparency and communication between government staff, government and elected officials, residents, and stakeholders regarding proposed industrial uses and/or improvements. Bicycle Improvements along a residential street. Pedestrian-friendly, community-serving retail with pedestrian crossing. Landscaped sidewalks and outdoor seating at building frontages. 2-5Chapter 2 | Vision C. SPECIFIC PLAN LAND USE VISION “The Southwest Fresno community is supported by two higher intensity cores near major highway interchanges, each with a primary magnet use. These magnet cores are ringed with smaller complete neighborhoods that support the core. Each complete neighborhood includes housing and a node with community-serving uses. Neighborhoods are linked by well- defined corridors lined with higher intensity uses.” The guiding principles described in the previous section, Section B, helped shape the conceptual vision for the Plan and the Plan’s land use map. A conceptual vision diagram of the Plan is shown in Figure 2-1. The Plan’s land use map envisions the interplay of “complete neighborhoods,” “cor- ridors,” and “magnet cores” to create a vibrant and desirable community that is accessible to and abundant with neighborhood amenities and services, supported by local and neighboring residents. The Plan sets aside the majority of land for single-family residential uses and locates higher density residential uses at some neighbor- hood nodes, near magnet uses, and along cor- ridors. This will allow walkable access for greater numbers of residents to shopping, schools, parks, and transit, such as buses and BRT. Additionally, the Plan envisions that the most optimal locations for large-scale, regional-serving retail are those that have good proximity, vis- ibility, and access from the greatest number of people, while having enough distance away from other similar retail to avoid competition. In the Plan, regional retail is shown in two locations: with access from Highway 180 at Marks and Whites Bridge Avenues and from Highway 41 near Jensen Avenue and MLK Jr. Boulevard. These locations would allow new retail businesses to draw customers from areas beyond Southwest Fresno. On the other hand, smaller scale neighborhood retail shops can be more dispersed as long as they are located along well-traveled streets. In the Plan, smaller neighborhood retail locations are shown in each of the complete neighborhood nodes and along corridors with mixed use. Larger scale employment uses such as offices, colleges, and medical facilities are concentrated in higher-intensity corridors, while opportunities for smaller scale offices are allowed along a less intensive corridor (the Mixed-Use/Jobs Corridor). While more jobs in Southwest Fresno are desir- able, the businesses that provide them must be healthy, safe, and good neighbors to nearby residents to avoid potential conflicts between residents and employment uses. To assure this good neighbor policy, new employment areas would be planned and zoned Office and all previ- ously Light Industrial, Heavy Industrial, Business Park, and Regional Business Park areas would be planned and zoned Office. The concepts of complete neighborhoods, corridors, and magnet cores are described in further detail starting on page 2-7. Chapter 4, Development Regulations, provides guidance on how to implement these concepts. Southwest Fresno Specific Plan2-6 NeilsonPark Ponding Basin/Park FF Ponding Basin/Park TT2 41 180 41 180 99 99 RegionalSportsComplex HydePark NeilsonPark Mary EllaBrownCommunityCenter ChandlerPark WestFresnoMiddleSchool WestFresnoElementarySchool WEB DuboisPublicCharter School Rutherford B. Gaston Middle School KirkElementarySchoolAnchor AcademyCharter School EdisonHighSchool KingElementarySchool LincolnElementarySchool BethuneElementarySchool SunsetElementarySchool PershingContinuationHigh School Big PictureHigh School ColumbiaElementarySchool ElmCommunityHealthCenter CommunityRegionalMedical Center Veteran’sHousingComplex eFresno ChandlerExecutive Airport DOWNTOWN KEARNEY BLVD WHITES BRIDGE AVE MLK JR. BLVDFRESNO STWEST AVECHURCH AVE MARKS AVEJENSEN AVE FIG AVENUECALIFORNIA AVE WALNUT AVEFRUIT AVEVALENTINE AVEANNADALE AVE ELM AVENUENORTH AVE CHERRY AVENUEHUGHES AVECENTRAL AVE 00.25mi 0.25mi City limit Sphere of Influence Plan Area County Land Magnet Core CompleteNeighborhood Bus Rapid Transit LineMAGNE T FIGURE 2-1 Conceptual Vision for Southwest Fresno Regional Retail Corridor Regionally-serving retail with higher-density housing Historic Corridor Larger single-family houses with small-scaled commercial Mixed-Use Corridor Ground-floor retail with higher-density housing above and around Jobs Corridor Offices and business parks with higher-density housing and commercial Mixed-Use and Jobs Corridor Office uses and ground-floor retail with higher-density housing above CORRIDORS HSR FAX M A GNET M A GNET BRTS.F.HOUSING REGIONALRETAIL COMMUNITYCOLLEGE ACTIVITYCENTER JOBS H.D.HOUSING NEWPARK NBHD.RETAIL EXPANDEDPARK NBHD.RETAIL H.D.HOUSING NBHD.PARK SUPERMARKET H.D.HOUSING NBHD.PARK NBHD.PARK NBHD.RETAIL H.D.HOUSING S.F.HOUSING NEWSCHOOL NBHD.RETAIL H.D.HOUSING S.F.HOUSING NBHD.PARK NBHD.RETAIL H.D.HOUSING REGIONALRETAIL JOBS SUPERMARKET MEDICALFACILITY H.D.HOUSING S.F.HOUSING NEWSCHOOL NBHD.RETAIL EXPANDEDPARK JOBS NEWSCHOOLNBHD.PARK H.D.HOUSING NBHD.RETAIL S.F.HOUSING S.F.HOUSING S.F.HOUSING S.F.HOUSING JOBS JOBS NBHD.RETAIL NEWSCHOOL NBHD.PARK H.D.HOUSINGS.F.HOUSING NBHD.PARK NBHD.PARK NBHD.PARK FIGURE 2-1 Conceptual Vision for Southwest Fresno 2-7Chapter 2 | Vision Complete neighborhoods are self-sufficient with housing and parkland nearby. COMPLETE NEIGHBORHOODS The concept of a complete neighborhood is adopted from the General Plan. The General Plan introduced the concept of complete neighbor- hoods to break away from Fresno’s typical development pattern of separating residential and retail areas, and instead, to create neighbor- hoods that are interconnected and self-sufficient. Complete neighborhoods foster communities that have housing, services, employment, and recreation all within walking distance (see Figure 2-2). Each complete neighborhood should uniquely reflect its community’s values and character, and serve the particular needs of its residents. A series of small, complete neighborhoods will make up the Southwest Fresno area. Each of the complete neighborhoods should contain a center, or node, made up of community-serving uses, including retail, a range of housing types, a school, and a park. Existing or new single- family residences should surround the node and be within a reasonable walking distance of a quarter-mile of the node. FIGURE 2-2 Conceptual Diagram of Development within a Complete Neighborhood1/4 Milea range of housing types in each neighborhood, with a preference for single-family housing joint-use park facilities with schools for public use neighborhood services and amenities, clustered at neighborhood center neighborhoods centered around the intersection of two major streets Retail Housing School Park1/4 Milea range of housing types in each neighborhood, with a preference for single-family housing joint-use park facilities with schools for public use neighborhood services and amenities, clustered at neighborhood center neighborhoods centered around the intersection of two major streets Retail Housing School Park Southwest Fresno Specific Plan2-8 CORRIDORS Corridors are key streets that are lined with higher, more intensive development and have multimodal improvements such as pedestrian, bicycle, and transit facilities (see Figure 2-3). Development located further away from the corridor would be less intensive, such as single-family housing. Due to each cor- ridor’s surrounding context and physical characteristics, not all corridors are lined with the same type of higher intensity development or have the same types of improvements. Some corridors are retail-focused, while others are employment- or residential-focused. Additionally, the Mixed-Use Corridor along the future Bus Rapid Transit (BRT) line, California Avenue, would also have BRT facilities in order to improve BRT connectivity from Southwest Fresno to Downtown. single-family housing located outside of corridors 1/4 Milehigher-intensity uses such as higher-density housing and mixed use clustered along and around corridor neighborhoods can contain multiple corridors Retail Higher-density housing Single-family housing Corridor Park School Mixed use FIGURE 2-3 Conceptual Diagram of Development along a Corridor 2-9Chapter 2 | Vision There are several existing major corridors in Southwest Fresno that should be enhanced to become locations for vehicular access and bus service in the future so that new development along these corridors will benefit from these transportation connections. The corridors identi- fied in the Plan each have a different emphasis based on the existing character of the street, including: Historic Corridor The historic Kearney Boulevard will be enhanced with landscaping and lined with larger-scale single-family residential develop- ment as well as lower-intensity office uses. Regional Retail Corridor This corridor will be along Whites Bridge Avenue with regional-serving, big box retail, housing, and parks. Mixed-Use Corridor California Avenue will become a mixed-use corridor with active ground-floor community- serving stores and services below housing or office and connected to Downtown Fresno with a future BRT line. Jobs Corridor This corridor will be home to office uses and housing along Jensen Avenue and connect the magnet core west of Martin Luther King Jr. Boulevard to Highway 41. Mixed-Use/Jobs Corridor Elm Avenue will feature community-serving shops and a diverse mix of office, jobs, housing, and commercial services and could potentially have enhanced transit service improvements in the future to connect the southern portion of the Plan Area to Downtown. Pedestrian-oriented entries along a mixed-use corridor. Office space along a jobs corridor. Southwest Fresno Specific Plan2-10 MAGNET CORES Magnet cores each contain a high intensity magnet use that attracts other supportive higher intensity uses. Examples of magnet uses include regional retail development, a medical facility, or a community college. Higher intensity uses such as higher-density housing, community parks, offices, and retail cluster around magnets, form- ing a magnet center or “core” (see Figure 2-4). The magnet core’s high intensity uses create an activity center that not only serves residents, but also attracts visitors. Development further away from the magnet core is at a lower intensity, such as single-family housing, but still surrounds the magnet core for convenient accessibility. The proposed locations for magnet cores in the Plan will serve different parts of Southwest Fresno and would be accessible to regional travelers. The southern magnet core is proposed between Jensen and Church Avenues, west of MLK Jr. Boulevard. This area is identified as the “MLK Activity Center” in the General Plan and proposes a regional shopping center and higher density neighborhood district. The community-preferred magnet use for the MLK Activity Center is a com- munity college campus. While it is not certain that a community college campus in Southwest Fresno will be funded and built, there has been discussion about this possibility with the State Center Community College District’s Board. Other uses could also serve as magnet uses to attract development, including large-scale retail, medical clinics, or campuses. The Plan proposes a set of flexible uses at this location to accommodate any of these uses. The northern magnet core is located at Marks and Whites Bridge Avenues where there is both access from Highway 180 and from existing and new residential development in the western part of the Plan Area. This magnet core is anticipated to be developed with regional retail uses and medical facilities accessible to both travelers on Highway 180 and residents of the Southwest neighborhood. College magnet use. Supermarket anchor in a regional retail center. 2-11Chapter 2 | Vision magnet core with higher-intensity uses such as a community college, park, employment, and regional retail magnet core ringed with primarily single-family housing1/4 Mileexisting residential housing existing school Retail Employment Higher-density housing Single-family housing Park School College Mixed Use FIGURE 2-4 Conceptual Diagram of Development around a Magnet Core Southwest Fresno Specific Plan2-12 3-1Chapter 3 | Land Use LAND USE A. INTRODUCTION This chapter summarizes the land use elements and describes the urban form of the Southwest Fresno Specific Plan (the Plan), which reflects the Steering Committee’s and community’s preferred land use alternative for future development in the Southwest Fresno Specific Plan Area (Plan Area). The locations of the various land uses were select- ed and refined by the Steering Committee in order to support the type of community described in the Plan’s vision (see Chapter 2, Vision). The Plan’s land use map should be considered the physical “vision” for the area and the underlying foundation for the Southwest Fresno Specific Plan. The Chapter is organized into the following sections: A. Introduction B. Southwest Fresno Specific Plan Land Uses C. Development Capacity Analysis D. Goals and Policies 3 Southwest Fresno Specific Plan3-2 B. SOUTHWEST FRESNO SPECIFIC PLAN LAND USES Figure 3-1 shows the overall planned land uses for the Southwest Fresno area, including the Sphere of Influence (SOI) outside of the Plan Area as well as the conceptual overlays from Chapter 2’s Figure 2-1. The conceptual overlays show how the Plan’s vision of corridors, magnet cores, and complete neighborhoods relates to Southwest Fresno’s land uses. The land uses in the SOI that are shown Figure 3-1 are for reference and future planning purposes since the Plan only affects the land within the Plan Area. Figure 3-2 shows the Plan’s land use map, which contains only lands within the Plan Area. Consistent with the Fresno General Plan (General Plan), new parks, open space, and public facilities carry dual land use designations, so if that facility is not needed, alternative private or public development consistent with zoning and development standards may be approved. These dual land use designations are shown in Figure 3-3. Uses, structures, site features, and lots that were created lawfully prior to the adoption of the Plan but do not conform to subsequently to the Plan’s provisions are considered “nonconforming” and may be continued indefinitely as long as the non-conforming use, structure, site feature, or lot is legal, and there is no change to the use, structures, site features, and lot. See Article 4 of the City’s Citywide Development Code for more details. LAND USE CLASSIFICATIONS The following land uses make up the Plan Area and are categorized by residential, employment, commercial, public facilities, and open space uses. Many of the following land use classifications’ descriptions, including their floor area ratio (FAR) and dwelling units per acre densities, are cited from the General Plan’s land use classifications. The Plan introduces a few new land use designations that provide more specific conditions for existing land use classifications, which are described in further detail below. Medium Low Density housing as single-family detached housing. Medium Density housing includes duplexes and townhouses as well as single-family homes. Medium High Density housing includes townhomes that can accommodate multi-generational living. 3-3Chapter 3 | Land Use 41 41 180 99 99 M A GNET M A GNET WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C OLLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFO RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVERESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL 00.25mi 0.25mi OfficeO Office RestrictedAutomobile /Vehicle Sales and Services are are not permitted O No Auto ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special SchoolSS CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR GeneralG FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted O* Corridor Sphere of Influence City Limit Plan Area Magnet Core CompleteNeighborhood MA GNE T Note: Dual Land Use designations for proposed public facilities and open space are shown on a supplemental map. Open Space OS NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP OSOS CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC O*O* O*O* O*O* PBPPBP PFPFE or ME or M SS (M/HS) SS (M/HS)E or ME or M PFPF EE EE PFPF CC NMXNMX CC CC PP RR O No Auto O No Auto O No Auto O No Auto RR CZCZ CMXCMX CMXCMX CMXCMX CMXCMX CMXCMX NMXNMX PFPF PFPFPFPF CMXCMX PBPB PBPB PBPB PBPB CPCP OSOS NPNP Source: City of Fresno OO FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI 41 41 180 99 99 M A GNET M A GNET WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEMON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT ON S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AV E CHURCH AV E VALENTINE AVEM ADI SON AV E KEA RNEY B LV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVERESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL 00.25mi 0.25mi OfficeO Office RestrictedAutomobile /Vehicle Sales and Services are are not permitted O No Auto ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special SchoolSS CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR GeneralG FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted O* Corridor Sphere of Influence City Limit Plan Area Magnet Core Complete Neighborhood MA GNE T Note: Dual Land Use designations for proposed public facilities and open space are shown on a supplemental map. Open Space OS NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP OSOS CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC O*O* O*O* O*O* PBPPBP PFPFE or ME or M SS (M/HS) SS (M/HS)E or ME or M PFPF EE EE PFPF CC NMXNMX CC CC PP RR O No Auto O No Auto O No Auto O No Auto RR CZCZ CMXCMX CMXCMX CMXCMX CMXCMX CMXCMX NMXNMX PFPF PFPFPFPF CMXCMX PBPB PBPB PBPB PBPB CPCP OSOS NPNP Source: City of Fresno OO Figure Replaced Southwest Fresno Specific Plan3-4 41 41 180 99 99 M A GNET M A GNET WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C OLLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFO RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVERESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL 00.25mi 0.25mi OfficeO Office RestrictedAutomobile /Vehicle Sales and Services are are not permitted O No Auto ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special SchoolSS CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR GeneralG FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted O* Corridor Sphere of Influence City Limit Plan Area Magnet Core CompleteNeighborhood MA GNE T Note: Dual Land Use designations for proposed public facilities and open space are shown on a supplemental map. Open Space OS NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP OSOS CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC O*O* O*O* O*O* PBPPBP PFPFE or ME or M SS (M/HS) SS (M/HS)E or ME or M PFPF EE EE PFPF CC NMXNMX CC CC CPCP RR O No Auto O No Auto O No Auto O No Auto RR CZCZ CMXCMX CMXCMX CMXCMX CMXCMX EE NMXNMX PFPF PFPFPFPF CMXCMX PBPB PBPB PBPB PBPB CPCP OSOS NPNP Source: City of FresnoFIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI 41 41 180 99 99 M A GNET M A GNET WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEMON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT ON S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AV E CHURCH AV E VALENTINE AVEM ADI SON AV E KEA RNEY B LV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVERESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL 00.25mi 0.25mi OfficeO Office RestrictedAutomobile /Vehicle Sales and Services are are not permitted O No Auto ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special SchoolSS CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR GeneralG FIGURE 3-1 Land Use Map with Conceptual Overlays, including SOI ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted O* Corridor Sphere of Influence City Limit Plan Area Magnet Core Complete Neighborhood MA GNE T Note: Dual Land Use designations for proposed public facilities and open space are shown on a supplemental map. Open Space OS NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP OSOS CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC O*O* O*O* O*O* PBPPBP PFPFE or ME or M SS (M/HS) SS (M/HS)E or ME or M PFPF EE EE PFPF CC NMXNMX CC CC CPCP RR O No Auto O No Auto O No Auto O No Auto RR CZCZ CMXCMX CMXCMX CMXCMX CMXCMX EE NMXNMX PFPF PFPFPFPF CMXCMX PBPB PBPB PBPB PBPB CPCP OSOS NPNP Source: City of Fresno Revised Figure 3-5Chapter 3 | Land Use 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC PP RR CZCZ CMXCMX CMXCMX CMXCMX NMXNMX PFPF OSOSOSOS NPNPWEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT ON S T FRESNO ST P OT T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T C HA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSE N AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special School CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS OO FIGURE 3-2 Land Use Map for Plan Area 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC PP RR CZCZ CMXCMX CMXCMX CMXCMX NMXNMX PFPF OSOSOSOS NPNPWEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O N TEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR AIL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P OT T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARN E Y B LVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIF ORN IA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special School CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS OO Figure Replaced Southwest Fresno Specific Plan3-6 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC CPCP RR CZCZ CMXCMX CMXCMX EE NMXNMX PFPF OSOSOSOS NPNP Medium Density Residential to Neighborhood Mixed-Use2 WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE CLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT ON S T FRESNO ST P OT T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T C HA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSE N AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area (REVISED 10-6-17) 2 1 3 RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood Center NCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS PROPOSED TECHNICAL REVISIONS TO LAND USES (AS SHOWN ON THE MAP)* Corridor/Center Mixed-Use to Elementary School 1 1 Minor Adjustments to Reflect August 2017 Land Use Approvals for Martin Luther King Jr. Boulevard (MLK) Activity Center 3 3 Medium Density Residential to Neighborhood Mixed-Use 2 2 * OO Associated development capacity numbers in the Plan will be updated accordingly to reflect the land use revisions shown on the map. FIGURE 3-2 Land Use Map for Plan Area 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC CPCP RR CZCZ CMXCMX CMXCMX EE NMXNMX PFPF OSOSOSOS NPNP Medium Density Residential to Neighborhood Mixed-Use2 WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE CLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O N TEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ O N E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O M E R U N A L Y L S T C OLLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARN E Y B LVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIF ORN IA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area (REVISED 10-6-17) 2 1 3 RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood Center NCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS PROPOSED TECHNICAL REVISIONS TO LAND USES (AS SHOWN ON THE MAP)* Corridor/Center Mixed-Use to Elementary School 1 1 Minor Adjustments to Reflect August 2017 Land Use Approvals for Martin Luther King Jr. Boulevard (MLK) Activity Center 3 3 Medium Density Residential to Neighborhood Mixed-Use 2 2 * OO Associated development capacity numbers in the Plan will be updated accordingly to reflect the land use revisions shown on the map. Revised Figure 3-7Chapter 3 | Land Use 41 41 180 99 99WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCEAVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VENTURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U L T O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O M E R U N A L Y L S T C O L LI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEMA R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AV E CHURCH AV E VALENTINE AVEMADI SON AV E KEARNE Y BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIF ORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVEFIGURE 3-3 Dual Land Use Designation Map for Plan Area RESIDENTIAL EMPLOYMENTMIXED-USE OfficeOCorridor/Center Mixed-Use CMX Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area OO CMXCMX CMXCMX OO OO OO Source: City of FresnoFIGURE 3-3 Dual Land Use Designation Map for Plan Area 41 41 180 99 99WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCEAVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR ST LO S ANGELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVEM S TCALAVERASSTB R O A D WA Y P L Z VENTURASTR A IL R OA D A V EMARIPOSA STSA N T A F E A V E PARKWAYDR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV EGRANT AVEH ST AMADOR ST E S T WA T E R M A N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ O N E S A V E IR WI N A V E KERN STIN YO STM O NO STSANTACLARASTSTROTHER AVE IVY AVEO ST FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORADO STCHERRY AVEPACIFIC AVEF U L T ON M A L L TUPMAN STCAPITO L STT ST LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L ST C OL LI N S A V E S ST A / B A L Y F A G A N A L Y Q ST WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AV E AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEVAN N E S S A V E TRINITY STMODOC STC H A N N I N G WAYFULTON ST FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP STN ST C H A N DLER A VE LEE AVEROSE AVEMADDYDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYBROADWAY STEPHENS AVEFARRIS AVEMARKS AVEJE N SEN A VE CHURCH AV E VALENTINE AVEMADISO N AV E KE A RN E Y BLV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIF O RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVEFIGURE 3-3 Dual Land Use Designation Map for Plan Area RESIDENTIAL EMPLOYMENTMIXED-USE OfficeOCorridor/Center Mixed-Use CMX Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area OO CMXCMX CMXCMX OO OO OO Source: City of Fresno Southwest Fresno Specific Plan3-8 Residential Residential land uses provide for a wide range of neighborhoods and housing types. The scale of Office uses can be compatible with existing residential neighborhoods. Urban Neighborhood residential creates compact development with multi-family dwellings. Low Density This designation is intended to provide for large-lot residential development. Low Density Residential allows one to 3.5 housing units per acre. The resulting land use pattern is large-lot residential in nature, such as rural residential, ranchettes, or estate homes. Medium-low Density The Medium Low Density designation is intended to provide for single-family detached housing with densities of 3.5 to 6 units per acre. Medium Density Medium Density Residential covers developments of 5 to 12 units per acre and is intended for areas with predominantly single-family residential development, but can also accommodate a mix of housing types, including small-lot starter homes, zero-lot-line developments, duplexes, and town- houses. Much of the city’s established neighbor- hoods fall within this designation. Medium-high Density Medium High Density Residential is intended for neighborhoods with a mix of single-family residences, townhomes, garden apartments, and multi-family units intended to support a fine-grain, pedestrian scale. This land use accommodates densities from 12 to 16 units per acre overall. Urban Neighborhood Urban Neighborhood Residential covers densities from 16 to 30 units per acre, which will generally require multi-family dwellings but still allow for a mix of housing types including single-family houses. This land use is intended to provide for a compact community that includes community facilities and walkable access to parkland and commercial services; it also supports efficient, frequent transit service. Urban Neighborhood is designated for targeted areas with complementary land uses adjacently located. 3-9Chapter 3 | Land Use Community Commercial uses are intended to serve local residents within a smaller neighborhood. Employment Office The Office designation is intended for administra- tive, financial, business, professional, medical, and public offices. This designation is mainly intended to apply to existing office uses on smaller lots, generally located on arterial roadways. This desig- nation is also considered compatible with existing residential neighborhoods given the smaller level of noise and traffic generated compared to commercial uses. Retail uses would generally be limited to business services, food services, and convenience goods for those who work in the area. The maximum FAR is 2.0. Office Restricted The Office Restricted designation only exists in the SOI; it allows all of the uses allowed in the Office designation with the exception of auto/vehicle ser- vices and rentals to limit potential negative impacts related to aesthetics, noise, odor, and air quality to affect surrounding residential neighborhoods and employment areas. The maximum FAR is 2.0. Commercial Commercial land use designations allow a wide range of retail and service establishments intended to serve local and regional needs. Community Community Commercial is intended for commercial development that primarily serves local needs such as convenience shopping and small offices. Many of the city’s current commercial districts fall into this designation. Specific uses allowed include medium- scale retail, office, civic and entertainment uses, supermarkets, drug stores and supporting uses. The maximum FAR is 1.0. Regional The Regional Commercial designation is intended to meet local and regional retail demand, such as large-scale retail, office, civic and entertain- ment uses; shopping malls, with large format or “big-box” retail allowed. It allows supporting uses such as gas stations, and hotels. Buildings typically have relatively large footprints. Development and Regional Commercial development with surface parking. design standards will create a pedestrian orienta- tion within centers and along major corridors. The maximum FAR is 1.0. General The General Commercial designation is intended for a range of retail and service uses that are not appropriate in other areas because of higher volumes of vehicle traffic and potential adverse impacts on other uses. Examples of allowable uses include: building materials, storage facilities with active storefronts, equipment rental, wholesale businesses, and specialized retail not normally found in shopping centers. The maximum FAR is 2.0. Southwest Fresno Specific Plan3-10 Mixed-Use Mixed-use designations are based on commercial uses and also require a residential or office compo- nent. Neighborhood Mixed-Use This designation allows a minimum of 50 percent residential uses and provides for mixed-use districts of local-serving, pedestrian-oriented commercial development, such as convenience shopping and professional offices in two- to three-story buildings. Development is expected to include ground-floor neighborhood retail uses and upper-level housing or offices, with a mix of small -lot single-family houses, townhomes, and multi-family dwelling units on side streets, in a horizontal or vertical mixed-use orientation. The built form will have a scale and character that is consistent with pedes- trian orientation, to attract and promote a walk-in clientele, with small lots made accessible by closely spaced connections for pedestrians, bicyclists, and vehicular traffic; these connections will provide convenient access from residences to commercial space. Automobile-oriented uses are not permit- ted. Residential densities range between 12 and 16 units per acre and the maximum FAR is 1.5. Corridor/Center Mixed-Use The Corridor/Center Mixed-Use designation is higher intensity than Neighborhood Mixed-Use, and is intended to allow for horizontal and vertical mixed-use development in multiple story buildings along key circulation corridors where height and density can be easily accommodated. Ground-floor retail and upper-floor residential or offices are the primary uses, with personal and business services and public and institutional space as supportive uses. Development will facilitate the transformation of existing transportation corridors into active, highly walkable areas with broad, pedestrian- friendly sidewalks, trees, landscaping, and local-serving uses with new buildings that step down in relationship to the scale and character of adjacent neighborhoods. This designation will largely apply along major roadways, at targeted locations between regional Activity Centers as defined in the General Plan. Residential densities range between 16 and 30 units per acre with a minimum 40 percent residential uses, and the maximum FAR is 1.5. Neighborhood Mixed-use emphasizes pedestrian- oriented commercial development. Corridor/Center Mixed-use with ground-floor office space and multi-family housing above. 3-11Chapter 3 | Land Use Public Facilities This designation applies to public facilities, such as City Hall, county buildings, schools, colleges, the municipal airports, and hospitals. It also includes public facilities, such as fire and police stations, City-operated recycling centers, and sewage treat- ment plants. The following public facility land uses are within the Plan Area: Public Facility (General), K to 12 Schools (such as Elementary, Middle, and Special Schools), Airport, Church, Hospital, Neigh- borhood Center, PG&E Station, Water Recharge Basin, and College. Open Space The Open Space designation applies to open space areas, such as parks, golf courses, ponding basins, riparian corridors, and the clear zone around airports. The following open space land uses are within the Plan Area: Park (General), Neighbor- hood Park, Community Park, Regional Park, Clear Zone, Ponding Basin, and Ponding Basin Park. Of these, Parks, Neighborhood Parks, Community Parks, Regional Parks, and Ponding Basin Parks are considered parkland space for purposes of General Plan goals. Further explanation about the parkland definition can be found in Chapter 6, Public Facili- ties. The Clear Zone land use designation is for land that is within close proximity to the airport and is limited to use of ten people per acre. Any potential development within the Clear Zone could conflict with flight sightlines and movements. The South- west Fresno area contains a number of ponding basins, which are used to collect and reuse storm- water. The Ponding Basin Park land use designation is for certain ponding basins that are also acces- sible to the public as park space. However, park access is not open year-round and only accessible during seasons where the ponding basin will not be used to collect stormwater. Open Space can include larger community and regional parks. Open Space can include neighborhood-serving open space. Housing abutting residential open space and playgrounds. Southwest Fresno Specific Plan3-12 C. DEVELOPMENT CAPACITY ANALYSIS The following development capacity analysis describes the number of single-family and multi- family housing dwelling units; square feet of commercial, office, and public facility development; and park acreage anticipated in the Plan Area in the 30-year timeframe of the Plan. Development capac- ity numbers were calculated for the Plan based on the Plan’s land uses, using the General Plan’s dwelling units per acre and FAR capacity numbers. Table 3-1 describes only the development capacity for development within the Plan Area boundary. LAND USES DEVELOPMENT CAPACITY Single-family housing 4,083 dwelling units Multi-family housing 1,840 dwelling units HOUSING TOTAL 5,923 dwelling units Commercial 1,546,888 square feet Employment 748,820 square feet Parks/Open Space 75 acres Public Facilities 118 acres or 1,443,814 square feet TABLE 3-1 Development Capacities for the Plan Area It should be noted that, like the General Plan, the development capacities in Table 3-1 are for new de- velopment and only take into account the develop- ment of parcels that have higher opportunities for development, such as parcels that are vacant, open agriculture, or rural residential (partially vacant). These opportunity sites for development are highlighted in Figure 3-4. The development capacity analysis of the Plan Area is described below: ■Housing. The community and Steering Committee desire a shift in the ratio of single-family housing to multi-family housing from the residential land uses identified in the General Plan for Southwest Fresno. The Plan shows a larger amount of single-family housing compared to multi-family housing when compared to the General Plan. The Plan’s ratio is 70 percent single-family housing to 30 percent multi-family housing in the Plan Area, while the ratio citywide is 62 percent single-family housing to 38 percent “other” units, including multi-family and attached single-family housing. ■Commercial. The amount of commercial development in the Plan Area accounts for new Corridor/Center Mixed-Use, Neighborhood Mixed-Use, Regional Commercial, and Community Commercial areas. ■Employment. Employment areas consist of purely Office land uses rather than a mix of Office, Industrial, and Business Park uses. ■Parks/Open Space. The amount of Parks/Open Space accounts for new neighborhood parks to serve complete neighborhoods and a larger park adjacent to the community college to support the MLK Activity Center magnet core. ■Public Facilities. The amount of public facilities accounts for new schools that would serve complete neighborhoods, a future community college in the MLK Activity Center magnet core, and a public facility buffer between residential neighborhoods and industrial uses south of North Avenue. Although the surrounding SOI is not a part of the Plan Area (with the exception of the MLK Activity Center), as a part of the visioning process, the SOI’s land uses were considered since the General Plan includes the SOI for its development capacity. The surrounding SOI has a large amount of develop- ment potential because it is mostly undeveloped and therefore contains a large amount of opportu- nity sites. The Plan’s vision includes the following amount of development in the SOI: about 9,400 housing units, with approximately 80 percent of those units as single-family housing and 20 percent as multi-family housing; a moderate amount of commercial space at about 840,000 commercial building square feet; a high amount of employment space at about 3.9 million employment building square feet; a moderate amount of parks/open space; and a moderate amount of public facilities space. 3-13Chapter 3 | Land Use WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEA RN EY BLVD HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEDANRONQUILLO DRHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVEWEST AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEM ERCED STR S T NICHOLAS AVEC S T M O NTETUO LUM N ESTA S T STAN ISLAUS STM S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTBELGRAVIA AVEH S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E K L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TEL DORAD O STCHERRY AVEF U LT O N M A L L TUPMAN STCAPITO L STLEMON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E A / B A L Y F A G A N A L Y Q S T WELLER STPOPPY AVELOTUS AVEAIRPORT RD WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V E MA R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDR B R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVECHURCH AV E JENSEN AV E VALENTINE AVEMAD ISO N AVE FIG AVENUEMLK JR. BLVDHUGHES AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE Plan Area Sphere of Influence Opportunity Sites City Limit Existing Development 00.25mi 0.25mi FIGURE 3-4 Opportunity Sites in the Plan Area and Existing Development 41 180 99 41 180 Source: City of Fresno FIGURE 3-4 Opportunity Sites in the Plan Area and Existing Development Southwest Fresno Specific Plan3-14 D. GOALS AND POLICIES The following goals and related policies support the framework for the development of the Plan’s land uses and urban form, implementing the Plan’s vision as described in Chapter 2. The Plan’s goals and polices are intended to work in tandem with and refine those of the General Plan. Goal LU-1 Establish Southwest Fresno as an attractive and desirable communi- ty through the creation of activity centers that provide a variety of housing types and a compatible mix of non-residential uses such as retail, services, jobs, and rec- reation uses to Southwest Fresno residents and visitors. Policy LU-1.1 Establish two magnet cores – a southern magnet core at the MLK Activity Center and a northern magnet core at Marks and Whites Bridge Avenues – that attract a significant amount of new develop- ment and accommodate regional retail stores, educational and/or medical facilities, and a range of housing types. Policy LU-1.2 Following the Fresno General Plan amendment to approve the Plan Area’s proposed land uses, amend the Fresno General Plan to approve the proposed land uses located outside of the Plan Area and in the SOI as shown in the Vision for Southwest Fresno for the purposes of future annexation. Goal LU-2 Revitalize existing key corridors in Southwest Fresno, building off the existing character and potential of the streets, to strengthen neigh- borhood identity and appeal, attract new development, and to connect neighborhoods and magnets. Policy LU-2.1 Capitalize on the Downtown High- Speed Rail (HSR) station, Fresno Area Express (FAX) transit hub, and future Bus Rapid Transit (BRT) lines to promote transit-oriented development along corridors. Policy LU-2.2 Improve the visual appeal of corridors through streetscape improvements, new development, and the renovation of existing development. Policy LU-2.3 Attract and encourage regional- serving, big box retail, housing and park uses along Whites Bridge Avenue to support a Regional Retail Corridor. Policy LU-2.4 Attract and encourage low-density residential development with enhanced design and landscaping standards along Kearney Boulevard to support a Historic Corridor, while preserving the corridor’s scenic quality. Policy LU-2.5 Attract and encourage higher-den- sity mixed use development along California Avenue, connecting to Downtown Fresno, FAX, and HSR with a future BRT line, to support a Mixed-Use Corridor. Policy LU-2.6 Attract and encourage office uses along Jensen Avenue, connecting the magnet core west of MLK Jr. Boulevard to Highway 41, in order to support a Jobs Corridor. Policy LU-2.7 Attract and encourage lower- density mixed use, commercial, and office uses along Elm Avenue to support a Mixed-Use and Jobs Corridor with the potential of a future BRT line to connect the southern portion of the Specific Plan Area to Downtown. 3-15Chapter 3 | Land Use Goal LU-3 Create a diversity of new com- plete neighborhoods that are safe, healthy, self-sufficient, walkable, and interconnected and strengthen existing neigh- borhoods so that they become a complete neighborhood. Policy LU-3.1 Encourage the development of centers, or nodes, within walking and biking distance of residents and surrounded by residences. Nodes should consist of a park, a school, and quality neighborhood retail and services. Policy LU-3.2 Encourage complete neighbor- hoods to be located at the intersections of major streets for easy access and high visibility, while ensuring safe ingress and egress (e.g., use of frontage roads). For existing neighborhoods, nodes should be created or strengthened with additional uses such as retail and/or parks. For potential new neighborhoods, nodes should be sited at a location accessible to both nearby residents in the new neighborhood and visitors from outside the neighborhood. Policy LU-3.3 Implement Crime Prevention Through Environmental Design (CPTED) principles and strategies in new residential, commercial, and open space development to help provide better safety and security. Goal LU-4 Maintain the use and character of existing residential neighbor- hoods, while improving the qual- ity of housing and encouraging homeownership, and remediate Southwest Fresno’s blighting conditions to improve the com- munity’s image, attract private investment, and create a pleasant living environment. Policy LU-4.1 Encourage programs that allow Southwest Fresno residents to become homeowners. Policy LU-4.2 Preserve the residential nature of existing residential neighborhoods in the Plan Area. Policy LU-4.3 Encourage programs that help fund the rehabilitation of old and deteriorating single-family and multi-family housing stock target- ing the most blighted properties and areas. Policy LU-4.4 Ensure minimum quality standards for rental housing and require all rental properties to comply with the City’s Rental Housing Improve- ment Act. Policy LU-4.5 Create design standards that promote high-quality, aesthetically- attractive, and architecturally-con- sistent building design for building improvements. Policy LU-4.6 Encourage prioritization of infill development within existing neigh- borhoods above new development in undeveloped areas. Policy LU-4.7 Promote and adhere to the City’s “Restore Fresno”code enforcement program that requires property owners to clean up visible blight, register vacant properties, and adhere to City codes. Policy LU-4.8 Establish an anti-displacement strategy and an anti-displacement and relocation program to mini- mize and avoid the displacement of existing residents outside of the Plan Area caused by new develop- ment. Southwest Fresno Specific Plan3-16 Goal LU-5 Provide a diverse range of hous- ing types in Southwest Fresno, preserving Southwest Fresno’s character as a primarily single- family residential community while providing higher-density housing in high activity areas. Policy LU-5.1 Encourage new residential development to be primarily single-family residences, especially in areas outside of magnet cores and corridors. Policy LU-5.2 Encourage new multi-family condominiums and apartments to be located in various contexts such as close to neighborhood nodes, near magnet cores, and along corridors so that higher-density housing is not concentrated in a single location within Southwest Fresno. Policy LU-5.3 Create affordable new single-family housing through the provision of smaller housing types on smaller lots. Goal LU-6 Provide opportunities for quality retail shopping at regional and neighborhood levels. Policy LU-6.1 Attract and encourage larger regional retail development at key locations that have good proximity, visibility, and access from the greatest number of people and neighborhood stores in neighbor- hood nodes and along corridors. Key locations include within the Regional Retail magnet core and College magnet core, which is also known as the MLK Activity Center. Policy LU-6.2 Discourage the expansion and/or development of potentially contro- versial retail uses such as pay day loans and liquor stores. Policy LU-6.3 Increase access to fresh, afford- able, and nutritious food sources with an emphasis on attracting and encouraging small and large food retailers such as grocery stores, farmers’ markets, nutrition programs, community gardens, and food stands to provide fresh, affordable, and nutritious foods. Policy LU-6.4 Encourage projects and programs to partner with local schools to increase healthy food choices for residents. Goal LU-7 Promote Southwest Fresno as an employment center with a mix of employment opportunities and types for residents and commut- ers. Policy LU-7.1 Promote a substantial increase in office uses to provide an environ- ment that fosters and serves the community’s business and profes- sional needs. Policy LU-7.2 Encourage large-scale office and institutional uses, including educational facilities, and medical facilities, to be located where vehicles and transit have access, and where they will attract other similar uses. Policy LU-7.3 Encourage smaller scale employ- ment uses such as professional of- fices to be located in more remote locations and along corridors. Goal LU-8 Address and mitigate West Fresno’s top ranking as most burdened by multiple sources of pollution by protecting the health and wellness of Southwest Fresno residents through regulating and reducing the negative impacts of industrial businesses and other sources of pollution. 3-17Chapter 3 | Land Use Policy LU-8.1 Plan and zone employment areas in Southwest Fresno for non- industrial businesses. All previously designated Light Industrial, Heavy Industrial, Business Park, and Regional Business Park land uses should be planned and zoned Office. Policy LU-8.2 Prioritize the “Reverse Triangle,” bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial develop- ment. Policy LU-8.3 When 85 percent of the “Reverse Triangle,” bounded by Jensen Av- enue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses. Policy LU-8.4 In collaboration with the ap- propriate local, State, and/or federal agency, regularly enforce and evaluate performance and performance standards on the operation of existing industrial activity related to air quality, odor, and noise, and vibration in order to maintain compatibility with adjacent neighborhoods and uses. Policy LU-8.5 Assess the compatibility of Indus- trial and heavy commercial land uses with existing neighborhoods through the completion of the Industrial Land Use Compatibility Study. The study should identify and adopt long-term solutions to address the findings from the as- sessment. Options should include greening strategies, relocation, and amortization. As a part of the planning process for the study, the City should work with the County, community, and stakeholders, such as business owners, to relocate truck routes away from neighbor- hoods to the extent possible. The study is to targeted completion date of the study is be completed by December 8, 2017 January 2019. Policy LU-8.6 Restrict residential development on or near toxic and/or hazardous sites without proper evaluation and mitigation as required by the California Environmental Quality Act (CEQA). Policy LU-8.7 Provide transparency and create a forum between government staff, government and elected officials, community members, business owners, and other stakeholders regarding existing and proposed industrial operations. Goal LU-9 Locate higher intensity develop- ment in magnet cores and along corridors to support a vibrant and pedestrian-friendly atmosphere. Policy LU-9.1 Create active street frontages by providing wide sidewalks with pedestrian-scaled streetscape amenities and orienting building entrances toward the street. Policy LU-9.2 Encourage parking to be con- solidated into parking structures and discourage large areas to be dominated by surface parking visible from the street. Screen parking lots with buildings and/or vegetation and tree planning. Policy LU-9.3 Design storefronts and street elevations to be inviting, interest- ing, and varied, especially at the ground level. Southwest Fresno Specific Plan3-18 Goal LU-10 Encourage development within complete neighborhoods to be convenient for residents and en- hance a sense of community. Policy LU-10.1 Provide a walkable environment within neighborhoods by slowing down traffic, providing wide sidewalks with drought-tolerant vegetation and street trees, and creating an interconnected pedes- trian network. Policy LU-10.2 Encourage buildings within neighborhoods to be compatible in scale with surrounding residential development. Goal LU-11 Promote sustainable, or “green”, building standards for new de- velopment to help improve the overall air quality within the Plan Area. Green building standards reduce greenhouse gas emissions and energy and water consump- tion from buildings, promoting environmentally responsible, cost-effective, and healthier places to live ad work. Policy LU-11.1 Encourage compliance with volun- tary residential and non-residential California Green Building Code (CALGreen) standards through CALGreen incentive programs. Chapter 4 | Development Regulations 4-1 DEVELOPMENT REGULATIONS A. INTRODUCTION This chapter describes the proposed regulations and standards for new development to achieve the Southwest Fresno Specific Plan (the Plan)’s guiding principles (described in Chapter 2, Vision) and land use policies in Chapter 3, Land Use. Throughout the planning process, the Southwest Fresno community provided guidance on the type of development they desired. These regulations support that vision. This chapter first describes the allowable land uses in each zoning district. In addition to the use regulations, two overlays are identified to ensure compatibility with the Plan’s vision and existing conditions. To support the development of special corridors, two active magnet cores, and new complete neighborhoods, the chapter outlines their objectives. Projects that strive to meet these guidelines will be favorably received during the application and permit process. Last, the chapter addresses ways to prevent crime using four key principles of environmental design. The Chapter is organized into the following sections: A. Introduction B. Use Regulations C. Kearney Boulevard Historic Corridor Overlay D. California Mixed-Use Corridor Overlay E. Objectives for Special Corridors, Magnet Cores, and Complete Neighborhoods F. Crime Prevention Through Environmental Design 4 Southwest Fresno Specific Plan4-2 RESIDENTIAL DISTRICTS The Plan Area includes the following residential zoning base districts (as shown in Figure 4-1): ■Residential Single-Family, Low Density (RS-3) ■Residential Single-Family, Medium Low Density (RS-4) ■Residential Single-Family, Medium Density (RS-5) ■Residential Multi-Family, Medium High Density (RM-1) ■Residential Multi-Family, Urban Neighborhood (RM-2) The previous chapter described the land uses allowed in each of these zones, as well as the character within each district. The zoning require- ments for the RS-3, RS-4, and RS-5 districts are addressed in Article 9 - Residential Single-Family Districts of the Citywide Development Code. The RM-1 and RM-2 districts are addressed in Article 10 - Residential Multi-Family Districts. The Plan is recommending that some additional uses be allowed in certain zone districts. Implementation of these revisions could occur as part of a future text amendment to the Development Code. The City should consider Citywide zoning amendments to accommodate the changes in the future as part of a separate process after the Plan’s adoption. They are described as follows. B. USE REGULATIONS The following section describes the various zoning base districts that fall within the Plan Area and specifies what types of land uses are permitted in specific base districts, and which land uses are considered “conditional,” that is, only allowed if they follow a more specific set of rules. The Citywide Use Regulation categories are as follows: ■Permitted Uses. Those uses permitted in the base district, subject to the limitations and conditions set forth therein. ■Uses Subject to a Conditional Use Permit. Those uses permitted in the base district, subject to the limitations and conditions set forth therein. ■Uses Not Permitted. The uses expressly prohibited by the provisions of the base district. The Use Regulations in this chapter follow the City- wide Development Code’s base districts categories and, unless otherwise specified, are unchanged. Multifamily housing. Single-family housing. Chapter 4 | Development Regulations 4-3 Medium-high Density Residential (RM-1) The Specific Plan zoning for Medium-high Density Residential use regulations differs from the base zoning in the Citywide Development Code in regard to Corner Commercial. Per the Citywide Develop- ment Code, the purpose of Corner Commercial is to “allow for the development of small-scale, neighborhood-serving commercial establishments that can provide convenient, walkable access to important amenities and that can increase the sense of community and value to the surrounding neighborhood.” It is currently Not Permitted in the Medium-High Density Residential district; the Specific Plan recommends Corner Commercial shall be a Conditional Use if it meets the following requirements: ■Not on a local street ■Sales area is 1,500 square feet or less ■Provides fresh fruits and vegetables ■Does not provide alcohol Urban Neighborhood Residential (RM-2) The Specific Plan zoning for Urban Neighborhood Residential use regulations differs from the base zoning in the Citywide Development Code in regard to Corner Commercial. It is currently Not Permitted in the Urban Neighborhood Residential district; the Specific Plan recommends Corner Commercial shall be a Conditional Use if it meets the following requirements: ■Not on a local street ■Sales area is 1,500 square feet or less ■Provides fresh fruits and vegetables ■Does not provide alcohol MIXED-USE DISTRICTS The Specific Plan Area includes the following mixed-use districts (as shown in Figure 4-1): ■Neighborhood Mixed-Use (NMX) ■Corridor/Center Mixed-Use (CMX) The previous chapter described the land uses allowed in these two zones, as well as the character within each district. These mixed-use districts are addressed in Article 11 of the Citywide Zoning Code. However, there is one change to the use regulations in the Citywide Development Code in the Plan Area described as follows. Corridor/Center Mixed-Use (CMX) TSpecific Plan zoning for Corridor/Center Mixed- use use regulations differs from the base zoning in the Citywide Development Code in regard to Elderly and Long-term Care. The Citywide Develop- ment Code defines Elderly and Long-term Care as “establishments that provide 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes and convalescent hospitals, but not Resi- dential Care, Hospitals, or Clinics.” It is currently Not Permitted in the Corridor/Center Mixed-use district; the Specific Plan recommends Elderly and Long-term Care be a Conditional use. COMMERCIAL DISTRICTS The Specific Plan Area includes the following commercial districts (as shown in Figure 4-1): ■Commercial − Community (CC) ■Commercial − Regional (CR) The previous chapter described the land uses allowed in these two zones, as well as the character within each district. These commercial districts are addressed in Article 12 of the Citywide Develop- ment Code. Southwest Fresno Specific Plan4-4 EMPLOYMENT DISTRICTS The Specific Plan Area includes the Office (O) employment zoning district (as shown in Figure 4-1). However, the Sphere of Influence (SOI) outside the Plan Area includes the following “specific limitations” to the employment zoning district, designated as: ■Office Restricted (O-No Auto) ■Office* (O*) The Office district is addressed in Article 13. The previous chapter described the land uses allowed in the Office district and the specific limitations of Office Restricted within the SOI, (shown in Figure 3-1). However, there are some changes to the use regulations in the Citywide Development Code in the SOI. They are described as follows. Office Restricted (O-No Auto) Overlay A number of parcels along the south side of Jensen Avenue in the SOI have been identified as Office-No Auto. The Specific Plan recommends that a future amendment be considered to create an Office Restricted Overlay to be applied to specific Office parcels that restrict auto uses. The parcels designated as Office Restricted (O-No Auto) are identical to the Office zone, however have the following “specific limitations”: Automobile/Vehicle Sales and USE CLASSIFICATIONS BASE ZONING SPECIFIC PLAN ZONING Automobile Rentals Permitted Not Permitted Automobile/Vehicle Repair, Major Permitted Not Permitted Automobile/Vehicle Repair, Minor Permitted Not Permitted Large Vehicle and Equipment Sales, Service and Rental Permitted Not Permitted Service Station Permitted Not Permitted Veterinary Services Conditional Permitted if indoor only Healthy Food Grocer Conditional Permitted TABLE 4-1 Office Restricted (O-No Auto) Use Regulations in the Specific Plan vs. Base Zoning Services are prohibited. Table 4-1 indicates “special limitations” for Office Restricted use classifications that differ from the base zoning in the Citywide Development Code. Office* (O*) The Office* zoning district refers to parcels within the SOI zoned as Office, located south of North Avenue and west of Highway 41, and shall allow office and light industrial uses only after 85 percent of the land in Fresno’s “Reverse Triangle” area is occupied with heavy industrial uses. Until then, the requirements described in the Office section above apply. PUBLIC AND SEMI-PUBLIC DISTRICTS The Specific Plan Area includes the following public zoning districts: ■Open Space (OS) ■Parks and Recreation (PR) ■Public and Institutional (PI) The previous chapter described the land uses allowed in the Open Space, Parks and Recreation, and Public and Institutional districts, as well as the desired character in each. The Public and Semi- public districts are addressed in Article 14. Chapter 4 | Development Regulations 4-5 C. KEARNEY BOULEVARD HISTORIC CORRIDOR OVERLAY Kearney Boulevard has been described as one of the most “striking drives in all of California.”1 The Kearney Boulevard Gateway (east of the Plan Area) marks the entrance to this notably historic corridor, and is recognized on the Local Register of His- toric Resources. The Boulevard runs for 1.7 miles through the Plan Area where it is categorized as a Scenic Collector in the General Plan; it continues westeast and makes a dramatic s-curve in the SOI; here it is categorized as a Scenic Drive. PURPOSE In order to preserve and enhance Kearney Bou- levard’s historic character, it requires an historic corridor overlay to ensure new residential develop- ment and streetscape treatment is respectful of its character (see Figure 4-1). When developed in 1900, the boulevard was planted with 50,000 eucalyptus and palm trees and oleander shrubs, many of which continue to define the corridor to- day. New development should respond to the scale of existing residential development along Kearney Boulevard. Large, single-family houses, duplexes, or triplexes are encouraged. Frontages facing Kearney Boulevard must be well-designed and use quality building materials. USES The Kearney Boulevard Historic Corridor Overlay includes the following abutting land uses (base zoning): ■Medium-high Density Residential (RM-1) ■Medium-low Density Residential (RS-4) ■Low Density Residential (RS-3) ■Open Space (OS) 1 Historic Spots in California: Fifth Edition Looking down the Historic Kearney Boulevard lined with oleander bushes, palm trees, and eucalyptus trees (in the distance). The impressive tree-lined boulevard can be seen from a distance. Single-family housing lines the frontage roads in the developed areas. Southwest Fresno Specific Plan4-6 DEVELOPMENT AND DESIGN STANDARDS All development shall respect Kearney Boulevard’s status as a Historic Resource on the Local Register and as an eligible candidate for the National Register of Historic Places and in so doing shall follow any guidelines or requirements set forth by those registers. The following Development Standards apply to development within 100 feet of the property line along Kearney Boulevard in the Historic Corridor. ■Street Trees and Landscaping. In keeping with the historic character, the existing palm trees shall remain unless they are causing a health or safety threat. New development shall plant new palm trees, eucalyptus trees, and oleander bushes along Kearney Boulevard in keeping with the historic tree pattern to fill in gaps when trees and landscaping are missing along front property lines. Eucalyptus trees are not exempt from the Tree Removal Permit along this corridor. ■Frontage Road Configuration. All development shall continue the historic configuration of the boulevard with frontage roads on either side separated by planted side medians. ■Building Orientation. All new buildings shall be oriented toward the Historic Corridor with front doors facing it. The residential neighborhoods along Historic Kearney Boulevard’s frontage roads are defined by street trees, front setbacks, and large ranch-style single-family homes facing the boulevard. The boulevard’s right-of-way includes frontage roads even in undeveloped areas. ■Front Setback. All new buildings shall match the existing front setback of neighboring properties. If neighboring properties’ permitted front setbacks vary, new building shall match the setback of the majority of buildings on the block. ■Walls and Fences. Front fences shall be a maximum of 3 feet in height and shall be either: 1) made of wrought iron or tubular steel and open a minimum of 80 percent (e.g., no more than 20 percent opaque) to allow for the passage of light and air; or 2) a picket fence made of wood and open a minimum of 50 percent (e.g., no more than 50 percent opaque). Walls and fences that do not meet this description are not permitted within the required front yard setback. Chapter 4 | Development Regulations 4-7 41 41 180 99 99 REGIONAL RETAIL MAGNET REGIONAL RETAIL MAGNET REGIONAL RETAIL CORRIDOR REGIONAL RETAIL CORRIDOR KEARNEY BOULEVARD HISTORIC CORRIDOR OVERLAY KEARNEY BOULEVARD HISTORIC CORRIDOR OVERLAY CALIFORNIA AVE MIXED-USE CORRIDOR OVERLAY CALIFORNIA AVE MIXED-USE CORRIDOR OVERLAY COMMUNITY COLLEGE MAGNET COMMUNITY COLLEGE MAGNET JOBS CORRIDOR JOBS CORRIDOR MIXED-USE/ JOBS CORRIDOR MIXED-USE/ JOBS CORRIDOR NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP NPNP RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC PP RR CZCZ CMXCMX CMXCMX CMXCMX NMXNMX PFPF OSOSOSOSWEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEDUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVEM S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ O N E S A V E IR WI N A V E KERN STINYO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJE N SE N AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNI A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVE00.25mi 0.25mi FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes Overlay 100 feet from the Property Line along Corridor Street RESIDENTIAL EMPLOYMENTMIXED-USE OPEN SPACE PUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium-high Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium-low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity LimitPlan Area GeneralG Open Space OS ¼-mile from Complete Neighborhood Nodes Magnet Core Area Special Corridors Source: City of Fresno FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes Figure Replaced Southwest Fresno Specific Plan4-8 41 41 180 99 99 REGIONAL RETAIL MAGNET REGIONAL RETAIL MAGNET REGIONAL RETAIL CORRIDOR REGIONAL RETAIL CORRIDOR KEARNEY BOULEVARD HISTORIC CORRIDOR OVERLAY KEARNEY BOULEVARD HISTORIC CORRIDOR OVERLAY CALIFORNIA AVE MIXED-USE CORRIDOR OVERLAY CALIFORNIA AVE MIXED-USE CORRIDOR OVERLAY COMMUNITY COLLEGE MAGNET COMMUNITY COLLEGE MAGNET JOBS CORRIDOR JOBS CORRIDOR MIXED-USE/ JOBS CORRIDOR MIXED-USE/ JOBS CORRIDOR NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP NPNP RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC CPCP RR CZCZ CMXCMX CMXCMX EE NMXNMX PFPF OSOSOSOSWEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEDUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVEM S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ O N E S A V E IR WI N A V E KERN STINYO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT ON M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH OM E R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJE N SE N AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNI A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVE00.25mi 0.25mi FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes Overlay 100 feet from the Property Line along Corridor Street RESIDENTIAL EMPLOYMENTMIXED-USE OPEN SPACE PUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium-high Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium-low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity LimitPlan Area GeneralG Open Space OS ¼-mile from Complete Neighborhood Nodes Magnet Core Area Special Corridors Source: City of Fresno FIGURE 4-1 Land Uses with Overlays, Special Corridors, Magnet Cores, & Neighborhood Nodes Revised Figure Chapter 4 | Development Regulations 4-9 Wide sidewalks, pedestrian-scaled lighting, and varied storefronts and building entries activate mixed-use streets. Multifamily residential facing the street. D. CALIFORNIA AVENUE MIXED-USE CORRIDOR OVERLAY PURPOSE California Avenue runs east-west through the Plan Area connecting to Downtown Fresno. The mixed-use corridor overlay is intended to encourage a mix of uses along the bus rapid transit (BRT) corridor. As a transit corridor, it shall be developed with active uses that provide jobs and services; development shall create a pleasant walkable environment so people using transit can easily get from place to place. USES The California Avenue Mixed-Use Corridor Overlay includes the following abutting land uses (base zoning): Corridor/Center Mixed-Use (CMX) ■Urban Neighborhood Residential (RM-2) ■Medium Density Residential (RS-5) ■Medium-low Density Residential (RS-4) ■Public and Institutional (PI) ■Parks and Recreation (PR) DEVELOPMENT AND DESIGN STANDARDS ■Residential Building Orientation. Where new residential uses are built along the corridor, residences shall face the corridor. ■Walls. Walls are not permitted within the required front yard setback nor between residential uses and California Avenue. Single-family residential facing the street without walls. Southwest Fresno Specific Plan4-10 E. OBJECTIVES FOR SPECIAL CORRIDORS, MAGNET CORES, AND COMPLETE NEIGHBORHOODS As Southwest Fresno grows and introduces more types of development into the area, regulating its urban form will be an important aspect to ensur- ing quality development that fosters a vibrant, convenient, safe, and healthy environment. Urban form is the term used to describe the design and character of an urban environment; urban form is governed by development standards in the Citywide Development Code, including standards for building heights, spacing between buildings, whether they face the street or a parking lot, and how many doors and windows they have. Chapter 2, the Vision Chapter, introduced how the Plan Area will be developed around corridors, magnet cores, and complete neighborhoods. The following sections describe the objectives of these areas in more detail. These objectives are conceptual and are not standards or requirements. The Complete Street Guidelines in Chapter 5 illustrate the necessary streetscape improvements to enhance the public realm of these corridors, magnet cores, and complete neighborhood nodes, including sidewalks, crossings, bicycle facilities, transit, streetscape amenities, and green infra- structure. All public right-of-way guidelines are addressed in Chapter 5. CORRIDORS In addition to the Kearney Boulevard Historic Cor- ridor Overlay and the California Boulevard Mixed- Use Overlay, three special corridors were identified as key streets with their own distinct character in the Vision for Southwest Fresno (Chapter 2). They are lined with higher, more concentrated develop- ment types and/or have multimodal improvements such as pedestrian, bicycle, and transit facilities. The urban form along these special corridors will be defined by the area’s most intensive and tallest developments, especially in areas with mixed-use buildings. Development along these special cor- ridors will be compact to create a dynamic, transit- and pedestrian-friendly atmosphere. Buildings and their main entrances will be oriented towards the street. Each corridor’s objective is described in the follow- ing sections; their locations are noted in Figure 4-1. Each corridor shall be prioritized as a complete street, as described in Chapter 5’s Complete Streets Design Guidelines section. New, high-quality development will have a variety of stores, architectural features, landscaping, and lighting. Chapter 4 | Development Regulations 4-11 Regional Retail Corridor Objective The Regional Retail Corridor is located along Whites Bridge Avenue for almost the entire length of the Plan Area, starting five parcels east of Valentine Avenue and ending at Roeding Drive. It is the area with the greatest opportunity to create a regional retail center given its proximity to the Highway 180 and Marks Avenue interchange. Because it will be a regional draw, the Regional Retail Corridor will accommodate regional traffic and be well-signed. Given the anticipated housing and office along the corridor, the uses along the corridor will be devel- oped to provide easy pedestrian access between developments and to the public right-of-way. Mixed-Use/Jobs Corridor Objective A Mixed-Use/Jobs Corridor along Elm Avenue running north-south through the Plan Area from Downtown Fresno is intended to encourage a lively mix of uses with an emphasis on employment uses. The Mixed-Use/Jobs Corridor Elm Avenue will benefit from a future BRT line or enhanced transit service connecting Downtown to the southern portion of the Plan Area, and California Avenue BRT along the way, as well as the existing Class II bike lanes along the corridor. Development will create an environment that invites pedestrian activity. In areas where residential uses are in close proximity to commercial uses, development will be designed to be compatible. Jobs Corridors Objective A Jobs Corridors is identified as an employment fo- cus area along Jensen Avenue throughout the Plan Area, connecting the heart of Southwest Fresno to Highway 41. These corridors will be Southwest Fresno’s employment areas and will be home to office uses, services, and non-industrial employ- ers. Development will include Class I bike paths, as described in Chapter 5’s section on Bicycles & Trails, to allow people to bike to work and access commercial services before and after work. An office complex wraps around an open space area and includes amenities such as seating and pedestrian- scaled lighting. A mixed-use building with ground-floor retail facing the street, bicycle parking, and upper story balconies encourage pedestrian activity. Landscaped shoping center parking lot with designated pedestrian sidewalk and lighting. Southwest Fresno Specific Plan4-12 MAGNET CORES As described in the Vision for Southwest Fresno (Chapter 2), magnet cores are home to high intensity uses that attract other supporting higher intensity uses. There are two magnets within the Plan Area: 1) A Regional Retail Magnet Core is cen- tered between Whites Bridge Avenue and Highway 180; and 2) A Community College Magnet Core is centered on the parcels between Church Avenue, Walnut Avenue, Jensen Avenue, and Martin Luther King Jr. Boulevard focused on a college and associ- ated mix of uses. Regional Retail Magnet Core Objective The Regional Retail Magnet Core is envisioned as Southwest Fresno’s regional retail center. Taking advantage of the proximity to the Whites Bridge Avenue exit on Highway 180, this magnet core will not only attract shoppers from Southwest Fresno, but also regional shoppers via Highway 180. It is targeted for the highest concentration of regional retail uses. Community College Magnet Core Objective The Community College Magnet Core is envisioned to be a hub of new activity in the area of Southwest Fresno referred to as the “MLK Activity Center.” The community has a preference to see this area become a community college campus with a mix of adjacent uses to support it, including hous- ing and commercial. It could also be a hub for medical facilities or a combination of compatible high-activity magnet uses. This magnet core is envisioned to be similar in character to the Mixed- Use Corridor because of its mix of active land uses and pedestrian environment. The new campus, whether it is educational or medical, will be the heart of this magnet. Like the special corridors, the urban form around this magnet core will be defined by the area’s most intensive and tallest develop- ments. Development will be compact to create a dynamic, transit village atmosphere. Buildings and their entrances will be oriented towards the street or public open spaces and be complemented by a pedestrian-friendly atmosphere. Shopping center with entryway, pedestrian plaza, lighting, attractive materials, and signage. A community college campus with central open space linked to pedestrian pathways, academic buildings, and the neighborhood. Source: Atomic Taco A medical campus with landscaping and quality architectural features. Chapter 4 | Development Regulations 4-13 F. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN Urban form impacts how people interact with public spaces, affects their sense of safety and security in the public realm, and encourages or discourages how they get around, among many other behaviors. As Southwest Fresno is developed, streets, parks, and buildings should be designed using the principles of Crime Prevention through Environmental Design (CPTED). CPTED is a crime prevention philosophy based on the theory that the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime, as well as an improvement in the quality of life. CPTED is a process and a way of thinking about crime. It is not a program or system of ready-made solutions. CPTED emphasizes under- standing and changing the physical environment in an effort to reduce crime at particular locations. CPTED is effective because of the concept of “defensible space”. This concept suggests that all space in the human environment is defendable; a guardian can take responsibility for the space and take action to defend it from non-legitimate, criminal, or unintended use. To help defend a loca- tion, there are four overlapping CPTED strategies that need to be employed: 1) Natural Surveillance, 2) Territorial Reinforcement, 3) Access Control, and 4) Maintenance. The Citywide Development Code enforces each of these strategies. COMPLETE NEIGHBORHOODS OBJECTIVE Development further away from magnet cores and corridors will consist of lower-intensity complete neighborhoods. These complete neighborhoods will have housing, services, employment, and recreation all within walking distance. Although smaller in scale, development at the heart of each complete neighborhood will still be compact to allow residents to reach commercial services and public facilities in a walkable, pedestrian-friendly environment. Rather than large retail establish- ments, each neighborhood will have small com- mercial establishments to provide services to their community. As Southwest Fresno transitions from its agricultur- al and industrial roots, residential neighborhoods will be designed in a manner that supports health and wellness. It is essential to develop complete neighborhoods that include an efficient and diverse mix of residential densities, building types, and af- fordability. The communities will be designed to be healthy, attractive, and centered by schools, parks, and public and commercial services to provide a sense of place and provide as many services as pos- sible within walking distance. At the heart of each neighborhood will be a cluster of commercial uses, parks, and schools located to serve the surrounding residents. These neighborhood nodes located at key intersections will be visible, accessible, and inviting to passersby traveling on foot, bike, bus, or private vehicle (see Figure 4-1). Houses looking over a neighborhood park and pedestrian crossings put more eyes on the public realm. Neighborhood-serving retail with trees, landscaping, lighting, small public plaza, and pedestrian zones will be in every complete neighborhood node. Southwest Fresno Specific Plan4-14 NATURAL SURVEILLANCE Design buildings and open space so they are in view of residents, workers, shoppers, and pass- ersby. Putting more eyes on the street provides natural surveillance. Place physical features, activities, and people in locations that maximize the ability to see what is occurring in a given space. Properly trim and maintain landscaping to allow for visibility. Scale lighting for the pedestrian environ- ment. Site new fire and police stations adjacent to parks, trails, and schools. TERRITORIAL REINFORCEMENT Design spaces that clearly define boundaries and ownership. Define as public, private, or semi- public/semi-private. Install low decorative fencing around the semi-private outdoor patio of a busi- ness. Install proper signage that communicates the ownership of a space and the rules of its use. ACCESS CONTROL Design physical controls to limit physical movement to and from a space; use strategic placement of entrances, exits, fencing, landscaping, locks, and other barriers. Design well-marked pedestrian pathways through parking lots to give direction to its users, and create a safer path of travel by alert- ing drivers to pedestrian zones. Place bollards near the entrance of a park to prevent vehicle entry but allow pedestrian entry. MAINTENANCE Ensure the upkeep of an area or building over time to demonstrate that someone cares about a space, is watching, and will defend the property against crime. Outdoor dining, clear pedestrian zone, and well-kept sidewalk signal that this area is looked after. Pedestrian pathways through parking areas help people feel safer walking to destinations. Housing overlooking a neighborhood park can provide natural surveillance. Chapter 5 | Transportation 5-1 TRANSPORTATION A. INTRODUCTION Since Southwest Fresno has a relatively low level of development, there is significant opportunity for future transportation improvements. Currently, Southwest Fresno’s patchwork pattern of develop- ment, with residential neighborhoods separated by vacant or agricultural lands, has created a sporadic street infrastructure network. This has led to disconnected neighborhoods in the Plan Area and transportation inefficiencies. To increase mobility within the Southwest Fresno Specific Plan Area (Plan Area), transportation improvements for various modes of travel are critical to improve the convenience and facilitation of how people travel within and beyond Southwest Fresno. Improve- ments to the transportation network will not only help bring existing Southwest Fresno neighbor- hoods up to par with the rest of the city, but will also serve future anticipated development and residents in Southwest Fresno. This chapter describes proposed improvements to the transportation network in Southwest Fresno to support all modes of travel, including transit, active forms of transportation like walking and biking, automobile, and goods movement. Considering all modes of travel for Southwest Fresno will enable a comprehensive and balanced network of streets that thoughtfully considers traffic congestion, greenhouse gas emissions, and the abilities of all users of the transportation network. The Chapter is organized into the following sections: A. Introduction B. Transportation Improvements C. Complete Streets Design Guidelines D. Goals and Policies 5 Southwest Fresno Specific Plan5-2 Existing sidewalk with street trees. Inconsistent sidewalks in a Southwest Fresno neighborhood. B. TRANSPORTATION IMPROVEMENTS This section describes the existing, planned, and recommended improvements to the transportation network in Southwest Fresno. Planned improve- ments are referenced from completed plans, including the Fresno General Plan (General Plan), the Fresno Active Transportation Plan (ATP), and the Highway 41 + North Corridor Complete Streets Plan. PEDESTRIAN The Plan Area has inconsistent sidewalks; they are most notably absent in undeveloped areas and on streets that transition between the City of Fresno and the unincorporated County (see Figure 5-1). Inconsistent sidewalks can limit neighborhood ac- cess and walkability. The Fresno ATP identifies one “underserved neighborhood” within the Plan Area that lacks sidewalks (see Figure 5-1). Since this area is considered a “high priority area,” the City should prioritize implementing sidewalk infrastructure and improvements in these neighborhoods to improve pedestrian travel. The Fresno ATP also prioritizes sidewalk improve- ments on arterials and collectors with land uses and socioeconomic characteristics that generate higher pedestrian travel demand. Currently, there is a lack of sidewalks along the Plan’s proposed major corridors (Whites Bridge Avenue, California Avenue west of West Avenue, and Jensen Avenue), notably in areas that are undeveloped. As develop- ment occurs in areas around corridors, and within magnet cores and complete neighborhoods, continuous and wide sidewalks should be imple- mented accordingly to provide pedestrian access and create a pedestrian-friendly environment. These improvements are described in detail in the next section (Complete Streets Design Guidelines). Lesser pedestrian improvements (i.e. standard sidewalks) should be provided on other roadways between magnet cores and along routes with less pedestrian demand. The recently completed Highway 41 + North Corridor Complete Streets Plan proposes sev- eral pedestrian improvements in the Plan Area’s underserved neighborhood identified in the Fresno ATP, including: ■High-visibility crosswalks at Martin Luther King Jr. Boulevard, South Clara Avenue (recently installed), and South Elm Avenue along North Avenue ■A pedestrian activated signal (i.e., pedestrian hybrid beacon) at the intersection of North and South Clara Avenues ■A temporary asphalt sidewalk on the south side of North Avenue between Martin Luther King Jr. Boulevard and South Elm Avenue ■A completed sidewalk network, particularly on North Avenue, South Clara Avenue, Martin Luther King Jr. Boulevard, South Ivy Avenue, and East Annadale Avenue Chapter 5 | Transportation 5-3 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ O N E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C OLLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFO RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-1 Existing and Planned Sidewalk Network Existing Sidewalk Missing Sidewalk Underserved Neighborhood/ Priority Pedestrian Area within Plan Area Source: City of Fresno; 2017 Fresno Active Transportation PlanFIGURE 5-1 Existing and Planned Sidewalk Network Southwest Fresno Specific Plan5-4 Jogger using a frontage road as a running trail along Kearney Boulevard. In addition to sidewalk infrastructure, measures that improve the walking experience and address pedestrian accessibility and walkability should be encouraged throughout the Plan Area. These improvements may include, but are not limited to: high-visibility crosswalks, curb bulbouts, trees, and landscaping to provide shade and buffer between sidewalks and higher speed traffic, rectangular rapid flashing beacons (RRFBs), and pedestrian hybrid beacons (PHBs), where applicable (such as at uncontrolled crosswalks between signalized intersections in high pedestrian activity areas). These types of improvements are particularly important near schools, parks, and shopping areas, within magnet cores, along transit corridors, and on the high intensity corridors where pedestrian activity is greatest. In these areas, traffic calming measures should be implemented to reduce travel speeds, which will reduce collision frequency and severity. These are discussed further in the Complete Streets Design Guidelines section later in this chapter. BICYCLE AND TRAILS The Plan Area has a very limited bicycle and trail network, which in turn does not support bicycling as an alternative to vehicle travel. There are a few bike lanes in the east-west direction, but they run in short segments and are often discontinuous. The Plan Area has one continuous bike lane along Elm Avenue, which connects to the bicycle network in Downtown Fresno. “Trails” as described within this Plan refer to Class I bike paths, which are multi-use pathways separated from vehicle traffic and shared between bicyclists and pedestrians. Currently, there are no existing trails within the Plan Area; just outside of the Plan Area, there is an existing trail along Kearney Boulevard west of Brawley Avenue to Kearney Park. The Fresno ATP, which incorporates recommenda- tions from the General Plan, recommends a bikeway system that is primarily comprised of Class II bike lanes and follows the natural grid network of arterial and collector streets within the Plan Area (see Figure 5-2). Descriptions of the different classes of bikeways can be found on page 5-24 in the Complete Streets Design Guidelines section. The provision of Class II bike lanes on every arterial within the Plan Area would create a well-connected bicycle network and provide continuous travel through complete neighborhoods, within magnet cores, and along corridors. Bicycle facilities should be prioritized along corridors and other streets that provide connections to high intensity activity areas. The Fresno ATP also indicates that planned Class II bike lanes could be considered for Class IV treat- ment during the project development phases. The ongoing Fresno Council of Governments’ Separated Bikeway Feasibility Study may identify additional corridors for Class IV implementation. The recently completed Highway 41 + North Corridor Complete Streets Plan proposes buffered bike lanes on either side of the street along North Avenue, focused between Martin Luther King Jr. Boulevard and Elm Avenue (see Figure 5-3 taken from the Highway 41 + North Complete Streets Corridor Plan). Planned future right-of-way (ROW) expansion can also accommodate this improve- ment when the existing roadway is widened. The City is preparing an official plan line for North Existing Class II bike lane in Southwest Fresno. Chapter 5 | Transportation 5-5 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O L LI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJE NSEN AVE CHURCH AV E VALENTINE AVEMADI SON AVE KEA RNEY B LVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORN IA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-2 Existing and Planned Bicycle and Trail Network Existing Class I (Multi-Use Trail) Existing Class II Existing Class III Priority BikewaysPlanned Class I (Multi-Use Trail) Planned Class II Planned Class III Planned Class IV Sources: City of Fresno; 2017 Fresno Active Transportation Plan; Fresno General Plan Figure MT-2 Path and Trails (2017) FIGURE 5-2 Existing and Planned Bicycle and Trail Network Southwest Fresno Specific Plan5-6 Avenue to establish the long-term ROW, which will determine which existing property lines will require assessment for potential parcel acquisition. Figure 5-3 shows planned long-term improvements for North Avenue, which includes buffered bike lanes on both sides of the street, no on-street parking, two travel lanes, a center two-way left-turn lane, and a wide sidewalk on the south side of the North Avenue. This improvement was reflected in the Fresno ATP, designating North Avenue as a Class II facility. The proposed Class I bike paths/multi-use trails in Figure 5-2 were identified in the Fresno ATP and recently amended General Plan Path and Trails Map. These separated bikeways provide more attractive facilities for the greater population, and are particularly beneficial along major corridors and connecting magnet cores where traffic volume is anticipated to be greatest. Proposed Class I trails in the Plan Area are included along arterials, such as Marks, Church, Jensen, and North Avenues, as well as pathways along irrigation canals that travel in a diagonal direction across the Plan Area. The canal pathways provide a more scenic and low-traffic option for travel. Trails along the canals connect to the east-west and north-south trails system to provide continuity and access to major destinations. For the trail along Jensen Avenue (the Jobs Corridor), it is recommended that the location of the separated pathway not conflict with pro- posed office development, associated office service activities (e.g., loading and unloading), and high intensity traffic. For example and if appropriate, the separated pathway could be a parallel pathway on private office development. TRANSIT Due to the Plan Area’s limited development, not all of the Plan Area is served by fixed route Fresno Area Express (FAX) bus transit. Existing transit lines are focused around existing residential neighbor- hoods and provide connections to Downtown (see Figure 5-4). However, there are a few residential neighborhoods that are not within walking distance of a transit line such as the neighborhood west of Marks Avenue and north Kearney Boulevard, as well as the neighborhood north of North Avenue and west of Walnut Avenue. It should also be noted that the current FAX service does not provide ac- cess to the Plan Area’s regional park, the Regional Sports Complex. Source: 2016 Highway 41 + North Corridor Complete Streets Plan FIGURE 5-3 North Avenue Long-term Alternative Cross Section: Class II Buffered Bike Lanes Chapter 5 | Transportation 5-7 1 3 2 2 2 2 1 3 180 99 99 41 41 M A GNET M A GNET WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O NO STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U L T O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJE NSEN AVE CHURCH AV E VALENTINE AVEMADI SON AV E KE ARNEY B LV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVET Sphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-4 Existing and Potential Transit Routes Existing FAX Routes Other FAX Routes 30 32 34 38 Recommended Bus Rapid Transit (BRT) Corridors 1 2 3 Planned BRT Corridor per Fresno General Plan Recommended BRT CorridorsEnhanced Transit Improvements per FAX Recommended BRT CorridorEnhanced Transit Improvements per the Plan Potential Restructured Routes per FAX Potential Removal of Existing Route 29 (BRT) 38 31 T Transit Center T Other FAX Routes Sources: City of Fresno; Fresno Area Express (FAX); 2015 FAX Final Service Plan Layout Future Transit Center with HSRT FIGURE 5-4 Existing and Potential Transit Routes Southwest Fresno Specific Plan5-8 FAX transit stop with basic amenities in Southwest Fresno. The General Plan states that Bus Rapid Transit (BRT) is envisioned on California Avenue connect- ing Southwest Fresno with Downtown as part of the second phase of BRT implementation. As the Plan Area becomes more developed, the Plan recommends that in addition to California Avenue (the Mixed-Use Corridor), transit service should be prioritized on the other proposed high intensity corridors, which include Whites Bridge Avenue, Church Avenue, and Elm Avenue, in order to provide better access between existing and new residential areas to employment, retail, and com- mercial uses. The Plan recommends that enhanced transit services also be implemented along Elm Avenue to provide an improved connection for commuters between Elm Avenue’s anticipated office uses to and from Downtown, the FAX bus terminal, and the High-Speed Rail (HSR) station. Transit routes should also be considered on con- necting streets between the major corridors and activity centers such as supermarkets, commercial areas, and employment areas. Additional transit routes would need to be provided and connect to magnet cores and Downtown. There could be potential for a local transit circulator connecting areas of higher density within Southwest Fresno, in addition to the existing transit service that connects Southwest Fresno’s magnet cores with Downtown Fresno. There could be a potential transit center linking multiple transit routes at one or more of the magnet cores. Additional service locations are established through a public process as defined by the Federal Transportation Administration under Title VI. FAX will undergo this type of planning effort in spring or summer fall of 2017 to restructure routes, extend night service, and extend weekend service with the intention of adding more neighborhood-based services in areas west of Highway 99, including Southwest Fresno. FAX recently prepared a po- tential restructured service plan layout for better enhanced and more reliable service. Figure 5-4 shows FAX’s potential routes compared to existing FAX service, which includes new BRT service along Martin Luther King Jr. Boulevard from Jensen Avenue to the northern boundary of the Plan Area. This BRT line would serve the MLK Activity Center to its west. The Plan proposes to maintain FAX service along C and Santa Clara Streets so that the recommended enhanced transit service along Elm Avenue can continue south connecting to Downtown. As the Plan Area develops, regular and rapid transit routes within Southwest Fresno should be routinely evaluated to consider whether any routes should be rerouted and/or expanded to link existing and new residential areas to existing and new commercial, employment, parks, and public facility uses. VEHICLES Southwest Fresno’s existing low traffic volumes allow more opportunities for streets to accom- modate additional traffic from future development within the current roadway ROW. There is also opportunity to potentially repurpose additional roadway ROW from existing streets, especially in undeveloped areas, to provide bicycle, pedestrian, and transit facilities. The General Plan proposed several roadway widen- ings to the Plan Area’s existing roadway network and the completed Highway 41 + North Corridor Complete Streets Plan also proposes roadway modifications for North Avenue from Martin Luther King Jr. Boulevard to Elm Avenue to have two travel lanes with a center turning lane. These planned roadway improvements are reflected in Figure 5-5. Based on the Fresno General Plan Master Environ- mental Impact Report (GP MEIR) and the Highway Chapter 5 | Transportation 5-9 Existing Number of Lanes 1 2 3 4 M A GNET M A GNET 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJEN SEN AVE CHURCH AV E VALENTINE AVEMADI SON AV E KE ARN EY BLV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNI A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-5 Existing and Planned Number of Roadway Lanes Number of Roadway Lanes* 1 Lane 2 Lanes 3 Lanes 4 Lanes Potential additional roadway lanes; four or six lanes may be required for Regional Retail Corridor 1 1 2 3 2 2 2 3 Potential additional roadway lanes for key connections near magnet cores Potential reduction in roadway lanes (to two lanes) on Mixed-Use Corridor Sources: City of Fresno; 2035 Fresno General Plan Southwest Fresno Specific Plan’s Proposed Modifications *Based on Fresno General Plan (i.e., Figure MT-1) and Fresno General Plan Master Environmental Impact Report Analysis FIGURE 5-5 Existing and Planned Number of Roadway Lanes Figure Replaced Southwest Fresno Specific Plan5-10 1 Existing Number of Lanes 1 2 3 4 M A GNET M A GNET 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCEAVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VENTURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y OR A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U L T O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O M E R U N A L Y L S T C O L LI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEMA R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSE N AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-5 Planned and Proposed Number of Roadway Lanes Number of Roadway Lanes* 1 Lane 2 Lanes 3 Lanes 4 Lanes Increase in Number of Lanes# 1 2 3 4 5 # 6 7 8 9 10 # Reduction in Number of Lanes Sources: City of Fresno; 2035 Fresno General Plan Southwest Fresno Specific Plan’s Proposed Changes in Number of Lanes *Based on figures in Appendix H-7 of the Fresno General Plan MEIR (2014).S CLARA AVENo change in Number of Lanes, but Divided Revised Figure FIGURE 5-5 Existing and Planned Number of Roadway Lanes Chapter 5 | Transportation 5-11 41 + North Corridor Complete Streets Plan, the following roadways within the Plan Area are to be widened to four lanes: § California Avenue: Fruit Avenue to Martin Luther King Jr. Boulevard § Jensen Avenue: Marks Avenue to Martin Luther King Jr. Boulevard § North Avenue: Elm Avenue to SR 41 § Marks Avenue: Whites Bridge Avenue to Jensen Avenue § Roeding Drive: Whites Bridge Avenue to Kearney Boulevard § Walnut Avenue: California Avenue to Jensen Avenue In addition to these proposed improvements, tThe Plan recommends a few additional or alternative improvements to the GP MEIR’s planned roadway improvements to accommodate the Plan’s pro- posed development patterns and capacity. Table 5-1 and Figure 5-5 shows the Plan’s recommenda- tions to key streets within the Plan Area, which are also described below:. Note that proposed improvement numbers 4, 5, and partially 8 are located outside the Plan Area and are recom- mended to provide continuity with roadways in the Plan Area. These recommendations could be incorporated as future amendments to the General Plan and Downtown Neighborhoods Community Plan (DNCP). ■Additional roadway lanes may be required on the Regional Retail Corridor along Whites Bridge Avenue compared to the planned number of lanes identified in the GP MEIR. The GP MEIR shows a planned two-lane roadway (one lane each direction) on Whites Bridge Avenue, and instead, four or six lanes could be needed depending on the intensity of the regional retail. ■Additional roadway lanes for key connections near magnet cores may be necessary, such as along Hughes Avenue around the Regional Retail Magnet Core and along Walnut Avenue and Martin Luther King Jr. Boulevard around the Community College Magnet Core. ■A complete streets approach is recommended for all of the Plan’s identified corridors. Existing and planned four-lane facilities and could instead be reduced to two lanes if additional capacity is provided on parallel facilities. There may be opportunities for fewer roadway lanes in areas further away from magnet cores than the planned number of lanes identified in the GP MEIR. Also, depending on the exact locations of magnet uses, the magnet use’s entrances, and where the most intensive traffic-generating uses are concentrated, the number of lanes required on roadways within the Plan Area may differ slightly from the other planned number of lanes identified in the GP MEIR. 1. Marks Avenue: SR 180 to Whites Bridge Avenue. Northbound Marks Avenue already provides sufficient capacity (2 through lanes; 2 lanes onto SR 180 eastbound on-ramp). Southbound Marks Avenue may need an additional travel lane to serve future traffic demand. 2. Whites Bridge Avenue: Marks Avenue to Roeding Drive. Four lanes are necessary to serve the planned Regional Retail Magnet Core between Marks and Hughes Avenues. 3. Roeding Drive/West Avenue: Whites Bridge Avenue to Kearney Boulevard. Maintaining the existing 2-lane cross-section from Whites Bridge Avenue south to Kearney Boulevard would sufficiently serve traffic demand near Chandler Airport. 4. California Avenue: Walnut Avenue to Martin Luther King Jr. Boulevard. Traffic demand can be adequately served with the existing 2 lanes plus TWLTL cross-section. Widening to 4 lanes, as identified in the General Plan MEIR, would likely require right-of-way (ROW) acquisition. 5. Walnut Avenue: California Avenue to Church Avenue. Future traffic demand is at the upper end of the capacity for a 2-lane roadway, which indicates that a TWLTL or widening to 4 lanes may be necessary to provide sufficient capacity. However, Southwest Fresno Specific Plan5-12 right-of-way constraints between California Avenue and Church Avenue may preclude widening to provide a TWLTL or additional through lanes (i.e., widen to a 4-lane roadway). The General Plan MEIR identified 4 lanes along the Plumas Street alignment, curving back to Walnut Avenue just north of Church Avenue. This curve has since been removed through the DNCP which amended the General Plan. 6. Walnut Avenue: Church Avenue to Jensen Avenue. Traffic demand can be adequately served with 2 lanes plus TWLTL. Four lanes identified in General Plan MEIR are not necessary to serve traffic demand and would be challenging to implement between Grove Avenue and Jensen Avenue through existing neighborhood without further ROW acquisition. 7. Church Avenue: Walnut Avenue to Clara Avenue. Traffic demand is expected to be greater on Church Avenue compared to the General Plan MEIR with the addition of the proposed magnet core in the quarter- section bounded by Church Avenue, Martin Luther King Jr. Boulevard, Jensen Avenue, and Knight Avenue. Traffic demand on this segment indicates that four lanes would be necessary to avoid over-capacity conditions. However, this segment of Church ID ROADWAY SEGMENT NUMBER OF LANES GP MEIR1 PROPOSED SWFSP2 1 MARKS AVE.SR 180 to Whites Bridge Ave.4 6 Divided 2 WHITES BRIDGE AVE.Marks Ave. to Roeding Dr.2 4 Divided – Marks to Hughes 2 Divided – Hughes to Roeding 3 WEST AVE.Channing Ave. to Kearney Blvd.2 2 Divided – Whites Bridge to Kearney 4 CALIFORNIA AVE.Walnut Ave. to MLK Jr. Blvd.4 2 + TWTL 5 WALNUT AVE.California Ave. to Church Ave.4 2 Undivided 6 WALNUT AVE.Church Ave. to Jensen Ave.4 2 + TWLTL 7 CHURCH AVE.Walnut Ave. to Clara Ave.2 2 + TWLTL 8 ELM AVE.California Ave. to North Ave.4 2 Divided 9 JENSEN AVE.Elm Ave. to SR 41 4 4 Divided 10 NORTH AVE.MLK Jr. Blvd. to Elm Ave.43 2 + TWLTL TABLE 5-1 Summary of Changes in Number of Lanes from Fresno GP MEIR Notes: 1Based on figures in Appendix H-7 of the Fresno General Plan MEIR (2014). The General Plan MEIR did not indicate whether roadways would have a raised median, two-way left-turn lane (TWLTL), or be undivided. 2Proposed changes for the Plan are based on traffic analysis for the Plan’s PEIR. Additional detailed notes are provided below. 3Although the Fresno MEIR shows this segment as 4 lanes, the more recent 41 + North Corridor Complete Streets Plan proposed this segment to have 2 lanes + TWLTL or Median instead. TWLTL = two-way left-turn lane Divided = raised median or TWLTL used to separate opposing travel directions; decision to install raised median or TWLTL should be determined based on surrounding land uses, demand for access, or need for access control. Undivided = no raised median or TWLTL separating opposing travel directions. Chapter 5 | Transportation 5-13 Avenue would serve a community college, neighborhood mixed-use, community commercial, and medium-density residential uses in the proposed MLK Activity Center Magnet Core, in addition to Gaston Middle School a short distance away. Given the nature of these uses, providing wide sidewalks, attractive bikeways, and transit facilities along this corridor in accordance with the Complete Streets Design Guidelines and policies in the Plan will encourage non- vehicular travel for this pedestrian activity center. Furthermore, the Fresno ATP shows that a Class I bike path is planned along this segment of Church Avenue to further support walking and biking. As such, it is justified for the City to accept a lower LOS for this corridor and provide fewer travel lanes for vehicular traffic to maintain and prioritize pedestrian, bicycle, and transit modes. Improvements to Church Avenue should consider: § Available right-of-way/curb-to-curb width for existing built-up areas § Plans for multimodal facilities, such as bikeways, sidewalks, etc. § Need for on-street parking to serve fronting development § Driveway frequency and access demand (i.e., higher demand/more frequent driveways to access fronting development would make TWLTL more necessary) 8. Elm Avenue: California Avenue to North Avenue. Two lanes are sufficient to serve future traffic demand. The existing 4-lane cross-section could be repurposed to provide a more multimodal corridor, including the following possible options: § Enhanced streetscape with wider sidewalks § Enhanced bikeways (i.e., cycle track or buffered bike lane) § Increased on-street parking § Transit-only lanes to support future bus rapid transit (BRT) These improvements would support the Corridor/Center Mixed-Use and Neighbor- hood Mixed-Use land use designations along the Elm Avenue corridor. 9. Jensen Avenue: Elm Avenue to SR 41. Traffic demand on this segment indicates that six lanes would be necessary to serve traffic demand traveling to/from SR 41 at LOS D or better. However, right-of-way constraints, on-street parking demand, and balancing the mobility needs with the City’s focus on supporting walking, biking, and transit to create a multimodal network would make widening to six lanes infeasible. Therefore, the Plan maintains the existing four-lane configuration. 10. North Avenue: Martin Luther King Jr. Boulevard to Elm Avenue. The 41+North Corridor Complete Streets Plan changed the plan for North Avenue from a 4-lane divided roadway (in the General Plan MEIR) to a 2-lane with a TWLTL configuration. Our initial traffic analysis shows that the 2-lane with TWLTL configuration is at the upper end of the capacity for this configuration. However, due to right-of-way constraints, the Plan is proposing this scaled-down configuration. TRUCKS With the significant amount of industrial uses situated within Southwest Fresno, multiple truck routes pass directly through existing residential areas. The frequent truck traffic reduces comfort levels for residents, especially for pedestrians and bicyclists who share the roadway with truck drivers. Figure 5-6 shows a map of existing truck routes that pass through the Plan Area and the existing industrial uses within the Plan Area and Sphere of Influence (SOI) that these routes serve. Existing residential areas are also shown on the map to highlight the proximity of truck traffic to many existing residential neighborhoods in Southwest Fresno. Existing truck routes are located along city and county streets. The Plan recommends the rerouting of existing truck routes that pass through large swaths of exist- ing residential neighborhoods. These eliminated Southwest Fresno Specific Plan5-14 Existing Truck Routes County Permit Route Existing Truck Route FUTURE PLANNED TRUCK ROUTE Existing Industrial Land Use 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN G ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D W A Y P L Z VENTURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C OLLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJEN SEN AVE CHURCH AV E VALENTINE AVEMADISON AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFORNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-6 Existing, Planned, and Recommended Truck Routes Existing Truck Route Existing Residential Land Use in Plan Area Existing Industrial Land Uses Served by Truck Routes in Southwest Fresno Recommended Elimination of Existing Truck Route Recommended New Truck Route CARGILL MEAT SOLUTIONS CARGILL MEAT SOLUTIONS BUSSETOFOODSBUSSETOFOODS FOSTERPOULTRYFARMS FOSTERPOULTRYFARMS FRESNOCHANDLEREXECUTIVEAIRPORT FRESNOCHANDLEREXECUTIVEAIRPORT Source: City of Fresno FIGURE 5-6 Existing, Planned, and Recommended Truck Routes Figure Replaced Chapter 5 | Transportation 5-15 Existing Truck Routes County Permit Route Existing Truck Route FUTURE PLANNED TRUCK ROUTE Existing Industrial Land Use 180 99 99 41 41WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R MA N A V E MA Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G OL D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STC H A N N I N G WAYF U LT O N S T FRESNO ST P O T TL E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHA N DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEPOPPY AVEMARKS AVEJENSEN A VE CHURCH AV E VALENTINE AVEMADI SON AVE KE ARN EY BLV D WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNI A AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESphere of Influence City Limit 00.25mi 0.25mi Plan Area FIGURE 5-6 Existing, Planned, and Recommended Truck Routes Existing Truck Route Existing Residential Land Use in Plan Area Existing Industrial Land Uses Served by Truck Routes in Southwest Fresno Recommended Elimination of Existing Truck Route Recommended New Truck Route CARGILL MEAT SOLUTIONS CARGILL MEAT SOLUTIONS BUSSETOFOODSBUSSETOFOODS FOSTERPOULTRYFARMS FOSTERPOULTRYFARMS FRESNOCHANDLEREXECUTIVEAIRPORT FRESNOCHANDLEREXECUTIVEAIRPORT Source: City of Fresno Revised FigureFigure Replaced FIGURE 5-6 Existing, Planned, and Recommended Truck Routes Southwest Fresno Specific Plan5-16 routes should be rerouted to street segments that do not or minimally intersect existing residential areas, while still providing access and service to existing industrial businesses. Recommended truck reroutes are shown in Figure 5-6 and include the following: ■The truck route on California Avenue should be eliminated to avoid existing residential areas and to provide a more pedestrian-, bicycle-, and transit-friendly environment along the Mixed-Use Corridor. ■The truck route on North Avenue should be eliminated to avoid existing residential areas. Trucks should be rerouted from Highway 41 to Central, West, and Fig Avenues. This reroute is consistent with the recommendation from the recently completed Highway 41 + North Corridor Complete Streets Plan. ■A new or rerouted truck route along Marks Avenue should be considered to provide a direct connection from State Route 180 to existing industrial uses connecting to a new extended truck route along Church Avenue; the GP MEIR plans to widen Marks Avenue to have four lanes of travel. ■The truck routes along Jensen Avenue between Knight and Elm Avenues and along Church Avenue between Fruit and Elm Avenues should be eliminated to avoid passing through multiple residential neighborhoods and schools. The pParallel truck routes along Church and Central Avenues should be used as an alternative. Jensen and Church Avenues east of Elm Avenue should remain a truck routes so that trucks can access Highway 41 and the industrial areas in the “reverse triangle” between Highways 41 and 99. Jensen Avenue west of Knight Avenue should remain a truck route to service existing industrial and future office uses south of Jensen Avenue. ■The existing truck route along Elm Avenue north of Jensen Avenue to Ventura Street should be eliminated to avoid passing through residential neighborhoods. Highway 41 and the parallel truck route along Cherry Avenue should be used as an alternative to access industrial areas in the “Reverse Triangle” and industrial uses in Downtown. The existing truck route south of Jensen Avenue should remain to service existing industrial uses along Elm Avenue south of Jensen Avenue. ■The existing truck route along Elm Avenue should be extended south to Central Avenue to serve existing industrial uses and provide better connectivity between Elm Avenue and the recommended Central Avenue truck route. ■A new truck route along Roeding Drive from Whites Bridge Avenue to Channing Way should be considered to provide truck service access to the Fresno Chandler Executive Airport. Tthe GP MEIR plans to widen Roeding Drive to have four lanes of travel. Establishment of this truck route is necessary for Fresno Chandler Executive Airport and the surrounding businesses. ■North-south truck routes that connect to recommended eliminated truck routes, such as Thorne Avenue, Walnut Avenue, and West Avenue from California Avenue to Florence Avenue, should also be eliminated. The recommended rerouting of truck traffic should be thoroughly discussed between existing industrial business stakeholders, existing residents, poten- tially affected agencies such as County of Fresno and Caltrans, and the City’s traffic engineers. The recommended streets that would accommodate new truck traffic should be evaluated to determine whether the roadway’s current pavement condition can withstand truck traffic over time and whether the roadway’s width can accommodate truck movement. If it is determined that new truck routes cannot accommodate these factors, the City should prioritize the recommended street(s) for the needed improvements or should determine sufficient alternative routes that are agreeable among existing residents, industrial stakeholders, and agency stakeholders. Since this Plan proposes to eliminate some existing truck routes, the City should reconsider any future planned truck routes that extend or connect to these eliminated truck routes. Chapter 5 | Transportation 5-17 C. COMPLETE STREETS DESIGN GUIDELINES The following Complete Streets Design Guidelines aim to create a high-quality pedestrian and bicycle environment while accommodating vehicle access needs. They provide direction for the envisioned character of streets. Implementation of these Complete Streets Design Guidelines should be prioritized along streets within magnet cores Sidewalk with street trees in curb zone. Street with Class II bicycle facilities and a high-visibility crosswalk. Bulbout with streetscape amenities and furnishings. and complete neighborhoods, and along special corridors specified in Chapter 2, Vision, and Chapter 4, Development Regulations: (1) Regional Retail Corridor, (2) Mixed-Use Corridor, (3) Jobs Corridor, and (4) Mixed-Use/Jobs Corridor. Streets other than these should have a lower priority for complete streets implementation. These guidelines may be implemented differently along streets, due to varying street dimensions, adjacent land use, and modal priorities. For example, if a corridor is planned for BRT, complete streets improvements should focus on transit mobility and pedestrian access; on the other hand, if a corridor will act as a key bicycle route, complete streets improvements should prioritize bicycle facilities. The guidelines are compatible with the streetscape enhancement standards contained in the Citywide Development Code. All improvements will need to be reviewed and approved by City of Fresno Public Works. They are categorized into the following categories: ■Pedestrian ■Streetscape Amenities ■Green Infrastructure ■Bicycle ■Transit Southwest Fresno Specific Plan5-18 PEDESTRIAN Sidewalks Wherever possible, existing sidewalks should be widened through a public easement for pedestrian purposes on the adjacent private property to accommodate a throughway zone for pedestrian traffic along with a curb zone and a building front- age zone, as illustrated in Figure 5-7. This should be accommodated as vacant parcels are developed and existing buildings are redeveloped; buildings should be set back from the back of walk to accom- modate the following areas zones and , with widths consistent with City standards. New sidewalks should also provide these three zones and be no less than 12 feet in width. The creation of a public easement for pedestrian purposes would only occur if the land was available and would not result in a taking by the City or loss of viable property. ■Throughway Zone. Maintain 5- to 6-foot minimum pedestrian-through zones throughways that are completely clear of obstructions (e.g., tree grates, planters, light poles, etc.) and meet all applicable Americans with Disabilities Act (ADA) regulations. Relocate utility boxes out of the pedestrian-through throughwayszone, where feasible. For new sidewalks adjacent to residential-only projects, provide a 7-foot wider throughway zone adjacent to the private parcel since a building frontage area is not necessary for residential- only frontage types. ■Curb Zone. Place street furniture, including light poles, benches, and trash receptacles, in the outer 2-foot minimum zone area adjacent to the curb. Landscape strips are also appropriate in this zone areaand should be at least 5 feet wide, and 6 to 8 feet wide where landscaped with larger trees. Widths of landscape strips should be consistent with City standards. ■Building Frontages Zone. In areas with mixed-use development, improve facades of adjacent commercial buildings with awnings and other pedestrian-scale enhancements. New commercial development should be built close to the property line, with setbacks for wider throughways zones and building frontages zones. Building fFrontages zones can accommodate sidewalk cafés, store entrances, retail displays, and/or landscaping. They are not needed on low-density, residential streets. Acquire public access easements on private property to expand sidewalks and useable pedestrian areas and/or add street trees and landscaping for common open space. ThroughwayZone Curb Zone for utilities and street furnishings Curb Zone ThroughwayZone BuildingFrontageZone Building FrontageZone FIGURE 5-7 Building Frontage, Throughway, and Curb AreasZones on a Sidewalk Chapter 5 | Transportation 5-19 Crossings All existing and new marked crosswalks should employ markings consistent with the California Manual on Uniform Traffic Control Devices (MUTCD). High-visibility crosswalk markings should be prioritized at uncontrolled locations. High visibility marking patterns include ladder, continental, bar pairs, and triple-four markings (see Figure 5-8). It is recommended that the lines in these patterns are spaced to avoid the wheel path of vehicles, since making this minor adjustment will increase the durability of the markings and reduce maintenance costs. Additionally, crosswalks may employ special colors, markings, and/or materials to create a sense of place or increase visibility, as long as the crosswalk is marked consistent with the California MUTCD. Note that some textured materials may be a hindrance to people with physical disabilities (e.g., people who use in wheelchairs or are blind/visually impaired). Stop lines should be placed 3 to 7 feet in advance of crosswalks at controlled intersections to reduce occurrences of drivers encroaching into the crosswalks. Additional space may be required to ac- commodate special bicycle intersection treatment, such as bike boxes. Turning lanes and inside travel lanes may be narrowed to 10 feet, while outside travel lanes may be narrowed to 11 feet in width where feasible to facilitate the provision of curb bulbouts, and bicycle facilities. High-visibility Crosswalk Locations In addition to the existing marked crosswalks in the Plan Area, new high-visibility crosswalks should be considered to improve pedestrian accessibility and mobility. The following should be considered when identifying new crosswalk locations: Signalized Intersections ■All signalized intersections along the corridor should include high-visibility crosswalks. If an intersection in the Plan Area becomes signalized in the future, high-visibility crosswalks should be provided. Continental marked crosswalk. LADDER MARKED CROSSWALK TRIPLE-FOUR MARKED CROSSWALK BAR PAIR MARKED CROSSWALK CONTINENTAL MARKED CROSSWALK 1’-0” to 2’-0” 1’-0” to 2’-0”Stripe 1’-0” to 5’-0”Spacing Spacings should not exceed 2.5 times stripe width 6’-0” Min. 1’-0” to 2’-0”Stripe 1’-0” to 5’-0”Spacing 6’-0” Min. 2’-0”Stripe 2’-0” Min.Spacing 4’-0” Consider aligning negative spaces with car wheel base to reduce maintenance needs 4’-0” 4’-0” 0’-8”Stripe 0’-8”Spacing 2’-0” to 5’0” Spacing FIGURE 5-8 High-visibility Crosswalk Types Southwest Fresno Specific Plan5-20 Uncontrolled Intersections ■At uncontrolled locations, a marked crosswalk may be considered if the following conditions exist: § There is sufficient pedestrian activity and demand to cross the corridor. This typically would be about 20 pedestrians per hour. § It is a convenient location to cross with excellent visibility. § Drivers are aware of the pedestrian crossing. § A transportation engineer determines that a marked crosswalk would provide an improved crossing over unmarked crosswalk conditions. ■Heavy and fast-moving traffic conditions may indicate that providing only a marked crosswalk at an uncontrolled location may be insufficient along the corridor. If a marked crosswalk at an uncontrolled intersection is warranted, RRFBs should be considered as a minimum improvement. PHBs should also be considered as an option to increase driver awareness of the crosswalk. At uncontrolled crosswalks (e.g., mid-block crossings), advanced yield limit lines should be provided 20 to 50 feet in advance of the crosswalk to notify drivers to slow down as they approach the upcoming crossing. These suggested improvements are subject to approval by the City of Fresno Public Works Department. ■Areas with higher levels of pedestrian activity that may be candidates for new crosswalks at uncontrolled locations include: § Near high-use transit stops/stations not adjacent to a signalized intersection § Along a walking route to a school § Near major activity centers such as retail, offices, schools, parks, complete neighborhood nodes, and magnet cores ■In addition, marked crosswalks at uncontrolled locations should employ California MUTCD compliant signage to increase driver awareness to the crosswalk’s presence. Marked crosswalk using different pavement materials. Signalized crosswalk with decorative paving to enhance visibility and neighborhood character. Advanced “shark teeth” yield line before a pedestrian crossing. Chapter 5 | Transportation 5-21 Additional Crossing Improvement ■Curb Bulbouts. Curb bulbouts should be installed on corridor intersections with crosswalks where feasible to increase pedestrian visibility and shorten crossing distances, as well as provide space for street trees, landscaping, and street furniture, such as bike racks and benches. Curb bulbouts should be closely coordinated with adjacent bicycle facility design to ensure adequate space is provided for bicyclists. STREETSCAPE AMENITIES ■Lighting. Energy-efficient street light poles and pedestrian lights (e.g., solar, LED) should be consistently spaced according to City standardsevery 20 to 30 feet to provide sufficient lighting for pedestrians on the sidewalk and bicyclists in the street; they should alternate with street trees. § Where the sidewalk is adjacent to the street, pedestrian lights should be attached to the street light poles. § Where the sidewalk is separated from the street, pedestrian lights should be installed as separate units and consistently spaced according to City standardsevery 20 to 30 feet. § Lighting on alleys should be incorporated and coordinated with the adjacent property owners to ensure improved visibility and light pollution is avoided. § Up-lighting of trees in medians and on sidewalks should be considered in pedestrian-oriented areas for additional visibility and beautification purposes. ■Themed Banners. Banners that emphasize the identity of a corridor and/or the surrounding neighborhoods should be attached to the street light poles to unify those areas. These banners should be designed with the input of the community and neighborhood schools and organizations. The process by which designs are chosen and replaced should be established prior to the design selection. The location and content of banners shallshould be approved by the City’s Department of Public Works. Energy-efficient street lights. Themed banners attached to street light poles. Southwest Fresno Specific Plan5-22 ■Parklets. Parklets should be considered in areas with high-pedestrian activity and/or eating establishments to provide additional public space for gathering. § Parklets can take up one to two on- street parking spaces, are built at the level of the sidewalk, and offer seating, landscaping, and additional amenities by extending the street furniture/curb zone. § Parklet designs should include sustainable furnishings and plantings that are lacking on a block (e.g., seating areas on a block where there are not sufficient benches or bus stops, or landscaping on a block where there is little sidewalk space for landscaping). § Parklets should be designed with the neighboring business owners and users to ensure the design is compatible and desirable for the community. GREEN INFRASTRUCTURE ■Landscaping and Street Trees. Plant street trees to provide shade for pedestrians on sidewalks, reduce the heat island effect, and beautify the street. Space trees at an interval distance consistent with City standards 20 to 30 feet apart in between street lights. If trees are planted in bulb-outs or a parking lane, they should be spaced to allow for parking stalls in between. Install tree grates that are flush with the sidewalk to protect the trees’ roots and are not tripping hazards. ■Plant Selection. All trees and landscaping should be plant drought-tolerant species that are appropriate for the site and the climate. § Invasive Species. Always avoid invasive species; California Invasive Plant Council’s (CAL-IPC’s) “Don’t Plant a Pest” list for the Central Valley should be used as a reference. § Irrigation. Selecting native and low- water-use species will reduce the need for irrigation and increase the species probability of survival. The majority of Parklet acting as an extension of the sidewalk to provide more seating. Street tree bulbout in an angled parking lane. Landscaped median with low planting and street trees. Chapter 5 | Transportation 5-23 California native and climate-adapted plants do not like overhead water in the summer; where necessary, low volume irrigation systems should be installed with weather-based or soil-based controllers, with a rain-sensing shutoff device, and recycled water should be utilized where possible. § Root System. Appropriate tree selection is important to ensure tree health and avoid damage to the surrounding hardscape with large root systems. ■Plant Height. Consider sightlines and groundcover/shrub heights. When planting along the roadway, consider the full maturity of the plant and provide sufficient setbacks to avoid conflict with pedestrian, bicycle, and vehicle circulation. Plants within sightline zones should grow no higher than 24 inches at maturity. Crime Prevention Through Environmental Design (CPTED) principles encourage visual corridors to be maintained throughout the public realm. Groundcovers and shrubs should be maintained to remain below 36 inches, and tree canopies should be maintained to be above head height (7 feet above ground). ■Additional Landscape Improvements. Look for opportunities for additional planting and drought-tolerant street trees in the medians, furnishing zoneareas of widened sidewalks, bulb-outs, and parking lanes. Partner with adjacent land owners and Tree Fresno to increase the urban canopy and beautify the area by planting trees and additional drought- tolerant landscape improvements on private property. ■Biofiltration Features. Rain gardens in the diagonal curb banks and curb bulbouts, as well as narrow biofiltration swalestrenches along the sidewalk, are an effective way to treat stormwater runoff and reduce the heat island effect. Constructing these elements in the streetscape introduces plants to capture the stormwater pollutants and allows for the water to infiltrate through the soil and into the groundwater below, rather than flow directly Landscaping as biofiltration feature. into storm drains and into Fresno’s rivers and streams. These areas also provide space to plant street trees. Hardscape should be graded to drain toward these treatment areas. ■Permeable Pavement. Consider installing permeable paving materials, such as porous asphalt or concrete, open-grid paving systems, and infiltration trenches, to allow water to move through the surface and into the soil below to reduce stormwater runoff consistent with the California Building Code and ADA standards. For example, parking lanes may be paved with unit pavers. Utilizing permeable hardscape within the street corridor with exist- ing storm drains will likely result in cost-savings when the storm drain system is replaced. They can also reduce the heat island effect common with traditional asphalt lots. Permeable pavers can be used in parking areas/ driveways. Southwest Fresno Specific Plan5-24 BICYCLING These guidelines are based on the Caltrans High- way Design Manual (HDM), the California MUTCD, the American Association of State Highway and Transportation Officials (AASHTO) Guide for the Development of Bicycle Facilities, National Associa- tion of City Transportation Officials’ (NACTO) Urban Street Design Guide, as well as best practices in other communities. Bikeway planning and design in California typically relies on the guidelines and design standards established by Caltrans as documented in “Chapter 1000: Bikeway Planning and Design” of the HDM. Chapter 1000 follows standards developed by AASHTO and the Federal Highway Administration (FHWA), and identifies specific design standards for various conditions. These standards provide a good framework for future implementation, but may not always be feasible given specific constraints. Bikeway design and planning standards are continually changing and expanding. Despite this, most agencies adopt the Caltrans or AASHTO standards as a minimum. Based on the California Streets and Highways Code, Caltrans currently identifies four types of bikeways, as described below. ■Class I – Bike Paths. Also known as shared- use paths, these are bikeways that provide a completely separated ROW and are located off the roadway for the exclusive use of bicycles and pedestrians with crossflows by motor vehicle traffic minimized. Since crossflows by motor vehicle traffic should be minimized, Class I bike paths are best implemented along waterways (such as canals or creeks) that have few cross streets, or along roadways with strict access controls that limit the number of driveways and cross streets. ■Class II – Bike Lanes. These lanes are demarcated in the roadway for the exclusive or semi-exclusive use of bicycles. Vehicle and pedestrian cross-flow are permitted. The striping is supported by pavement markings and signage. § Buffered Bike Lanes. Buffered bike lanes are on-street bike lane facilities with additional striping, which creates a buffer that increases the separation Broken Class II green bike lane to allow vehicles to cross through. Class I bike path shared for both pedestriand and bicyclists. Sharrow marking on a street with off-street parking. Class IV cycle track with a physical barrier providing separation from traffic. Chapter 5 | Transportation 5-25 between bicyclists and vehicles. The striped buffer should be a minimum of 3 feet wide, where feasible. Buffered bike lanes provide more separation than standard Class II bike lanes, but less separation than Class IV separated bikeways. § Green Bike Lanes. Green colorized pavement may be used for Class II bike lanes in conflict zones along corridors to heighten driver awareness of cyclists. These conflict zones occur at intersections and bus stops. For example, a broken green bike lane would alert drivers to the presence of bicyclists when merging prior to making a right turn. ■Class III – Bike Route. These are bikeways that are shared with motor vehicle traffic. Bike routes are designated by signage and/or shared roadway bicycle markings, including sharrows. § Shared Bicycle/Vehicle Lanes (Sharrows). Shared-lane markings, or sharrows, are a common Class III pavement marking that alerts drivers that bicyclists are sharing the road. They are best used on streets with less than 3,000 average daily traffic (ADT). Sharrows should be painted near the center of the travel lane, out of the parked vehicle “door zone” in which a driver may open their door and hit a bicyclist. Sharrows may also be appropriate to alert drivers to the presence of bicyclists in locations where there may be insufficient pavement width for Class II bike lanes. For example, at intersections where Class II bike lane markings may stop due to the addition of a right turn lane and insufficient width for a striped Class II bike lane, sharrows markings could be added to facilitate bike travel through the intersection. Shared bicycle and vehicle lanes should include sharrows, special materials, and other techniques to slow vehicle traffic and integrate bicycle and vehicle improvements. ■Class IV – Cycle Tracks or Separated Bikeways. These bikeways provide a ROW designated exclusively for bicycle travel on a roadway and are separated from vehicular traffic. Separated bikeways are not shared with pedestrians or motorized traffic except for brief mixing zones where necessary and at intersections. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers such as bollards, raised curbs, or a landscaped area, or on-street parking. Separated bikeways can be either one-way or two-way, accommodating a single direction of travel or both. § The implementation of Class IV separated bikeways should consider the presence and frequency of vehicle crossflows. Where a corridor includes numerous and/or heavily trafficked cross-streets or driveways, there is an increase in vehicle-bicycle interactions, which increases the possibility of collisions. Additionally, the placement of vertical separators should consider the locations of building access points, access from parked vehicles to the sidewalk, and commercial and residential driveways/alleys. Vertical separators should not hinder access to these driveways. § The preferred bikeway width for a separated bikeway is 7 feet to allow for passing and maintenance (i.e., street sweepers). The recommended minimum buffer width should be 3 feet. ■Special Bicycle Intersection Markings. Bicycle crossings should be separate from pedestrian crossings. Intersection designs should consider special improvements, such as broken bike lane extensions, shared lane markings, colorized conflict areas, and other markings to clarify bicycle crossing paths and identify conflict zones to motorists. Southwest Fresno Specific Plan5-26 ■Bicycle-Sensitive Detection. At traffic signals, there should be bicycle-sensitive detection at the limit line to detect bicycle traffic consistent with the California MUTCD; bicyclist push-buttons may be used to supplement the required limit line detection. ■Bicycle Parking. Secure bicycle parking is a critical component to most bicycle trips, and thus in promoting bicycle use (see Figures 5-9 to 5-11). Bicycle racks should be visibly located at each FAX bus stop, especially at BRT stations, and near active destinations, such as shopping areas, schools, parks, and offices to promote multi-modal transportation. They should be visibly located near destinations and installed either on the sidewalk outside the throughway zone, such as in bulbouts, the curb zone, building frontages zone, or in plaza spaces. TRANSIT Transit improvements will be focused along cor- ridors with BRT or enhanced transit service along California Avenue, Martin Luther King Jr. Boulevard, and Elm Avenue. ■Transit Integration. Pedestrian and bicycle improvements should be integrated with transit facilities and be compliant with the ADA. Special design focus may be necessary to coordinate improvements at major bus stations, as these will be high-conflict zones between buses, vehicles, and bicyclists. For example, major bus/BRT stations could be designed as platforms adjacent to the outside travel lane, with bicyclists traveling between the platform and adjacent sidewalk. This reduces conflicts between buses and bicyclists. ■Outside Travel Lane. The outside travel lane may be painted to denote it is a lane for bus travel. This outside travel lane should be at least 11 feet wide to accommodate buses, especially where a Class II Bike Lane or Class III Bike Route is present. 2’-6”3’-0” (2’-8” Min.)3’-0” Min. (4’-0” Rec.) 20’-0” 2’-8” Min. Main Pedestrian Circulation 6’-0” Min. Clearance 7’-0” Min. Clearance 8’-0” Min. Clearance 4’-0” Min. Clearance Bike Lockers BIKE LOCKERS 5’-0” Min. 4’-0” Min.2’-0” Min. or aligned with street trees Inverted U-rack Street Furniture BIKE CORRAL BIKE RACK SPACING RECOMMENDATIONS Wheel Stops or Striping for visibility Throughway Zone 5’-0” Min. Curb Zone 2’-0” Min.2’-6”3’-0” (2’-8” Min.)3’-0” Min. (4’-0” Rec.) 20’-0” 2’-8” Min. Main Pedestrian Circulation 6’-0” Min. Clearance 7’-0” Min. Clearance 8’-0” Min. Clearance 4’-0” Min. Clearance Bike Lockers BIKE LOCKERS 5’-0” Min. 4’-0” Min.2’-0” Min. or aligned with street trees Inverted U-rack Street Furniture BIKE CORRAL BIKE RACK SPACING RECOMMENDATIONS Wheel Stops or Striping for visibility Throughway Zone 5’-0” Min. Curb Zone 2’-0” Min. FIGURE 5-10 Bike Corral FIGURE 5-11 Bike Rack Spacing FIGURE 5-9 Bike Lockers 2’-6”3’-0” (2’-8” Min.)3’-0” Min. (4’-0” Rec.) 20’-0” 2’-8” Min. Main Pedestrian Circulation 6’-0” Min. Clearance 7’-0” Min. Clearance 8’-0” Min. Clearance 4’-0” Min. Clearance Bike Lockers BIKE LOCKERS 5’-0” Min. 4’-0” Min.2’-0” Min. or aligned with street trees Inverted U-rack Street Furniture BIKE CORRAL BIKE RACK SPACING RECOMMENDATIONS Wheel Stops or Striping for visibility Throughway Zone 5’-0” Min. Curb Zone 2’-0” Min. Chapter 5 | Transportation 5-27 D. GOALS AND POLICIES PEDESTRIAN NETWORK Goal T-1 Create a well-connected pedestri- an network that allows Southwest Fresnans to comfortably walk to key destinations such as schools, parks, services, retail, and transit. Policy T-1.1 Implement the pedestrian recommendations from the City of Fresno Active Transportation Plan (ATP), focusing on the high priority areas first. Policy T-1.2 Prioritize sidewalk improvements, including the priority sidewalk network identified in the Fresno ATP, on streets that generate higher pedestrian travel demand, especially along corridors, around magnet uses, and within ¼- mile of complete neighborhood nodes. Policy T-1.3 Prioritize sidewalk improvements on streets that connect to and from Downtown. Policy T-1.4 Encourage the provision of new wide sidewalks in new development areas or widen existing sidewalks where ROW is available to provide an adequate and clear path of travel for accessibility, consistent with the California Building Code and ADA. The width of new or widened sidewalks will be determined according to the City of Fresno’s Citywide Development Code. Policy T-1.5 Fill sidewalk gaps on streets in areas where there are incomplete segments of sidewalk adjacent to existing sidewalks in order to provide a continuous walking experience, unless the area or development was intentionally planned without sidewalks. Prioritize the Plan Area’s high priority area identified in the Fresno ATP. Bike lockers and bike corral at a transit station. Colored outside travel lane designated for buses. Southwest Fresno Specific Plan5-28 Goal T-2 Create a vibrant pedestrian expe- rience to enhance the character and identity of Southwest Fresno, especially in commercial and em- ployment areas. Policy T-2.1 Enhance streetscape by providing pedestrian amenities where sidewalk widths allow, such as benches, lighting, outdoor seating, and planters. Policy T-2.2 Utilize banners and signage, such as wayfinding, to strengthen an area’s distinct character. Goal T-3 Reduce conflicts between pe- destrians and drivers, especially on streets with high speeds and limited pedestrian crossings. Policy T-3.1 Identify intersections and/or mid-block locations to improve pedestrian crossings. Crossing improvements may include high- visibility crosswalks, bulb-outs, RRFBs or PHBs, in-pavement lights, and signage. Policy T-3.2 Ensure that sidewalks and other facilities meet the principle of universal design and comply with the ADA standards to assure access for pedestrians and people with disabilities. Policy T-3.3 Limit the number of driveways along sidewalks by consolidating existing driveways and minimizing new driveways. Policy T-3.4 Provide continuous sidewalks along public streets and encourage the provision of sidewalks on both sides for all new development within the Plan Area. Policy T-3.5 Work with Southwest Fresno public and charter schools to implement Safe Routes to School projects and programs that increase the comfort of students walking and biking to school and encourages the frequency and number of students to walk and bike to school. BICYCLE NETWORK Goal T-4 Create a comprehensive, well- connected, and continuous bicycle network that provides linkages between residential areas and lo- cal and regional key destinations such as schools, parks, services, retail, and transit, so that South- west Fresnans may bicycle as a viable mode of transportation and as a means to improve health and increase physical activity. Policy T-4.1 Implement the bicycle recommendations from the Fresno ATP. Policy T-4.2 Prioritize the implementation of bicycle facilities, including the priority bicycle network identified in Fresno’s ATP, that fill a gap between existing separated sections of the bikeway system, will likely serve the highest concentration of existing or potential bicyclists, and provide access to high activity areas. Policy T-4.3 Prioritize the implementation of bicycle facilities that connect to and from Downtown. Policy T-4.4 Ensure that all roadway widening projects in Southwest Fresno include Class II or Class IV bicycle facilities. Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code’s Section 15-2429 on Bicycle Parking, such asincluding racks and lockers, at key locations along the bicycle network, such asincluding transit stops, in front ofcommercial businesses,retail and services, for employment offices, parks, and schools. Promote and incentivize the provision of secure bicycle parking for new multi- family residential and mixed-use residential development projects. Chapter 5 | Transportation 5-29 Policy T-4.6 Coordinate with County of Fresno and FAX to improve regional bicycle connections. Policy T-4.7 Promote and incentivize the incorporation of changing/shower facilities for new non-residential development projects. TRAILS NETWORK Goal T-5 Create a separated, scenic, and well-connected multi-use trails network that provides Southwest Fresnans convenient access to nature and active recreational op- portunities. Policy T-5.1 Implement the Class I bikeway recommendations from the City of Fresno Active Transportation Plan and General Plan Figure MT-2. Policy T-5.2 Prioritize trails that connect to and from Downtown. Policy T-5.3 Where feasible, design the trails to have separated paths for travel by foot and by bicycle to prevent potential conflicts. Policy T-5.4 Provide separation for trail users against vehicular traffic such as landscaping, railings, or grade separation. Policy T-5.5 Provide understory landscaping and/or tree canopy as shade where appropriate to enhance the natural character of the trail. Policy T-5.6 Ensure good visibility from public streets and private businesses and residences to enhance public surveillance in accordance with CPTED principles. TRANSIT Goal T-6 Develop the Southwest Fresno transit network into a viable transportation alternative to single-occupancy vehicles. Policy T-6.1 Improve the reliability, quality, and efficiency of transit service within Southwest Fresno and to regional destinations. Policy T-6.2 Work with FAX and other transit providers to increase transit service, access, and connections throughout Southwest Fresno, connecting existing and future residential areas to key destinations, including schools, retail, employment, and recreation. Policy T-6.3 Encourage transit ridership by all people, including students and youth, through incentive programs, education, and outreach. Policy T-6.4 Provide transit options that equitably serve all residents, including those of lower incomes, of older age, and with disabilities. Goal T-7 Focus transit improvements along corridors that have more inten- sive land uses to more effectively and efficiently provide transit ser- vice and promote non-automobile access to high activity uses. Policy T-7.1 ConsiderWork with FAX to retain transit routes west of Highway 99, and work to enhanced transit service along Elm Avenue and Martin Luther King Junior Boulevard to connect to future BRT routes and the FAX and HSR stations in Downtown when there is demand from development along the Mixed Use and Jobs those corridors. Southwest Fresno Specific Plan5-30 Policy T-7.1 Provide and dDesign transit stops and bus stop platforms such that transit travel has a higher priority than through traffic on transit corridors. Promote and incentivize the incorporation of transit features, such as platforms, canopies, and associated support structures, for new non-residential development projects. Policy T-7.2 In order to provide service to the maximum number of riders possible, consider first and last mile solutions, which may include smaller connecting busses or complete street measures such as wider sidewalks, safer street crossings, and bicycle facilities. VEHICLES Goal T-8 Invest in developing, improv- ing, and maintaining a roadway network that provides safety and adequate capacity for automo- biles and for walking, bicycling, and transit mobility. Policy T-8.1 Consider and prioritize the comfort of pedestrians, bicyclists, and transit riders when planning vehicular improvements on roadways through the implementation of complete streets improvements. Policy T-8.2 Reduce auto use and prioritize walking, bicycling, and transit mobility over increasing vehicle travel speeds when considering roadway improvements. Policy T-8.3 Maintain the existing roadway network and expand its capacity as necessary to ensure safe and convenient vehicular circulation; require new development to provide safe and convenient vehicular circulation and to contribute to capacity improvements on arterials and regional roadways. Goal T-9 Prioritize low-emission vehicle transportation options to reduce criteria and toxic air pollutants in the Plan Area. Policy T-9.1 Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement. Policy T-9.2 Promote, incentivize, and pursue funding for electrical vehicle (EV) charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi- family residential and mixed-use residential development projects. Policy T-9.3 Promote and incentivize the provision of preferential parking for low-emitting, fuel-efficient, and carpool/van vehicles for new non- residential development projects. TRUCKS Goal T-9 Goal T-10 Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-9.1 Policy T-10.1 Work with existing industrial and heavy commercial businesses to identify alternative truck routes that limit negative impacts on sensitive areas while maintaining an efficient movement of goods. Chapter 5 | Transportation 5-31 Policy T-9.2 Policy T-10.2 MitigateRedesign alternative truck routes that would require potential widening of streets to allow adequate width for two- way truck traffic and turning movements as well as repair/ maintainmaintenance of roadways to ensure satisfactory pavement conditions that can withstand truck traffic. Policy T-9.3 Policy T-10.3 Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left-turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. COMPLETE STREETS Goal T-10 Goal T-11 Create an accessible and well-con- nected “complete streets” trans- portation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-10.1 Policy T-11.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in this chapter. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. Policy T-10.2 Policy T-11.2 Identify streets with excessive vehicular ROW that are opportunities to implement traffic calming and other improvements to slow traffic and provide options for multi-modal travel. Policy T-10.3 Policy T-11.3 Encourage lower vehicular travel speeds for collector and local streets in the Plan Area. This could be accomplished through traffic calming measures, narrower travel lanes, reducing the number of travel lanes, neighborhood speed watch/traffic management programs, or speed enforcement programs. Goal T-11 Goal T-12 Foster a healthy lifestyle in South- west Fresno through encouraging active forms of transportation such as walking and bicycling as an alternative to motorized modes of travel. Policy T-11.1 Policy T-12.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. Policy T-11.2 Policy T-12.2 Develop adult and youth bicycle and pedestrian education programs within Southwest Fresno that help educate the public and promote bicycling and walking. Policy T-11.3 Policy T-12.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. STORMWATER Goal T-13 Goal T-13 Improve storm water quality through transportation infrastruc- ture improvements. Policy T-12.1 Policy T-13.1 Coordinate with the Fresno Metropolitan Flood Control District (FMFCD) Master Plan to incorporate Low Impact Development (LID) storm water management techniques with curb, gutter, and sidewalk improvements. Policy T-12.2 Policy T-13.2 Manage stormwater on-site to cleanse, diffuse, and absorb rainwater where it falls by creating rain gardens, swales, infiltration areas, and other attractive areas that bring nature and beauty into developed areas. Policy T-12.3 Policy T-13.3 Work with FMFCD to reduce or waive development impact fees if LID development is implemented onsite. MAINTENANCE Goal T-13 Goal T-14 Ensure that Southwest Fresno’s transportation infrastructure is in well-maintained conditions to provide a comfortable travel experience for pedestrians and bicyclists. Policy T-13.1 Policy T-14.1 Perform routine street maintenance to clear debris from sidewalks, bike lanes, and roadways, including regular sweeping, pavement repairs, restriping, maintenance of traffic control devices, and landscape maintenance. Policy T-13.2 Policy T-14.2 Monitor the conditions of roadways to ensure the repair and resurfacing of cracked and uneven roadway surfaces to provide a smooth and even surface for bicycling. Policy T-13.3 Policy T-14.3 Monitor the effectiveness of street lights to ensure they are lit brightly enough to improve visibility and enhance visibility and security. Chapter 6 | Public Facilities 6-1 PUBLIC FACILITIES A. INTRODUCTION This chapter describes the public facilities in Southwest Fresno that achieve the Southwest Fresno Specific Plan’s (the Plan) vision and guiding principles (described in Chapter 2, Vision). In keeping with that vision, as well as the General Plan’s vision, Southwest Fresno is to be made up of a network of complete neighborhoods, designed to be healthy and attractive. Centered by schools, parks, and public and commercial services, these complete neighborhoods will have a sense of place and provide as many services as possible within walking distance. The Plan prioritizes the need for quality schools, parks, open space, and other public facilities in Southwest Fresno and increases land dedicated to public facilities from the General Plan. B. PARKS AND OPEN SPACE This section provides an inventory of existing parks and needs, states the community’s criteria for parkland, and describes proposed desired improve- ments to existing parks and new parks. EXISTING PARKLAND INVENTORY Table 6-1 provides information on the existing parks and open space within walking distance of Southwest Fresno residents, which includes all parkland less than 40 acres in size owned and/or maintained by the City of Fresno, San Joaquin River Parkway, and Fresno Metropolitan Flood Control District’s (FMFCD) ponding basin parks within or just outside the Southwest Fresno Specific Plan Area (Plan Area). Parkland over 40 acres in size is considered a regional park, such as the Regional Sports Complex, and therefore not included in this 6 Southwest Fresno Specific Plan6-2 Parks should have more trees to provide shade. Ponding basins collect water to manage stormwater runoff. table which focuses on community, neighborhood, and pocket parks, correlating to the General Plan goal of 3.0 acres of parkland per 1,000 residents. In the case of FMFCD, only the portions of pond- ing basin parks that are usable year round are counted in this table – see discussion below. Policy POSS-1-a on page 5-20 of the General Plan states that the City’s parkland standard is three acres per 1,000 residents for Pocket, Neighborhood, and Community parks, with an aspirational goal of five acres per 1,000 residents for all parks throughout the city, if additional funding for regional parks and trails is identified. Using the City’s methodology of counting open space as parkland, Table 6-1 shows that the existing parks listed meets and even exceeds the General Plan’s parkland standard of 3 acres per 1,000 residents at a ratio of 3.45 acres per 1,000 residents. The parkland-to-resident ratio calculation uses a Southwest Fresno popula- tion of 12,649 people. Note that the table does not include Southwest Fresno’s Regional Sports Complex since it is a regional park and more than 40 acres in size. There has been extensive discussion from the community about what types of open space meet the community’s criteria for usable parkland, which are reflected in Table 6-1. The community has expressed that there are certain types of open space designated by the General Plan that fall short of from the community’s parkland criteria and should not be considered usable parkland, described below: ■Ponding Basins and Ponding Basin Parks. Some of Fresno’s ponding basins are used seasonally as parkland. The Plan Area’s ponding basins (Basin FF and Basin TT2) are retention basins, which are designed to retain and infiltrate water. The community, however, does not consider ponding basins/ponding basin parks as adequate parkland because they have limited amenities and access. The west section of Basin FF (west of West Avenue) is for recharge only and has no public access. The east section of Basin FF has a tot lot at the southeast corner, which is open to the general public year-round, but access to the rest of the basin is used as a driving range and limited to the Fresno-Greater San Joaquin Valley Junior Community park with playground structures surrounded by housing. Chapter 6 | Public Facilities 6-3 PARK NAME EXISTING ACREAGE NOTES EXISTING AMENITIES Chandler*2.00 Mini park surrounded on all sides by housing; located west of Chandler Airport Barbecues, Basketball Courts, Children’s Play StructuresArea, Picnic Tables, Drinking Fountain CFD11_ TR5549_04*0.35 Surrounded on all sides by housing; unnamed Benches, Walking Course Habitat*1.30 Surrounded on all sides by housing None Sunset*0.98 Located next to the Sunset Neighborhood Center and Sunset Elementary School Barbecues, Children’s Play StructuresArea, Community Center, Computer Lab, Kitchen, Picnic Tables, Restrooms, Social Hall, Wading Pool, Parking Lot Mary Ella Brown*4.25 Located next to the Mary Ella Brown Community Center Baseball/Softball Fields, Children’s Play StructuresArea, Community Center, Computer Lab, Football/ Soccer Field, Kitchen, Parking Lot, Restrooms, Social Hall, Swimming Pool, Wading Pool, Community Garden, Basketball Courts Neilsen*4.15 Neighborhood park adjacent to Fresno Park Barbecues, Baseball/Softball Fields, Basketball Courts, Children’s Play StructuresArea, Football/Soccer Field, Picnic Tables, Restrooms, Benches, Drinking Fountain Almy Park*0.41 New pocket park built by Habitat for Humanity Benches, Shade StructuresCanopy Tent, Picnic Tables/Benches, Children’s Play Structures Hinton*6.18 Just outside of the Plan Area, but within walking distance of Plan Area residences; located next to Cecil C. Hinton Community Center Barbecues, Baseball/Softball Fields, Basketball/Tennis/Hockey Court, Children’s Play Area, Football/ Soccer Field, Picnic Tables, Tennis Courts Bigby-Villa*2.09 Pocket park just outside of the Plan Area, but within walking distance of Plan Area residences; near Bigby Villa Apartments Children’s Play Area Pride Park*0.38 Pocket park just outside of the Plan Area, but within walking distance of Plan Area residences and near Franklin School Benches, Trash Can, Porta Potty Ponding Basin/Park FF 1.47 Owned by FMFCD; this acreage only accounts for the portion that is usable year- round Barbecue Grills, Benches, ShadeCanopy Structure, Drinking Fountains, Picnic Tables, Picnic Shelter, Children’s Play Structures Ponding Basin/Park TT2 4.00 Owned by the FMFCD; this acreage only accounts for the portion that is most accessible with amenities during non-rainy seasons; closed during rainy season Benches, Canopy Structures, Play Structures Hyde*16.03 Neighborhood park near toxic site; on landfill None TOTAL ACREAGE 43.5918.91 acres Parkland- to-Residents Ratio 3.451.49 acres per 1,000 residents TABLE 6-1 Existing Parkland Inventory Counted Toward the General Plan’s 3 Acres per 1,000 Residents Standard Source: Acreage and list of amenities from City of Fresno.* Parks owned by the City of Fresno. Southwest Fresno Specific Plan6-4 INCREASING WALKABILITY TO PARKS The Plan designates locations for new parks, taking into consideration whether the park would be within walking distance to nearby residences and focusing on areas where existing residences lack convenient access to parkland. In general, new parks are located at the nodes of complete neighborhoods. Figure 6-1 shows the locations of existing and new parks relative to all types of exist- ing and new residential uses within the Plan Area. Golf Foundation. Basin TT2’s “upper level” play area is generally closed during the winter depending on the conditions affected by the winter season’s rain. ■Hyde Park. The community expressed that open space located on or close to a landfill or toxic site, such as Hyde Park, should not be counted as parkland due to concerns for the community’s environmental health and the limited uses allowed on the land. ■The Regional Sports Complex. The community thinks that the Regional Sports Complex is inadequate parkland because it is not within walking distance of most existing Southwest Fresno residential neighborhoods and requires an entry fee. When following the community’s parkland criteria and excluding the types of unusable parkland previously described such as ponding basin park areas with limited access and Hyde Park, Table 6-1 reflects the community’s parkland criteria and does not include Hyde Park nor the full acreage for ponding basin parks, which includes portions of the ponding basin park that are used for retention, not publicly accessible, or not open year-round. The General Plan states that the City’s parkland standard is three acres per 1,000 residents for Pocket, Neighborhood, and Community parks, and two acres per 1,000 residents for Regional Parks, trails, and greenways. Table 6-1 shows that existing parkland in Southwest Fresno equals a total of 22.09 18.91 acres, which yields a parkland-to-resident ratio of 1.74 1.49 acres per 1,000 residents. 1.74 1.49 acres per 1,000 residents is well below the General Plan’s three 3 acres per 1,000 residents standard. The Plan recommends providing new parkland to increase total acreage. The Plan also recommends as well as the following actions mitigations regard- ing that would improve the conditions of inad- equate existing parks so that the existing parkland in Southwest Fresno better fits the community’s parkland criteria: ■Increase access and improve amenities at ponding basin parks. To improve the usability of ponding basin parks, the Plan recommends increasing amenities and access so that these parks can function better as parkland in order to serve nearby residents. Furthermore, parkland acreage for ponding basin parks should be limited to the upper and/or middle levels of the park that are usable as parkland; this method of counting acreage will improve the accuracy of the parkland-to-resident ratio. These acreage totals are already reflected in Table 6-1. ■Re-designate Hyde Park’s land use from Community Park to general Open Space. Because Hyde Park is located on a landfill, park amenities and development on the land are limited. Re-designating Hyde Park as a different type of land use will improve the accuracy of the parkland-to-resident ratio in Southwest Fresno. ■Increase accessibility to the Regional Sports Complex. Currently, the Regional Sports Complex is located away from existing residential neighborhoods and has limited walkable or bikeable access. As described in Chapter 5, Transportation, the Plan proposes to connect all Southwest Fresno neighborhoods to the Regional Sports Complex via new bikeways and multi-use trails. The Plan’s overall land use vision also locates new residential neighborhoods in the Sphere of Influence (SOI) within walkable distance of the Regional Sports Complex. Chapter 6 | Public Facilities 6-5 FIGURE 2-1 Conceptual Vision for Southwest Fresno 41 41 180 99 99WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVE ATCHISON ST ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O L LI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AV E CHURCH AV E VALENTINE AVEMADI SON AV E KE ARNEY B LV D WALNUT AVEFRUIT AVEELM AVEMLK JR. BLVDFIG AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECALIFORNIA AV E WHITES BRIDGE AVE 00.25mi 0.25mi New Parks Existing Neighborhood/ Community Center with Park Facilities Existing Schools New Schools Residential Areas Underserved by Existing Parks Existing Parks Existing Residential Areas New Residential Areas ½-mile Walkable Radius Around New Parks ½-mile Walkable Radius Around Existing Parks Source: City of Fresno Sphere of Influence City Limit Plan Area FIGURE 6-1 Residential Areas Served by Existing and New Parks 2 1 3 4 5 CHANDLERPARKCHANDLERPARK REGIONALSPORTSCOMPLEX REGIONALSPORTSCOMPLEX MARY ELLABROWNCOMMUNITYCTR. MARY ELLABROWNCOMMUNITYCTR. SUNSET NBHD. CTR.SUNSET NBHD. CTR. HINTONPARKHINTONPARK BIGBY-VILLAPARK BIGBY-VILLAPARK PRIDEPARKPRIDEPARK WEST FRESNOMIDDLEWEST FRESNOMIDDLE WEST FRESNOELEMENTARYWEST FRESNOELEMENTARY RUTHERFORDB. GASTONMIDDLE RUTHERFORDB. GASTONMIDDLE WEB DUBOISPUBLIC CHARTERWEB DUBOISPUBLIC CHARTER BETHUNEELEMENTARYBETHUNEELEMENTARY SUNSETELEMENTARYSUNSETELEMENTARY CFD11_TR5549_04 PARKCFD11_TR5549_04 PARK HABITATPARKHABITATPARK PARKTT2PARKTT2 PARK FFPARK FF NEILSENPARKNEILSENPARK ALMYPARKALMYPARK FIGURE 6-1 Residential Areas Served by Existing and New Parks Southwest Fresno Specific Plan6-6 Residential areas within the dashed blue circles are within a half-mile-radius walking distance from existing parks; residential areas within the dashed white circles are within a half-mile-radius walking distance from new parks. At full build-out, existing and new parks within the Plan Area will serve all existing and new residential areas within a half-mile walking distance. A few parcels west of Highway 41 are located just beyond the half-mile radius of proposed and existing public parks, however they are zoned Neighborhood Mixed-Use, which requires on-site open space. The prioritization of creating new parks should be based on whether its location will benefit an existing residential neighborhood that currently is not within walking distance of a park. Figure 6-1 sheds light on which existing residential neighborhoods are currently not within walking distance of a park, including the following areas numbered and outlined in orange on the map: (1) the area bounded by Marks, Madison, Lead, and Chandler Avenues; (2) the area bounded by MLK Jr. Boulevard, Kaviland, Garrett, Bardell, Grove, Clara, and Jensen Avenues; (3); the area/new apartment complex along Jensen Avenue near Elm Avenue; (4) the area bounded by Highway 41, Elm, Church, and Jensen Avenues; and (5) the area bounded by the Plan Area boundary to the west, and Walnut, Samson, and North Avenues. The construction of new parks located within half-mile radius distance of these aforementioned neighborhoods should be prioritized over the construction of other new parks. The locations of existing and new schools are also shown on the map to highlight opportunities for joint-use park space that could be accessible to the public during after-school hours. The City recently amended its joint-use agreements with the Central Unified School District and Fresno Unified School District to expand the community use of school sites in order to improve the opportunities for public and community recreational activity. Park with enhanced pedestrian crossing. Pocket park in the center of a residential neighborhood. Chapter 6 | Public Facilities 6-7 PARK IMPROVEMENTS In addition to providing an adequate amount of parkland within the Plan Area, existing parks should be renovated and new parks should be designed so that they have appropriate amenities that are considered valuable to the community. Improve- ments to existing parks should be prioritized over the construction of new parks. Amenities include not only infrastructure, but also landscaping, programs, and activities. As described earlier in the chapter, the Plan proposes to also increase existing park amenities at Southwest Fresno’s ponding basin parks, which include Park FF and Park TT2. Table 6-2 provides a list of essential and recommended amenities for parks. Each park should uniquely serve its nearby community by providing opportunities for desired activities and catering to the community’s social makeup (e.g., youth, elderly, dog owners, sports players). Park infrastructure should be in good condition and regularly maintained and cleaned. Parks should also feel safe and secure with adequate fencing and lighting as well as surveillance from enforcement officials and community members, as noted in Chapter 4, Development Regulations, under the Crime Prevention Through Environmental Design (CPTED) section. Playground with overhead shade structure. AMENITY TYPE ESSENTIAL RECOMMENDED Infrastructure ■Restrooms ■Water fountains ■Lighting ■Trash cans ■Benches or other forms of seating ■Playground equipment with shade structure ■Stage for cultural performances ■Community center for community parks and larger Activities ■At least one of the activities in the adjacent “Recommended” column ■Outdoor places to gather Two or more of the following: ■Baseball fields ■Basketball courts ■Tennis courts ■Soccer fields ■Bike and walking trails ■Barbecue areas ■Skate/BMX parks ■Off-leash dog area ■Water feature Landscaping ■Drought-tolerant trees for shade and vegetation ■Canopies with benches and tables ■Drought-friendly turf areas that can withstand heavy traffic TABLE 6-2 Essential and Recommended Park Amenities Southwest Fresno Specific Plan6-8 C. EDUCATION This section provides an overview of the school districts, an inventory of existing schools, and describes proposed improvements to existing schools and new schools. The Plan Area is made up of three unified school districts, but predominantly Fresno Unified in the northern half and Washington Unified in the southern half (see Figure 6-2). The Central Unified School District is located to the west of the Plan Area, but overlaps a minimal num- ber of existing residential properties within the Plan Area. Near the freeway intersection of Highway 41 and Highway 99, the school district boundaries of Fresno Unified and Washington Unified alternate in the east-west and north-south directions. It is likely that residents in this area may live in close proxim- ity of each other, but are assigned to different school districts, and thus attend different schools. The Plan Area consists of two elementary schools (Sunset and West Fresno), two middle schools (Rutherford B. Gaston and West Fresno), and no high schools. Rutherford B. Gaston (Gaston) Middle School was recently constructed. There are two charter schools, Bethune (elementary) and WEB Dubois (K to 12) within the Plan Area. Refer to Figure 6-1 for the locations of existing and proposed schools. Edison High School is located outside, but very proximate to the Plan Area, and is located within two districts, but belongs to Fresno Unified School District. Washington Union High School serves the Washington Unified District, but is located outside of the Plan Area and approximately four miles south of the Plan Area’s southern edge. Recently constructed Gaston Middle School. As described in the Community Environmental Health section in Chapter 1, Introduction, in South- west Fresno, a large percentage of adults have not completed high school and few have earned a college degree. Edison High and several elementary schools score below Academic Performance Index’s statewide standards. These academic indicators indicate a need for greater academic achievement among children and youth living in Southwest Fresno. EDUCATIONAL IMPROVEMENTS In the 2009 West Fresno Asset Map: Community Plan, the Southwest Fresno community identified improving financial literacy and promoting higher education/training for residents as a top priority, along with increasing funding for area schools. In 2010, the California Endowment launched its Build- ing Healthy Communities (BHC) initiative, a 10-year strategic plan designed to improve health systems and the physical, social, economic and service structures that support healthy living and healthy behaviors in central, southeast, and southwest sectors of Fresno. BHC recognizes the importance of schools as providing anchors in the communities they serve, as well as promoting healthy behaviors and serving as gateways for resources and services. It should be noted that educational facilities are provided by entities that have a special mission and financial structure to do so, such as a school district. The City of Fresno, as a local government, does not have direct control over schools; however, the City can partner with educational institutions to work toward common goals. Chapter 6 | Public Facilities 6-9 FIGURE 6-2 Schools and School Districts Sunset Elementary School Bethune Elementary School Edison High School Big Picture High School Columbia Elementary School Lincoln Elementary School King Elementary School Rutherford B. Gaston Middle School WEB Dubois Public Charter School West Fresno Middle School West Fresno Elementary School Kirk Elementary School Acel Fresno Charter High School Lowell Elementary School Yokomi Elementary School Jefferson Elementary School Pershing Continuation High School Anchor Academy Charter School West Park Elementary School 41 41 180 99 99 00.25mi 0.25mi EXISTING UNIFIED SCHOOL DISTRICTS Fresno Unified Washington Unified Central Unified Existing School FIGURE 6-2 Schools and School Districts Sphere of Influence City Limit Plan Area Sunset Elementary School Bethune Elementary School Edison High School Big Picture High School Columbia Elementary School Lincoln Elementary School King Elementary School Rutherford B. Gaston Middle School WEB Dubois Public Charter School West Fresno Middle School West Fresno Elementary School Kirk Elementary School Acel Fresno Charter High School Lowell Elementary School Yokomi Elementary School Jefferson Elementary School Pershing Continuation High School Anchor Academy Charter School West Park Elementary School Computech Middle SchoolMARKS AVEJEN SEN AVE CHURCH AV E M ADI SON AVE KEARNE Y BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEVALENTINE AVEANNADALE AV E NORTH AV E MARKS AVECALIF ORN IA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of Fresno Sunset Elementary School Bethune Elementary School Edison High School Big Picture High School Columbia Elementary School Lincoln Elementary School King Elementary School Rutherford B. Gaston Middle School WEB Dubois Public Charter School West Fresno Middle School West Fresno Elementary School Kirk Elementary School Acel Fresno Charter High School Lowell Elementary School Yokomi Elementary School Jefferson Elementary School Pershing Continuation High School Anchor Academy Charter School West Park Elementary School 41 41 180 99 99 00.25mi 0.25mi EXISTING UNIFIED SCHOOL DISTRICTS Fresno Unified Washington Unified Central Unified Existing School FIGURE 6-2 Schools and School Districts Sphere of Influence City Limit Plan Area Sunset Elementary School Bethune Elementary School Edison High School Big Picture High School Columbia Elementary School Lincoln Elementary School King Elementary School Rutherford B. Gaston Middle School WEB Dubois Public Charter School West Fresno Middle School West Fresno Elementary School Kirk Elementary School Acel Fresno Charter High School Lowell Elementary School Yokomi Elementary School Jefferson Elementary School Pershing Continuation High School Anchor Academy Charter School West Park Elementary School Computech Middle SchoolMARKS AVEJENSEN AV E CHURCH AV E MADISO N AVE KE ARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEVALENTINE AVEANNADALE AV E NORTH AV E MARKS AVECALIF ORN IA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of Fresno Southwest Fresno Specific Plan6-10 K to 12 Schools The Plan envisions each complete neighborhood with at least one or more grade schools so students can walk to school. This includes four elementary schools within the Plan Area (a total of nine in the Plan Area and SOI combined), two middle schools within the Plan Area (a total of five in the Plan Area and SOI combined), and one new middle/high school/special school within the SOI. Each school is either adjacent to or within one-eighth-mile from a nearby park. Community College The area identified as the “MLK Activity Center” in the Fresno General Plan (General Plan), bounded by Church Avenue, Martin Luther King Jr. Boule- vard, Jensen Avenue, and Knight Avenue, is envi- sioned as the future home to an educational use, particularly a community college campus. While it is not certain that a community college campus will be funded and built in Southwest Fresno, the land use map proposes Public Facility - College to allow this type of development. The areas surrounding it are planned for housing, community commercial uses, mixed use, and a park in order to facilitate compatible uses. Training Centers To offer more opportunities for residents to in- crease their skills and improve overall employment in Southwest Fresno, the Plan identifies locations for public facilities which can be used for training centers for young people and adults. This priority is tied to the City’s healthy community goal. When communities can obtain quality education and job training, secure employment with living wages that allow self-sufficiency, and feel safe within one’s neighborhood, they are likelier to enjoy healthy lives. D. OTHER PUBLIC FACILITIES Other public facilities with dedicated land area within the Plan Area include hospital/clinic, neigh- borhood centers, and PG&E stations. As described in the Community Environmental Health section in Chapter 1, Introduction, the choices to access medical care have improved in recent years. Medi- cal care facilities that serve the Southwest Fresno community include Easton Community Health Center, Elm Community Health Center (Clinic Sierra Vista), West Fresno Community Health Center, and Gaston Middle School’s on-site health clinic. California State University, Fresno college campus serves as a community college magnet use. Chapter 6 | Public Facilities 6-11 E. GOALS AND POLICIES The following goals and related polices address Parks and Open Space, Education, and other Public Facilities, and are intended to work in tandem with and refine those of the General Plan. The 2017 Fresno Parks Master Plan, which is now being developed, identifies parks-related citywide challenges that are similar to those in Southwest Fresno and in response, contains efficiency and quality standards for Fresno parks citywide. The Fresno Parks Vision document completed in December 2016 envisions a citywide parks system that provides parks that are accessible, equitable, healthy, safe, beautifully designed, and innovative. The identified citywide challenges include poor conditions of parks; lack of accessibility; crime and safety; and lack of shade. The following Parks and Open Space goals and policies strive to address these challenges and realize the Plan’s vision. Goal PF-1 Improve existing parks as the highest priority to create high quality outdoor spaces that Southwest Fresno residents care about in order to foster a healthy and active community. Policy PF-1.1 Upgrade the amenities in existing parks, including ponding basin parks, by first improving the condi- tions of existing amenities and then renovating parks to provide new amenities. All parks should have well-maintained and fully acces- sible essential and desired ameni- ties, including park infrastructure, activities, landscaping, and seating. Policy PF-1.2 Provide a sense of safety and security at existing parks by ad- dressing delinquent activities and occupation by transient popula- tions through enforcement and community design in keeping with CPTED principles. Policy PF-1.3 Remediate toxic sites on and/ or directly adjacent to existing parkland to improve the environ- mental health of the community and prepare the sites for other potential uses, with the reme- diation of Hyde Park being a high priority. Seek funds to implement remediation. Goal PF-2 Increase the overall amount of usable parkland within Southwest Fresno allowing varied recreation- al opportunities for the entire Southwest Fresno community. Policy PF-2.1 Develop new parks, tot lots, and playing fields within a half-mile walking distance (a ten-minute walk) from existing and new resi- dential areas, prioritizing existing developed neighborhoods that are deficient of such amenities and in areas along transit-priority cor- ridors such as California Avenue, Martin Luther King Jr. Boulevard, and Elm Avenue. Policy PF-2.2 If possible, site new parks to have maximum visibility by surrounding residences to increase “eyes on the street” and thus create natural surveillance in keeping with CPTED principles. Policy PF-2.3 Utilize vacant and/or underutilized land for park uses. The transforma- tion of vacant and/or underutilized land into parks can be phased over time with temporary or transitional park activity. Policy PF-2.4 Meet the General Plan’s parkland standard for at least three acres of parkland to be provided per 1,000 residents for all parkland less than 40 acres in size owned and/or maintained by the City of Fresno, San Joaquin River Parkway, FMFCD ponding basin/parks, owned and maintained by an HOA and Southwest Fresno Specific Plan6-12 publically accessible (no gate), and where there is little likelihood that the use or access will change, while striving for five acres of parkland to be provided per 1,000 residents which includes all parkland count- ed toward three acres per 1,000 residents, all parkland 40 acres or greater in size, and all trails of any size. As new development occurs in the Plan Area, monitor residential population growth compared to development of new parklands to meet the three acres of parkland to be provided per 1,000 residents ratio. If the ratio is not met, explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. Policy PF-2.5 Promote joint-use public facili- ties, such as community centers, libraries, parks, school fields, playgrounds, gyms, auditoriums, and aquatic facilities, which can augment and provide a wider range of recreation activities and park amenities to the public. Goal PF-3 Enhance the natural landscape and character of Southwest Fresno by integrating the natural environment with the built envi- ronment. Policy PF-3.1 Promote tree planting on private and public property, including parks and parking lots, to increase the amount of tree canopy and enhance the aesthetic of South- west Fresno. Policy PF-3.2 Provide a network of multi-use trails, including along the Fresno Irrigation District (FID) canal right- of-ways, to provide an off-street trail system that is integrated into the transportation network while also providing opportunities for recreation and access to nature and parks. Policy PF-3.3 Utilize landscaping as buffers between sensitive uses such as residential areas and schools from higher intensity development and transportation per the Citywide Development Code. Policy PF-3.4 Encourage the use of low water- use plant materials and water efficient landscaping initiatives for the Plan Area. Goal PF-4 Provide adequate access to medi- cal facilities to support the mental and physical health of Southwest Fresnans. Policy PF-4.1 Work with the County of Fresno Health Department and hospitals to increase siting and development of small-scale medical clinics and larger-scale medical facilities, particularly within magnet cores. Goal PF-5 Ensure that the amount of exist- ing and new schools within the Plan Area adequately support the number of existing and new residents. Policy PF-5.1 Work with school districts and public charter schools in siting new schools for anticipated potential increases in the Southwest Fresno residential population and the re- sulting impacts on school capacity and enrollment. If necessary, assist the school districts with future plan amendments to add new school sites. Goal PF-6 Provide public educational and training facilities that help fos- ter the pursuit and achievement of higher education and higher skilled vocations. Chapter 6 | Public Facilities 6-13 Policy PF-6.1 Provide new adult and youth educational and job training programs in existing and new public facilities or institutions, such as offices and schools within the Plan Area or in close proximity, that prepare residents for medium- and high-wage jobs. Policy PF-6.2 Support the current initiative to locate a new job training center accessible to Southwest Fresno residents. Policy PF-6.3 Work with the State Center Com- munity College District’s Board to fund and develop a community college campus within the Plan’s southern magnet core/MLK Activity Center. Policy PF-6.4 Work with youth-oriented com- munity organizations to develop programs that help nurture leader- ship and ambition in the youth of Southwest Fresno. Goal PF-7 Increase opportunities for resi- dents to improve their job skills and employment options. Policy PF-7.1 Coordinate existing training programs with the Fresno Regional Workforce Investment Board, educational institutions, and public charter schools to identify program gaps and areas of overlap. Policy PF-7.2 Work with local schools, com- munity groups, and non-profits to connect students and residents to existing training programs. Policy PF-7.3 Partner with the Workforce Invest- ment Board, or other interested organizations, businesses, schools, and residents to expand opportuni- ties for youth jobs for after school and summer work, volunteer posi- tions, and other skills development opportunities. Policy PF-7.4 Establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents in the 93706 zip code, consistent with applicable laws. Goal PF-8 Locate parks, schools, and other public facilities equitably. Policy PF-8.1 Work with school districts and public charter schools to establish joint-use agreements to share school facilities, such as fields, playgrounds, gyms, auditoriums, and aquatic facilities, in order to provide a wider range of recreation programs and maximize the efficient use, maintenance, and supervision of public facilities. Policy PF-8.2 Identify, where appropriate, joint- use opportunities to site parks near other City service facilities. Policy PF-8.3 Work with hospitals and the County of Fresno Health Depart- ment to site medical clinics and medical facilities. Goal PF-9 Support programs, leadership, and opportunities for Fresno’s youth of all ages and abilities. Policy PF-9.1 Work with public agencies, community-based organizations, and school districts to provide afterschool programs for youth. Policy PF-9.2 Facilitate connections to schools and community resources. Policy PF-9.3 Involve youth directly in planning for services and programs to increase program innovation and youth ownership and interest. Chapter 7 | Utilities 7-1 UTILITIES A. INTRODUCTION Utility services in the vicinity must be enhanced to support the development of the Southwest Fresno Specific Plan Area (Plan Area). This area is a mixture of undeveloped and developed agricultural, residential, public, commercial and industrial land uses. Utility providers currently serving existing needs have plans in place to serve future needs in accordance with the Fresno General Plan (General Plan) for the area. Water and sewer services are provided by the City of Fresno; storm water drainage systems are constructed and maintained by the Fresno Metropolitan Flood Control District (FMFCD); irrigation water is supplied by the Fresno Irrigation District (FID); electricity and gas utilities are provided by Pacific Gas and Electric (PG&E); and telephone, fiber, and cable service is provided by AT&T/Comcast/Xfinity. Recycled water is anticipated not yet utilized in the Plan Area (see Figure 7-3). , but is planned and will be provided by the City of Fresno It is currently being provided just west of the Plan Area. Land use categories in the Plan Area are listed with total acreage for both existing and planned land uses in Table 7-1. 7 METHODOLOGY As described in Chapter 3, Land Use, the City of Fresno assigns dual land use designations to new parks, open space, and public facilities land. Many of the dual land use designations are more intensive than the primary planned land use. To best understand and plan for future utility needs, the utilities analysis compares the Plan Area’s most intensive land use designations with the General Plan’s least intensive designations since this comparison will result in the greatest possible change in water usage and basin volume. Southwest Fresno Specific Plan7-2 TABLE 7-1 Total Acreage by Land Use Classification for General Plan (GP) and Specific Plan (SP) LAND USE CLASSIFICATION AND ABBREVIATION GP (ACRES) SP (ACRES) AREA Δ (%) Employment - Business Park cbp 169.77 0.00 -100% Commercial - Community cc 59.85 109.82 83% Commercial - General cgh 0.37 0.37 0% Corridor/Center Mixed-Use cmx 69.12 96.29 39% Employment - Office co 16.11 194.26 1110% Commercial - Regional cr 38.20 63.53 66% Clear Zone cz 0.00 13.86 100% Commercial - Highway & Auto hwy 43.26 0.00 -100% Industrial - Heavy ih 36.41 0.00 -100% Industrial - Light il 108.49 0.00 -100% Neighborhood Mixed-Use nmx 0.00 136.25 100% Open Space - Ponding Basin obp 204.89 209.39 2% Open Space - Park orp 3.49 1.61 -54% Open Space - Community Park orpc 48.11 1.94 -96% Open Space - Neighborhood Park orpn 44.36 4.5 -96% Open Space - Regional Park orpr 246.17 134.64 -45% Public Facilities - Airport pa 1.95 1.95 0% Public Facilities - College pc 0.00 23.61 100% Public Facilities pf 30.03 137.39 358% Public Facilities - Neighborhood Center pnc 5.44 5.44 0% Public Facilities - Church pqch 2.05 0.00 -100% Public Facilities - PG&E Substation pqge 3.84 3.84 0% LAND USE CLASSIFICATION AND ABBREVIATION GP (ACRES) SP (ACRES) AREA Δ (%) Public Facilities - Hospital pqmh 5.08 5.08 0% Public Facilities - Elementary School pse 37.59 17.96 -52% Public Facilities - Middle School psm 63.66 38.94 -39% Public Facilities - Water Recharge pwrb 6.66 6.66 0% Residential High Density rh 22.05 0.00 -100% Residential Low Density rl 41.39 41.39 0% Residential Medium Density rm 828.25 873.82 6% Residential Medium High Density rmh 32.13 33.79 5% Residential Medium Low Density rml 534.56 511.80 -4% Residential Urban Neighborhood Density run 90.91 107.32 18% Note: The symbol Δ indicates the delta or change compared between the General Plan and Southwest Fresno Specific Plan. Sewer and Water Utility Analysis Land use comparisons between the General Plan and the Southwest Fresno Specific Plan (the Plan) were used to estimate changes to planned sewer and water systems for the Plan Area. The General Plan considers existing capacity, enhancements to existing system, as well as future sewer and water systems anticipated to meet future demand; the General Plan provided the baseline for the analysis. Changes in sewer and water demand were derived from acreage changes by land use with adoption of the Plan. Chapter 7 | Utilities 7-3 Constructed utility lines are sized and planned to meet the requirements of the area at full buildout as well as other known requirements of the utility owners. Construction of utility improvements will depend on sequence and schedule of develop- ment. Each land use was given a demand value in million gallons per day (MGpd) for both sewer and water. Demand calculations per land use under the General Plan and the Plan were summed separately and compared individually and the aggregate totals were checked. These calculations were broken down for the area within the Plan Area and outside the Plan Area but within the General Plan Sphere of Influence (SOI). Total aggregate capacity is one factor and largely determines the cost of water supply capital improvements and treatment plant capacity. In addition, spatial changes in land use and densities can have an impact on the water distribution and wastewater collection system requirements on a smaller scale. For example, single-family residences create a far different utility footprint and cost profile than an urban high density residential housing complex. These differences were captured through comparison of expected system designs for each type of land use. Storm Drainage Impacts Total aggregate capacity is important but for storm drainage cost determination, a far more crucial capacity is the required capacity for each storm water basin. There are currently 14 basin areas in the Plan Area and each of these areas was analyzed to determine changes from the General Plan baseline. Pivot table information based on the GIS analysis provided the acreages by flood control basin for analysis. B. WET UTILITIES NEEDS ANALYSIS AND IMPROVEMENTS WATER SUPPLY The City of Fresno Water Department will serve the Plan Area. Two water wells in the area and six wells outside the area supply water to a pipeline distribution network of more than 47 miles varying in size from four inches to 14 inches. Current system capacity, General Plan forecast required capacity, and the Plan required capacity are 2 MGD, 7.1 MGD, and 7.4 MGD, respectively. Utilizing the General Plan as the base for comparison, the Plan requires a 5 percent increase in water demand over the General Plan buildout. Figure 7-1 illustrates the existing and proposed water systems. The utilities are planned on expected future consumption. Future for water related capital improvements will need to comply with applicable federal, state and local requirements, including the City of Fresno Water Conservation Act. Future projects are required to consume lower than expected consumption. New municipal wells and water delivery pipelines will be required in the Plan Area to serve new growth; these new wells and pipelines were already identified as necessary in the General Plan. Facili- ties will be sized to provide delivery capacity to meet water demands during peak conditions and at the same time meet fire protection needs. Peaking factors, fire flow requirements, and a system pressure range, which must be utilized in designing the facilities, are set out in the City’s standard specifications. Table 7-2 compares the anticipated water usage per land use in the Plan to those in the General Plan. Southwest Fresno Specific Plan7-4 Plan Area Proposed Water Lines - 12” or Greater Existing Water Lines Proposed Water Lines - 8” Proposed Water Well NOTE: STREET LINE WORK OMITTED FOR CLARITY 00.25mi 0.25mi FIGURE 7-1 Proposed Water ImprovementsFIGURE 7-1 Proposed Water Improvements Note: Street line work omitted for clarity. Chapter 7 | Utilities 7-5 TABLE 7-2 Comparison of General Plan (GP) and Specific Plan (SP) Anticipated Water Usage per Land Use Classification LAND USE CLASSIFICATION AND ABBREVIATION GP WATER USAGE (MGPD) SP WATER USAGE (MGPD) US- AGE Δ (%) Public Facilities - PG&E Substation pqge 0.007 0.007 0% Public Facilities - Hospital pqmh 0.027 0.027 0% Public Facilities - Elementary School pse 0.098 0.047 -52% Public Facilities - Middle School psm 0.166 0.101 -39% Public Facilities - Water Recharge pwrb 0.000 0.000 0% Residential High Density rh 0.079 0.000 -100% Residential Low Density rl 0.066 0.066 0% Residential Medium Density rm 3.106 3.277 6% Residential Medium High Density rmh 0.143 0.000 -100% Residential Medium Low Density rml 1.443 1.382 -4% Residential Urban Neighborhood Density run 0.482 0.569 18% Total 7.063 7.411 5% LAND USE CLASSIFICATION AND ABBREVIATION GP WATER USAGE (MGPD) SP WATER USAGE (MGPD) US- AGE Δ (%) Employment - Business Park cbp 0.289 0.0 -100% Commercial - Community cc 0.102 0.187 83% Commercial - General cgh 0.001 0.001 0% Corridor/Center Mixed-Use cmx 0.118 0.164 39% Employment - Office co 0.027 0.331 1110% Commercial - Regional cr 0.065 0.108 66% Clear Zone cz 0.000 0.000 0% Commercial - Highway & Auto hwy 0.000 0.000 0% Industrial - Heavy ih 0.044 0.000 -100% Industrial - Light il 0.195 0.000 -100% Neighborhood Mixed-Use nmx 0.000 0.409 100% Open Space - Ponding Basin obp 0.051 0.052 2% Open Space - Park orp 0.005 0.002 -54% Open Space - Community Park orpc 0.072 0.002 -96% Open Space - Neighborhood Park orpn 0.067 0.007 -90% Open Space - Regional Park orpr 0.369 0.202 -38% Public Facilities - Airport pa 0.003 0.003 0% Public Facilities - College pc 0.000 0.066 100% Public Facilities pf 0.051 0.234 358% Public Facilities - Neighborhood Center pnc 0.007 0.007 0% Public Facilities - Church pqch 0.002 0.000 -100% Note: The symbol Δ indicates the delta or change compared between the General Plan and Southwest Fresno Specific Plan. Southwest Fresno Specific Plan7-6 WASTEWATER The Fresno-Clovis Regional Wastewater Rec- lamation Facility (RWRF) serves the Plan Area. Wastewater generated from homes and businesses in the Fresno/Clovis metro area travels through 1,500 miles of sanitary sewer lines to the facil- ity. The RWRF is located at Jensen and Cornelia Avenues near Southwest Fresno, approximately three miles west of the Plan Area. Currently, the City of Fresno’s wastewater collection in the Plan Area has over 100 miles of sewer lines ranging in size from six inches to 60 inches in diameter and four sewage lift stations. The Plan Area is currently planned to be served by four separate sewer areas. A Sanitary Sewer Feasibility Study may be required prior to development. Cost of this planning effort is not included in the cost estimates provided in this section of the report. Figure 7-2 illustrates the existing and proposed wastewater systems. Some areas in the Plan Area utilize septic systems. New development in the Plan Area will provide outlying areas, which are not currently served with sewer collection, the opportunity to connect to the City’s sewer system. Developers will be required to build, or contribute towards design and construc- tion, of collection systems sufficient to serve the ultimate required capacity at Plan buildout. For purposes of preparing the Plan, the existing systems and the added sewer requirements, based upon proposed land uses, have been considered. A combination gravity flow and force main system is assumed and reflected in the estimates. The current configuration utilizes four lift stations in the service area. The existing four stations will be upgraded and two additional stations have been included for this Plan. Alternative wastewater conveyance systems will also be explored. One such alternative will be a combined gravity and lift station system where the majority of the Plan Area would gravity flow to the regional treatment plant. Table 7-3 compares the anticipated wastewater generated per land use in the Plan to those in the General Plan. RECYCLED WATER USE Recycled water, an important water source for the City of Fresno, is not yet utilized in the Plan Area. The Plan presents an opportunity to integrate re- cycled water use into the associated improvements with buildout of the City of Fresno’s recycled water system. Green field installation of a distribution system at the initial development stage provides opportunity to plan optimum recycled water utilization within the Plan Area. The conceptual plans for the recycled water distribution system are shown in Figure 7-3. The recycled water plans are one area where the planned system was increased. The City park in the southwest portion of the Plan Area was not planned to be served by the recycled water system. Cost of a line to service this property has been included in the cost estimate. STORM SYSTEM The FMFCD serves both the existing City and County area with inlets, pipes and storage basins which provide flood control for the area. There are currently 14 drainage areas established in whole or part within the Plan Area. The drainage analysis covers 5,246 acres of the Plan Area and adjacent Sphere of Influence area. An additional area of 613 acres was studied and comprised of (1) upstream tributary areas which drain into the Plan Area and (2) additional drainage basin area downstream of the Plan Area where Plan Area water flows to basins outside the Plan Area. Figure 7-4 illustrates the existing and proposed storm water systems. FMFCD has based planning for the 14 drainage areas using the General Plan land use classifications for each drainage area. Beyond planning, the basins have been located, sized and in most cases basin property acquisition has been completed. The Plan must be analyzed and evaluated for impacts on the aggregate area as well as for each of the 14 planned basin areas. FMFCD guidelines allow a 20 percent change in required volume before FMFCD is required to resize the basin and either enlarge or change the location of the affected basin. The analysis in Table 7-4 shows all of the 14 FMFCD drainage basins are sized sufficiently for the Plan as compared to the General Plan. Chapter 7 | Utilities 7-7 Proposed Wastewater Lines - 12” or Greater Existing Wastewater Lines Proposed Sewer Capital Enhancement Existing Wastewater Lift Station Proposed Wastewater Lines - 8” Plan Area 00.25mi 0.25mi FIGURE 7-2 Proposed Wastewater ImprovementsFIGURE 7-2 Proposed Wastewater Improvements Note: Street line work omitted for clarity. Southwest Fresno Specific Plan7-8 TABLE 7-3 Comparison of General Plan (GP) and Specific Plan (SP) Anticipated Wastewater Usage per Land Use Classification LAND USE CLASSIFICATION AND ABBREVIATION GP WATER USAGE (MGPD) SP WATER USAGE (MGPD) USAGE Δ (%) Employment - Business Park cbp 0.136 0.000 -100% Commercial - Community cc 0.048 0.088 83% Commercial - General cgh 0.000 0.000 0% Corridor/Center Mixed-Use cmx 0.249 0.347 39% Employment - Office co 0.016 0.195 1110% Commercial - Regional cr 0.036 0.060 66% Clear Zone cz 0.000 0.000 0% Commercial - Highway & Auto hwy 0.000 0.000 0% Industrial - Heavy ih 0.042 0.000 -100% Industrial - Light il 0.130 0.000 -100% Neighborhood Mixed-Use nmx 0.000 0.273 100% Open Space - Ponding Basin obp 0.051 0.052 2% Open Space - Park orp 0.001 0.000 -100% Open Space - Community Park orpc 0.024 0.001 -96% Open Space - Neighborhood Park orpn 0.000 0.000 0% Open Space - Regional Park orpr 0.369 0.229 -38% Public Facilities - Airport pa 0.001 0.001 0% Public Facilities - College pc 0.000 0.033 100% Public Facilities pf 0.018 0.082 358% Public Facilities - Neighborhood Center pnc 0.002 0.002 0% Public Facilities - Church pqch 0.001 0.000 -100% LAND USE CLASSIFICATION AND ABBREVIATION GP WATER USAGE (MGPD) SP WATER USAGE (MGPD) USAGE Δ (%) Public Facilities - PG&E Substation pqge 0.002 0.002 0% Public Facilities - Hospital pqmh 0.020 0.020 0% Public Facilities - Elementary School pse 0.026 0.013 -52% Public Facilities - Middle School psm 0.045 0.027 -39% Public Facilities - Water Recharge pwrb 0.000 0.000 0% Residential High Density rh 0.075 0.000 -100% Residential Low Density rl 0.025 0.025 0% Residential Medium Density rm 0.745 0.786 6% Residential Medium High Density rmh 0.090 0.095 5% Residential Medium Low Density rml 0.909 0.870 -4% Residential Urban Neighborhood Density run 0.364 0.429 18% Total 3.118 3.436 10% Note: The symbol Δ indicates the delta or change compared between the General Plan and Southwest Fresno Specific Plan. Chapter 7 | Utilities 7-9 Proposed Recycled Water Lines Existing Street Existing Basins Plan Area 00.25mi 0.25mi FIGURE 7-3 Proposed Recycled Water ImprovementsFIGURE 7-3 Proposed Recycled Water Improvements Note: Street line work omitted for clarity. Figure Replaced Southwest Fresno Specific Plan7-10 Planned Recycled Water Main FIGURE 7-3 Proposed Recycled Water Improvements Note: Street line work omitted for clarity. Revised Figure Chapter 7 | Utilities 7-11 Note: Street line work omitted for clarity. Proposed Storm Drain Lines Existing Street Existing Basins Plan Area 00.25mi 0.25mi FIGURE 7-4 Proposed Stormwater Improvements AS NN ZZ RR3 RR1 FFFF OO TT1 TT2 II1 SSAU KK LL CQ AV AW2 FIGURE 7-4 Proposed Stormwater Improvements Figure Replaced Southwest Fresno Specific Plan7-12 Note: Street line work omitted for clarity.FIGURE 7-4 Proposed Stormwater Improvements Revised Figure Chapter 7 | Utilities 7-13 IRRIGATION The FID currently serves portions of the Plan Area. Irrigation water is provided by six FID facilities including the Kearney Avenue Basin No. 189 and five canal and/or pipeline facilities. While no additional capacity is required with implementation of the Plan, the irrigation system remains a factor and in place for three important reasons. 1. Existing service is required throughout the development period. In-holdings and undeveloped parcels still require irrigation water. 2. Irrigation facilities serve as a water transmission function across the area. This transmission capacity will be required following full buildout of the Plan. 3. The FID irrigation system serves a dual function: A) delivery of irrigation water, and B) storm water transmission during the wet season. The irrigation facilities serve a vital role in the storm water system as that capacity for conveying irrigation water is utilized to convey storm water during the wet season. Improvements in the irrigation system will be required with implementation of the Plan. Modifications will be required so that facilities are consistent with an developed urban context setting. These improvement costs are not controlled nor borne by the FID, but by developers which lead in determining both the scope and cost of the associated improvements. Those costs are included in general improvement budgets such as street construction and storm water projects. This is appropriate as no primary irrigation benefit accrues to the utility owner. The requirements of the final design are principally a function of the property developer. As a rule, all work must meet the FID standards and requirements for an urban setting. easement generally remains but Wwhether a canal is preserved as-is, improved, or replaced with a pipeline is determined by the developer of the project FID. In addition, FID is an interested participant and remains the facility owner involved in planning, design, and approving improvements, but scope and costs for these improvements are included in the development projects. TABLE 7-4 Comparison of Existing and Required Drainage System Capacity by Drainage AreaBasin Volumes for General Plan (GP) and Specific Plan (SP) DRAINAGE AREA PROPOSED PLAN WATERSHED AREAa BASIN SIZE (ACRES) GP REQUIRED BASIN VOLUME (ACRE- FEET) SP REQUIRED BASIN VOLUME (ACRE- FEET) Δ(%) Basin AR 0.5 0.23 0.23 0.0% Basin AS 637 126.06 130.79 3.8% Basin AU 376 70.76 81.07 14.6% Basin AV 526 178.00 148.92 -16.3% Basin CEb 0 0.0 0.0%0.0% Basin CP 311 61.97 53.82 -13.2% Basin CQ 220 46.76 52.25 11.8% Basin FF 273 62.68 62.68 0.0% Basin II1 168 39.88 41.51 4.1% Basin KK 250 79.83 73.61 -7.8% Basin NN 789 170.92 163.35 -4.4% Basin OO 113 33.49 33.46 0.0% Basin RR 12.4 1.41 1.41 0.0% Basin SS 520 117.44 119.28 1.6% Basin TT 563 140.39 138.85 -3.9% Basin ZZ 225 57.59 61.34 6.5% EXEMPT 101 43.86 43.74 -.3% OUT OF DRAINAGE AREA 774 115.03 144.97 26.0% Total 5,859 1,346.3 1347.3 0.1% Note: a. Denotes watershed area (acres) located within Plan Area. b. Drainage area CE is located within the Plan Area; however, the Drainage Area has no contributing watershed within the Plan Area. The symbol Δ indicates the delta or change compared between the Gen- eral Plan and Southwest Fresno Specific Plan. Southwest Fresno Specific Plan7-14 C. DRY UTILITIES NEEDS ANALYSIS AND IMPROVEMENTS ELECTRICAL The Plan Area is currently serviced by PG&E, who operates and maintains transmission, switching substation(s), and distribution lines to serve the Plan Area. Implementation of the Plan will require expansion of the electrical distribution and transmission related facilities; this is not a change from what was anticipated in the General Plan. In addition to adding new distribution feeds, the range of electric system improvements needed to accommodate growth may include upgrading existing substation and transmission line equipment, expanding existing substation(s) to their ultimate build-out capacity, building new substations and interconnecting transmission lines. The new development will be responsible for the costs associated with the necessary expansion and upgrading of the systems. GAS SYSTEMS PG&E also operates and maintains natural gas transmission and distribution lines within the project site. Implementation of the Plan will require the expansion of distribution and gas transmission and related facilities to serve the Plan Area. The new development will be responsible for the costs associated with the necessary expansion and upgrading of these systems. D. COMMUNICATIONS AT&T, Comcast, and Xfinity (all AT&T companies) provide telephone, fiber, and cable services to the Plan Area. Implementation of the Plan will require expansion of communications systems to serve the Plan Area. The new development will be responsible for the costs associated with the neces- sary expansion and upgrading of any authorized systems. Chapter 7 | Utilities 7-15 E. GOALS AND POLICIES Goal U-1 Maintain, and if necessary, upgrade and augment utilities to support new development within the Plan Area and protect the health, safety, and welfare of existing and new residents and businesses. Policy U-1.1 Coordinate the installation and upgrading of utilities between the City and County. Policy U-1.2 Connect utilities, especially in previously undeveloped outlying areas, to the City’s existing utility system as a part of new develop- ment. Policy U-1.3 Require developers to build or contribute towards the design and construction of expanded and upgraded utilities to serve new development projects such as sewer collection systems, electric system improvements, commu- nication systems, and natural gas transmission and distribution lines. Policy U-1.4 Maintain a sustainable, safe and effective wet utilities system, including wastewater, recycled water, and irrigation, to provide a high level of wet utilities while also meeting high environmental quality standards. Policy U-1.5 Provide adequate sewage treat- ment and disposal by utilizing the City of Fresno’s regional wastewa- ter treatment plant for all existing and new development within the Plan Area. Policy U-1.6 Explore the opportunity to integrate recycled water use into the associated improvements with buildout of the City’s recycled wa- ter system, including the potential installation of a distribution system on green field. Policy U-1.7 Require that all new arterial street construction include underground- ing of electrical service and communications lines. Southwest Fresno Specific Plan7-16 Chapter 8 | Implementation 8-1 IMPLEMENTATION A. INTRODUCTION Private property owners and developers will undertake much of the work and make most of the investment needed to realize the vision for the Southwest Fresno Specific Plan (the Plan). Chapter 3, Land Use, and Chapter 4, Development Regulations, of the Plan will guide and regulate new development to ensure that it achieves the community’s vision. The private development, however, will require investments in public facilities and infrastructure— complete streets, water and sewer, stormwater drainage, and community parks. This chapter estab- lishes the funding and financing strategies that the City will use to ensure that new development pays its fair share of the costs for public facilities and services. The provisions included in this chapter incorporate existing City requirements, including development impact fees and community facilities districts for development projects. The community’s vision includes not just areas planned for new development but also the exist- ing neighborhoods and commercial corridors. However, without development impact fees, the existing neighborhoods could be waiting a long time for their share of the City’s general fund to pay for improvements to public facilities and infrastructure. Thus, this chapter also identifies tools with which neighborhoods can help pay to get improvements sooner rather than later. Finally, the community that residents experience is much more than streets and buildings, even though the Plan, by its nature, focuses on the built envi- ronment. Therefore, this chapter presents several economic development strategies through which residents can increase their economic security and enhance the community’s quality of life. 8 This chapter is organized into the following sections: A. Introduction B. General Implementation Strategy C. Funding and Financing Tools D. Economic Development Strategies E. Implementation Action Plan This chapter provides a framework for implementation. Even though parts of it provide specific details, it is still just a framework. It is fully expected that as conditions and market forces change over time, the City may adjust the details as needed to keep working toward the vision for Southwest Fresno. Southwest Fresno Specific Plan8-2 B. GENERAL IMPLEMENTATION STRATEGY PRINCIPLES The general approach to implementing the Plan incorporates several guiding principles: ■Development Needs to Pay Its Own Way. The City of Fresno will not subsidize new development. Development projects will pay their fair share for public facilities and services using developer-constructed improvements, development impact fees (DIFs), community facilities districts (CFDs), or other funding and financing mechanisms. ■The Purpose of the Specific Plan is to Attract Investment and Development. The community wants new investment and new development: attractive neighborhoods, vibrant commercial districts, and a pleasant and appealing public realm. Development standards, DIFs, and other requirements should not be so onerous as to inhibit or discourage the new development that the community desires. ■Public Facility and Infrastructure Improvements are Needed in Existing Neighborhoods. The Plan should provide ways to improve the public facilities and infrastructure in existing neighborhoods and commercial areas to a similar quality as will be required for new neighborhoods and commercial areas. However, it is recognized that there are funding constraints and improvements to existing neighborhoods and commercial areas may take time. ■Implementation Should be Coordinated with the Annual Budget Process. To avoid being the proverbial plan on a shelf, implementation must be coordinated with the City’s annual budget process. The implementation framework should be laid out by fiscal year to ensure that individual implementation actions can be programed into departmental work programs and that adequate funding can be budgeted each year. ■Infill Development Projects Are Important to Catalyze Buildout of the Specific Plan. The City should incentivize initial infill development projects to prove the market demand for infill projects in the plan area. Incentives could include fee waivers, support for grant applications, and shifting of some costs to assessment districts. ■Programs and Services are as Important to the Vision as Streets and Buildings. The implementation plan should include necessary programs and services, not just capital investments for facilities and infrastructure. ■Ongoing Operations and Maintenance is as Important as Constructing Improvements. The Plan needs to provide a mechanism to pay for ongoing operations and maintenance for new or improved public facilities and services. ■Development of the Plan Does Not Require the Use of Eminent Domain. The Plan does not contemplate the broad-spread use of eminent domain as an implementation tool as there is an abundant amount of vacant land to accommodate proposed new uses. Generally, street widenings and site acquisitions for uses such as schools can be accomplished through cooperative property acquisition where the property owner is paid fair market value. Eminent domain is only used as a last resort in situations where no agreement can be made. However sometimes eminent domain may be used as a last resort to widen a street or acquire a school site, for example, in which no agreement can be made. INSTITUTIONAL FRAMEWORK To oversee the implementation of the Plan, the City should establish an implementation oversight committee comprised of residents, businesses, and representatives of civic organizations in the Plan Area. At a minimum, this committee should col- laborate with City staff to prepare an annual report to the Mayor and City Council on the progress of implementation and recommending subsequent implementation measures, including future capital improvements. Beyond the annual report, the City may want to consider tasking this committee Chapter 8 | Implementation 8-3 with reviewing and commenting on proposed development projects. The City could also task this committee with responsibilities related to branding and marketing the Southwest Fresno community. C. FUNDING AND FINANCING TOOLS This section identifies the funding and financing tools that are anticipated to be used for imple- menting the Plan. This list is not exhaustive, and new tools may be made available by the legislature. If a new or different funding or financing tool is available at the time of implementation, the most effective tool should be used. ESTIMATED INFRASTRUCTURE COSTS In preparing the Plan, the costs to provide major infrastructure were estimated. Table 8-1 below provides the rough cost estimates for the Plan Area. In addition, Table 8-1 provides rough cost estimates to provide infrastructure for buildout of the adjacent areas that are within the City’s Sphere of Influence (SOI). The funding and financing tools and the implementation action plan are focused on the infrastructure and estimated costs in the Plan Area. However, the cost for infrastructure in the adjacent SOI areas are provided for context in case future applications are filed to annex SOI areas into the city limit. Specific costs and the mechanism to pay for those costs will need to be decided on a case-by-case basis for each annexation that is filed. Table 8-1: Estimated Wet Infrastructure Costs TYPE OF INFRASTRUCTURE ESTIMATED COST (PLAN AREA)ESTIMATED COST (SOI) Water $21,611,000 $22,289,000 Recycled Water $2,336,000 $2,184,000 Storm Drain $13,722,000 $6,862,000 WasteWater $22,951,000 $24,711,000 General Costs $6,062,000 $5,605,000 TOTAL $66,682,000 $61,651,000 TABLE 8-1 Estimated Wet Infrastructure Costs NEW DEVELOPMENT Developer-Constructed/Funded Improvements For public facilities and infrastructure on or adjacent to a site proposed for development or new construction, the preferred method to pay for the improvements is for the developer to construct or pay for the improvement as a condition of approval. In some cases, the development of one or more parcels in the Plan Area may require the construc- tion of off-site infrastructure improvements, the size of which may be larger than what is needed to serve just the proposed development. In such cases, if the City does not have the funds available to pay for the additional infrastructure capacity, the property owner or developer may agree, through a development agreement, to pay for the full cost of the off-site infrastructure improvement and to be repaid as additional development occurs. The development agreement would stipulate the terms of such repayment. If the cost of infrastruc- ture improvements is to be repaid to a property owner, developer, or other entity that paid the upfront cost, the City may prohibit other develop- ment under the Plan until the project applicant has paid the required infrastructure cost repayment fee in accordance with the terms of the development agreement. Southwest Fresno Specific Plan8-4 Development Impact Fees Development impact fees (DIFs) are a one-time charge to new development imposed under the Mitigation Fee Act (California Government Code, Section 66000, et seq.). These fees are charged to new development to mitigate impacts resulting from the development activity, and cannot be used to fund existing deficiencies. This means that new development can only pay for part of the improve- ment cost for projects that benefit existing uses as well as new development and the City must find another funding source to cover the costs for the improvements that benefit the existing uses. Impact fees must be adopted based on findings of reasonable relationships between the develop- ment paying the fee, the need for the fee, and the use of fee revenues. The City of Fresno has DIFs for police, fire, parks, and streets impacts. The implementation plan calls for the City to update the impact fees for the Plan Area based on updated infrastructure cost estimates. The City can allow for credits and reimbursements for capital projects funded by an impact fee that are constructed privately by developers and dedicated to the City. Depending on the specific implementation guidelines of the fee program, a development project could choose to dedicate land or make certain improvements and receive a credit against the impact fee due. A “credit” is the amount counted against the developer’s fee obligation. A “reimbursement” is the amount that exceeds the developer’s fee obligation. Because each development pays only for its fair share of a public facility or infrastructure improve- ment, the City may not have the necessary funding to pay for improvements until other developments are approved and constructed. If the City has funds available, it can construct the improvements and get repaid over time. If the City does not have funds available, it might be the case that a commu- nity facilities district, which can bond against future revenue, would be a better funding mechanism than a DIF. Community Facilities District Community facilities districts (CFDs) can fund the planning, design, purchase, construction, expan- sion, improvement, or rehabilitation of capital facilities, defined as having a useful life of five or more years. CFDs can also fund the provision of a variety of public services, such as public safety, parks and recreation, schools, library and cultural facilities, landscape maintenance and lighting, flood control, and site remediation. The Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) authorizes the establishment of CFDs. CFDs levy a special tax. This tax may be applied to the value of each property, rather than assessed based on the level of special benefit received. However, because it is a special tax, a two-thirds majority vote is required to approve the levy of the special tax. If the district has twelve or more registered voters, the election polls voters, with each having an equal vote. If there are less than twelve registered voters, the election polls property owners, with each vote weighted by acreage owned within the district boundary. Properties within the district need not necessarily be contiguous. Finally, establishing a CFD requires only a general description of the facilities, services, and costs associated with the district, not the detailed engineer’s report required for assessment districts. CFDs may fund the construction of the following types of facilities: ■Local park, recreation, parkway, and open- space facilities ■Elementary and secondary school sites and structures ■Libraries ■Childcare facilities ■Transmission/distribution facilities for water, natural gas, telephone, electrical energy, and cable television ■Flood, storm protection, and storm drainage facilities Chapter 8 | Implementation 8-5 ■Other governmental facilities the legislative body creating the district is authorized by law to contribute revenue toward, construct, own, or operate ■Work to bring public or private buildings or real property into compliance with seismic safety standards and regulations ■CFDs may also fund the following types of services: ■Police protection services ■Fire protection and suppression services and ambulance and paramedic services ■Recreation program services, library services, maintenance services for elementary and secondary school sites and structures, and the operation and maintenance of museums and cultural facilities ■Maintenance of parks, parkways, and open space ■Flood and storm protection services including, but not limited to, the operation and maintenance of storm drainage systems and sandstorm protection systems ■Removal or remedial action services for the cleanup of any hazardous substance released or threatened to be released into the environ- ment One key advantage of a CFD is that it can issue bonds, secured by the anticipated future tax revenue. This allows improvements to be con- structed sooner, rather than later. They can also be beneficial to developers because they do not have to recoup the cost of the improvements from the sales price of each new house or building. In contrast, with DIFs, the developer borrows the cost of the DIFs and must reflect that cost in the sales price. Finally, unlike other types of bonds, it is the CFD and ultimately the property owners responsible for repaying the bonds. The City is not directly liable. Enhanced Infrastructure Finance Districts Legislation in 2015 enabled the formation of Enhanced Infrastructure Financing Districts (EIFDs). An EIFD diverts local property tax revenues (through tax-increment financing) to either pay directly for the construction of infrastructure and public facility improvements, or to issue bonds to finance those improvements. No public vote is re- quired to establish an EIFD, but a 55 percent voter approval is required to issue bonds. However, EIFDs cannot divert property tax increment revenues from schools and can only capture tax increment from taxing jurisdictions that agree to forego their incremental property tax revenue. In the case of Southwest Fresno, the City of Fresno would need to agree to forego the increase in property tax revenue that is generated by increase in property values in the EIFD. EIFDs can fund: ■Roads, highways and bridges ■Parking facilities ■Transit stations ■Sewage and water facilities ■Flood control and drainage projects ■Solid waste disposal ■Parks and libraries ■Child care facilities ■Brownfield restoration ■Environmental mitigation ■Military base reuse projects ■Affordable housing ■Private industrial buildings ■Transit oriented development projects ■Projects carrying out sustainable community strategies Southwest Fresno Specific Plan8-6 EXISTING DEVELOPMENT The preceding funding and financing mechanisms can technically be used for improvements in existing neighborhoods and commercial areas. However, the developer constructed/funded improvements and DIFs would only apply to new infill development projects, and CFDs and EIFDs may prove unworkable because they must be ap- proved by voters in the district. The tools described below have more relevance for funding and financing improvements in existing neighborhoods and commercial areas. General Fund The most direct way to fund public facilities and infrastructure improvements in existing neighbor- hoods and commercial areas is through the City’s general fund. However, implementation projects in Southwest Fresno must compete with demands for general fund investment in every other part of the City. Furthermore, the amount of funding that might be available through the general fund could be quite limited. Assessment Districts In existing neighborhoods and commercial areas, groups of property owners may desire to have public facilities and infrastructure improvements sooner rather than waiting for general fund monies to become available. Assessment districts could help finance the construction of public improve- ments on public property, public rights-of-way, and public easements in these areas. The public must pay for the portions of the improvements that provide general benefit to the public at large, but real property that receives a special benefit may be assessed for the costs, proportional to the level of benefit received. Three different provisions of state law authorize assess- ment: ■Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) ■Improvement Act of 1911 (Streets and High- ways Code Sections 5000 et seq.) ■Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 et seq.), which contains only provisions for establishing assessment districts Assessment districts are intended to finance construction of physical improvements. They cannot pay for operations and maintenance or additional services. If additional improvements are desired after an assessment district is established, the entire process is required for those additional improvements. Assessment districts may be used to finance improvements in one of two general ways: 1) the assessments may repay the City for the upfront costs of improvements and 2) the City may also issue bonds pursuant to an assessment district and use the proceeds to fund the infrastructure improvements and use the assessments to repay the bonds. Generally, assessment districts can be used to finance these improvements: ■Local streets ■Streetlights ■Parks ■Water supply and distribution facilities ■Gas and electric power ■Landscaping ■Sidewalks ■Sanitary sewers ■Flood control and drainage improvements ■Parking facilities The authorizing statutes referenced above set forth procedures for establishing assessment districts. Under existing State law, however, establishment of an assessment district cannot occur if a majority of the affected property owners object (weighted by the value of the proposed assessment). Prior to holding a vote on an assessment district, the City must pay for engineering design and construction documents and bid the project out. If a majority of property owners rejects the assess- ment district, then the City is responsible for the Chapter 8 | Implementation 8-7 cost of developing the construction documents. Thus, establishing an assessment district usually requires a great deal of time working with property owners so that the City is relatively certain that they will not vote against establishing the district. Contractual Assessment District In a typical assessment district, a municipality determines the cost of public improvements and places a levy on each property in the area unless a majority of property owners object. In contrast, a contractual assessment district is completely voluntary. A contractual assessment district could be an alternative when a majority of property own- ers in an area do not want to pay for public facility and infrastructure improvements, but a sizeable number of them do. A municipality establishes a contractual assessment district program, creating guidelines that identify the types of improvements, costs, and locations. If and when a property owner wants to participate, the owner can voluntarily enter into a contractual assessment. Because the program is completely voluntary and because it applies to only one property at a time, there is no voting, balloting, or engineer’s report, as is required with a conven- tional assessment district. Typically, the program authorizes the City Manager or some other staff position to execute the contract on behalf of the City, thus eliminating the need for a public hearing. These assessments are authorized by Contractual Assessments (part of the Improvement Act of 1911) (Streets and Highways Code Sections 5898.10 et seq.). Although this authority has existed for 100 years, this code section became better known with the passage of AB 811 (2008, Levine), which amended the code to allow contractual assess- ments to pay for energy efficiency and renewable energy improvements, most commonly for residen- tial solar energy retrofits. To establish a contractual assessment district, the City Council would first adopt a resolution indicating its intention to do so. The resolution of intention should: ■Include a statement that the City proposes to make voluntary contractual assessment financing available to property owners ■Identify the kinds of public works that may be financed ■Describe the boundaries of the area within which voluntary contractual assessments may be entered into ■Briefly describe the proposed arrangements for financing the program, including a brief description of criteria for determining the creditworthiness of a property owner Prior to the public hearing to adopt a resolution, which establishes the contractual assessment district, the City would have to prepare a report containing: ■A map showing the boundaries of the territory within which voluntary contractual assessments are proposed to be offered ■A draft contract specifying the terms and conditions that would be agreed to by a property owner within the voluntary contractual assessment area and the City ■A statement of City policies concerning voluntary contractual assessments including: ■Identification of types of improvements that may be financed through the use of contractual assessments ■Identification of a City official authorized to enter into voluntary contractual assessments on behalf of the City ■A maximum aggregate dollar amount of voluntary contractual assessments ■A method for setting requests from property owners for financing through voluntary contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount ■A plan for raising a capital amount required to pay for work performed pursuant to voluntary contractual assessments. The plan may include Southwest Fresno Specific Plan8-8 amounts to be advanced by the public agency through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship. ■The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the voluntary contractual assessment program among the consenting property owners and the City. The authorizing statue provides other requirements as well as the standards for noticing and conducting a required public hearing. ONGOING OPERATIONS AND MAINTENANCE Whether in new development areas or existing neighborhoods, public facility and infrastructure improvements will require ongoing operations and maintenance. Landscaping and lighting mainte- nance districts (LLMD) can fund the construction of certain public improvements and the operation and maintenance of public improvements. A landscap- ing and lighting maintenance district is one alterna- tive to the general fund for paying those costs. Landscaping and Lighting Maintenance District LLMDs could be an effective way to fund the ongoing maintenance (or even the construction) of public realm improvements. LLMDs are authorized by the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.). An LLMD requires an annual assessment process for any assessments other than previously ap- proved assessments to pay previously approved and issued debt. The annual assessment process is similar to that used to establish assessment districts. The improvements and services provided by LLMDs include: ■Landscaping ■Statuary, fountains, and other ornamental structures ■Public lighting, including traffic signals ■Appurtenant facilities, including grading, clearing, and removal of debris; the installation or construction of curbs, gutters, walls, sidewalks, or paving; or water, irrigation, drainage, or electrical facilities ■Park or recreational improvements ■Land preparation ■Lights, playground equipment, play courts, and public restrooms ■The maintenance or servicing or both of any of the foregoing ■Acquisition of land for park, recreational, or open-space purposes ■Acquisition of existing improvements ■Acquisition or construction of any community center, municipal auditorium or hall, or similar public facility for the indoor presentation of performances, shows, stage productions, fairs, conventions, exhibitions, pageants, meetings, parties, or other group events, activities, or functions, whether those events, activities, or functions are public or private LLMDs can be expanded over time, following a process similar to that used to establish the district. The City may condition development activity in the Plan Area on annexation into a LLMD if one is established for all or a part of the Plan Area. An LLMD may also be established to generate revenues from throughout the Plan Area to fund the operation and maintenance of a public open space in or around the Plan Area. Chapter 8 | Implementation 8-9 STATE FUNDING SOURCES The following describes state funds that could be used for transportation-related projects. They are available from the Transportation Development Act (TDA) and from various state programs and agencies, including the California Department of Transportation (Caltrans) and the California Office of Traffic Safety (OTS). Sustainable Transportation Planning Grant Program – Sustainable Communities The Sustainable Transportation Planning Grant is a new program consolidating and realigning previous Caltrans funding programs. Caltrans Environmental Justice & Community-Based Transportation Plan- ning Grants, and Transit Planning Grants merged into one program, “Sustainable Communities.” Similar to the previous programs, transportation planning projects that are intended to improve a multimodal transportation network and reduce greenhouse gas (GHG) emissions, such as complete street plans and pedestrian and bicycle safety enhancement plans, are eligible. Construction and maintenance projects are not eligible. Eligible applicants include Metropolitan Planning Organizations and Regional Transportation Planning Agencies (MPO/RTPAs), Transit Agencies, Cities, Counties, and Native American Tribal Governments. This program is funded by the Federal Transit Administration and the State Highway Account. Approximately $8.3 million was available for the grant cycle (Fiscal Year 2015-16). At least an 11.47 percent local match is required. More information is available at: http://www.dot. ca.gov/hq/tpp/grants.html/. Office of Traffic Safety Grants The Office of Traffic Safety (OTS) administers federal traffic safety grant funds that are apportioned to California under the National Highway Safety Act. The OTS has several priority areas for grant funding, including alcohol and other drugs, police traffic services, occupant protection, traffic records, emergency medical services, roadway safety, pedestrian and bicycle safety (including education, enforcement, and engineering), and motorcycle safety. The OTS supports a wide variety of traffic safety programs, including pedestrian and bicycle safety programs for children; child passenger safety outreach; and support for increased law enforce- ment services and resources, such as safety helmet distribution, and court diversion programs for safety helmet violators. State government agencies, state colleges, and state universities, local city and county government agencies, school districts, fire departments, and public emergency services providers are eligible to apply for and receive OTS grant funding. Grants are awarded on a competitive basis. More information is available at: http://www.ots. ca.gov/ots_and_traffic_safety/About_OTS.asp./ Environmental Enhancement and Mitigation Program The Environmental Enhancement and Mitigation Program (EEMP) is a state fund established by Caltrans to mitigate the effects of transportation projects. It offers up to $7 million each year for grants to local, state, and federal government agen- cies and to nonprofit organizations for projects to mitigate the environmental impacts caused by new or modified public transportation facilities. Eligible projects must be directly or indirectly related to the environmental impact of the modification of an existing transportation facility or construction of a new transportation facility. Typical grants range from $200,000 to $250,000. Up to 25 percent local matching is usually required. Grants are awarded in the categories of urban forestry, resource lands, and mitigation projects beyond the scope of the lead agency. Grants are awarded on a competitive basis. More information is available at: http://resources. ca.gov/bonds_and_grants/eemp/. Affordable Housing and Sustainable Communities Program Managed by California’s Strategic Growth Council, the Affordable Housing and Sustainable Com- munities (AHSC) Program is intended to reduce GHG emissions by supporting infill and compact development projects that improve non-motorized transportation options and decrease reliance on auto vehicle uses. Eligible projects include 1) Southwest Fresno Specific Plan8-10 transit-oriented development (TOD) projects that include affordable housing development in con- junction with transportation infrastructure, and 2) integrated connectivity projects that include one or more transit stop and would result in a significant increase in transit ridership. As of January 2015, the program guidelines for the AHSC program are in the process of development, and the draft of the guidelines is available here: http://sgc.ca.gov/docs/Draft_AHSC_Guide- lines_for_posting_082314.pdf/. More information is available at: http://sgc. ca.gov/s_ahscprogram.php/. Urban And Community Forestry Grants The California Department of Forestry and Fire Protection (CAL FIRE) administers the Urban & Community Forestry Grant Program to fund urban forestry projects that focus on reducing GHG emis- sions, including urban tree planting, urban forest management for GHG reduction, urban wood and biomass utilization, reclamation of blighted urban lands, and green innovations projects. On-going management or maintenance activities are not eligible. D. ECONOMIC DEVELOPMENT STRATEGIES BUSINESS STARTUP AND BUSINESS DEVELOPMENT ASSISTANCE Empirical evidence indicates that small businesses and young businesses are the most productive job creators.1 This suggests that investments in existing businesses and startup businesses would be an efficient approach to expand job opportunities in the Plan Area and for Plan Area residents, to raise household incomes and build household wealth, and to help drive and sustain demand for non- residential buildings and development. Business Assistance The federal and State governments already fund the vast majority of investment in developing the capacity of small businesses and startup businesses through the organizations outlined in this section. Although some additional funding may be neces- sary, the real value that local government and community organizations provide is connecting small businesses and budding entrepreneurs with economic development service providers. The core economic development services that assist small businesses and business startups are: ■Creating and Updating Business Plans. Perhaps the most overlooked, yet essential tool small and new businesses lack is a business plan. With a three- to five-year horizon, the typical business plan provides: a description of the firm and its organizational structure; a description of products and services, including lifecycle stage; an analysis of the market, market trends going forward, and competition; and strategies for product development, marketing, and sales. A current business plan is 1 See, for example: Neumark, David, Brandon Wall, and Junfu Zhang, 2011, “Do Small Businesses Create More Jobs? New Evidence for the United States from the National Establishment Time Series”, Review of Economics and Statistics, 93(1), 16–29; and Haltiwanger, John C., Jarmin, Ron S., and Miranda, Javier, 2010, “Who Creates Jobs? Small vs. Large vs. Young”, NBER Working Paper Series, Working Paper 16300, National Bureau of Economic Research, Cambridge, MA. Chapter 8 | Implementation 8-11 necessary for businesses seeking financing, but they are also critical for any business seeking to grow revenues. ■Business Management Training. Many small business owners are experts in their product or service, but lack formal business management training and expertise. Business management training covers a range of topics, including bookkeeping and accounting, hiring and retention, workforce training, healthcare and other employee benefits, work place safety, and compliance with human resource, taxes, and other regulatory requirements. ■Marketing and Advertising. Large businesses have dedicated budgets and full-time staff, as well as outside consultants, for market research in order to identify and understand customers and their needs and desires. They also have dedicated budgets for paid advertising to promote their brand and their products or services. Small businesses usually lack the internal resources, but marketing and advertising are still important components for growing revenues. ■Financing. Whether updating current business premises, replacing machinery and equipment, or expanding, most small businesses at some point to need to access financing. Small businesses often turn to banks for conventional loans or Small Business Administration (SBA)- guaranteed loans. Many of these businesses, however, can benefit from assistance in putting together the documentation needed to obtain loans. Furthermore, conventional loans, even when guaranteed by the SBA, require equity from the business. Some economic development service providers have programs to help cover the gap between the equity the business has available and that required amount, and some providers also have direct loan programs. ■Workforce Hiring and Training. Most businesses handle hiring and training in-house. However, the Fresno Regional Workforce Development Board (described in more detail in the Existing Economic Development Service Providers and the Labor Force Education and Training sections of this chapter) can assist businesses with a range of hiring services. In addition, many businesses may be eligible for workforce training provided through the workforce development board when upgrading equipment and processes. ■Mentoring. Some businesses, and especially business startups, benefit from mentoring. Seasoned professionals and retired executives can provide insights on putting together all the pieces mentioned above, on leadership, and on big-picture strategy. ■Local Ombudsman. Small businesses complying with municipal and county regulations is less a matter of will and more a matter of being able to navigate City Hall. Local ombudsman services provide a single point of contact to help businesses comply with business licensing, health department permits, zoning and code enforcement compliance and other regulations administered at the municipal and county level. ■Starting a Business. Existing small businesses may only need the service described above one at a time. In contrast, entrepreneurs starting businesses have to accomplish all these tasks at once. In addition, startup businesses must choose and establish a business structure, register their business, select and secure a location to operate their business, and obtain required permits and licenses. Finally, new businesses face more challenges obtaining financing than do existing businesses with a financial track record. In addition to the core business assistance services described above, there is wide variety of more targeted businesses assistance services that can assist some small businesses. Some of these other services include technology transfer, patents and trademarks, pricing practices, government procure- ment and contracts, and social media strategies. These additional services will probably not be applicable on a wide scale in the Plan Area, but may be valuable to some individual businesses. Southwest Fresno Specific Plan8-12 Existing Economic Development Service Providers There are several economic development service providers through which Plan Area businesses and entrepreneurs can obtain the business assistance services described in the preceding section. In general, most of the services are funded through the federal and State governments, although some programs do have fees. ■Fresno State Small Business Development Center. The Fresno State Small Business Development Center (SBDC) provides one-on- one business consulting and training services for entrepreneurs in the counties of Fresno, Madera, Tulare and Kings. Fresno State SBDC is part of the UC Merced Small Business Development Center Regional Network. Fresno State SBDC assists existing businesses with being competitive in a complex marketplace and helps new entrepreneurs realize their dream of business ownership. It provides business consulting and training in the following areas: business planning and management, marketing, financial management, specialized assistance with international trade, technology transfer and commercialization, distribution and manufacturing, and business training workshops, all at no cost to small businesses. Fresno State SBDC would most likely be the primary provider of most of the services described in the Business Assistance section above. More information about Fresno State SBDC is available on its website: http:// fresnostate.edu/academics/sbdc/index.html/. ■Fresno Regional Workforce Development Board. The Fresno Regional Workforce Development Board (FRWDB) provides oversight and policy direction for the use of federal Workforce Innovation and Opportunity Act (WIOA) funds in Fresno Area. The FRWDB is a business-led body, appointed by the Fresno County Board of Supervisors. The FRWDB, whose composition is defined by the WIOA, includes 23 individuals representing business, one-stop partners, community- based organizations, local education entities, economic development agencies, and labor. Under WOIA, the FRWDB provides services to individuals seeking employment (described in more detail in the Labor Force Education and Training section) and to businesses, through its Business Service Center. It can help businesses to attract, hire, and retain employees, specifically including: § Securing qualified, pre-screened job candidates to meet a business’ hiring specifications and goals; § Coordinating and customizing recruitment events; § Locating labor market information and current Fresno County employment projections; and § Collecting information, such as wage data, for job descriptions. The FRWDB can provide information and resources on starting a business, business expansion, layoff aversion and business transition strategies, one-on-one assistance with business questions, and more. Like the SBA (described below), the FRWDB provides a large variety of online tutorials and tools, ranging from industry specific toolkits, forms, videos, e-newsletter notifications of trainings and regulations, interactive assessments, on- line training courses and funding information. The FRWDB can work with businesses facing potential layoffs to develop transition strategies and explore avenues to avert layoffs or closures. If layoffs do occur, they can help make the situation less traumatic for employees and less costly for the business. Finally, the FRWDB can help businesses with less than 100 employees create training courses and reimburse costs under certain criteria. The FRWDB operates its Business Services Center at 7475 N. Palm Avenue in Fresno. More information is available on the website, at http://www.workforce-connection.com/. Chapter 8 | Implementation 8-13 ■Fresno Economic Development Corporation. The Economic Development Corporation serving Fresno County (Fresno EDC) is a nonprofit organization established to market Fresno County to and facilitate site selection for new businesses within Fresno County. Fresno EDC also assists in the retention and expansion of businesses that are already located in the area. ■Fresno EDC collaborates with other economic development service providers, including many of those described in this chapter, to enhance the stability and growth of Fresno County’s existing companies by connecting them with specific resources, information, and services. These services include, but are not limited to: § Site selection assistance § Workforce development, screening, and employee recruitment services § Financing and microloan programs § Customized training program development § Internship program information and referrals § Performance enhancement/skill building/skill attainment training programs § Building contracting § Strategic/marketing/formal succession planning § Lucrative business tax incentive information: enterprise zone, empowerment zone, MRZ, hub zone, and foreign trade zone § Utilities – incentives, rebates, special programs, and energy rate analysis assistance § Assistance with city permits, zoning, and licensing; other municipal services § Structure deterioration & blight aversion and improvement of existing infrastructure § Research and development assistance § Certified Public Accountant (CPA) services Fresno EDC is a membership organization with investors from a wide variety of industries and areas of Fresno County. Their office is at 906 N Street, Suite 120, in Downtown Fresno. More information is available on the website at http://www. fresnoedc.com/. ■Mayor’s Office for Economic Development. The City of Fresno facilitates economic development through the Mayor’s Office for Economic Development. The City provides services and assistance across a variety of economic development fronts. The City’s approach to economic development includes: § Ensuring availability of land and infrastructure for industrial development § Industrial business retention and expansion program § Incentives for industrial development § Targeting the food production cluster § Marketing Fresno to potential new businesses and investors § Establishing an export commission § Investments in workforce development and adult education § Buy local initiative § Supporting and incentivizing infill and redevelopment § Improving quality of life to attract and retain professionals to live in Fresno § Using City-owned land for catalyst projects § Collaborating with regional economic development partners Several of the City’s economic development services are relevant to business assistance for existing businesses in the plan and for Plan Area residents who may be interested in starting a business. More importantly, staff from the Mayor’s Office for Economic Development may be the key staff for overseeing and coordinating implementation measures related to economic development. ■U.S. Small Business Administration. The US Small Business Administration (SBA) is an independent agency of the federal government. Its mission is to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall national economy. The SBA is most well-known for assisting with small Southwest Fresno Specific Plan8-14 business loans, but it also provides federal contract procurement assistance, management assistance, and specialized outreach to women, minorities and armed forces veterans. SBA also provides loans to victims of natural disasters and specialized advice and assistance in international trade. Under its most common program, the SBA Advantage 7(a) loans, the SBA does not provide a loan to an eligible business. Rather, the SBA guarantees repayment of the loan, which is provided by a participating local bank. The SBA guarantee reduces the risk to the lender. The applications can be downloaded from the SBA website, but the applicant submits the application directly to the local bank, not the SBA.The SBA’s district office is at 801 R Street in downtown Fresno. Loan applications forms and a wide variety of business assistance and training resources are available on the SBA website, https://www.sba.gov/. ■Fresno Community Development Financial Institution. The Fresno Community Development Financial Institution (FCDFI) is a small business loan fund that assists with the growth of businesses and jobs in underserved communities. FCDFI provides small business and micro loans from $10,000 to $300,000 for expanding existing businesses or starting a new business. ■The FCDFI office is at 1920 Mariposa Mall in downtown Fresno. More information and loan applications are available on its website, https://fresnocdfi.com/. ■Service Core of Retired Executives. Central Valley Service Core of Retired Executives (SCORE) fosters vibrant small business communities through mentoring and education. SCORE is a nonprofit association dedicated to helping small businesses get off the ground, grow and achieve their goals through education and mentorship. Supported by the SBA, and a network of volunteers, SCORE provides services at no charge or at very low cost. These services include: § Volunteer mentors who share their expertise across 62 industries § Free, confidential business mentoring in person or via email § Free business tools, templates and tips here online § Inexpensive or free business workshops (locally) and webinars (online 24/7) SCORE’s local office is at 801 R Street in downtown Fresno. More information is available on its website at https:// centralvalley.score.org/. ■Fresno Chamber of Commerce. With a membership of more than 1,400 businesses and organizations, the Fresno Chamber of Commerce is the leading voice and advocate for the business community. The Chamber promotes economic opportunity, business education and successful business relationships throughout the region. ■In addition to networking opportunities, the Chamber helps its members stay informed about business practices and changes in legislation. The Chamber also provides information about a variety of business-related topics from employer legal requirements to marketing strategies through its monthly Small Business University program. ■The Fresno Chamber of Commerce is at 2331 Fresno Street in downtown Fresno. More information is available on the Chamber’s website, http://www.fresnochamber.com/. ■Fresno Metro Black Chamber of Commerce. The Fresno Metro Black Chamber of Commerce (FMBCC) facilitates and serves as an advocate for the creation, development, growth, and general welfare of the African American business community in the greater Fresno area. The FMBCC pursues its mission by: § Advocating on behalf of members and the general Black business community § Informing membership of problems affecting businesses in the greater Fresno community § Increasing public awareness of the black business community and the impact of the Fresno’s black buying power Chapter 8 | Implementation 8-15 § Promoting black-owned businesses within the Black and mainstream community § Increasing the capacity of current and potential members through education and training services The FMBCC is located at 1444 Fulton Street in downtown Fresno. More information is available on the FMBCC website, http://www. fmbcc.com/. Implementation of Business Development and Business Startup Assistance The key to effectively providing business develop- ment and business startup assistance in the Plan Area is connecting existing businesses and residents interested in starting a business with the service providers described above. In most cases, the services are free or at a nominal cost because the State and federal government invest in the service providers. Thus, the critical role is coordina- tion. Although there are a variety of ways to provide coordination, the coordination of business develop- ment and business startup assistance should be accomplished through a collaboration of staff from the District 3 Councilmember’s Office and staff from the Mayor’s Office of Economic Development. The three components to this effort are: ■Business Survey. The first step is to survey existing businesses in the Plan Area to find out what they perceive to be the challenges and opportunities for operating a business in the area and what they believe to be their needs for business assistance. The survey should be conducted in the first year after adoption of the Plan and then repeated once every two or three years. ■The survey need not be elaborate, and there are many samples of such surveys available online. Although the survey can be conducted online, a better response rate would likely be achieved by in-person surveys. City staff should design the survey, but it could be administered by community volunteers. ■Business Assistance Workshop. Based on the results of the survey, a business assistance workshop can be conducted in the Plan Area. This workshop would allow the service providers described in the preceding section to meet with existing businesses and residents interested in starting a business and to talk about the types of services and programs they offer. The service providers would also have an opportunity to hear from businesses about their needs. This workshop could be repeated on an annual basis. ■Provide Business Assistance. Many of the business development and business startup assistance services are provided in an online or one-on-one format. However, many other services are provided in a group, classroom, or workshop format. For these services, the City should seek to facilitate the provision of these services at a location in the Plan Area. These programs would be provided on a periodic basis throughout the year. LABOR FORCE EDUCATION AND TRAINING Whereas the business development in Business Startup and Business Development Assistance section focuses on businesses in the Plan Area, this Labor Force Education and Training section focuses on the human capital of individuals living in the Plan Area. Improving the skills and education of resident who would like to be employed or would like to improve their earning potential can increase income, household wealth, and consumer spending in the Plan Area. The key service providers for labor force education and training include: ■Fresno Regional Workforce Development Board. The FRWDB provides services to individuals through two programs: § Adult and Dislocated Worker Services. Under the leadership of the Fresno Regional Workforce Development Board (Workforce Connection), adults and dislocated workers can access employment, education, and training services through a unique combination of six Workforce Connection Southwest Fresno Specific Plan8-16 One-Stop Centers. The center nearest the Plan Area is located at 1900 Mariposa Mall in Downtown Fresno. The One-Stop System provides universal core services (such as universal access to informational, self- directed core services, individual assessment, job search, and employment assistance) as well as access to other programs and services available from partner agencies, including the Employment Development Department, Department of Rehabilitation, California Indian Manpower Consortium, Proteus, Inc., Fresno County Economic Opportunities Commission, Department of Employment and Temporary Assistance, State Center Community College District, Fresno Adult School, Clovis Adult School, West Hills Community College, and Fresno Housing Authority. More information is available at the FRWDB website at http:// www.workforce-connection.com/jobseekers/ index.cfm?pg=adult_services/. § Workforce Innovation and Opportunity Act (WIOA) Year-Round Youth Services. Under the direction and oversight of the Fresno Regional Workforce Development Board Youth Council, Fresno County eligible youth, ages 14 through 21, can access services designed to increase educational options and opportunities, develop job skills, explore career options, develop leadership qualities, participate in adult and peer mentoring and counseling, and take advantage of work experiences. The location near the Plan Area where these services are available is the Fresno Economic Opportunities Commission at 1920 Mariposa Mall in Downtown Fresno. More information is available at the FRWDB website at http://www.workforce- connection.com/youthServices/index. cfm?pg=ythindex/. ■Fresno Unified School District, Fresno Adult School. Fresno Adult School offers a variety of courses and programs for adult learners. To meet the diverse learning needs of adults, courses are offered in the morning, afternoon, evenings, and weekends. The adult school offers the following programs: § Adult basic education § English as a second language § Career and technical education § High school equivalency prep § High school diploma § Community education The nearest location at which these programs are provided is at the main campus at 2500 Stanislaus Street in Downtown Fresno. More information is available at the website, http:// www.fas.edu/. ■Central Unified School District, Central Learning Adult School Site. The Central Learning Adult School Site offers a variety of courses and programs for adult learners. The programs are provided in the morning and evening at 2698 N. Brawley Avenue in Fresno. The programs offered include: § Adult basic education § English as a second language § Career and technical education § GED and HiSET prep § Adult High school diploma More information is available at the website, http://central-learning-adult-school-site. echalksites.com/home_page/. Chapter 8 | Implementation 8-17 ■State Center Community College District, Fresno City College. Fresno City College (FCC) is a comprehensive learning community offering innovative instructional programs in anticipation of and responsive to the lifelong learning needs of our diverse population. FCC offers Associate’s Degrees, and students can earn a Certificate of Completion, or transfer to a 4-year university of their choice. In addition, FCC offers a variety of non-degree programs, including: § Arts, audio visual technology and communication § Business, finance and computer information technology § Education and training § Food service § Health care § Human services § Manufacturing, construction, and technology § Public safety, corrections and security § Science and technology § Transportation § Customized training Implementation of Labor Force Education and Training It is likely that many residents in Southwest Fresno are unaware of the employment services, education, and training programs and assistance available to them. Community organizations and the City can play a vital economic development role by acquainting residents with these services. Staff from the District 3 Councilmember’s Office could collaborate with staff from the Mayor’s Office of Economic Development to conduct an annual workshop. The workshop would provide an op- portunity for the service providers described above to introduce the range of programs and services that Plan Area residents can access. This workshop should be an annual event, and it could be held in conjunction with another community event, such as a health and wellness fair. E.IMPLEMENTATION ACTION PLAN Tables 8-2 through 8-68 set forth the implementa- tion action plan for the Southwest Fresno Specific Plan. The actions are organized into fiveseven categories: ■Priority Measures ■Community Resources ■Economic Development ■Land Use ■Infrastructure ■Mobility ■Parks and Urban Greening Under each topic there are a set of actions. The first column provides a unique identification number for each action. When a number ends with a letter (e.g., M-2A, M-2B, and M2-C) it indicates that those actions are related, and the first action needs to be completed before the second action commences. In the funding column, “General fund, redirection of existing resources” indicates that the action would likely be completed with existing budgeted resources and with in-house staff. In contrast, “General fund, $10,000” indicates that the action would either require additional funding or that it is an action that the City would likely be contracted out. The amounts and funding sources indicated in Tables 8-2 to 8-8’s “Funding” column are estimates only and may change as the projects are further developed. Any use of General Fund monies is subject to availability of funds and may be substituted with or augmented by other funding sources such as grant funds. The implementation action plan identifies four actions as priorities. These relatively focused measures are intended to be implemented or at least started around the time the Plan is adopted to demonstrate to the community the City’s commit- ment to the Plan. These actions are highlighted as “easy short-term wins” for the Southwest Fresno community. The priority actions, identified with a “P” are: Southwest Fresno Specific Plan8-18 ■CR-P1: Implementation Oversight Committee ■ED-P1: Employment Skills and Training Workshop ■M-P1: Sidewalk Demonstration Project ■P-P1: New Park Priority Project PRIORITY MEASURES The highest implementation priority (or “#1 priority”) for the Plan is the Martin Luther King Jr. Boulevard (MLK) Activity Center Magnet Core. This #1 priority acts as the “hub of a wheel,” with other supporting implementation priorities functioning and supporting elements of the #1 priority, like the spokes of the wheel. These implementation priorities are further described in the implementa- tion action plan: the #1 priority measures are in Table 8-2: Priority Measures and additional priority measures are labeled with a “P”. Highest priority measures are shown on Figure 8-1 and the follow- ing tables: ■Priority-1A: MLK Activity Center Magnet Core – Incentivize and support development of the proposed Community College Campus ■Priority-1B: Underground infrastructure for MLK Activity Center Magnet Core (i.e., sewer, water, storm drain) ■Priority-1C: New Complete Streets for Church Avenue, MLK Jr. Boulevard, and Jensen Avenue Additional Priority Measures 1. P-P1: Build New Park at MLK Activity Center Magnet Core 2. M-P1: Trail Network 3. P-P2A: Parks Improvement Plan P-P2B: Revitalize Existing Parks 4. LU-P1: Marks Avenue/Whites Bridge Avenue Magnet Core 5. LU-P2: Grocery Store or food coop at one of the Magnet Cores 6. ED-P1/P2: New Employment Training and Career Preparation Center and Workforce Policy 7. CR-P1: Create an Implementation Oversight Committee to oversee implementation of the Southwest Fresno Specific Plan 8. M-P2/LU-P3: Prioritize the California Ave BRT/Mixed Use corridor 9. LU-P4: Anti-displacement Strategy and Programs The implementation action plan is a framework. It is fully anticipated that, over time, the City will make adjustments to this plan. Chapter 8 | Implementation 8-19 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC PP RR CZCZ CMXCMX CMXCMX CMXCMX NMXNMX PFPF OSOSOSOSWEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE HOLLY AVECLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEG EORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEDANRONQUILLO DRHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AVE GARRETT AVE FLORENCEAVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S AN GELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTANISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AVE GRANT AVE H S T AM ADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STINYO STM O NO STSANTACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEMON AVE ONEIL AVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER A VE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB R O A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJE NSEN AVE CHURCH AV EVALENTINE AVEMADI SON AV E FIG AVENUEMARTIN LUTHER KING JR. BLVDHUGHES AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV EMARKS AVECALIFORNI A AV E WHITES BRIDGE AVE FIGURE 8-1 Implementation Priorities Overlaid on Land Use Map for Plan Area 1 1 3 2 4 8 5 3 1 1 5 6 7 9 3 3 3 3 3 3 RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO Office RestrictedAutomobile /Vehicle Sales and Services are are not permitted O No Auto ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP* Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX Special SchoolSS CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood CenterNC PG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Office*After 85% of the land in Fresno’s “Reverse Triangle” is occupied with heavy industrial uses, light industrial uses are permitted O* Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Implementation Priorities 6, 7, and 9 are not associated to a location and are thus not shown on this map. GeneralG Open Space OS IMPLEMENTATION PRIORITIES Number 1 Priority Supporting Priorities OO FIGURE 8-1 Implementation Priorities Overlaid on Land Use Map for Plan Area New Figure Southwest Fresno Specific Plan8-20 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Policies LU-1.1 and PF-6.3 Priority-1A MLK Activity Center Core: Community College Campus Advocate for State Center Community College District to fund and develop a community college campus within the Plan’s southern magnet core/MLK Activity Center; Incentivize the development of the community college with the remaining Priority 1 Measures Mayor’s Office/ City Manager FY2018 and annually thereafter until complete Redirection of existing resources, Various sources, $93M Policies LU-1.1 and PF-6.3; Goal U-1 Priority-1B MLK Activity Center Magnet Core: Infrastructure Improvements Construct improvements serving the MLK Activity Center Magnet Core, including streets and roadways, landscaping, water, sewer, and storm drains Public Works, Public Utilities FY2019 through FY2024 DIF, Grant funds, $11.6M Policies LU-1.1 and PF-6.3; Goal T-10 Priority-1C MLK Activity Center Magnet Core: Complete Streets Improvements Construct complete street improvements for Church and Jensen Avenues and MLK Jr. Boulevard in the MLK Activity Center Magnet Core, including restriping; curb, guttter, sidewalk; bike lanes; street trees; lighting; and transit stops. Public Works FY2019 through FY2020 TABLE 8-2 Implementation Action Plan Matrix: Priority Measures Chapter 8 | Implementation 8-21 TABLE 8-32 Implementation Action Plan Matrix: Community Resources Plan-wide CR-P1 Implementation Oversight Committee Establish a committee of Plan Area residents, businesses, and civic organizations to oversee implementation of the Plan. Councilmember’s Office FY2018 and annually thereafter General fund, redirection of existing resources Policy PF-5.1 CR-2 Adequate School Facilities Conduct an annual meeting with Fresno Unified, Central Unified, and Washington Unified School Districts and review development activity and projects in the entitlement process to ensure the provision of adequate school facilities Planning and Development DARM FY2019 and annually thereafter General fund, redirection of existing resources Policy PF-4.1 CR-3 Adequate Health Care Services Conduct an annual meeting with the Fresno County Public Health Department and hospitals to review the need for health clinics and medical facilities to serve residents of the Plan Area Planning and Development DARM FY2019 and annual thereafter General fund, redirection of existing resources TABLE 8-43 Implementation Action Plan Matrix: Economic Development Policy PF-7 ED-P1 New Employment Training and Career Preparation Center Work with regional economic development partners and with foundations and other funding organizations to create a new center to provide education and job training, life skills training, and employment assistance. Councilmember’s Office; Mayor’s Office of Economic Development 1 to 5 years CDBG funding, federal or State economic development grants SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Southwest Fresno Specific Plan8-22 Policy PF-7 ED-P2 Local Hiring Policy In coordination with the Implementation Oversight Committee (CR- P1) and after a public engagement process, establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents, consistent with applicable laws. Councilmember’s Office; Mayor’s Office of Economic Development September 2018 General fund, redirection of existing resources Policy PF-6.1 ED-P13 Employment Skills and Training Workshop In collaboration with education and job training partners, conduct an employment skills and training workshop to acquaint Plan Area residents with the opportunities for lifelong learning and jobs skills training Councilmember’s Office; Mayor’s Office of Economic Development FY2018 and biennially thereafter General fund, $10,000 N/A ED-24A Business Survey Conduct a survey of existing businesses and use the results to prepare a SWOT analysis and identify assistance needs Councilmember’s Office; Mayor’s Office of Economic Development FY2018 and biennially thereafter Redirection of existing resources N/A ED-24B Business Assistance Workshop In collaboration with economic development service providers, conduct a business assistance workshop for existing businesses and entrepreneurs interested in starting a business Councilmember’s Office; Mayor’s Office of Economic Development FY2018 and biennially thereafter General fund, $10,000 Policy LU-4.1 ED-35 Home Ownership Workshop In collaboration with banks and housing organizations, conduct a workshop to acquaint Plan Area residents with programs and services to assist first- time home buyers and to assist existing homeowners facing financial hardship Councilmember’s Office; DARM; other community housing providers Housing and Community Development FY2018 and biennially thereafter General fund, $10,000 TABLE 8-43 Implementation Action Plan Matrix: Economic Development SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Chapter 8 | Implementation 8-23 Goal LU-1 ED-46 Development Potential Marketing Develop marketing materialscollateral and conduct a workshop to acquaint developers, real estate brokers, and potential new businesses with development opportunities in the Plan Area Mayor’s Office of Economic Development FY2019 and annually thereafter Redirection of existing resources Policy PF-6.4 ED-57 Youth Development In collaboration with education and community organization partners, develop programs that help nurture leadership, skills, and ambition in Plan Area youth Councilmember’s Office FY2019 and annually thereafter General fund, $10,000 Policy PF-6.3 ED-6 Community College Campus Advocate for State Center Community College District to fund and develop a community college campus within the Plan’s southern magnet core/MLK Activity Center Mayor’s Office / City Manager FY2020 and annually thereafter until complete Redirection of existing resources SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING TABLE 8-4 (CONTINUED) Implementation Action Plan Matrix: Economic Development TABLE 8-5 Implementation Action Plan Matrix: Land Use SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Policy LU-1.1 LU-P1 Marks Avenue/ Whites Bridge Avenue Magnet Core Collaborate with property owners and stakeholders in the Marks Avenue/ Whites Bridge Avenue Magnet Core to develop and implement an action plan for: constructing infrastructure improvements; identifying and attracting a magnet use; and marketing the area and available sites to developers Councilmember’s Office; Mayor’s Office of Economic Development Commencing FY2021 General fund, redirection of existing resources for action plan Cost for ensuing activities Southwest Fresno Specific Plan8-24 Policy LU-6.3 LU-P2 Magnet Core grocery store or food co-op Periodically review market demand for food stores in the Plan Area; develop marketing materials and descriptions of available incentives for a food store; market the magnet cores on available sites to potential grocery stores and food co-ops Mayor’s Office of Economic Development Commencing FY2020 General fund, $10,000 for market demand analysis; $15,000 for marketing materials; redirection of existing resources for marketing to developers and potential food stores Goal LU-2 LU-P3 California Avenue Bus Rapid Transit (BRT)/Mixed-Use Corridor Create and implement a plan to incentivize mixed-use development along California Avenue DARM FY2021 TBD Policy LU-4.8 LU-P4 Anti-Displacement Strategy and Programs In coordination with a robust public process, establish an anti-displacement strategy and an anti-displacement program to minimize and avoid the displacement of existing residents out of the Plan Area. Build upon Housing Element Program 12A and align with the anti- displacement policy developed for the Transformative Climate Communities program. DARM FY2018, in conjunction with implementation of Program 12-A - Downtown Displacement Prevention, in the City of Fresno Housing Element General fund, redirection of existing resources N/A LU-5 Citywide Development Code Amendment Changes to zone districts proposed in Chapter 4 of the Plan to be addressed in a subsequent text amendment to the Citywide Development Code. DARM 2018 Redirection of existing resources SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING TABLE 8-5 (CONTINUED) Implementation Action Plan Matrix: Land Use Chapter 8 | Implementation 8-25 Policy U-1.4 I-1A Water and Sewer Master Plan Update the water and sewer master plan to incorporate improvements identified in the Plan Public Utilities FY2018 General fund, TBD Policy U-1.3 I-1B Impact Fees Update development impact fees as necessary to facilitate the water and sewer improvements identified in the Plan Public Utilities; Finance FY2018 General fund, redirection of existing resources Policy U-1.4 I-1BC Construct Water and Sewer Improvements Construct water and sewer improvements as needed pursuant to existing City standards Public Utilities 2 to 15 years DIF, $163M Policies T-12.2 and U-1.3 I-2B Construct storm drain improvements Developers to construct necessary storm drain improvements, coordinated with the Fresno Metropolitan Flood Control District Developers 1 to 15 years Developer funded, $1,211,000 Policy T-12.1 I-3 Low-Impact Development Coordinate with the Fresno Metropolitan Flood Control District to consider potential development code amendments for Low-Impact Development (LID) storm water management techniques with curb, gutter, and sidewalk improvements Planning and Development DARM in coordination with FMFCD FY2018 General fund, redirection of existing resources SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING TABLE 8-64 Implementation Action Plan Matrix: Infrastructure Southwest Fresno Specific Plan8-26 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Goal T-5 M-P1 Trail Network Build a Class I and Class IV trail network to connect to the MLK Activity Center Magnet Core and to other locations in Southwest Fresno Public Works FY2018 through FY2021 Grant funds, $5M Goal LU-2 M-P2 California Avenue BRT/Mixed-Use Corridor Collaborate with FAX to hasten operation of BRT along California Avenue Mayor’s Office/ City Manager FY2019 and annually thereafter General fund, redirection of existing resources Policy T-1.2 M-3P1 Sidewalk Demonstration Project Construct sidewalks along streets identified in the high priority area of the Fresno ATP as a priority project Public Works FY2018 Grant funds, $15/square foot of new sidewalk General fund, TBD Policy T-8.3 M-2A Street Funding Plan Establish a development impact fee for road improvements Public Works; Mayor/City Manager, Finance FY2018 General fund, redirection of existing resources Policy T-8.3 M-4A2B Existing Street Improvements Program currently needed street improvements into the capital improvement plan and construct the improvements as funding becomes available Public Works; Finance Include in the budget for FY2019 Redirection of existing resources Capital improvement program Policy T-10.1 M-4B2C Construct New Street Improvements Construct complete streets improvements as needed for new development Public Works; Developers 1 to 15 years DIF and Developer funded Policy T-10.1 M-53 Contractual Assessment District Establish a contractual assessment district to fund complete street improvements in existing developed areas to complement sidewalk and streetscape improvements installed by adjacent and nearby new development Public Works; Finance FY2019 General fund, Rredirection of existing resources because it is voluntary on the part of property owners and is not an extensive effort TABLE 8-75 Implementation Action Plan Matrix: Mobility Chapter 8 | Implementation 8-27 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Goals T-12 and T-13 M-64 Landscape and Lighting Maintenance District (LLMD) Engage Plan Area property owners in establishing a LLMD lighting and landscape maintenance district to fund ongoing maintenance of complete street and other public realm improvements throughout the Plan Area Councilmember’s Office; Public Works; Finance FY2019 General fund, Rredirection of existing resources. If City already has LLMDs, they could potentially be extended into the Plan Area. If not, a new LLMD could be established. Funding to establish could be repaid when district is operational. Goal T-10 M-75A Complete Streets Funding In planned areas with existing development, engage property owners to establish an assessment district to construct complete street improvements in- lieu of a voluntary contractual assessment district Councilmember’s Office; Public Works; Finance FY2020 Grant funds General fund, redirection of existing resources Goal T-10 M-75B Construct Complete Street Improvements Construct complete street improvements Public Works In conjunction with new development, upon voluntary participation by property owners through a contractual assessment district or upon establishment of an assessment district Developer; Assessment district Policy T-4.1 M-86 Bicycle and Trail Network Program bicycle and trail facilities from the Fresno ATP into the capital improvement plan and construct the facilities as funding is available Public Works; Finance 10 years for priority network (see Fresno ATP for specifics) Grant funds Refer to Fresno ATP, $90/linear foot TABLE 8-75 (CONTINUED) Implementation Action Plan Matrix: Mobility Southwest Fresno Specific Plan8-28 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Policy T-6.2 M-97 Public Transit Conduct an annual meeting with FAX to review development activity and projects in the entitlement process in order to ensure FAX transit routes adequately connect existing and future residential areas to key destinations, including schools, retail, employment, and recreation and to ensure the establishment of bus rapid transit routes along Elm Avenue and California Avenue when warranted and feasible Planning and Development DARM 2018 Redirection of existing resources; would not require additional funding Policy T-9.1 M-108A Establish Truck Routes Complete a comprehensive planning process to engage Fresno County, business owners, schools, and residents to confirm appropriate truck routes in Southwest Fresno as shown in the Plan. Then, adopt an ordinance establishing agreed upon routes. Adopt an ordinance establishing the truck routes shown on the Existing, Planned and Recommended Truck Routes Map Mayor / City Manager; Public Works 2018 Does not require additional funding General redirection of existing resources for ordinance Policy T-9.1 M-108B Truck Route Improvements Program needed truck route improvements into the capital improvement plan and construct the improvements as funding is available and work with the County to provide improved truck routes on County land, including on Central Avenue City and County Public Works Include in the budget for FY2019 Capital improvement program for truck route improvements within the City’s jurisdiction TABLE 8-7 (CONTINUED) Implementation Action Plan Matrix: Mobility Chapter 8 | Implementation 8-29 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Policy T-3.5 M-119A Safe Routes to School Plan Develop safe routes to school plans for schools serving the Plan Area. Planning and Development DARM; Public Works FY2019 General fund, $45,000 Policy T-3.5 M-119B Safe Routes to School Improvements Program safe routes to school improvements into the capital improvement plan, apply for grant funding, and construct improvements as funding is available Public Works; Planning and Development DARM Include in the budget for FY2020 Grant funds including Caltrans Active Transportation Program, Sustainable Communities Grants; Capital improvement program Policy T-3.1 M-12 Pedestrian Activated Signal and High Visibility Crosswalks on North Avenue Design and install a pedestrian activated signal at the intersection of North Avenue and S. Clara Street and high visibility crosswalks per the 41 & North Corridor Complete Streets Plan Public Works 2018 Grant funds including Caltrans Active Transportation Program, Sustainable Communities Grants, Metro Planning Grants, $130,000 to $235,000 Policy T-9.1 and Policy T-9.2 M-13 Funding for Clean Vehicle Technology and Infrastructure Submit proposals and applications for funding to public agencies, foundations and charitable organizations, and corporate funds to facilitate and incentivize replacing public and private fleets with zero-emission or near-zero emission vehicles and the development of electric vehicle charging infrastructure DARMt; Public Works FY2018 and annually thereafter Grant funds and other funding pools, including the California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, light- duty equity pilots (such as EFMP Plus Up), agricultural worker vanpools, and car-sharing under SB 1275, and the Clean Vehicle Rebate Project TABLE 8-7 (CONTINUED) Implementation Action Plan Matrix: Mobility Southwest Fresno Specific Plan8-30 Goal PF-2 P-P1 Build New Park at MLK Magnet Core Construct a new park adjacent to the proposed college in the MLK Activity Center PARCS FY2018 through FY2019 Bond for College Development, DIF, Grant funds, $9M Goal PF-1 P-P2A Parks Improvement Plan Develop a parks improvement plan for existing parks PARCS FY2018 in coordination with Fresno Parks Master Plan Redirection of existing resources Policy PF-1.1 P-P2B Revitalize Existing Parks Upgrade existing parks’ infrastructure, landscaping, seating, and amenities PARCS; Public Works 10 years in coordination with the Fresno Parks Master Plan TBD, $200K (repair amenities) to $2M (replace amenities) per acre of parkland Goal PF-2 P-3P1 New Park Priority Project Construct new park at Grove Street, west of Elm Avenue as a priority project to serve existing neighborhoods on either side PARCS FY2018 General fund, Approximately $1.5M$150,000 (City staff will need to identify specific improvements and extimate the cost) Policy PF-1.3 P-42A Parks Environmental Cleanup Plan Develop a plan to remediate toxic sites on and/or adjacent to existing parkland PARCS; Public Works; DARM 1 to 2 years General fund, $55,000 Policy PF-1.3 P-42B Parks Environmental Cleanup Remediate toxic sites on and/or adjacent to existing parkland and prepare the sites for other potential uses, with the remediation of Hyde Park being a high priority; seek funds to implement remediation PARCS; Public Works 2 to 5 years EPA Brownfield grants or other grant fundsTBD Policy PF-1.2 P-53 Park Safety Address delinquent activity and vagrant populations on parkland through a ranger program, increased enforcement, or additional PARCS programming PARCS; Police Department FY2018 and ongoing Redirection of existing resources SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING TABLE 8-86 Implementation Action Plan Matrix: Parks and Urban Greening Chapter 8 | Implementation 8-31 TABLE 8-86 (CONTINUED) Implementation Action Plan Matrix: Parks and Urban Greening Goal PF-1 P-4A Parks Improvement Plan Develop a parks improvement plan for existing parks PARCS FY2018 in coordination with Fresno Parks Master Plan General fund, redirection of existing resources Policy PF-1.1 P-4B Improve Existing Parks Upgrade existing parks’ infrastructure, landscaping, seating, and amenities PARCS; Public Works 10 years in coordination with the Fresno Parks Master Plan TBD Goal PF-2 P-65 New Park Master Plans Develop a conceptual master plan for neighborhood parks in each geographic quarter-section with the first new development proposed Planning and Development DARM; PARCS Concurrent with future development proposals and Fresno Parks Master Plan Development: DIFDevelopers Policy PF-2.1 P-76 Develop New Parks Develop and maintain new neighborhood and community parks PARCS; Public Works Subsequent to future development proposals Current Parks Impact Fees and dedications and a variety of other sources Development: DIFs Maintenance: General Fund Goal PF-3; Policy PF-3.1 P-8 Community Landscapes Plan Develop a plan to plant trees on strategic properties in Southwest Fresno, host community education events, and plant 500 trees and provide initial tree care Planning and Development DARM; Tree Fresno 2018 Community Development Block Grant; $190,000 SP GOAL/ POLICY MEASURE NUMBER MEASURE NAME DESCRIPTION RESPONSIBLE PARTY; SUPPORT PARTIES TIME FRAME FUNDING Southwest Fresno Specific Plan8-32 Southwest Fresno Specific Plan | Glossary GLOSSARY Annexation The legal process of cities and towns acquiring adjacent unincorporated territory/land and thereby expanding their boundaries. Arterial Four- to six-lane divided (median island separation) roadways, with somewhat limited motor vehicle access to abutting properties, and with the primary purpose of moving traffic within and between neighborhoods and to and from freeways and expressways. In addition to major street intersections, appropriately designed and spaced local street intersections may allow left- turn movements to and from the arterial streets. Average daily traffic The average 24-hour traffic volume on a roadway. Normally, this would be periodic daily traffic volumes over sevearal days, not adjusted for days of the week or seasons of the year. Awning A rooflike extension, usually over a doorway and attached to an exterior wall, that provides protection from outdoor conditions such as sun or rain. Bicycle-sensitive detection Device used at traffic signals to detect the presence of a bicycle and alert the traffic signal controller of bicycle crossing demand. Proper bicycle detection should accurately detect bicyclists and provide clear bicyclists how to actuate detection (e.g., what button to push, where to stand). Biofiltration swale A sloped channel or ditch that uses vegetation, such as grasses, to provide flow and treatment of stormwater runoff. Bollard A short post used to prevent traffic from entering an area. Broken bike lane A bike lane with dashed line striping typically used at approaches to intersections to indicate where vehicles may enter or cross a bike lane Buffered bike lane Bike lane that is separated from the adjacent general-purpose vehicle travel lane or parking lane by a pattern of standard logitudinal markings. The buffer area might include chevron or diagonal markings. Build-out The level of development characterized by full occupancy of all developable sites in a particular time horizon. Bus Rapid Transit (BRT)A bus-based mass transit system with specialized design, services, and infrastructure to improve system quality and remove the typical causes of delay. BRT combines the speed, reliability and amenities of rail-based rapid transit systems with the flexibility of buses. Southwest Fresno Specific Plan California High-Speed Rail Authority California State Agency responsible for planning, designing, building and operation of the first high-speed rail system in the nation, the California High- Speed Train. Capital Improvement Program (CIP) The multi-year scheduling of public physical improvements based on studies of fiscal resources available and the choice of specific improvements to be constructed. Carpool/vanpool Arrangement between people to make a regular journey in a single vehicle. Vanpools are a type of carpool designed for carrying a larger number of passengers, and is often provided by an organization for work-related transportation. City Council The City Council is the governing body of the City of Fresno and, except where expressly limited by the City Charter, is vested with all powers of legislation in municipal affairs. As the legislative body, the City Council is responsible for adoption of the Plan, subject to Mayoral veto or referendum, and any amendments to the Plan. City limit The incorporated boundaries of the City of Fresno. City or City of Fresno (capitalized) and city or city of Fresno (non-capitalized) Capitalized “City” refers to the municipal entity and its functions as a local government entity which is also referred to as “City of Fresno” while non- capitalized “city” refers to the geographical area or the people of Fresno which is also referred to as “city of Fresno.” Class I Bikeway Bike path or shared use path, which provides a completely separated right- of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. Class II Bikeway Bike lanes which provide a restricted right-of-way designated for the exclusive or semiexclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. Class III Bikeway Bike routes which provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. Class IV - Cycle Track See Class IV - separated bikeway. Class IV - Separated Bikeway Cycle tracks or separated bikeways, which promote active transportation and provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. Collector Two- to four-lane undivided (opposing travel lanes not separated by a median island) roadways, with the primary function of connecting local streets and arterials and neighborhood traffic generators and providing access to abutting properties. Southwest Fresno Specific Plan | Glossary Colorized conflict area Green colored pavement within a bike lane or within an extension of a bike lane may be used to call attention visually to conflict areas between bicyclists and motorists. Community Facilities District (CFD) A method used by local government to finance public improvements and services. A CFD is created by a sponsoring local government agency. The proposed district includes all properties that will benefit from the improvements to be constructed or the services to be provided. A CFD cannot be formed without a two-thirds majority vote of residents living within the proposed boundaries. Or, if there are fewer than 12 residents, the vote is instead conducted of current landowners. In many cases, that may be a single owner or developer. Once approved, a Special Tax Lien is placed against each property in the CFD. Property owners then pay a Special Tax each year. If the project cost is high, municipal bonds are sold by the CFD to provide the large amount of money initially needed to build the improvements or fund the services. Community garden A cooperatively-managed garden in an urbanized area. Community gardens can be a source of fresh produce and provide learning opportunities for community members. Complete streets Streets which are designed and operated to enable safe, attractive, and comfortable access and travel for all users, including motorists, pedestrians, bicyclists, children, seniors, individuals with disabilities, and users of public transportation. Connector Two- to three-lane undivided roadways planned to provide access to larger, well integrated neighborhoods typically 40 to 160 acres in size and generally having a range of residential densities and one or more supporting uses, such neighborhood-serving recreational open space, school, civic, quasi-public and shopping. Corner radius Describes the radius of a corner arc connecting two straight lines. At the intersection of roadways, the corner radius describes the redius of the arc at the corner of the intersection where two sidewalks on intersecting streets come together. County (capitalized) and county (non-capitalized) Non-capitalized county refers to the geographical area or the people of the county of Fresno. Capitalized County refers to the local government which is also referred to as either the County of Fresno or Fresno County. Cross flow Locations where travel paths cross each other. For example, the location where vehicles turn into driveways across bike lanes, bike paths, or sidewalks is a cross flow. Curb bulbouts Also known as "curb extensions," bulbouts are extensions of a raised curb into the street, increasing the visibility of pedestrians. Curb extensions also create shorter crossings for pedetrians and increase available space for street furniture, benches, plantings, and street trees. Southwest Fresno Specific Plan Detention basin Facilities classified according to the broad function they serve, such as storage, diversion or detention. Detention facilities are constructed to retard flood runoff and minimize the effect of floods. Development impact fee A fee levied on the developer of a project by a city, county, or other public agency as compensation for otherwise-unmitigated impacts the project will produce. California Government Code Section 54990 specifies that development fees shall not exceed the estimated reasonable cost of providing the service for which the fee is charged. To lawfully impose a development fee, the public agency must verify its method of calculation and document proper restrictions on use of the fund. Drainage area A drainage area is an area in the natural environment where rainwater runoff and stormwater naturally collects. Human activity and construction of homes have the effect of changing the size and shape of a drainage area. Environmental Impact Report (EIR) A document used to evaluate the potential environmental impacts of a project, evaluate reasonable alternatives to the project, and identify mitigation measures necessary to minimize the impacts. The California Environmental Quality Act (CEQA) requires that the agency with primary responsibility over the approval of a project (the lead agency) evaluate the project’s potential significant impacts in an EIR. Environmental justice Environmental Justice refers to the fair treatment of all people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. Flexible/inflexible posts Vertical delineator posts used to provide guidance to motorists. These posts may bs used to separate Class IV separated bikeways from adjacent vehicle travel lanes. See Class IV - Separated Bikeway. Floor area ratio (FAR)The ratio between gross floor area of structures on a site and gross site area. Thus, a building with a floor area of 100,000 square feet on a 50,000 square- foot lot will have a FAR of 2.0. Frontage The area between the façade of a building and an abutting feature such as a sidewalk, street, beach, or waterbody. General fund Monies from local property and sales taxes, and other revenue sources, that pay for City of Fresno services. General Plan This document, including the adopted Housing Element, which is an integrated, internally consistent, comprehensive, and long-range set of goals, objectives, policies, implementation measures and diagrams for the general physical development of the city and any land outside the City’s boundaries which bears relation to the City’s planning. Southwest Fresno Specific Plan | Glossary General Plan horizon The level of development predicted to occur by 2035, in accordance with the General Plan. Goal A goal is a general direction-setter. It is an ideal future end related to the public health, safety or general welfare. A goal is a general expression of community values and, therefore, may be abstract in nature and is generally not quantifiable or time-dependent. Green bike lane Green colored pavement may be used within a bicycle lane or within an extension of a bicycle lane to enhance the visibility of the bicycle lane or extension. Greenhouse gases Greenhouse gases are gases in the atmosphere that absorb and emit radiation within the thermal infrared range. This process is the fundamental cause of the greenhouse effect. Carbon dioxide, methane, and ozone are examples of greenhouse gases. Groundcover Plants that grow low to the ground and covers/conceals an area of bare earth. Hardscape Hard, solid elements in landscape design such as walkways, concrete patios, rocks, decks, and pavers. Heat island effect The result of an urban area being significantly warmer in temperature than its surrounding areas due to activities generated by its population such as energy usage, pollution emissions, and development. High-visibility crosswalks A crosswalk marking pattern that provided added visibility of the crosswalk. Includes white diagonal lines at a 45-degree angle (diagonal) or white longitudinal lanes parallel to traffic flow (continental/ladder/bar pair/double continental). Implementation Measure An implementation measure is an action, procedure, program or technique that carries out general plan policy. Infill development The process of developing vacant or under-used parcels within existing urban areas that are already largely developed. Landscape strip A landscaped area typically located between roadway and sidewalk Level of Service (LOS)A qualitative measure describing operational conditions within a traffic stream and the perception of motorists and/or passengers regarding these conditions. A level of service definition generally describes these conditions in terms of such factors as traffic volumes, speed and travel time, delays at traffic signals, freedom to maneuver, traffic interruptions, comfort, convenience, and safety. Southwest Fresno Specific Plan Mitigation measure Action taken to avoid, minimize, or eliminate environmental impacts. Mitigation includes: avoiding the impact altogether by not taking a certain action or parts of an action; minimizing impacts by limiting the degree or magnitude of the action and its implementation; rectifying the impact by repairing, rehabilitating, or restoring the affected environment; reducing or eliminating the impact over time by preservation and maintenance during the life of the action; and compensating for the impact by repairing or providing substitute resources or environments. Multi-modal street A street or roadway supporting more than one mode of transportation such as vehicle, bicycle, transit, and/or walking. Multi-use trail See Class I Bikeway. Parklet A small seating area or green space created as a public amenity on or alongside a roadway, typically in a former on-street parking area. Pedestrian hybrid beacon A special type of hybrid beacon used to warn and control traffic at an unsignalized location to assist pedestrians in crossing a street or highway at a marked crosswalk. Pedestrian-oriented development Development designed with an emphasis on the street sidewalk and on pedestrian access to the building, rather than an auto access and parking areas. Performance standard A statement representing a commitment by a public agency to attain a specified level or quality of performance through its programs and policies. Permeable pavement/paving A type of porous pavement material used to cover the ground, but still allow for the movement of stormwater through the surface, reducing runoff and filtering pollutants from the water. Planning Commission The City of Fresno Planning Commission. The Planning Commission hears, reviews, and makes recommendations to the City Council on development, land use, and environmental issues, including the General Plan, zoning and subdivision ordinances, and other land use regulations. Policy A policy is a specific statement that guides decision-making and indicates a commitment of the local legislative body to a particular course of action to accomplish goals and objectives. Ponding basin (retention/ detention) See detension and/or retention basin. Protected signal phasing A mode of traffic control signal operation in which left or right turns are permitted to be made when a left or right green arrow signal indication is displayed. This is in contrast to permissive phasing, in which left or right turns are permitted to be made after yielding to pedstrians, if any, and/or opposing traffic, if any, during a circular green signal indication. Southwest Fresno Specific Plan | Glossary Public access easement A defined area where access is granted for public use and enjoyment such as a pathway that leads to a public amenity. Public right-of-way (ROW)A continuous strip of land reserved for or actually occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use, which may be an easement, fee (ownership) or other interest in land. Rain garden A planted area that is depressed from the ground to allow the collection of stormwater runoff from impervious surfaces. Raised curb An elevated edge adjacent to a street or roadway. May be used to separate a Class IV separated bikeway from adjacent travel lane. See Class IV - Separated Bikeway. Rectangular rapid flashing beacon A warning beacon that uses rectangular-shaed high-intensity LED-based indications that flash rapidly in a wig-wag "flickering" flash pattern, and is mounted with a pedestrian crossing warning sign at crossings across uncontrolled approaches. Rention basin A pond, pool, lagoon, or basin used for the storage of water runoff, which is not pumped to another location. Ride share See carpool/vanpool. Road diet A roadway reconfiguration that involves converting existing multi-lane streets into roadways with fewer vehicle travel lanes with reclaimed space allocated for other uses, such as turn lanes, bus lanes, bike lanes, sidewalks, parking, or landscaping. Sharrow A shared lane marking that may be used to assist bicyclists with lateral positioning in a travel lane, alert road users of the lateral location bicyclists are likely to occupy in the traveled way, encourage safe passing of bicyclists by motorists, and reduce the incidence of wrong-way bicycling. Sightline The line of sight of a driver when navigating a roadway. Single-occupancy vehicle Vehicle, typically a private automobile, with a driver with no passengers. Specific Plan Refers to a plan that provides detailed design and implementation tools for a specific portion of the area covered by a general plan. A Specific Plan may include all regulations, conditions, programs, and/or proposed legislation which may be necessary or convenient for the systematic implementation of any general plan element(s). Southwest Fresno Specific Plan Sphere of Influence (SOI)The ultimate service area of an incorporated city, as established by the Fresno Local Agency Formation Commission (LAFCo). Stormwater management A coordinated strategy to minimize the speed and volume of stormwater runoff, control water pollution, and maximize groundwater recharge. Telecommuting Working from home, making use of the Internet, email, and the telephone. Traffic calming Measures taken to deliberately slow vehicle travel speeds, reduce negative effects of motor vehicle use, alter driver behavior, and improve conditions for non-motorized users. This includes measures such as speed humps, speed tables, traffic diverters, curb extensions, chicanes, and chokers. Transit Oriented Development (TOD) A development or planning concept typified by the location of residential and commercial districts around a transit station or corridor with high quality service, good walkability, parking management and other design features that facilitate transit use and maximize overall accessibility. Transportation Demand Management (TDM) Measures to improve the movement of persons and goods through better and more efficient utilization of existing transportation systems (e.g., streets and roads, freeways and bus systems) and measures to reduce the number of single-occupant vehicles utilized for commute purposes. Tree canopy The upper layer of a tree made up of leaves, branches, and stems, which creates shade, greenery, and biological habitat to its surroundings. Tree grate A metal plate with holes that is installed flush to the ground and over a street tree's roots to allow pedestrians more space to walk and to allow water and air to pass through to the tree. Uncontrolled crosswalk/ intersection A crosswalk or intersection where traffic on the major street is not controlled by a traffic control device, such as a traffic signal, stop sign, or yield sign. Use The purpose for which a lot or structure is or may be leased, occupied, maintained under the Development Code and General Plan land use designation. Utility box An enclosure that contains electrical devices that serve and provide utilities such as gas and electricity. Wayfinding Information systems that guide people through a physical environment and enhance their understanding and experience of the space. It is particularly important in complex built environments such as urban centers, health care and educational campuses, and transportation facilities. Yield line A row of solid white isosceles triaples poiting toward approaching vehicles extending across all approach lanes to indicate the point at which the yield is intended or required to be made. Exhibit E: Plan Amendment A-17-14 Proposed Land Use Map Figure 3-2 with Technical Changes 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC CPCP RR CZCZ CMXCMX CMXCMX EE NMXNMX PFPF OSOSOSOS NPNP Medium Density Residential to Neighborhood Mixed-Use2 WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE CLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER AVE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFO RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area (REVISED 10-6-17) 2 1 3 RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood Center NCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS PROPOSED CHANGES TO SPECIFIC PLAN LAND USES Corridor/Center Mixed-Use to Elementary School 1 1 Land Use Changes within Martin Luther King Jr. Boulevard (MLK) Activity Center 3 3 Medium Density Residential to Neighborhood Mixed-Use 2 2 OO Exhibit F Plan Amendment A-17-15 Figures LU-1 and LU-2 of the General Plan !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVECALAVERASSTKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST DIVISADERO ST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEBERANWAYVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITES BRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVECMX CMX PB PB PB PB PB PB PB NP NP NP NP P CP A E E E M M M RUN RUN RUN P PB/P NMX NMX C C C C C O O O O CZ RUN RUN RUN RUN R R CMX E E NP NP NP RM R CPF CP 99 180 41 Proposed L and Use C hanges in the S outhwest F resno S pecific Plan A rea ®Development and Resource Management Department Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles Date: 10/6/2017 Legend Proposed Land Use Changes - 870 Total Acres RESID ENTIAL Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Urban Neighborhood (16-30 D.U./acre) COMMERCIAL Community Regional EMPLOYMENT Office OPEN SPACE Clear Zone Neighborhood Park Park Ponding Basin (Park use) Boundaries Southwest Fresno Specific Plan Boundary !!Fresno Sphere of Influence PUBLIC FACILITIES Public/Quasi-public Facility Elementary SchoolEMIXED USE Neighborhood Mixed Use Corridor/C enter Mixed Use NMX CMX CZ NP P PB/P O C RUN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ANNASTARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIAAVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIAAVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVECALAVERASSTKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE FRUITAVEELMAVELST DIVISADERO ST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST P ST F ST HAWESAVE N ST SANTAFE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST T ST LST LILYAVEWESTAVEPARKAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEDIANASTKIRKSTIVYAVELILYAVEWELLERSTELMAVEABBYSTGENEVAAVECHERRYAVEEFFIESTE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST POPLARAVEGLENNAVEGSTLOTUSAVEVINE AVE DOROTHY AVE FLORENCE AVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE EDGAR AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIAAVE WESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISONAVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEMARKSAVEWALNUTAVEELMAVENIELSENAVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVERUN O O RUN O CMX O CMX 99 180 41 Date: 10/6/2017 Proposed Dual Land Use in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles LegendRESIDENTIAL Me dium Low Density (3 .5-6 D.U./a cre) Me dium Density (5 .0-12 D.U./a cre ) Me dium High Den sity (12-16 D.U./acre) Urban Neig hborho od (16-30 D.U./acre)EMPLO YMEN T Office BOUND ARIES So uth west Fre sn o Sp ecific Pla n Bo undary !!Fresno Sphere of Influ ence MIXED USE Corridor/Center Mixed UseCMX RUN O Exhibit G Text Amendment T-17-08 Establishing Overlays Proposed Text Amendment for the Southwest Fresno Specific Plan. 15-1612 Kearney Boulevard Historic Corridor (KB) Overlay District A. Purpose. The Kearney Boulevard Historic Corridor (KB) Overlay District is intended to preserve and enhance the historic character of Kearney Boulevard. B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein. C. Development Standards. Development Standards shall be as required by the Base District, except as follows: 1. Front Setback. The front setback for new structures shall not be greater than 110 percent nor less than 90 percent of the average of the actual front setbacks of all residential structures on the blockface. The following exceptions shall apply: a. In no instance shall the front setback be less than 10 feet. b. In no instance shall the setback for a new structure be less than the setback of an adjacent structure which is a designated historic resource. 2. Building Orientation and Pedestrian Access. All new structures (excluding accessory structures) shall be oriented toward Kearney Boulevard with front doors facing the street, and a paved path no less than five feet in width shall be provided from the sidewalk to the front door. 3. Fences, Walls, and Hedges. a. Height. Front yard fences shall be a maximum of 3 feet in height. b. Materials and Opacity. Front yard fences shall be constructed in one of the following manners: 1. Wrought iron or tubular steel with no more than 20% opacity; or 2. Wooden pickets with no more than 50% opacity. 4. Street Trees and Landscaping. a. Retention of Existing Landscaping. 1. Existing palm trees, eucalyptus trees, and oleander bushes shall be retained unless they are determined by the Review Authority to be a demonstrable health or safety threat, in which case they shall be replaced with a tree or bush of the same species. 2. Notwithstanding Section 15-2308-C-3, the removal of eucalyptus trees shall require a Tree Removal Permit within the KB Overlay District. b. New Development. Any activity which requires a Development Permit, Planned Development Permit, or Development Agreement shall plant 1 Proposed Text Amendment for the Southwest Fresno Specific Plan new palm trees, eucalyptus trees, and oleander bushes along Kearney Boulevard to the full extent necessary to continue and match the historic tree pattern along the entirety of the project’s Kearney Boulevard frontage. 5. Frontage Road. All development shall continue the historic configuration of the boulevard with frontage roads on either side separated by planted side medians. 15-1613 California Avenue Transit Corridor (CA) Overlay District A. Purpose. The California Avenue Transit Corridor (CA) Overlay District is intended to create a safe, convenient, and comfortable pedestrian environment along the residential sections of the California Avenue transit corridor. B. Use Regulations. Those uses permitted in the Base District, subject to the limitations and conditions set forth therein. C. Development Standards. Development Standards shall be as required by the Base District, except as follows: 1. Building Orientation and Pedestrian Access. All new structures (excluding accessory structures) shall be oriented toward California Avenue with front doors facing the street, and a paved path no less than five feet in width shall be provided from the sidewalk to the front door. 2. Fences, Walls, and Hedges. a. Height. Front yard fences shall be a maximum of 3 feet in height. b. Materials and Opacity. Front yard fences shall be constructed in one of the following manners: 1. Wrought iron or tubular steel with no more than 20% opacity; or 2. Wooden pickets with no more than 50% opacity. c. Walls. In no instance shall a wall be permitted within the required front yard setback or any other space which lies between residential structures and California Avenue. 2 Exhibit H Rezone R-17-17 Map of Overlays !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVEKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVEPR OS OS PR 99 180 41 Date: 10/13/2017 Proposed Overlay Districts in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department LEGENDSouthwest Fresno Specific Plan Area Overlays Kearney Boulevard Historic Corridor (KB) Overlay District - 50.65 Acres California Avenue Transit Corridor (CA) Overlay District - 40 Acres Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles Boundaries Southwest Fresno Specific Plan Boundary !!!Fresno Sphere of Influence Exhibit I Rezone R-17-18 Map !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVEKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVEO RM-1 O O RM-2 O O *** ** * *** * RM-2 RM-2 RM-2 RM-2 RS-4RS-4 RS-4 RS-4 RS-4 RS-4 NMX NMX NMX NMX NMXRS-5 RS-5 RS-5 RS-5 RS-5RS-5 CR CR O O O O O O OO CMX CMX CC CC CC CC CC CC CC CC CCCC CC PR OS CMX OS RS-4 99 180 41 Date: 10/18/2017 Proposed Zoning Changes in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department Proposed Zoning District Changes RS-4 - Residential Single-Family, Medium Low Density RS-5 - Residential Single-Family, Medium Density RM-1 - Residential Multi-Family, Medium H igh D ensity RM-2 - Residential Multi-Family, Urban Neighborhood NMX - N eighborhood Mixed Use CMX - C orridor/Center Mixed Use CC - C ommercial Community CR - C ommercial Regional O - Office OS - Open Space PR - Park and Recreation PI - Public and Institutional Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles * Site planned as Park or Public Facility but zoned to match dual designation. Boundaries Southwest Fresno Specific Plan Boundary !!Fresno Sphere of Influence Exhibit J Housing Element Analysis Exhibit K Plan Comment Letters on May 2017 Public Draft City of Fresno Development and Resource Management Department Attn: Sophia Pagoulatos, Planning Manager 2600 Fresno Street, Room 3065 Fresno, CA 93721 RE: Draft Southwest Specific Plan Dear Ms. Pagoulatos, Thank you for the opportunity to provide comments on and suggestions for the scope and content on the Draft Southwest Specific Plan (“Draft SWSP” or “Draft”). We appreciate the Department of Development and Resource Management’s (“DARM”) receptiveness to the community’s and Steering Committee’s input and holding additional community meetings in response to residents’ requests. Through these comments, we aim to assist the City in developing a SWSP that accurately and fully reflects residents’ goals and vision for the future of their community and which will be realized through a strong implementation plan. Overall, the Draft SWSP reflects many of the priorities and concerns we heard from Southwest Fresno residents and SWSP Steering Committee members over the course of its development. We commend the City for incorporating these priorities and concerns in the Draft. However, the Draft lacks specific and detailed projects and action items that are necessary to turn the plan’s vision and policies into reality for West Fresno residents. Without a comprehensive and detailed series of commitments and action items backed by identified funding sources to yield the physical projects and policy changes envisioned by the Plan, the SWSP risks remaining just another paper document that gathers dust and another example in the long history of broken promises to West Fresno. In this letter, we provide recommendations regarding revisions to policies in the Draft SWSP and additional policies that should be included in a revised draft SWSP to more fully capture the priorities expressed by residents during the SWSP’s development. We also discuss how the City can improve its implementation chapter to create a clear and comprehensive plan for how the SWSP’s vision, goals, and policies will become a reality. The City Must Lay the Groundwork for Transformation in West Fresno by Adopting a Comprehensive, Detailed and Action-Oriented SWSP Early This Fall The SWSP is a landmark opportunity to chart a new course for West Fresno – a course that is designed and led by the residents who live there. The SWSP also comes at a critical moment when $70 million have been allocated to Fresno through the Transformative Climate Communities Program to transform some of the state’s most disadvantaged census tracts into economically and environmentally thriving areas of opportunity. Fresno residents have voiced to City and State leaders their strong and unequivocal support to see the funds used to implement catalytic housing, commercial and mixed use, transportation, infrastructure, urban greening, and work force development projects in West Fresno. As the community with the most pollution burdened census tracts in the state, that has undisputedly faced decades of public and private neglect, West Fresno epitomizes the communities that AB 2722 was enacted to help transform. A comprehensive, detailed, and action-oriented SWSP Plan adopted early this fall is an essential foundation to ensuring that West Fresno can take full advantage of the money coming to Fresno. We therefore urge the City to adopt the revised Draft SWSP that includes the policy and implementation measure recommendations set forth below and other recommendations provided by residents and ensure the adoption of the final SWSP no later than the end of September 2017. Ensuring Access To and From West Fresno Through Efficient, Accessible, and Affordable Public Transportation As the Fresno Area Express (“FAX”) bus transit plans to expand services into the area west of Highway 99, we are hopeful this will provide much better mobility for the existing community who heavily rely on this service. As noted in the Plan, we strongly support the expansion of transit lines, bus frequency, and hours in operation, however, this language is contradictory to language in the Downtown Community Neighborhoods Plan that shows withdrawal of services to areas West of the 99. If services were to be decreased rather than expanded, this would clearly create a disparate impact on this predominantly community of color that uses transit services as a lifeline to jobs, health appointments, etc. Figure 5-4 in Chapter 5: Transportation shows what could potentially be a life line for residents to access better jobs, educational opportunities, and medical care while development occurs in the Plan Area; and once development initiates, these new lines could be a source for other residents to come into this community to take advantage of the community’s new resources. We expect to see these potential lines vetted first before community on various occasions before adopted to ensure what is proposed is consistent with the majority of the community’s wishes. If lines are found to not work with community needs, the City and FAX must be willing to alter their proposed routes to create a viable bus service for Southwest Fresno. Confirming these routes work for the community will translate to higher ridership, reduced vehicle miles traveled, and reduced greenhouse gas emissions. To further reduce our emissions and simultaneously reach California’s ambitious climate goals, a policy should be added to promote and incentivize zero emission buses come into West Fresno. Zero emission buses have been brought up by community as a method to improve the community’s already egregious air quality. Additionally, the plan must ensure that focusing on corridors with intensive land uses does not result in failure to provide efficient services to neighborhoods not along corridors and look at alternative first and last mile solutions to allow all residents benefit from these services. We support policies included in the Draft SWSP that respond to the numerous concerns raised by residents surrounding the heavy truck traffic that runs throughout the Plan Area. Truck traffic through West Fresno residential neighborhoods puts in peril pedestrians, cyclists, and handicapped residents who share the road with these vehicles in the significant areas of the community that lack sidewalks in peril. However, we do not believe some of the proposed changes will help alleviate the hazard res must face or the pollution they’re exposed to. We applaud staff for rerouting truck traffic on California Avenue, part of Jensen Avenue, and North Avenue, however, more must be changed. Specifically, the existing truck traffic on Church Avenue which passes through homes and three schools, should be eliminated. This route can be moved to the already recommended truck route along Central Avenue to ensure it reaches its facilities on Church and West avenues. Additionally, traffic on Elm Avenue north of Jensen Avenue as there is no need for this route since the facilities located on Elm south of Jensen are accessible by Highway 99. Good Quality, Healthy, and Accessible Parkland for all Southwest Fresno As identified in the General Plan, families in Fresno residing south of Shaw are known to be park poor, meaning these communities not only lack the greenspace acreage, but also quality amenities in their few existing parks. Parks in Southwest Fresno are no different, and even worse off since the two largest park sites are found surrounded and on top of known landfill sites. Conversely, Chapter 6 section B portrays a different story contrary to community residents’ reality and their comments. This section finds that “existing parks listed meets and even exceeds the General Plan’s parkland standard of 3 acres per 1,000 residents at a ratio of 3.45 acres per 1,000 residents”. Though the section goes into further discussion acknowledging that ponding basins and ponding basin parks, Hyde Park, and the Regional Sports Complex are consistently identified by residents as unhealthy and unusable park space, the previous paragraph along with Table 6-1 diminishes the existing conditions where Southwest Fresno does not have adequate park space. This table rebuts the lengthy conversations the Steering Committee had and comments made by residents, that state those are not adequate park spaces. Table 6-1 accurately reflect the reality Southwest Fresno residents face and that is that unhealthy and inadequate greenspace should not be identified as available park space. Those spaces include parks on or surrounding landfills like the Regional Sports Complex and Hyde park; ponding basins and ponding basin parks; and parks with no amenities or just benches. If all the previously mentioned were removed, usable parkland available would decrease to 20.06 acres, or 1.61 acres per 1,000 residents. A new table should be created to reflect this reality. The Plan recommends certain mitigations to improve parkland in Southwest Fresno it should prioritize the addition of quality acreage, amenities to parks with no existing structures or amenities, and the replacement of older and unsafe equipment. Parks old park equipment should be replaced, prioritizing those parks with the oldest structures first. On the other hand, improving access and amenities at ponding basin parks is listed as a mitigation effort, however, we often hear from residents that they do not wish this to be prioritized. We understand the ease in these parks adding greenspace, however, it is pointless to invest in these ponding basins as they will not fulfill the needs of the community for healthy, aesthetic green space that is available for use year-round. Furthermore, we commend staff for noting that acreage should be limited to the upper and/or middle levels so as to make the actual acreage much more realistic and look forward to seeing the changes as it is implemented. Add Policies and Implementation Measures to Improve West Fresno’s Environmental Quality We look forward to collaborating with City Staff in developing the Industrial Compatibility Assessment (“ICA”) and are in full support of this policy. The completion and implementation of a thorough ICA is the first step in the long marathon it would be to create healthy neighborhoods across Fresno City and improve our nationally ranked harmful air quality. Yet, as is written the ICA will only “monitor and mitigate negative impacts of industrial uses from becoming a nuisance hazard to residents”. Residents in a city where 40% of the census tracts rank in the top 5% on the CalEnviroScreen 3.0 deserve something better that will actually provide drastic changes to their reality. A sound ICA will comprehensively assess the various impacts surrounding communities around facilities face and identify options to improve living conditions for the neighborhood. In addition to mitigation efforts that are also complimented with comprehensive greening strategies, options should include relocation and amortization, all while working with owners of these facilities to provide the best outcome for existing residents. Another bullet in this section reads that it will “restrict proximity of industrial development and truck routes near residential areas”. This language should be stronger and prohibit, rather than restrict, all industrial development and truck routes near homes. The City should ensure that not only is the Plan Area safeguarded from any new industrial development, but the entire West Fresno region so as to be consistent with the Vision adopted in December. Comments on the Plan’s Identified Four Priority Projects and Programs We acknowledge the Staff’s efforts in identifying four priorities that can be implemented or started at around the time of the Plan’s adoption. These priorities include: an implementation oversight committee, employment skills and training workshop, sidewalk demonstration project, and a new park project. To the committee’s priority, the SWSP should include a commitment to ensure that community members are informed of every step involving in creation of the committee, including how they can participate in the committee as members or the public. This process should be transparent and inclusive of residents on the committee and not solely stakeholders. Furthermore, this committee should have the authority to vet and approve proposed projects ensuring all development stays true to the Plan; review implementation of SWSP policies; and propose methods to implement the Plan. Similarly, the workshops should be well publicized at strategic locations including schools, libraries, community centers, and high traffic pedestrian intersections. Given the priority parks are for the community, City Staff should develop the new park on Elm and Grove alongside community. The active participation of community members will create a sense of ownership amongst the community and constitute a step towards mending the distrust the community has experienced as a result of historical neglect. To further increase opportunity for employment with relatively better wages, West Fresno residents should be notified of employment opportunities as development of the Plan Area commences. Whether that be in commercial zoning, office spaces, or the reverse triangle where industrial development is planned for, surrounding community should have priority access to these jobs. This will not only bring economic stability to a community where most jobs are being outsourced, but greenhouse gas emissions will be reduced if you aren’t having residents from across town driving their typical 20-30 minute commute. Access to good quality jobs is one of the items identified through this process and others, that the residents have identified as a priority to create a self-sufficient community. The City Must Revise the Implementation Chapter to Include Specific Projects Tied to Identified Funding Sources & Timelines Though the current draft does include certain general projects with general funding sources listed and a number of workshops, there are few detailed physical projects. Southwest Fresno’s plan does not contain the specificity one would expect and require a specific plan to have. There should be multiple tables addressing transportation, infrastructure, sustainability, building, and other topics. Within these tables one can then find a project name and short description; which entity or sector’s responsibility it is to implement – for instance, is it private or public, City Council or DARM, etc.; a timeframe of project initiation; a cost estimate; and potential funding sources from the various sources available of public, private, other government, and others. To model after an already existing specific plan, the Fulton Corridor Specific Plan (“FCSP”) passed in 2016, ideally lays out these projects in a very easy to read and detailed manner. In developing the second draft of the SWSP, the City should look at the level of specificity and detail laid out in the FCSP for inspiration. Additionally, the FCSP includes Table 8.4A in Chapter 8: Public Realm which is a Street Tree Planting List complete with a map of the Fulton Corridor identifying where the tree(s) will be planted, the type of tree planted, and the spacing. Having additional shade when walking or biking and to also help with the severe contamination in the neighborhood, residents have mentioned time and time again the importance of having more tress. Though the SWSP Draft does acknowledge this need, it does not go into the same level of detail as the FCSP, which would greatly help the implementation process as the City moves forward on this Plan in years to come. Similarly, there should be a map, table, and plan addressing the numerous industrial sites in Southwest Fresno by creating green buffer zones around these facilities to reduce the direct contact surrounding homes, parks, and schools have to the pollution exuding from these industrial factories. This was something that was constantly discussed amongst community and Steering Committee members that is not clearly laid out in the Draft Plan. If adopted in early Fall, this plan comes at an opportune time. A community that has been long forgotten and ignored has the opportunity to receive state funding from a program meant for communities just like this one. A community with some of the worst socioeconomic and environmental statistics in the state, a revolutionary community plan, and dedicated and passionate residents. We appreciate City Staff’s efforts to create a reflective SWSP inclusive of most of the comments heard at meetings and workshops. As this plan further develops to reflect the concerns mentioned above and others, it has the potential to lift West Fresno out of its current crisis and truly transform it to be a successful, thriving, opportunity-filled community that existing residents and our city deserve. Sincerely, Dolores Weller Central Valley Air Quality Coalition Grecia Elenes Leadership Counsel for Justice and Accountability Margarita Rocha Centro la Familia Nayamin Martinez Central California Environmental Justice Network Sandra Celedon Building Healthy Communities Venise Curry Communities for a New California Education Fund Southwest Fresno Specific Plan Alternative Draft Comments Land Use Open Space: In planning for the future, design with prevention of overpopulation and oversaturation because an aerial view of LA or the Bay Area looks cancerous with all of its urban sprawl with no green space. Our open space is not in short supply in Southwest Fresno, so don’t design as if it is. Be creative and open to designs that allow for the small-town atmosphere, the agricultural base and include the infrastructure that allows for the sophistication of businesses. These factors can create a complete community without it having to look like the replica of some other city. We have an opportunity to be unique to how we design. Yes, when you look at an aerial view of southwest Fresno, there is a lot of open space that is not filled with buildings. This does not mean that the only way to make use of that open land is to build buildings on it. We are Fresno and a major part of our identity is that we are an “agriculture bread basket” and we should not be trying to mimic a large metropolis of the Bay Area or Los Angeles where their green open space is in short supply. Our Open Spaces need to be filled with what our Southwest Fresno citizens that currently live there need. We live on the most fertile soil, yet our families live in a Food Dessert because we have no quality grocery stores and not enough community gardens. We don’t need farmers markets to be set up in a paved parking lot when we have the fertile land that can be its own organized market. Park Space: Southwest Fresno has the most available open space within the City of Fresno, but the least amount of open green space designated to public parks. The Parks Master Plan and the Southwest Fresno Specific Plan need to be reviewed and implemented simultaneously. The research and analysis of the state of our parks has already been completed so use that information. Also, incoming housing developers should be required by the City of Fresno to include accessible green space and parks within their development plans. There should also be stipulations on the light industrial warehouse developments to be environmentally responsible and ethically aware that they are still building/situated next to a community. For example: South Elm/North where light industrial but large building structures are continually being established, should be required to maintain tree lined streets and pocket parks. Financial Resources While A Lot of work has already gone into the Southwest Fresno Specific Plan, it is still too general and does not include enough details. If this plan is to get off the shelf and into implementation stage, it needs to be as complete as any other specific plan that the City has worked on. Lay this plan out on a table, side by side the Fulton Corridor Specific Plan and how different does it look in the details of completeness. There are no financial estimations included in the plan that gives any idea of how much specific projects will cost. For example: what is going to be the estimate cost in street infrastructure at the designated Magnet Cores? Implementation When asked to give a numerical priority to which topics should be implemented first, they are all a priority and should be implemented at the same time. Parks: Developing a new park and rehabilitating an existing park: These are still priority for the Parks and Rec and Parks Master Plan departments of the City of Fresno. Employment and Job Opportunities and Skills Training and Youth Development and a Community College Satellite Campus: These should be the priority for the Economical Development and Educational departments of the City of Fresno and State College Community District. Transportation (truck routes, streets and sidewalks and bicycle lanes and bus services: These should be the priorities for our Public Works/ Transportation Departments of the City of Fresno. Don’t try to put the responsibility of prioritization onto the citizens of Southwest Fresno when the Departments of the City of Fresno know well what its priorities should be and what its functions are for each of these Departments. When it comes to the rest of the areas of the City of Fresno, the Departments don’t need community engagement to decide what their job function and responsibilities are to the communities, so don’t act as if this is something new. This is just one of the many ways, that the City of Fresno can later state that they tried to help poor Southwest Fresno, but the community just couldn’t decide what was needed or important. And therefore, you will always hear the complaint from Southwest Fresno residents stating that the City of Fresno neglects and ignores their community. Do for Southwest Fresno the same as you would do and want to see done for your community that you live in. Imagine, tonight you go to bed in your home and tomorrow, your home is located in Southwest Fresno. What would be your priority? Thank you, Ivanka Saunders-Hunt Resident of Southwest Fresno, Community Organizer with Communities for a New California Education Fund, and Outreach Coordinator for Blue Ocean Development. (805)259-9891 Exhibit L Plan Comment Letters on October 2017 Redline Draft 1 Sophia Pagoulatos From:Jeff Roberts <JRoberts@assemigroup.com> Sent:Thursday, October 12, 2017 1:46 PM To:Sophia Pagoulatos Subject:SWFSP Comments Follow Up Flag:Follow up Flag Status:Flagged Sophia, Over the past few days, I have been reviewing the “Redline Version” released on 10‐09‐17 and find myself in a rather uncomfortable position of having to oppose several items within the Draft SW Fresno Specific Plan. These items are listed below and none of them will be a “surprise” to you: 1. We believe that the currently proposed land use designations / zoning for the northern “end” of the “Mission Ranch” property will not be viable for many years to come. As I stated in several of the SWSP Committee meetings, I believe that we would all be better served to leave the existing land use designations / zoning in place. Today, the land in question is designated “Medium Low density Residential” and is Zoned “RS‐4” and the proposed plan illustrates a “Community Commercial” and “Urban Neighborhood” ( see Figure 3‐2 on Page 3‐6 ) 2. The “Dual Use Land Use Designation Map” on page 3‐7 ( Figure 3‐3 ) illustrates a “Corridor/Center Mixed‐Use” land use designation for approximately 30 acres of our property located at the southwest corner of N. Hughes Ave. and W. California Ave. I have also made several requests to change that Dual Use Designation to “Medium Low Density Residential”. My request is simple; please leave the existing land use designation as the “underlying” or “fall back” designation. We do not believe that the Mixed Use Designation or Zoning will be viable for many years to come. 3. The two Graphics on Pages 7‐4 and 7‐7 are incorrect. Both of these graphics depict a local street pattern within the 160 acres bounded by Whitesbridge, Hughes, Kearney, and Marks that appears to be “left over” from an old project that was never approved. Anyone involved with the development of Infrastructure Plans should not rely on these graphics until they are corrected. I may also have other comments but thought that I should give you a “heads up” on these issues. Thanks Jeffrey T. Roberts Granville Homes Passion, Commitment & Innovation Everlasting 1396 W. Herndon Suite 101, Fresno, CA 93711 2 559.436.0900 / fax 559.436.1659 / cell 559.288.0688 Visit us at www.gvhomes.com to follow us on facebook® and YouTube®! Exhibit M Fresno Municipal Code Findings Planning Commission Meeting October 18, 2017 FRESNO MUNICIPAL CODE FINDINGS Plan Amendment and Rezone Findings The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria Findings Per Fresno Municipal Code Section 15-5812 A. The change is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding A: As outlined in the “General Plan Consistency” section of the staff report, the proposed project is found to be consistent with all applicable goals, objectives and policies of the Fresno General Plan (including the Housing Element) and the Fresno Chandler Executive Airport Plans. B. The change is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare. Finding B: The proposed project is consistent with the purpose of the Development Code to promote growth of the city in an orderly and sustainable manner, and to promote and protect the public health safety, peace, comfort and general welfare. The goals, policies and implementation strategies of the Plan are designed to promote and protect the public health, safety, peace, comfort and general welfare of the people living and working in and around the Plan area. The Plan mostly relies on the adopted Development Code to implement its goals and policies. The proposed text amendment will add zoning regulations for two new overlay districts: The Kearney Boulevard Historic Corridor Overlay and the California Avenue Transit Corridor Overlay. These overlays work in tandem with base zoning districts to achieve their stated purpose and are consistent with the Development Code. C. The change is necessary to achieve the balance of land uses desired by the City and to provide sites for needed housing or employment-generating uses, consistent with the General Plan, any applicable operative plan, or adopted policy; and to increase the inventory of land within a given zoning district to meet market demand. Finding C: The change in land use will achieve a balance of land uses desired by the City; it will provide housing and employment generating uses consistent with the General Plan; it will also provide public facilities land for a community college in Southwest Fresno, and parkland for parks. Planning Commission Meeting October 18, 2017 Text Amendment Findings The Planning Commission shall not recommend and the City Council shall not approve an application unless the proposed amendment meets the following criteria Findings Per Fresno Municipal Code Section 15-5812 A. The Code text amendment is consistent with the General Plan goals and policies, any operative plan, or adopted policy; Finding A: As outlined in the “General Plan Consistency” section of the staff report, the proposed project is found to be consistent with all applicable goals, objectives and policies of the Fresno General Plan and the Fresno Chandler Executive Airport Plans. The text amendment establishes a historic preservation overlay on Kearvey Boulevard to protect key features of the corridor, consistent with General Plan policies in the Urban Form Element to protect existing neighborhoods and preserve unique neighborhood characteristics. B. The amendment is consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner and to promote and protect the public health, safety, peace, comfort, and general welfare. Finding B: The proposed project is consistent with the purpose of the Development Code to promote growth of the city in an orderly and sustainable manner, and to promote and protect the public health safety, peace, comfort and general welfare. The goals, policies and implementation strategies of the Plan are designed to promote and protect the public health, safety, peace, comfort and general welfare of the people living and working in and around the Plan area. The Plan mostly relies on the adopted Development Code to implement its goals and policies. The proposed text amendment will add zoning regulations for two new overlay districts: The Kearney Boulevard Historic Corridor Overlay and the California Avenue Transit Corridor Overlay. These overlays work in tandem with base zoning districts to achieve their stated purpose and are consistent with the Development Code. Exhibit P Final EIR Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno SCH #: 2017031012 October 2017 | Final EIR In Association With: Fehr & Peers Transportation Consultants H.T. Harvey & Associates Blair, Church & Flynn Consulting Engineers Sierra Valley Cultural Planning PlaceWorks 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 510.848.3815 Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno SCH #: 2017031012 October 2017 | Final EIR Prepared By: ORANGE COUNTY • NORTHERN CALIFORNIA • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE • SAN DIEGO www.placeworks.com PLACEWORKS i Table of Contents 1. INTRODUCTION .................................................................................................................................. 1-1 1.1 Purpose of the Final EIR ...................................................................................................... 1-1 1.2 Environmental Review Process ......................................................................................... 1-1 1.3 Report Organization ........................................................................................................... 1-2 EXECUTIVE SUMMARY ....................................................................................................................... 2-1 2. 2.1 Environmental Procedures ................................................................................................ 2-1 2.2 Summary of the Proposed Plan ........................................................................................ 2-4 2.3 Summary of the Alternatives to the Proposed Plan ..................................................... 2-5 2.4 Issues to be Resolved ......................................................................................................... 2-5 2.5 Areas of Concern................................................................................................................ 2-5 2.6 Significant Impacts and Mitigation Measures ............................................................... 2-6 REVISIONS TO THE DRAFT PEIR ......................................................................................................... 3-1 3. 3.1 Revisions to Chapter 2, Executive Summary .................................................................. 3-1 3.2 Revisions to Chapter 3, Project Description ................................................................... 3-2 3.3 Revisions to Chapter 4.3, Air Quality ............................................................................... 3-2 3.4 Revisions to Chapter 4.4, Biological Resources ............................................................. 3-4 3.5 Revisions to Chapter 4.7, Greenhouse Gas (GHG) Emissions ...................................3-11 3.6 Revisions to Chapter 4.9, Hydrology and Water Quality ...........................................3-14 3.7 Revisions to Chapter 4.10, Land Use and Planning ....................................................3-19 3.8 Revisions to Chapter 4.12, Population and Housing ..................................................3-19 3.9 Revisions to Chapter 4.13, Public Services ...................................................................3-20 3.10 Revisions to Chapter 4.14, Transportation and Traffic................................................3-21 3.11 Revisions to Chapter 4.15, Utility Systems......................................................................3-44 4. LIST OF COMMENTERS ...................................................................................................................... 4-1 4.1 Government Agencies and Service Providers .............................................................. 4-1 4.2 Non-Governmental Organizations & Private Companies .......................................... 4-1 4.3 Members of the Public ....................................................................................................... 4-1 4.4 Comments Received After Close of the Public Comment Period ........................... 4-2 5. COMMENTS AND RESPONSES ......................................................................................................... 5-1 5.1 Master Responses ............................................................................................................... 5-1 5.2 Individual Responses .......................................................................................................... 5-4 6. MITIGATION MONITORING AND REPORTING PROGRAM .......................................................... 6-1 APPENDICES Appendix H: Draft PEIR Comment Letters SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO TABLE OF CONTENTS ii OCTOBER 2017 LIST OF FIGURES Figure 4.9-1 FMFCD Urban Flood Control System Area ...........................................................3-15 Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area ......................3-17 Figure 4.14-6 Peak Hour Traffic Volumes and Lane Configurations Existing Conditions ....................................................................................................................3-22 Figure 4.14-15 Peak Hour Traffic Volumes and Lane Configurations Existing Plus Project ..........................................................................................................................3-23 Figure 4.14-20 Peak Hour Traffic Volumes and Lane Configurations Cumulative Conditions ....................................................................................................................3-24 Figure 4.14-14 Existing Plus Proposed Plan Daily Roadway Volumes (2017) .............................3-28 Figure 4.14-179 Cumulative Daily Roadway Volumes (2035) ........................................................3-36 Figure 4.14-18 21 Cumulative AM Peak Hour Roadway Segment LOS (2035) ..............................3-36 Figure 4.14-1922 Cumulative PM Peak Hour Roadway Segment LOS (2035) ...............................3-36 LIST OF TABLES Table 2-1 Summary of Impacts and Mitigation Measures ..................................................... 2-7 Table 4.14-4 Peak Hour Freeway Off-Ramp Queuing – Existing Conditions (2017) ..............3-25 Table 4.14-8 VMT Comparison – Existing Conditions and Existing Plus Proposed Plan (2017) ...................................................................................................................3-27 Table 4.14-9 Peak Hour Roadway Segment Operations – Existing Plus Proposed Plan Conditions (2017) ..............................................................................................3-29 Table 4.14-10 Peak Hour Intersection Operations – Existing Plus Proposed Plan Conditions (2017) .......................................................................................................3-31 Table 4.14-11 Peak Hour Freeway Off-Ramp Queuing – Existing Plus Proposed Plan Conditions (2017) ..............................................................................................3-32 Table 4.14-12 VMT Comparison – Existing Conditions (2017) and Cumulative Conditions (2035) .......................................................................................................3-36 Table 4.14-13 Peak Hour Roadway Segment Operations – Cumulative Conditions (2035) ............................................................................................................................3-36 Table 4.14-14 Peak Hour Intersection Operations – Cumulative Conditions (2035) ...............3-41 Table 4.14-15 Peak Hour Freeway Off-Ramp Queuing – Cumulative Conditions (2035) ............................................................................................................................3-42 Table 4.14-16 Peak Hour Intersection Operations – Cumulative Conditions with Mitigations (2035) .......................................................................................................3-43 Table 4.14-17 Peak Hour Intersection Operations – Cumulative Conditions with Mitigations (2035) .......................................................................................................3-43 Table 4.14-18 Peak Hour Freeway Off-Ramp Queuing – Cumulative Conditions with Mitigations (2017) ...............................................................................................3-44 Table 4.15-7 Drainage System Required Capacity by Drainage Area ..................................3-47 Table 5-1 Comments and Response Matrix .............................................................................. 5-5 Table 6-1 Mitigation Monitoring and Reporting Program ...................................................... 6-2 PLACEWORKS 1-1 1. Introduction 1.1 PURPOSE OF THE FINAL EIR This document provides responses to comments received on, as well as revisions to, the Draft Program Environmental Impact Report (PEIR) for the proposed Southwest Fresno Specific Plan (proposed Plan). The Draft PEIR identified significant impacts associated with the proposed Plan, and examined alternatives and recommended mitigation measures that could avoid or reduce potential impacts. This document, together with the Draft PEIR, will constitute the Final PEIR if the City of Fresno City Council certifies it as complete and adequate under the California Environmental Quality Act (CEQA). 1.2 ENVIRONMENTAL REVIEW PROCESS According to CEQA, lead agencies are required to consult with public agencies having jurisdiction over a proposed project, and to provide the general public with an opportunity to comment on the Draft PEIR. This Final PEIR has been prepared to respond to comments received on the Draft PEIR. The Draft PEIR was made available for public review from August 9, 2017 through September 25, 2017. The Draft PEIR was distributed to local, regional, and State agencies, and the general public. Copies of the Draft PEIR were made available for review to interested parties at:  Mary Ella Brown Community Center, 1350 E. Annadale Avenue, Fresno, CA 93706  Hinton Community Center, 2385 Fairview Avenue, Fresno, CA 93706  West Fresno Family Resource Center, 1801 E. California Avenue, Fresno, CA 93706  The City of Fresno website at www.fresno.gov/southwestplan The 45-day public comment period ended on September 25, 2017. Copies of all written comments received on the Draft EIR are contained in this document. These comments and responses to these comments are laid out in Chapter 5, Comments and Responses, of this Final PEIR. This Final PEIR will be considered at a Planning Commission public hearing on the proposed Plan, after which the Commission will make a recommendation to the City Council on certification of the PEIR and approval of the proposed Plan. The City Council will consider the Planning Commission’s recommendations on the Final PEIR and the proposed Plan during a noticed public hearing, and will take the final action with regard to certification of the Final PEIR. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO INTRODUCTION 1-2 OCTOBER 2017 1.3 REPORT ORGANIZATION This document is organized into the following chapters:  Chapter 1: Introduction. This chapter discusses the use and organization of the Final PEIR.  Chapter 2: Executive Summary. This chapter summarizes the environmental consequences that would result from implementation of the proposed Plan, the alternatives to the proposed Plan, and the recommended mitigation measures, and indicates the level of significance of environmental impacts with and without mitigation.  Chapter 3: Revisions to the Draft PEIR. Revisions to the Draft PEIR are contained in this chapter.  Chapter 4: List of Commenters. Names of agencies and individuals who commented on the Draft PEIR are included in this chapter.  Chapter 5: Comments and Responses. This chapter lists the comments received from agencies and the public on the Draft PEIR, and provides responses to those comments.  Chapter 6: Mitigation Monitoring and Reporting Program. This chapter contains the Mitigation Monitoring and Reporting Program (MMRP) for the proposed Plan. PLACEWORKS 2-1 Executive Summary 2. This chapter presents a summary of the findings of the Draft and Final Program Environmental Impact Reports (PEIRs). This chapter has been reprinted from the Draft PEIR with necessary changes made in this Final PEIR in double-underline and strikethrough. This chapter presents an overview of the proposed Southwest Fresno Specific Plan, herein referred to as “proposed Plan.” This executive summary provides a summary of the proposed Plan, a summary of the alternatives to the proposed Plan, identifies issues to be resolved, areas of concern, and conclusions of the analysis contained in Chapters 4.0 through 4.15 of this the Draft Environmental Impact Report (Draft EIR). For a complete description of the proposed Plan, see Chapter 3, and for a discussion of alternatives to the proposed Plan, see Chapter 5 of this the Draft EIR. This The Draft EIR addresses the environmental effects associated with the implementation of the proposed Plan. The California Environmental Quality Act (CEQA) requires that local government agencies, prior to taking action on projects over which they have discretionary approval authority, consider the environmental consequences of such projects. An EIR is a public document designed to provide the public, and local and State governmental agency decision-makers with an analysis of potential environmental consequences to support informed decision-making. This The Draft EIR has been prepared pursuant to the requirements of CEQA (California Public Resources Code, Division 13, Section 21000, et seq.) and the State CEQA Guidelines (Title 14 of the California Code of Regulations, Division 6, Chapter 3, Section 15000, et seq.) to determine if approval of the identified discretionary actions and related subsequent development under the proposed Plan could have a significant impact on the environment. The City of Fresno, as the Lead Agency, has reviewed and revised as necessary all submitted drafts, technical studies, and reports to reflect its own independent judgment, including reliance on applicable City technical personnel and review of all technical subconsultant reports. Information for this the Draft EIR was obtained from on-site field observations; discussions with affected agencies; analysis of adopted plans and policies; review of available studies, reports, data, and similar literature in the public domain; and specialized environmental assessments (e.g., air quality, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic). 2.1 ENVIRONMENTAL PROCEDURES This The Draft EIR has been prepared to assess the potential environmental effects associated with implementation of the proposed Plan. The main purposes of this document as established by CEQA are:  To disclose to decision-makers and the public the significant environmental effects of proposed activities.  To identify ways to avoid or reduce environmental damage. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-2 AUGUST OCTOBER 2017  To prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures.  To disclose to the public reasons for agency approval of projects with significant environmental effects.  To foster interagency coordination in the review of projects.  To enhance public participation in the planning process. An EIR is the most comprehensive form of environmental documentation identified in the statutes and in the CEQA Guidelines. It provides the information needed to assess the environmental consequences of a proposed project, to the extent feasible. EIRs are intended to provide an objective, factually supported, full-disclosure analysis of the environmental consequences associated with a proposed project that has the potential to result in significant, adverse environmental impacts. An EIR is also one of various decision- making tools used by a lead agency to consider the merits and disadvantages of a project that is subject to its discretionary authority. Prior to approving a proposed project, the lead agency must consider the information contained in the EIR, determine whether the EIR was properly prepared in accordance with CEQA and the CEQA Guidelines, determine that it reflects the independent judgment of the lead agency, adopt findings concerning the project’s significant environmental impacts and alternatives, and must adopt a Statement of Overriding Considerations if the proposed project would result in significant impacts that cannot be avoided. 2.1.1 REPORT ORGANIZATION This The Draft EIR is organized into the following chapters:  Chapter 1: Introduction. Provides an overview describing the Draft EIR document.  Chapter 2: Executive Summary. Summarizes the environmental consequences that would result from implementation of the proposed Plan, the alternatives to the proposed Plan, the recommended mitigation measures, and it indicates the level of significance of environmental impacts with and without mitigation.  Chapter 3: Project Description. Describes the proposed Plan in detail, including the site location and characteristics, objectives, and the structural and technical elements of the proposed action.  Chapter 4: Environmental Analysis. Organized into 15 sub-chapters corresponding to the environmental resource categories identified in Appendix G, Environmental Checklist, of the CEQA Guidelines, this section provides a description of the physical environmental conditions in the vicinity of the proposed Plan as they existed at the time the Notice of Preparation was published, from both a local and regional perspective, as well as an analysis of the potential environmental impacts of the proposed Plan, and recommended mitigation measures, if required, to reduce their significance. The environmental setting included in each sub-chapter provides baseline physical conditions from which the Lead Agency determines the significance of environmental impacts resulting from the proposed Plan. Each sub-chapter also includes a description of the thresholds used to determine if a significant impact would occur; the methodology to identify and evaluate the potential impacts of the proposed Plan; and the potential cumulative impacts associated with the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY PLACEWORKS 2-3  Chapter 5: Alternatives to the Proposed Plan. Considers two alternatives to the proposed Plan, including the CEQA-required “No Project” Alternative and the “Mixed-Use Corridor ” Alternative.  Chapter 6: CEQA-Mandated Assessment. Discusses growth inducement, cumulative impacts, unavoidable significant effects, and significant irreversible changes as a result of the proposed Plan. Additionally, this chapter identifies environmental issues that were determined not to require further environmental review during the scoping process pursuant to CEQA Guidelines Section 15128.  Chapter 7: Organizations and Persons Consulted. Lists the people and organizations that were contacted during the preparation of this EIR for the proposed Plan.  Chapter 8: References. List of the material referenced in this the EIR.  Appendices: The appendices for this the document (presented in PDF format on a CD attached to the back cover of the Draft EIR) contain the following supporting documents:  Appendix A: Notice of Preparation and Scoping Comments  Appendix B: Proposed Public Review Draft of Southwest Fresno Specific Plan  Appendix C: Air Quality and Greenhouse Gas Data  Appendix D: Cultural Resources Data  Appendix E: Hazards and Hazardous Materials Data  Appendix F: Noise Data  Appendix G: Public Services Transportation and Traffic Data  Appendix H: Transportation and Traffic Data 2.1.2 PURPOSE OF THIS THE DRAFT EIR According to Section 15121(a) of the CEQA Guidelines, the purpose of an EIR is to: Inform public agency decision makers and the public generally of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. The Project that is the subject of this the EIR is the proposed Plan, a long-term plan that will be implemented over time as a policy document guiding future development activities. Therefore, this the EIR serves as a program-level EIR. This The EIR discloses and evaluates the environmental impacts associated with the policies, development standards, and anticipated buildout of the proposed Plan at a program level. This The programmatic EIR is generally qualitative in nature due to a 25-year buildout horizon. This The EIR does not evaluate the impacts of future individual projects that may be proposed under the proposed Plan. However, if the program EIR addresses the program’s effects as specifically and comprehensively as is reasonably possible, and later activities are within scope of the effects examined in the program EIR, then additional environmental review may not be required for those future projects. (See CEQA Guidelines Section 15168[c] and CEQA streamlining provisions.) When a program EIR is relied on for a subsequent activity, the lead agency must incorporate feasible mitigation measures and alternatives developed in the program EIR, and the Fresno General Plan Master EIR (MEIR) when applicable, into the subsequent activities (CEQA Guidelines Section 15168[c][3]). If a subsequent activity SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-4 AUGUST OCTOBER 2017 would have effects that are not within the scope of the program EIR, the lead agency must prepare a new Initial Study leading to a Negative Declaration, a Mitigated Negative Declaration, or an EIR unless the activity qualifies for an exemption. For these subsequent environmental review documents, this the program EIR will serve as the first-tier environmental analysis. The program EIR can also serve to streamline future environmental review of subsequent projects. See Chapter 1, Introduction, Section 1.3, Type of EIR, of this the Draft EIR for a detailed discussion on the environmental review applied in this the EIR. 2.2 SUMMARY OF THE PROPOSED PLAN The City of Fresno proposes the Southwest Fresno Specific Plan for the 3,255-acre area located southwest of the Downtown Planning Area. The proposed Plan envisions the interplay of “Complete Neighborhoods,” “Corridors,” and “Magnet Cores” to create a vibrant and desirable community for both existing and new residents. The proposed Plan sets aside the majority of vacant land for single-family residential uses and locates higher density residential uses at neighborhood nodes, near magnet uses, and along corridors. This will allow walkable access for greater numbers of residents to shopping, schools, parks, and transit. Additionally, the proposed Plan envisions that the most optimal locations for large-scale, regional-serving retail are those that have good proximity, visibility, and access from the greatest number of people, while having enough distance away from other similar types of retail to avoid competition. In the proposed Plan, regional retail is shown in two locations: with access from Highway 180 at Marks and Whites Bridge avenues and from Highway 41 near Jensen Avenue and MLK Jr. Boulevard. These locations would allow new retail businesses to draw customers from areas beyond Southwest Fresno. On the other hand, smaller scale community commercial, including neighborhood retail shops, would be closer to the residential areas at many of the neighborhood nodes, adjacent to magnet uses, and near mixed use. Furthermore, larger scale employment uses such as offices, a college, and medical facilities are concentrated along higher-intensity corridors and within magnet cores, while opportunities for smaller scale offices are allowed along a less intensive corridor. While more jobs in Southwest Fresno are desirable, the types of businesses that provide them must be healthy, safe, and good neighbors to nearby residents. To avoid potential conflicts between residents and employment uses, new employment areas and all previously “Light Industrial,” “Heavy Industrial,” “Business Park,” or “Regional Business Park” areas would be planned and zoned “Office”. Table 3-1 in Chapter 3, Project Description, of the Draft EIR, contains the development capacity of the land uses proposed in the Plan Area over the proposed Plan’s 25-year timeframe compared to the Fresno General Plan, as well as a discussioned of findings from the development capacity analysis. It should be noted that, like the Fresno General Plan, the development capacities are for new development and only take into account the development of parcels that have higher opportunities for development, such as parcels that are vacant, open agriculture, or rural residential (partially vacant). The development capacities for the Fresno General Plan are also shown in the table for comparison against the proposed Plan’s development capacities. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY PLACEWORKS 2-5 2.3 SUMMARY OF THE ALTERNATIVES TO THE PROPOSED PLAN This The Draft EIR analyzes alternatives to the proposed Plan that are designed to reduce the significant environmental impacts of the proposed Plan and feasibly attain some of the proposed Plan objectives. There is no set methodology for comparing the alternatives or determining the environmentally superior alternative under CEQA. Identification of the environmentally superior alternative involves weighing and balancing all of the environmental resource areas by the City. The following alternatives to the proposed Plan were considered and analyzed in detail:  No Project Alternative  Mixed-Use Corridor Alternative Chapter 5 of this the Draft EIR includes a complete discussion of these alternatives and of alternatives that were considered but not carried forward for detailed analysis. 2.4 ISSUES TO BE RESOLVED Section 15123(b)(3) of the CEQA Guidelines requires that an EIR identify issues to be resolved, including the choice among alternatives and whether or how to mitigate significant impacts. With regard to the proposed Plan, the major issues to be resolved include decisions by the City of Fresno, as Lead Agency, related to:  Whether this the Draft EIR adequately describes the environmental impacts of the proposed Plan.  Whether the benefits of the proposed Plan override those environmental impacts that cannot be feasibly avoided or mitigated to a level of insignificance.  Whether the proposed land use changes are compatible with the character of the existing area.  Whether the identified goals, policies, or mitigation measures should be adopted or modified.  Whether there are other mitigation measures that should be applied to the proposed Plan besides those Mitigation Measures identified in the Draft EIR.  Whether there are any alternatives to the proposed Plan that would substantially lessen any of the significant impacts of the proposed Plan and achieve most of the basic objectives. 2.5 AREAS OF CONCERN The City issued a Notice of Preparation (NOP) on February 28, 2017, and held a Scoping Meeting on March 1, 2017, to receive comments on the proposed Plan from interested agencies and members of the public. In addition to the comments received at the Scoping Meeting, the City received 10 comment letters from two State agencies, three local agencies, one Native American Tribe, one non-profit organization, and three members of the public during the public review period. A summary of the comments received at the Scoping Meeting and copies of the letters received are provided in Appendix A, Notice of Preparation and Scoping Comments, of this the Draft EIR. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-6 AUGUST OCTOBER 2017 The following is a discussion of issues that are likely to be of particular concern to agencies and interested members of the public during the environmental review process. While every concern applicable to the CEQA process is addressed in this the Draft EIR, this list is not necessarily exhaustive, but rather attempts to capture those concerns that are likely to generate the greatest interest based on the input received during the NOP scoping process.  Groundwater/soil contamination  Traffic impacts in and around the Plan Area, including parking, transit access, and safe pedestrian and bicycle safety and connections  Affordable housing  Cultural resources  Eminent dDomain 2.6 SIGNIFICANT IMPACTS AND MITIGATION MEASURES Under CEQA, a significant impact on the environment is defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the proposed Plan, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic and aesthetic significance. The proposed Plan has the potential to generate significant environmental impacts in a number of areas; however, as described in Chapter 6, CEQA-Mandated Assessment, of this the Draft EIR, the proposed Plan would have no significant impact on the following environmental topics due to existing conditions in the Plan Area and the surrounding area. These issues have therefore not been analyzed further in this the Draft EIR.  Forestry Resources  Mineral Resources Table 2-1 presents a summary of the significant impacts and mitigation measures identified based on the conclusions of the environmental analysis in Chapters 4.1 through 4.15 of this the Draft EIR. The table is arranged in four columns: 1) impact; 2) significance without mitigation; 3) mitigation measures; and 4) significance with mitigation. For a complete description of potential impacts, please refer to the specific discussions Chapters 4.0 through 4.15. As shown in Table 2-1, some significant impacts would be reduced to a less-than-significant level if the mitigation measures identified in this the Draft EIR are adopted and implemented. However, pursuant to Section 15126.2(b) of the CEQA Guidelines, which requires that an EIR describe any significant impacts that cannot be avoided, even with the implementation of feasible mitigation measures, as shown in Table 2-1, significant unavoidable impacts were identified in the areas of Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Noise, and Transportation and Traffic. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-7 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation AESTHETICS AES-1: Implementation of the proposed Plan would not have a substantial adverse effect on a scenic vista. LTS N/A N/A AES-2: Implementation of the proposed Plan would not substantially degrade the view from a scenic highway, including, but not limited to, trees, rock outcroppings, and historic buildings. LTS N/A N/A AES-3: Implementation of the proposed Plan would not degrade the existing visual character or quality of the site and its surroundings. LTS N/A N/A AES-4: Implementation of the proposed Plan would create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. S MEIR AES-1: Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. MEIR AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low-intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. MEIR AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low-intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. MEIR AES-4: Lighting systems for freestanding signs shall not exceed 100 foot- Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. MEIR AES-5: Materials used on building façades shall be non-reflective. SU AES-5: Implementation of the proposed Plan would result in an increase in glare. S AES-5: Implement Mitigation Measures AES-1 through AES-5 of the MEIR. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-8 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation AGRICULTURE AG-1: Implementation of the proposed Plan would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. SU No mitigation measures available. SU AG-2: Implementation of the proposed Plan would not conflict with existing zoning for agricultural use, or a Williamson Act contract. LTS N/A N/A AG-3: Implementation of the proposed Plan would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use. LTS N/A N/A AG-4: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in significant and unavoidable cumulative impacts with respect to agriculture resources. SU No mitigation measures available. SU AIR QUALITY AQ-1: Implementation of the proposed Plan would result in the generation of substantial long-term criteria air pollutant emissions that would exceed the SJVAPCD regional significance thresholds and would therefore not be considered consistent with the existing AQMPs. S No mitigation measures available.AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star- certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. SU AQ-2: Construction activities associated with implementation of the proposed Plan would S AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-9 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD) regional significance thresholds for VOC and NOX. occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that:  All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints).  All architectural coatings shall be applied either by (1) using a high-volume, low- pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency.  The construction contractor shall also use precoated/natural colored building materials, where feasible. AQ-3: Operation of development projects accommodated under the proposed Plan would generate emissions that would exceed the SJVAPCD regional significance thresholds for VOC, NOX, CO, PM10, and PM2.5. S No mitigation measures available. AQ-3: Implement Mitigation Measure AQ-1. SU AQ-4: Development of land uses accommodated under the proposed Plan could result in short- and S AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-10 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation long-term emissions that could cause or contribute to a violation of the AAQS. AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII,the property owner/developer shall submit a dust control plan that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions:  Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).  On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant.  Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled utilizing application of water or by presoaking.  Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.  Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.)  Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.  Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.  Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-11 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Limit traffic speeds on unpaved roads to 15 mph.  Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.  Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area.  Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable. AQ-5: Implementation of the proposed Plan would not expose sensitive receptors to substantial toxic air contaminant concentrations. LTS N/A N/A AQ-6: New land uses accommodated under the proposed Plan would not create objectionable odors that could affect a substantial number of people. LTS N/A N/A AQ-7: Construction activities associated with implementation of the proposed Plan would exceed the SJVAPCD regional significance thresholds for VOC and NOX. S AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b of the Draft EIR. SU BIOLOGICAL RESOURCES BIO-1.1: Potential development resulting from the proposed Plan could result in the loss of rare plant species. S MEIR BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation. If a special- status species areis determined to occupy any portion of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance-free buffer zone of a minimum of 50 feet from the outer-edge of the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-12 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. MEIR BIO-1.1b: Direct or incidental take of any State- or federally-listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. MEIR BIO-1.1c: Development within the Plan Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-13 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation BIO-1.2: Implementation of the proposed Plan could result in mortality of Swainson’s hawks. S BIO-1.2: A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground- disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre-construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground- disturbing activities. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-14 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Fish and Wildlife (CDFW) based on the following ratios, if feasible:  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. BIO-1.3: Implementation of the proposed Plan could result in mortality of San Joaquin kit fox. S BIO-1.3: No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent shallould retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction shallould be in substantial compliance with adhere to the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW shallould be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/ preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-15 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation authorization/permit. BIO-1.4: Implementation of the proposed Plan could result in impacts to roosting habitat or maternity colonies of special-status bats. S BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal shalloud be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities shallould be examined for roosting bats using a portable camera probe or similar technology. No more than two weeks before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation, a qualified bat biologist should conduct pre-construction surveys of all Bbuildings with potential for roosting habitat for supporting special-status bats or a maternity colony shallould be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector shallould be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost shallould be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground- disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements shallould be created prior to the roost removal., and the roosting bats shall be passively evicted under the direction of a qualified biologist (as determined by a Memorandum of Understanding with the CDFG). The qualified bat biologist, in consultation with CDFW, shallould facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March to 31 August) periods through the following means: LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-16 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Implementing eviction during a period of warm (nighttime low>50°F), dry 1. weather, when bats are expected to be active. Opening the roosting area to allow airflow through the cavity or building (air 2. flow disturbance). Waiting a minimum of three nights of warm weather, as defined above, for 3. roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. Conducting a follow-up survey prior to roost removal to ensure that bats have 4. vacated the roost. Disturbing roosts at dusk just prior to roost removal the same evening to allow 5. bats to escape during nighttime hours. BIO-1.5: Potential development resulting from the proposed Plan could result in disruption of denning badgers and mortality of badgers. S BIO-1.5. Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist shallould conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance shallould be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following shallould be implemented:  If present, occupied badger dens shallould be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews shallould encircle the occupied den at the appropriate buffer distance, and shallould not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) shallould be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shallould not be LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-17 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shallould occur only under the direction of a qualified biologist. BIO-1.6: Implementation of the proposed Plan could result in mortality of, and loss of habitat for, burrowing owls. S BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground-disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. No more than 15 days before the start of ground-disturbing activities for the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-18 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation project, a qualified biologist(s) knowledgeable of the species will conduct a focused, preconstruction survey for burrowing owls and their sign on the project site and within 250 feet where access allows. In conformance with federal and State regulations regarding the protection of raptors, the survey will be conducted per the Staff Report on Burrowing Owl Mitigation.67 All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Staff Report on Burrowing Owl Mitigation will be implemented. BIO-1.7: Implementation of the proposed Plan could result in impacts to Western pond turtle nests and mortality of pond turtles. S BIO-1.7. Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) shallould conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if look for western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they shallould be moved to the nearest suitable habitat immediately upstream or downstream from the project site. a suitable location outside the area of impact. The candidate sites for relocation shallould be identified before construction and shallould be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests shallould remain undisturbed until the eggs have hatched. , if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated to a suitable location outside the impact area. Egg relocation areas shall be identified based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection. LTS BIO-1.8: Implementation of the proposed Plan could result in take of birds or nests. S MEIR BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-19 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. BIO-2: Implementation of the proposed Plan would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. S MEIR BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200- foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Plan Area, a compensatory habitat-based mitigation shallould be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-20 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation The specific mitigation ratio for habitat based mitigation shallould be determined on an acre-for-acre basis will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. MEIR BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. MEIR BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special- status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. BIO-3: Implementation of the proposed Plan could result in loss of federally protected wetlands or waters. S MEIR BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-21 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation determine the extent of wetlands on a project site. The delineation shallould be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation shallould be implemented in a ratio according to the size of the impacted wetland. MEIR BIO-3b: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. BIO-4: Implementation of the proposed Plan would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. LTS N/A N/A BIO-5: Implementation of the proposed Plan would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. LTS N/A N/A BIO-6: Implementation of the proposed Plan would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. LTS N/A N/A BIO-7: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-22 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation biological resources CULTURAL AND TRIBAL CULTURAL RESOURCES CUL-1: Implementation of the proposed Plan could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. S MEIR CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. LTS CUL-2: Implementation of the proposed Plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. S MEIR CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-23 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-3: Implementation of the proposed Plan would have the potential to directly or indirectly affect a unique paleontological resource or site, or unique geologic feature. S MEIR CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-24 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation survey or a literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-4: Implementation of the proposed Plan would have the potential to disturb human remains, including those interred outside of formal cemeteries. S MEIR CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-25 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment. Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately. CUL-5: Implementation of the proposed Plan would have the potential to impact TCRs the disturbance of which could result in a significant impact under CEQA. S CUL-5: Implement Fresno General Plan MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4. LTS CUL-6: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to cultural resources. LTS N/A N/A GEOLOGY AND SOILS GEO-1: Development under the proposed Plan would not subject people or structures to hazards from surface rupture of a known active fault. NI N/A N/A GEO-2: Ground shaking can be expected to occur within the design lifetimes of buildings that would be constructed under the proposed Plan. Such developments would comply with building codes then in effect. Buildout of the proposed Plan would LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-26 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation not subject people or structures to substantial hazards from ground shaking. GEO-3: Buildout of the proposed Plan would subject people and structures to hazards from seismic-related ground failure including liquefaction. LTS N/A N/A GEO-4: The Plan Area and surroundings are nearly level, with a southwest slope of about 0.1 percent grade. Buildout of the proposed Plan would not subject people or structures to landslide hazards. NI N/A N/A GEO-5: Potential construction projects under the proposed Plan would disturb and expose large amounts of soil, thus dramatically increasing the potential for soil erosion on-site. Construction projects 1 acre or larger would be required to use Best Management Practices (BMPs) to minimize erosion from the site. LTS N/A N/A GEO-6: Buildout of the proposed Plan would not subject people or structures to substantial hazards from ground subsidence. LTS N/A N/A GEO-7: Shallow site soils are expected to be compressible and unsuitable for supporting structures for human occupancy. Implementation of the proposed Plan could pose hazards to people and structures arising from compressible soils. LTS N/A N/A GEO-8: Expansive soils may be present on-site, and buildout of the proposed Plan could pose hazards to people or structures arising from expansive soils. LTS N/A N/A GEO-9: Buildout of the proposed Plan would not add land uses to the Plan Area relying on septic tanks or other alternative wastewater disposal systems, and thus would have no impact respecting soils incapable of supporting such LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-27 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation systems. GEO-10: No significant cumulative impacts to geology and soils are anticipated, and impacts of buildout of the proposed Plan would not be cumulatively considerable. LTS N/A N/A GREENHOUSE GAS (GHG) EMISSIONS GHG-1: Implementation of the proposed Plan would result in a substantial increase in GHG emissions. S GHG-1: Implement Mitigation Measure AQ-2b as follows. Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. SU GHG-2: Implementation of the proposed Plan would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (GHGs). LTS N/A N/A GHG-3: GHG emissions associated with implementation of the proposed Plan would substantially cumulatively contribute to climate change impacts. S GHG-3: Implement Mitigation Measure AQ-2b. SU HAZARDOUS AND HAZARDOUS MATERIALS HAZ-1: Implementation of the proposed Plan would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. LTS N/A N/A HAZ-2: Implementation of the proposed Plan would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-28 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation involving the release of hazardous materials into the environment. HAZ-3: Implementation of the proposed Plan would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school. PS/LTS HAZ-3: Implementation of Mitigation Measures HAZ-4a through HAZ-4h, described later in the section under Impact HAZ-4, would reduce potential impacts to schools. In addition, as stated in the discussions of Impacts HAZ-1 and HAZ-2, compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. LTS HAZ-4: Implementation of the proposed Plan would occur on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a potentially significant hazard to the public or the environment. PS HAZ-4a: Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted. HAZ-4b: In the event that the findings and conclusions of the Phase I ESA for a property result in evidence of RECs, HRECs and/or PECs warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as USTs, drywells, drains, plumbing, and septic LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-29 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation systems. The findings and conclusions of the Phase II ESA shall become the basis for potential recommendations for follow-up investigation, site characterization, and/or remedial activities, if found to be warranted. HAZ-4c: In the event the findings and conclusions of the Phase II ESA reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment. HAZ-4d: If the findings and conclusions of the Phase II ESA(s), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the Cal-EPA Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility. HAZ-4e: Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-30 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and groundwater in connection with remediation and site development activities and the proposed land use. HAZ-4f: For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project design shall include vapor controls or source removal, as appropriate, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment as associated vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ4-4e). HAZ-4g: In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACM) and/or LBP. Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is the responsible agency on the local level to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos-containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos containing materials. HAZ-4h: Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-31 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation hazardous materials to determine if concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements, prior to importing to such a property. HAZ-5: The proposed Plan would be located within 2 miles of a public airport or public use airport, but would not result in a safety hazard for people residing or working in the Plan Area. LTS N/A N/A HAZ-6: For a project within the vicinity of a private airstrip, the proposed Plan would not result in a safety hazard for people residing or working in the Plan Area. NI N/A N/A HAZ-7: The proposed Plan would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. LTS N/A N/A HAZ-8: Implementation of the proposed Plan would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. NI N/A N/A HAZ-9: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to hazards and hazardous materials. LTS N/A N/A HYDROLOGY AND WATER QUALITY HYD-1: Buildout of the proposed Plan would not violate any water quality standards or discharge requirements. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-32 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation HYD-2.1: Buildout of the proposed Plan would increase water demands in the City, thus increasing demands for groundwater. LTS N/A N/A HYD-2.2: Implementation of the proposed Plan would not substantially interfere with groundwater recharge. LTS N/A N/A HYD-3: Implementation of the proposed Plan would not substantially change the drainage pattern on and surrounding the Plan Area, and would not cause substantial erosion or siltation on- or off-site. LTS N/A N/A HYD-4: Implementation of the proposed Plan would not substantially change the drainage pattern on and surrounding the Plan Area and would not cause flooding on- or off-site. LTS N/A N/A HYD-5: Buildout of the proposed Plan would not generate runoff exceeding the capacity of existing or planned storm drainage systems, or generate a substantial increase in polluted runoff LTS N/A N/A HYD-6: Buildout of the proposed Plan would not substantially degrade water quality. LTS N/A N/A HYD-7: Buildout of the proposed Plan would not place housing in a 100-year flood hazard area. LTS N/A N/A HYD-8: Buildout of the proposed Plan would not place structures which would redirect flood flows within a 100-year flood zone. LTS N/A N/A HYD-9: The Plan Area is not in dam inundation areas or mapped as protected from 100-year floods by levees. Buildout of the proposed Plan would not expose people or structures to flood hazard due to dam inundation. LTS N/A N/A HYD-10: The Plan Area is not susceptible to flooding due to seiche, tsunami, or mudflow. Buildout of the proposed Plan would not subject LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-33 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation people or structures to such flood hazards. HYD-11: Buildout of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not cause significant cumulative impacts to hydrology and water quality. LTS N/A N/A LAND USE AND PLANNING LU-1: Implementation of the proposed Plan would not physically divide an established community. LTS N/A N/A LU-2: Implementation of the proposed Plan would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. LTS N/A N/A LU-3: Implementation of the proposed Plan would not conflict with any applicable habitat conservation plan or natural community conservation plan. LTS N/A N/A LU-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to land use and planning. LTS N/A N/A NOISE NOISE-1: Development in accordance with the proposed Plan would cause increases in traffic along local roadways of more than 3 dBA over existing conditions. Traffic Noise: SU/ Stationary-Source Noise: LTS Traffic Noise: No mitigation measures available. Stationary-Source Noise: N/A Traffic Noise: SU/ Stationary-Source Noise: LTS NOISE-2: Construction activities could result in vibration-induced architectural damage at nearby PS NOISE-2a: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-34 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation structures or hardscape features, or could result in vibration-induced annoyance at nearby sensitive receptors. activities—such as pile drivers, jack hammers, and vibratory rollers—within 50 feet of off-site structures, shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration damage impacts. The vibration assessment shall be prepared by a qualified acoustical engineer and be based on the Federal Transit Administration (FTA) vibration-induced architectural damage criterion. If the acoustical study determines a potential exceedance of the FTA thresholds, measures shall be identified that ensure vibration levels are reduced to below the thresholds. Measures to reduce vibration levels can include use of less-vibration-intensive equipment (e.g., drilled piles and static rollers) and/or construction techniques (e.g., non-explosive rock blasting and use of hand tools) and preparation of a pre-construction survey report to assess the condition of the affected sensitive structure. Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-2b: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 100 feet of sensitive receptors (e.g., residences and schools) shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration annoyance impacts. The study shall be prepared by a qualified acoustical engineer and shall identify measures to reduce impacts to habitable structures to below the Federal Transit Administration (FTA) vibration-induced annoyance criterion. If construction-related vibration is determined in the acoustical study to be perceptible at vibration-sensitive uses, additional requirements, such as use of less-vibration-intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles, static rollers, and non- explosive rock blasting). Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-3: Implementation of the proposed Plan would cause a substantial permanent increase in ambient noise levels in the vicinity of the Plan Area above levels existing without the proposed Plan. S N/A SU NOISE-4: Construction activities would result in temporary noise increases in the vicinity of the Plan Area. PS NOISE-4a: As required by the City of Fresno Municipal Code, construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and shall require a permit issued by the City. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-35 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation NOISE-4b: Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise- sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project- level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Community Development Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise- sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Community Development Director. Specific measures may include, but are not limited to, the following best management practices:  Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged.  Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures.  Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day.  Reduce non-essential idling of construction equipment to no more than five minutes.  Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise.  Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions.  If construction equipment is equipped with back-up alarm shut offs, switch off back-up alarms and replace with human spotters, as feasible. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-36 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise- sensitive land uses, as feasible.  To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps.  Shut off generators when generators are not needed.  Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time.  Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise.  Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. The final noise-reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise- reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings. NOISE-5: Implementation of the proposed Plan would not cause exposure of people residing or working in the vicinity of the study area to excessive aircraft noise levels, for a project located 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. LTS N/A N/A NOISE-6: Implementation of the proposed Plan would not cause exposure of people residing or working in the Plan Area to excessive noise levels, for a project within the vicinity of a private airstrip. LTS N/A N/A NOISE-7: Implementation of the proposed Plan, in combination with past, present, and reasonably Traffic Noise: SU Traffic Noise and Construction Noise: No mitigation measures available. Traffic Noise and Construction SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-37 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation foreseeable projects, would result in significant cumulative impacts with respect to noise. Stationary-Source Noise and Construction Vibration: LTS/ Construction Noise: PS Stationary-Source Noise and Construction Vibration: N/A Noise: SU/ Stationary-Source Noise and Construction Vibration: LTS POPULATION AND HOUSING POP-1: Implementation of the proposed Plan would not 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). LTS N/A N/A POP-2: Implementation of the proposed Plan would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. LTS N/A N/A POP-3: Implementation of the proposed Plan would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. LTS N/A N/A POP-4: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to population and housing. LTS N/A N/A PUBLIC SERVICES AND RECREATION PS-1: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-38 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation to maintain acceptable service ratios, response times or other performance objectives for fire protection, the construction of which could cause significant environmental impacts. PS-2: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to fire protection service. LTS N/A N/A PS-3: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for police protection, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to police protection services. LTS N/A N/A PS-5: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times, or other performance objectives for schools, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-6: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to schools. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-39 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation PS-7: Implementation of the proposed Plan would result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for parks, the construction of which could cause significant environmental impacts. S PS-7: As new development occurs in the Plan Area, the City shall periodically (every 5 years) monitor residential population growth compared to development of new parklands for the purpose of evaluating the strength of this Plan to meet the ratio of 3 acres of parkland per 1,000 population. If the ratio is not met, the City shall explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. LTS PS-8: Implementation of the proposed Plan would contribute to cumulative parks and recreation impacts in the area. LTS PS-8: Implement Mitigation Measure PS-7. LTS PS-9: Implementation of the proposed Plan would not 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. LTS N/A N/A PS-10: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for libraries, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-11: Implementation of the proposed Plan would not contribute to cumulative library impacts in the area. LTS N/A N/A TRANSPORTATION AND TRAFFIC TRANS-1: The proposed Plan would not 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 LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-40 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation mass transit, non-motorized 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. TRANS-2: The proposed Plan would not conflict with an applicable congestion management program, including, but not limited to, level of service standards, travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. LTS N/A N/A TRANS-3: The proposed Plan would not 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. LTS N/A N/A TRANS-4: The proposed Plan would not increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). LTS N/A N/A TRANS-5: The proposed Plan would not result in inadequate emergency access. LTS N/A N/A TRANS-6: The proposed Plan would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. LTS N/A N/A TRANS-7.1: The addition of proposed Plan traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable roadway operations on City of Fresno study roadway segments under cumulative conditions. S TRANS-7.1: Provide transportation improvements consistent with General Plan Policy MT-1-j in the Plan Area that would encourage non-vehicular transportation and reduce auto traffic levels. These improvements shall be consistent with the goals and policies in the proposed Plan, which require the implementation of complete streets, bikeways, trails, sidewalks, and enhanced transit service to support transit use, biking, and walking as viable modes of travel. By supporting and encouraging these non-auto modes in lieu of auto travel, future traffic levels LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-41 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation would be reduced. The City of Fresno shall also apply General Plan Policy MT-1-o, which allows LOS E or F conditions outside of identified multimodal districts if provisions are made to sufficiently improve the overall transportation system and promote non-vehicular transportation. With the application of General Plan policy MT-1-o, the LOS F conditions on Church Avenue and LOS E conditions on North Avenue would be considered acceptable. TRANS-7.2: The addition of project traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable intersection operations at Caltrans study intersections. S TRANS-7.2: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. The City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-99/Jensen Avenue interchange and SR-41/North Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals:  SR-99 Southbound Off-Ramp/Jensen Avenue intersection: - Widen the SR-99 southbound off-ramp to add an additional left-turn pocket. - Restripe the existing shared through-left turn lane on the SR-99 southbound off-ramp as a dedicated through lane. - The resulting lane configuration on the southbound off-ramp is: two left-turn lanes, one through lane, and one right-turn lane. - Add an overlap phase for the northbound right-turn movement. - Prohibit westbound U-turn movement to allow the northbound right-turn overlap. - Widen the eastbound approach to stripe a third through lane; add a third receiving lane on the east leg that traps into the SR-99 southbound on-ramp.  SR-99 Northbound Off-Ramp/Jensen Avenue intersection: - Change the lane configurations on the northbound off-ramp to a dedicated left-turn pocket and shared through-right turn lane. - Add an overlap phase for the southbound right-turn movement. - Prohibit eastbound U-turn movement to allow the southbound right-turn overlap. - Widen the westbound approach to stripe a third through lane; add a third receiving lane on the west leg that traps into the SR-99 northbound on-ramp. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-42 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation - Change the phasing for the northbound and southbound approaches to protected left-turn movements and separate.  SR-41 Southbound Off-Ramp/North Avenue intersection: - Widen the SR-41 southbound off-ramp to add a left-turn pocket. - Change the lane configurations on the southbound off-ramp to convert the existing shared through-left turn lane to a shared right turn-through-left turn lane. - Extend the right-turn pocket on the off-ramp to accommodate right-turn queue length shown in Table 4.14-16. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared right turn-through-left turn lane, and one right-turn lane. - Widen the eastbound approach to add a third through lane that traps into the eastbound left-turn onto the SR-41 northbound on-ramp. In addition to addressing intersection operations, the changes identified above also address freeway off-ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix H for calculations). While these changes would improve traffic operations to an acceptable LOS, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. In addition to the three intersections at the SR-99/Jensen Avenue and SR-41/North Avenue interchanges that operate at LOS E or LOS F under cumulative conditions, the following improvements would address unacceptable LOS E operations at the SR-99/Fresno Street interchange:  SR-99 Southbound Ramps/Fresno Street intersection: - Widen the SR-99 southbound frontage road to add an additional right-turn pocket. - Restripe the existing through lane as a shared through-left turn lane on the SR-99 southbound off-ramp. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-43 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared through left-turn lane, and two right-turn lanes.  SR-99 Northbound Ramps/Fresno Street intersection: - Add a through lane to the westbound approach on Fresno Street that traps into the left-turn onto the SR-99 southbound on-ramp. - Adding the third through lane on Fresno Street would require removing the existing raised median and prohibiting eastbound left-turns at the Fresno Street/E Street intersection. With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-17 below (refer to Appendix H for calculations). While the intersection and ramp changes at the SR-99/Fresno Street interchange would improve intersection LOS, physical constraints on the SR-99 southbound frontage road would make the proposed widening of the southbound approach infeasible. TRANS-7.3: The addition of proposed Plan traffic to the roadway network in combination with traffic generated by reasonably foreseeable projects results in freeway off-ramp queues that extend back onto the freeway mainline. S TRANS-7.3: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. In addition to the recommended improvements listed in Mitigation Measure TRANS-7.2, the City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-41/Jensen Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals:  SR-41 Southbound Off-Ramp/Jensen Avenue intersection: - Change the existing shared left-right turn lane on the SR-41 southbound off- ramp as a dedicated right-turn lane SR-99 southbound off-ramp - The resulting lane configuration on the southbound off-ramp is: one left-turn lane and two right-turn lanes - Add a southbound right-turn phase to run concurrently with the eastbound through phase by taking green time from the westbound through phase The implementation of the changes to the SR-41 southbound off-ramp at Jensen Avenue listed above would reduce queuing on the SR-41 southbound off-ramp. These changes in combination with the improvements to the SR-99/Jensen SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-44 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Avenue, SR-41/North Avenue, and SR-99/Fresno Street interchange listed in Mitigation Measure TRANS-7.2, would reduce freeway off-ramp queuing under cumulative conditions. Table 4.14-18 in Chapter 4.14 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix H for calculations). While these changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off- ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. UTILITIES AND SERVICE SYSTEMS UTIL-1: Implementation of the proposed Plan would exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. S MEIR USS-1: The City shall develop and implement a wastewater master plan update. MEIR USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. MEIR USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 24 MGD Wastewater Treatment Facility within the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-45 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. UTIL-2: Implementation of the proposed Plan would require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. S MEIR USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented subject to approval by the City prior to construction. The plan shall identify hours of construction and for deliveries, include haul routes, identify access and parking restrictions, plan for notifications, identify pavement markings and signage, and plan for coordination with emergency service providers and schools. MEIR USS-5: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update Phase 2 Report, January 2012 (2012 Metro Plan Update).  Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9- 1 of the 2012 Metro Plan Update. MEIR USS-6: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-46 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation provided.  Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27-inches to 42- inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP.  Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33- inches to 60-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1- REP and CM2-REP.  North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48-inches to 66- inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1.  Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24-inches to 36-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. MEIR USS-7: Prior to exceeding capacity within the existing 28 pipeline segment shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. MEIR USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-47 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation improvements shall be provided by approximately 2025.  Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. MEIR USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update.  Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-48 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. UTIL-3: Implementation of the proposed Plan would result in a determination by the wastewater treatment provider which serves or may serve the proposed Plan that it has adequate capacity to serve the proposed Plan’s projected demand in addition to the provider’s baseline commitments. S UTIL-3: Implement MEIR Mitigation Measures USS-1 through USS-3. LTS UTIL-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in a significant cumulative impacts with respect to wastewater. S UTIL-4: Implement MEIR Mitigation Measures USS-1 through USS-9. LTS UTIL-5: Implementation of the proposed Plan would not require or result in the construction of new water or wastewater treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-6: Implementation of the proposed Plan would not have sufficient water supplies available to serve the proposed Plan from baseline entitlements and resources, or are new or expanded entitlements needed. LTS N/A N/A UTIL-7: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would/would not result in significant cumulative impacts with respect to water supply. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-49 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation UTIL-8: Implementation of the proposed Plan would not require or result in the construction of new reclaimed water treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-9: Implementation of the proposed Plan would have sufficient reclaimed water supplies available to serve the proposed Plan from baseline entitlements and resources, or are new or expanded entitlements needed. LTS N/A N/A UTIL-10: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would/would not result in a significant cumulative impacts with respect to reclaimed water supply. LTS N/A N/A UTIL-11: Implementation of the proposed Plan would not exceed NPDES stormwater discharge requirements or applicable standards of the California Regional Water Quality Control Board. LTS N/A N/A UTIL-12: Implementation of the proposed Plan would not require or result in the construction of new stormwater treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-13: Implementation of the proposed Plan would result in a determination by the stormwater treatment provider which serves or may serve the Plan Area that it has adequate capacity to serve the proposed Plan’s projected demand in addition to the provider’s baseline commitments. LTS N/A N/A UTIL-14: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in a LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-50 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation significant cumulative impacts with respect to stormwater. UTIL-15: Implementation of the proposed Plan would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. S MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. LTS UTIL-16: Implementation of the proposed Plan would comply with federal, State, and local statutes and regulations related to solid waste. LTS N/A N/A UTIL-17: Implementation of the proposed Plan in combination with past, present, and reasonably foreseeable projects would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. S MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. LTS UTIL-18: Implementation of the proposed Plan would not result in a substantial increase in natural gas and electrical service demands, would use appropriate energy conservation and efficiency measures, and would not require new energy supply facilities and distribution infrastructure or capacity enhancing alterations to baseline facilities. LTS N/A N/A UTIL-19: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to energy conservation. LTS N/A N/A PLACEWORKS 3-1 Revisions to the Draft PEIR 3. This chapter presents changes to the Draft Program Environmental Impact Report (PEIR) that resulted from preparation of responses to comments on the Draft PEIR, or staff-directed changes, including typographical corrections and clarifications. In each case, the Draft PEIR page and location on the page are presented, followed by the textual, tabular, or graphical revision. Text with double underline represents language that has been added to the Draft PEIR; text with strikethrough represents text that has been deleted from the Draft PEIR. None of the revisions constitute significant new information added to the analysis contained in the Draft PEIR to the extent of requiring recirculation. As such, the Draft PEIR does not need to be recirculated for public review. 3.1 REVISIONS TO CHAPTER 2, EXECUTIVE SUMMARY The fourth bulleted paragraph on page 2-3 of the Draft PEIR is hereby amended as follows:  Appendices: The appendices for this document (presented in PDF format on a CD attached to the back cover of the Draft PEIR) contain the following supporting documents:  Appendix A: Notice of Preparation and Scoping Comments  Appendix B: Proposed Public Review Draft of Southwest Fresno Specific Plan  Appendix C: Air Quality and Greenhouse Gas Data  Appendix D: Cultural Resources Data  Appendix E: Hazards and Hazardous Materials Data  Appendix F: Noise Data  Appendix G: Public Services Transportation and Traffic Data  Appendix H: Transportation and Traffic Data The first bulleted list on page 2-6 of the Draft PEIR is hereby amended as follows:  Groundwater/soil contamination  Traffic impacts in and around the Plan Area, including parking, transit access, and safe pedestrian and bicycle safety and connections  Affordable housing  Cultural resources  Eminent Domain SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-2 OCTOBER 2017  Park acreage to serve the existing and new residents of the Plan Area  School capacity planning to serve the existing and new residents of the Plan Area 3.2 REVISIONS TO CHAPTER 3, PROJECT DESCRIPTION The first full paragraph on page 3-10 of the Draft PEIR is hereby amended as follows: Employment. The amount of employment space in the Plan Area (i.e., office, business park, regional business park, light industrial, and heavy industrial uses) in the proposed Plan is significantly less than in the General Plan; the proposed Plan shows approximately 1 million square feet less in employment uses in the Plan Area. The reason for this decrease is because of the removal of industrial land use designations and change of business park and regional business park uses to other land uses such as residential, park, mixed use, and commercial. 3.3 REVISIONS TO CHAPTER 4.3, AIR QUALITY The third paragraph on page 4.3-30 of the Draft PEIR is hereby amended as follows: As discussed above, while the proposed Plan would result in a substantial increase in long-term criteria pollutant emissions compared to existing conditions, it would support a more sustainable development pattern for the Plan Aarea. As the improvements, objectives, and policies under the proposed Plan would support a more sustainable development pattern in accommodating future growth for the Plan Aarea, they would contribute in minimizing long-term emissions of criteria air pollutants. Various policies of the proposed Plan would promote complete streets, mixed-use and transit oriented neighborhoods, low– emission vehicle transportation options, and increased capacity for alternative transportation modes, which would help reduce air pollutant emissions. For example, policies include: The fourth bullet on page 4.3-31 of the Draft PEIR is hereby amended as follows: Policy LU-11.1 Encourage compliance with voluntary residential and non-residential California Green Building Code (CALGreen) standards through CALGreen incentive programs. The sixth bullet on page 4.3-31 of the Draft PEIR is hereby amended as follows: Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code’s Section 15-2429 on Bicycle Parking, such asincluding racks and lockers, at key locations along the bicycle network, such asincluding transit stops, in front ofcommercial businesses,retail and services, for employment offices, parks, and schools. Promote and incentivize the provision of secure bicycle parking for new multi-family residential and mixed-use residential development projects. The ninth through eleventh bullets on page 4.3-31 of the Draft PEIR are hereby amended as follows: Policy T-9.1 Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-3 technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement. Policy T-9.2 Promote, incentivize, and pursue funding for electrical vehicle (EV) charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects. Policy T-9.3 Promote and incentivize the provision of preferential parking for low-emitting, fuel- efficient, and carpool/van vehicles for new non-residential development projects. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in the Southwest Fresno Specific Plan. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. The second paragraph on page 4.3-32 of the Draft PEIR is hereby amended as follows: Mitigation Measure AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star-certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. The third paragraph on page 4.3-32 of the Draft PEIR is hereby amended as follows: Significance Without Mitigation: Significant and unavoidable. No further measures to reduce operation- phase criteria air pollutant emissions are available beyond Mitigation Measure AQ-1, the applicable SJVAPCD rules and regulations in addition to proposed Plan policies and design guidelines. The various goals and policies of the proposed Plan, such as those outlined above, would contribute to reducing long- term criteria air pollutant emissions to the extent feasible. However, due to the magnitude and intensity of development accommodated by the proposed Plan, Impact AQ-1 would remain significant and avoidable. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-4 OCTOBER 2017 The second paragraph on page 4.3-36 of the Draft PEIR is hereby amended as follows: Mitigation Measure AQ-3: Implement Mitigation Measure AQ-1. The third paragraph on page 4.3-36 of the Draft PEIR is hereby amended as follows: Significance Without Mitigation: Significant and unavoidable. No further measures to reduce operation- phase criteria air pollutant emissions are available beyond Mitigation Measure AQ-3, the applicable SJVAPCD rules and regulations in addition to proposed Plan policies and design guidelines. Application of State and SJVAPCD rules and regulations, such as Rules 9510 and 9410, implementation of the proposed Plan’s roadway, bicycle, and trail improvements;, policies (e.g., Policies LU-1.1, LU-4.4, T-101.1, and T- 112.3);, and complete streets design guidelines;, and implementation of applicable General Plan policies (e.g., Policies RC-4-e, RC-4-k, MT-2-b, and MT-4-b) would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. As stated, the aforementioned Mitigation Measure AQ-3, improvements, design guidelines, and policies could contribute in reducing operation-phase regional air quality impacts of future individual projects to a less than significant level. However, despite adherence to Mitigation Measure AQ-3, implementation of the policies and design guidelines, Impact AQ-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the proposed Plan. The first full paragraph on page 4.3-38 of the Draft PEIR is hereby amended as follows: Significance With Mitigation: Significant and unavoidable. Application of State and SJVAPCD rules and regulations;, implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-101.1, and T- 112.3) and complete streets design guidelines, in addition to applicable General Plan policies and objectives (e.g., Policies UF-12-a and UF-14-a and Objective RC-4);, and incorporation of Mitigation Measures AQ-4a and AQ AQ-4b, would reduce construction and operation-related criteria air pollutants to the extent feasible. However, despite implementation of the proposed plans, policies, and design guidelines, and adherence to these mitigation measures, Impact AQ-4 would remain significant and unavoidable due to the magnitude of land use development associated with the proposed Plan. 3.4 REVISIONS TO CHAPTER 4.4, BIOLOGICAL RESOURCES Mitigation Measure BIO-1.1a on page 4.4-24 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation. If a special-status species areis determined to occupy any portion SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-5 of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance-free buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. 66 Department of Fish and Game, 2009, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities, November, State of California. Mitigation Measure BIO-1.2 on page 4.4-25 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.2: Conduct a Preconstruction Survey for Swainson’s Hawk Nests and Implement Avoidance Measures. A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (February 1 through September 15) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre- construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground-disturbing activities. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. If an active Swainson’s hawk nest is detected on the project site, a minimum disturbance-free buffer zone of 0.5-mile should be delineated and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the 0.5-mile disturbance-free buffer zone is not feasible, CDFW will be consulted and acquisition of an Incidental Take Permit (ITP) for Swainson’s hawk may be necessary prior to project initiation to comply with CESA. site-specific avoidance or mitigation measures will be implemented consistent with CDFW recommendations (Swainson’s Hawk Technical Advisory Committee 2000). If nesting trees are identified on the project site, removal of nesting trees for Swainson’s hawk should be avoided. If avoidance is infeasible, nesting trees should be replaced with an appropriate native tree species, planted at a ratio of 3:1, in an area that will be protected in perpetuity. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-6 OCTOBER 2017 To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of Fish and Wildlife (CDFW) based on the following ratios, if feasible:  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land, and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. Mitigation Measure BIO-1.3 on page 4.4-26 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO -1.3: Implement Standard Measures for Protection of San Joaquin Kit Fox. No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent shallould retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction shallould be in substantial compliance with adhere to the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW shallould be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit. Mitigation Measure BIO-1.4 on page 4.4-27 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal shalloud be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities shallould be examined for roosting bats using a portable camera probe or similar technology. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-7 No more than two weeks before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation, a qualified bat biologist should conduct pre- construction surveys of all Bbuildings with potential for roosting habitat for supporting special-status bats or a maternity colony shallould be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector shallould be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost shallould be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground-disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements shallould be created prior to the roost removal., and the roosting bats shall be passively evicted under the direction of a qualified biologist (as determined by a Memorandum of Understanding with the CDFG). The qualified bat biologist, in consultation with CDFW, shallould facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March 15 to 31 August 31) periods through the following means: 1. Implementing eviction during a period of warm (nighttime low >50°F), dry weather, when bats are expected to be active. 2. Opening the roosting area to allow airflow through the cavity or building (air flow disturbance). 3. Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. 4. Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost. 5. Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours. Mitigation Measure BIO-1.5 on page 4.4-28 and 4.4-29 of the Draft PEIR is hereby amended as follows: Mitigation Measure 1.5. Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist shallould conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance shallould be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-8 OCTOBER 2017 potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following shallould be implemented:  If present, occupied badger dens shallould be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews shallould encircle the occupied den at the appropriate buffer distance, and shallould not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) shallould be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shallould not be removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shallould occur only under the direction of a qualified biologist. Mitigation Measure BIO-1.6 on page 4.4-29 and 4.4-30 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground-disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. No more than 15 days before the start of ground-disturbing activities for the project, a qualified biologist(s) knowledgeable of the species will conduct a focused, preconstruction survey for burrowing SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-9 owls and their sign on the project site and within 250 feet where access allows. In conformance with federal and State regulations regarding the protection of raptors, the survey will be conducted per the Staff Report on Burrowing Owl Mitigation.67 All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Staff Report on Burrowing Owl Mitigation will be implemented. Mitigation Measure BIO-1.7 on page 4.4-30 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.7. Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) shallould conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if look for western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they shallould be moved to the nearest suitable habitat immediately upstream or downstream from the project site. a suitable location outside the area of impact. The candidate sites for relocation shallould be identified before construction and shallould be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests shallould remain undisturbed until the eggs have hatched. , if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated to a suitable location outside the impact area. Egg relocation areas shall be identified based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection. Mitigation Measure BIO-1.8 on page 4.4-31 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre- construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 fe et of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-10 OCTOBER 2017 If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non- listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. Mitigation Measure BIO-2.1a on page 4.4-32 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200- foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance- free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Plan Area, a compensatory habitat-based mitigation shallould be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat- based mitigation shallould be determined on an acre-for-acre basis will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. Mitigation Measure BIO-2.1b on page 4.4-32 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code §1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. Mitigation Measure BIO-3a on page 4.4-33 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-11 the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shallould be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation shallould be implemented in a ratio according to the size of the impacted wetland. 3.5 REVISIONS TO CHAPTER 4.7, GREENHOUSE GAS (GHG) EMISSIONS The third paragraph on page 4.7-10 of the Draft PEIR is hereby amended as follows: Assembly Bill (AB) 2722 AB 2722 established the Transformative Climate Communities (TCC) Program to fund neighborhood-level TCC plans. The TCC Program is a California Climate Investment (CCI) program administered by the Strategic Growth Council (SGC), and implemented by the Department of Conservation (DOC) and other partnering State agencies. The Program supports projects that reduce GHG emissions through the development and implementation of neighborhood-level TCC plans that reduce GHG emissions while providing local economic, environmental, and health benefits to disadvantaged communities. The City of Fresno is pursuing grant funding for the following local projects:  Chinatown Lofts  Chinatown Mixed-Use Project at High-speed Rail (HSR) West Entrance  H Street Development  The Park at South Fulton  Hotel Fresno  North Fulton Street Mixed-Use Project  Van Ness Family Apartments  California HSR Mixed-Use Development  West Fresno Magnet Core Workforce Housing  Kings View Manor Acquisition/Rehabilitation  Chinatown Property-based Improvement District (PBID)  Economic Opportunities Commission (EOC) Partnership for Energy Savings and GHG Reductions in Southwest (SW) Fresno  GRID Alternatives Solar Renewable Energy Project  Weatherize 100 Homes and Install Solar Panels on 35 Homes in SW Fresno  SW Fresno Green Trails and Cycle Paths Initiative SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-12 OCTOBER 2017  Chinatown Active Transportation Project  HSR Station Area Complete Streets Connectivity Project  H Complete Street  Clean Shared Mobility Network  Tulare Complete Streets  Clean Energy Park & Play – Solar-Powered Charging Station & Van Pool  Annadale Mode Shift Project  TCC Connector Project  MLK Activity Center Street Improvements  Chinatown Park  Santa Clara Permaculture Community Garden  Chinatown Urban Greening Project  Mariposa Plaza  Clean Energy Park & Play – Urban Greening & Playground  Changing Lives with Trees in SW Fresno  Yosemite Village Permaculture Community Garden and Urban Farm Incubator  MLK Activity Center Park  Another Level Training Academy Community Garden  Food Commons Hub  Fresno City College – West Fresno Satellite  West Fresno Advanced Transportation Technology Training Program The second paragraph on page 4.7-28 of the Draft PEIR is hereby amended as follows: As shown in Table 4.7-8, the net increase in GHG emissions of 332,705 MTCO2e annually from operational activities of development projects accommodated by the proposed Plan would exceed the bright-line screening threshold of 900 MTCO2e for all land use types. The planned improvements, design guidelines, objectives, and policies under the proposed Plan would generally support a sustainable development pattern for the Plan Aarea by creating more complete neighborhoods and improving transit options. For example, the proposed Plan includes plans for improving active transit infrastructure and amenities, such as the inclusion of Class II bike lanes that follows the arterial and collector streets and Class I bike paths along Mmarks, Jensen, and North Avenues and implementation of cComplete sStreets dDesign gGuidelines for various corridors throughout the Plan Area that would contribute to reducing vehicle trips and VMT. However, the increase in overall land use intensity and associated population and employment growth within the Plan Area are the primary factors for the increase in GHG emissions. While the proposed Plan would result in a substantial increase in GHG emissions, it would support a more sustainable development pattern for the Plan Area. As the improvements, objectives, and policies under the proposed Plan would support a more sustainable development pattern in accommodating future growth for the Plan Area, they would contribute in minimizing long-term emissions of GHG. Various policies of the proposed Plan would promote complete streets, mixed-use, and transit oriented neighborhoods, and increased capacity for alternative transportation modes, which would help reduce GHG emissions. For example, policies include: SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-13 Policy LU-2.5 Attract and encourage higher-density mixed use development along California Avenue, connecting to Downtown Fresno, Fresno Area Express (FAX), and High-Speed Rail (HSR) with a future bus rapid transit (BRT) line, to support a Mixed-Use Corridor. Policy LU-3.1 Encourage the development of centers, or nodes, within walking and biking distance of residents and surrounded by residences. Nodes should consist of a park, a school, and quality neighborhood retail and services. Policy LU-8.4 In collaboration with appropriate local, State, and/or federal agency, regularly enforce and evaluate performance and performance standards on the operation of existing industrial activity related to air quality, odor, noise, and vibration in order to maintain compatibility with adjacent neighborhoods and uses. Policy LU-9.1 Create active street frontages by providing wide sidewalks with pedestrian-scaled streetscape amenities and orienting building entrances toward the street. Policy LU 10.1 Provide a walkable environment within neighborhoods by slowing down traffic, providing wide sidewalks with drought-tolerant vegetation and street trees, and creating an interconnected pedestrian network. Policy LU-10.2 Encourage buildings within neighborhoods to be compatible in scale with surrounding residential development. Policy T-1.1 Implement the pedestrian recommendations from the City of Fresno Active Transportation Plan, focusing on the high priority areas first. Policy T-4.4 Ensure that all roadway widening projects in Southwest Fresno include Class II or Class IV bicycle facilities. Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code Section 15-2429 on Bicycle Parking, including racks and lockers, at key locations along the bicycle network, such as transit stops, commercial businesses, offices, parks, and schools. Promote and incentivize the provision of secure bicycle parking for new multi-family residential and mixed-use residential development projects. Policy T-6.1 Improve the reliability, quality, and efficiency of transit service within Southwest Fresno and to regional destinations. Policy T-8.1 Consider and prioritize the comfort of pedestrians, bicyclists, and transit riders when planning vehicular improvements on roadways through implementation of complete streets improvements. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-14 OCTOBER 2017 Policy T-11.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in the Southwest Fresno Specific Plan. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. Policy T-12.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. Policy T-12.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. The above policies would promote active transportation and support the reduction in average vehicle trip distances, which would contribute in reducing overall vehicle trips and VMT. In addition, although applicable future individual development projects would be processed under their own separate CEQA evaluation and may be consistent with the City’s GHG Reduction Plan development checklist resulting in a less than significant GHG emissions impact, cumulatively, development of projects accommodated by the proposed Plan would generate substantial GHG emissions. Therefore, the proposed Plan’s cumulative contribution to the long-term GHG emissions in the State would be considered significant. 3.6 REVISIONS TO CHAPTER 4.9, HYDROLOGY AND WATER QUALITY Figure 4.9-1 of the Draft PEIR is hereby revised to reflect the most recently updated Urban Flood Control System Area map published December 9, 2016. Please see the revised Figure 4.9-1 on page 3-15. Figure 4.9-2 of the Draft PEIR is hereby revised to reflect the most recently updated Urban Flood Control System Area map published December 9, 2016. Please see the revised Figure 4.9-2 on page 3-17. Figure 4.9-1 FMFCD Urban Flood Control System Area Source: Fresno Metropolitan Flood Control District, 2016. 5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUE EPHERD RRIN HYMER ERNATIONAL PPER ERICAN C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60 R 19E R 20E R 20E R 21E R 21E R 22E R 22E R 23E T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER AMERICAN E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 HOG DOGDOG DOG MUDDOGD O G DOGPUP P U P P U P MUDK ER N W O L F MILLTRIBTRIBTR IBTRIBMILL CRE EK CAN AL DRAINCREEKL A K E S CREEKC R E E K CREEKCREEKCREEKCREEK DIT C H CREEKC R EEKCREEKC R E E K C R E EKCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN N O R THCREEKC R EEKC R E E K CRE EK KINGSRIVERVERNONG REY'SC L O VI S TRIB#1FANCHERTR IB #4FANCHERTRIB#3TRIB#2TRIB#5REDBANK REDBANK TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB#4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUIN S A N C A N A L C R E E K D O G KERN FRIANT CANAL ENT ER PR ISE C R E E K R ED BANKC R EE K FANCHER DRY CREEK CANAL CENTRAL CANAL F R E S N O CO LON Y CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EF I DD L K J F N CN AB H O CW D AA DG DH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BX R BC 3G 7H DM AQ 3F 7D DL 5F DK DE DN CX BZ DI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CK AO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEK RESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 5 7 8 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 9 9 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 9 97 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 4651 2 30 18 29 30 19 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 2322 26 25 34 14 17 24 14 12 25 35 35 36 36 26 33 16 23 33 33 35 32 10 17 12 33 36 17 17 23 24 15 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 12 26 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 25 29 19 35 18 21 13 19 31 18 30 20 30 18 12 323133 10 32 21 29 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARD PARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W 36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUE EPHERD RRIN HYMER ERNATIONAL PPER ERICAN C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60 R 19E R 20E R 20E R 21E R 21E R 22E R 22E R 23E T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER AMERICAN E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 HOG DOGDOG DOG MUDDOGDO G DOGPUP P U P P U P MUDK ER N W O L F MILLTRIBTRIBTRIBTRIBMILL CRE EK CA NAL DRAINCREEKL AK E S CREEKC R E E KCREEKCREEKCREEKCREEK DIT C H CREEKC R EEKCREEKC R E E K C R E EKCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN N O R THCREEKCREEKC R E E K CRE EK KINGSRIVERVERNONGREY'SC L O VI S TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK REDBANK TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB#4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUIN S A N C A N A L C R E E K D O G KERN FRIANT CANAL ENT ER PR ISE C R E E K R ED BANKC R EE K FANCHER DRY CREEK CANAL CENTRAL CANAL F R E S N O CO LON Y CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EF I DD L K J F N CN AB H O CW D AA DG DH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BX R BC 3G 7H DM AQ 3F 7D DL 5F DK DE DN CX BZ DI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CK AO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEK RESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 5 7 8 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 9 9 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 9 97 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 4651 2 30 18 29 30 19 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 2322 26 25 34 14 17 24 14 12 25 35 35 36 36 26 33 16 23 33 33 35 32 10 17 12 33 36 17 17 23 24 15 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 12 26 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 25 29 19 35 18 21 13 19 31 18 30 20 30 18 12 323133 10 32 21 29 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARD PARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W 36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kylesDate: 12/9/2016Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLAN FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FRESNO COUNTY CALIFORNIA 5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20E R 20E R 21E R 21E R 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDO G DOG MUDDOGD O G DOGP U P P U P P U P MUDKERN W O L F MILLTRIBTRIBTRIBTRIBMILL CR E E K C A N A L DRAINCREEKL A K E S CREEKC R E E K CREEKCREEKCREEKCREEK D IT C H CREEKC REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NO R TH CREEKCREEKC R E E K CR E E K KING SRIVERVERNONGREY'SC L O V IS TRIB#1FANCHERTR IB #4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CH A N NE L TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L C R E E K D O G KERN FRIANT CANAL E NT E R P R I S E C R E E K REDBANKC R EE KFANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BXRBC 3G 7H DMAQ 3F 7D DL 5F DK DE DNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 99 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 46512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 232226 25 34 14 17 24 14 1225 35 35 36 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20E R 20E R 21E R 21E R 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDO G DOG MUDDOGD O G DOGP U P P U P P U P MUDKERN W O L F MILLTRIBTRIBTRIBTRIBMILL CR E E K CA N A L DRAINCREEKL A K E S CREEKC R EEKCREEKCREEKCREEKCREEK D IT C H CREEKC REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NO R TH CREEKCREEKC R E E K CR E E K KING SRIVERVERNONGREY'SC L O V IS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CH A N NE L TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L C R E E K D O G KERN FRIANT CANAL E NT E R P R I S E C R E E K REDBANKC R EE KFANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BXRBC 3G 7H DMAQ 3F 7D DL 5F DK DE DNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 99 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 46512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 232226 25 34 14 17 24 14 1225 35 35 36 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO HYDROLOGY AND WATER QUALITY PLACEWORKS Source: Fresno Metropolitan Flood Control District, 2017; PlaceWorks, 2017. Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOGDOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL C R E E K CANAL DRAINCREEKL A K E S CREEKCREEK CRE EKCREEKCREEKCREEK D IT C HCREEK CR EEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK C R E E K KINGSRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D BA N K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOGDOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CRE EKCREEKCREEKCREEK D IT C HCREEK CR EEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E EK KINGSRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BA N K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E EK CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK D IT C HCREEK C REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZBT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E EK CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK D IT C HCREEK C REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZBT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK DIT C HCREEK CREEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK C R E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BAN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK DIT C HCREEK CREEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BAN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO HYDROLOGY AND WATER QUALITY Southwest Fresno SP Boundary PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-18 OCTOBER 2017 The last paragraph of page 4.9-15 of the Draft PEIR is hereby amended as follows: The Plan Area encompasses all or part of each of the following drainage areas: AS, NN, ZZ, FF, OO, TT, SS, KK, CQ, and AV. Drainage area acreages and retention basin capacities in acre-feet are listed below in Table 4.9-3. Note that the drainage area studied for the proposed Plan spans 5,859 acres including areas upstream and downstream of the Plan Area; the whole area studied is addressed in Table 4.9-3. The FMFCD basins storm drainage pipeline collection system haves capacity for a two-year storm and the basins have a capacity for at least 60 percent of average annual rainfall. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area.18 Drainage exceeding the capacity of one basin is moved to other drainage areas through basin relief pipelines interconnecting drainage areas. FMFCD has based planning for the drainage areas using the General Plan land use classifications for each drainage area. Beyond planning, the basins have been located, sized, and in most cases, basin property acquisition has been completed. FMFCD guidelines allow a 20 percent change in required volume before FMFCD is required to resize the basin and either enlarge or change the location of the affected basin. In older areas of the existing system, there may not be available area to expand basin property to allow a 20 percent change in required volume.19 The fifth paragraph on page 4.9-23 of the Draft PEIR is hereby amended as follows: The proposed Plan sets forth the following goals and policies applicable to drainage and water quality: Goal T-123: Improve storm water quality through transportation infrastructure improvements. Policy T123.1 Coordinate with the Fresno Metropolitan Flood Control District (FMFCD) Master Plan to incorporate Low Impact Development (LID) storm water management techniques with curb, gutter, and sidewalk improvements. The first paragraph on page 4.9-24 of the Draft PEIR is hereby amended as follows: Policy T123.2 Manage stormwater on-site to cleanse, diffuse, and absorb rainwater where it falls by creating rain gardens, swales, infiltration areas, and other attractive areas that bring nature and beauty into developed areas. Policy T123.3 Work with FMFCD to reduce or waive development impact fees if LID development is implemented on-site. The third paragraph on page 4.9-27 under Impact HYD-4 of the Draft PEIR is hereby amended as follows: The FMFCD basins storm drainage pipe system haves capacity for a two-year storm and basins are designed for at least 60 percent of average annual rainfall. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area.48 Drainage exceeding the capacity of one basin is moved to other drainage areas through basin relief pipelines interconnecting drainage areas. FMFCD guidelines allow a 20 percent change in required volume before FMFCD is required to resize the basin and either enlarge or change the location of the affected basin. In older areas of the SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-19 existing system, there may not be available area to expand basin property to allow a 20 percent change in required volume. As shown above in Table 4.9-3, buildout of the proposed Plan would not require an increase in volume of 20 percent or more in any of the basins serving the Plan Area; and thus would not require construction of any new or expanded basins. The FMFCD Urban Storm Drainage Master Plan includes several proposed storm drains on-site. Footnote 48 on page 4.9-27 of the Draft PEIR is hereby amended as follows: ____________ 18 Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood Control District. Phone call with PlaceWorks, April 11, 2014. 3.7 REVISIONS TO CHAPTER 4.10, LAND USE AND PLANNING The text in the first row under the column “Consistency Summary” in Table 4.10-1 on page 4.10-6 of the Draft PEIR is hereby amended as follows: Consistent. Goal LU-8 of the proposed Plan supports reflects the City’s long- term strategy for supporting the sustainability of industrial uses by directing them outside the Pplan Aarea, where they will not conflict with existing neighborhoods. The city contains ample land (approximately 2,150 acres of vacant or partially vacant land) to accommodate industrial development. 3.8 REVISIONS TO CHAPTER 4.12, POPULATION AND HOUSING The second paragraph on page 4.12-7 of the Draft PEIR is hereby amended as follows: New jobs in the Plan Area would be created by development of commercial, office, and other employment-generating uses. New industrial jobs could occur in existing industrial businesses; however, the proposed Plan redirects reflects the City’s land use strategy of focusing new industrial uses to in locations outside of the Plan Area to remove land use conflicts with nearby residential and other sensitive uses. As shown in Table 4.12-4, the Fresno General Plan MEIR projects an increase of 183,940 jobs for a total of 393,200 jobs in Fresno in 2056. As described in the Project Description in this Draft PEIR, buildout of the proposed Plan could result in as many as 8,671 additional jobs in 2042. These new jobs would not exceed the citywide job projections. Although job growth usually does not directly induce population growth, this calculation takes into account the fact that an increase in employment could accompany population growth, as workers and their family members are likely to live close to their workplaces. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-20 OCTOBER 2017 3.9 REVISIONS TO CHAPTER 4.13, PUBLIC SERVICES The first paragraph under Impact heading PS-7 on page 4.13-28 of the Draft PEIR is hereby amended as follows: Implementation of the proposed Plan would result in a population increase of approximately 27,775 residents under the Dual Designation Scenario for a total of 40, 424 residents. This additional residential growth would result in an increase in demand for parks and recreation facilities. Based on the General Plan standard of 3 acres of public parkland per 1,000 residents, the proposed Plan would require the dedication of approximately 1218311 acres of useable parkland to meet the 3-acre per 1,000 residents ratio standard. Assuming the Standard Development Scenario presented in Table 3-1 of Chapter 3, Project Description, the Plan proposes 708 acres of new parkland and combined with the approximately 19 acres of existing parkland within the Plan Area (see Table 4.13-10). Therefore, implementation of the proposed Plan would result in an total of 91 acres of parkland being located within the Plan Area This is a deficit of 30 5 acres less than the total acreage needed to meet the citywide parks and open space standard of 3 acres per 1,000 residents. Footnote 11 on page 4.13-28 of the Draft PEIR is hereby amended as follows: ___________ 11 (12,649 existing residents + 27,775 new residents) = 40,424 total residents. (40,42427,775 total new residents*3 acres/1,000 residents) = 121.2783.325 acres. The first full paragraph on page 4.13-32 of the Draft PEIR is hereby amended as follows: Implementation of the proposed Plan would result in the creation of 708 acres of new parkland. When combined with the existing approximately 19 acres of parkland within the Plan Area, implementation of the proposed Plan would result in approximately 89acres of parks being located within the Plan Area.15 The development of new parks would offer additional facilities for use by new residents within the Plan Area, reducing the impact on existing facilities. In addition to the new parks that would be developed under the proposed Plan, Goal PF-1 seeks to improve existing parks as the highest priority. Policy PF-1.1 encourages the City to upgrade amenities in existing parks, and ensure that all parks have well-maintained and fully accessible essential and desired amenities. Policy PF-1.2 encourages park safety and security through enforcement and community design, while Policy PF-1.3 encourages remediation of toxic sites on and/or directly adjacent to existing parkland to improve the environmental health of the community. Therefore, existing recreational facilities would not experience substantial physical deterioration or experience an acceleration of physical deterioration. Development within the Plan Area would also be required to comply with FMC Section 12-4.701 through 12-4.706, which requires payment of park facilities fees to finance park facility improvements. As a result, impacts are considered less than significant. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-21 3.10 REVISIONS TO CHAPTER 4.14, TRANSPORTATION AND TRAFFIC The first paragraph on page 4.14-1 of the Draft PEIR is hereby amended as follows: This section describes the regulatory framework and existing conditions in the vicinity of the Plan Area related to transportation and traffic, and the potential impacts of the proposed Plan on transportation and traffic. Fehr & Peers prepared the analysis contained in this section. This report analyzes the following scenarios to determine the effects of the proposed Plan:  Existing Conditions (2017): reflects roadway geometrics as observed in spring 2017 and traffic volumes collected between June 2014 and May 2017, as presented in Section 4.14.1.2  Existing plus proposed Plan conditions (2017): evaluates the transportation and traffic impacts directly related to the development associated with the proposed Plan, as presented in Section 4.14.3  Cumulative conditions (2035): analyzes the proposed Plan’s incremental effects to traffic congestion when viewed in connection with the effects of reasonably foreseeable future projects. This analysis uses population and employment forecasts from the recently adopted Fresno General Plan as land use inputs for future development in the region. This is consistent with §15130(b)(1)(B) from the CEQA Guidelines. The cumulative conditions scenario also includes reasonably foreseeable roadway network changes including funded roadway improvement projects identified in the Fresno Council of Governments (Fresno COG) 2014 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and applicable local and regional impact fee programs as well as modifications to the roadway network associated with the construction of the High-Speed Rail (HSR) trackway. The title of Figure 4.14-3 on page 4.14-13 of the Draft PEIR is hereby amended as follows: Figure 4.14-3 Existing Roadway Network (2017) The fifth paragraph on page 4.14-15 of the Draft PEIR is hereby amended as follows: Morning (7:00 a.m. to 9:00 a.m.) and evening (4:00 p.m. to 6:00 p.m.) peak period intersection turning movement counts at the eight study intersections were collected in April 2017 (refer to Appendix HG for traffic count data). Figure 4.14-6 presents the existing AM and PM peak hour intersection traffic volumes for the eight study intersections. Figure 4.14-6, shown on the following page, is hereby added. Please see the new Figure 4.14-6 on page 3-22. Figure 4.14-15, shown on the following page, is hereby added. Please see the new Figure 4.14-15 on page 3-23. Figure 4.14-20, shown on the following page, is hereby added. Please see the new Figure 4.14-20 on page 3-24. Peak Hour Traffic Volumes and Lane ConfigurationsExisting ConditionsSource: path:744 (846) 42 (41)530 (493)0 (0)238 (77)116 (112) 300 (462) 1. SR 41 SB Ramps/Jensen Ave 30 (42)89 (102)555 (411) 427 (512) 157 (441) 386 (532) 2. SR 41 NB Ramps/Jensen Ave 22 (49)0 (0)122 (316)421 (595) 35 (30)147 (73)242 (105)570 (482)83 (134) 526 (499) 130 (75) 3. SR 99 SB Ramps/Jensen Ave 126 (168)76 (50)96 (135)130 (81) 773 (935) 61 (234)145 (284)0 (0)41 (42)72 (59) 1,056 (948) 4. SR 99 NB Ramps/Jensen Ave 318 (341) 8 (10)193 (143)0 (0)311 (87)144 (203) 28 (46) 5. SR 41 SB Ramps/North Ave 15 (17)0 (1)55 (35)153 (204) 476 (224) 173 (267) 157 (232) 6. SR 41 NB Ramps/North Ave 438 (485) 107 (115)307 (215)149 (227)445 (137)217 (369) 54 (141) 7. SR 99 SB Ramps/Fresno St 99 (118)73 (95)250 (181)207 (216) 676 (406) 131 (444) 172 (392) 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCFSource: Fehr & Peers Transportation Consultants, 2017. Figure 4.14-6 Peak Hour Traffic Volumes and Lane Configurations Existing Conditions TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS Peak Hour Traffic Volumes and Lane ConfigurationsExisting Plus ProjectSource: path:1. SR 41 SB Ramps/Jensen Ave 2. SR 41 NB Ramps/Jensen Ave 3. SR 99 SB Ramps/Jensen Ave 4. SR 99 NB Ramps/Jensen Ave 5. SR 41 SB Ramps/North Ave 6. SR 41 NB Ramps/North Ave 7. SR 99 SB Ramps/Fresno St 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCF1,560 (1,900) 70 (60)1,360 (1,240)0 (0)240 (80)120 (120) 620 (790)30 (50)90 (110)870 (740) 930 (1,240) 160 (450) 710 (860)30 (60)0 (0)130 (320)690 (890) 60 (50)150 (80)250 (110)570 (490)90 (140) 830 (790) 130 (80)230 (320)80 (50)100 (140)130 (90) 900 (1,080) 70 (240)150 (290)0 (0)50 (50)80 (60) 1,260 (1,100) 770 (850) 20 (10)470 (430)0 (0)320 (90)260 (350) 30 (50)20 (20)0 (0)60 (40)490 (620) 600 (320) 180 (270) 270 (380) 790 (990) 140 (140)600 (390)150 (230)450 (140)410 (680) 60 (150)150 (220)80 (100)250 (190)420 (580) 820 (550) 140 (450) 320 (610) Figure 4.14-15 Peak Hour Traffic Volumes and Lane Configurations Existing Plus Project Source: Fehr & Peers Transportation Consultants, 2017. TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS Peak Hour Traffic Volumes and Lane ConfigurationsCumulative ConditionsSource: path:1. SR 41 SB Ramps/Jensen Ave 2. SR 41 NB Ramps/Jensen Ave 3. SR 99 SB Ramps/Jensen Ave 4. SR 99 NB Ramps/Jensen Ave 5. SR 41 SB Ramps/North Ave 6. SR 41 NB Ramps/North Ave 7. SR 99 SB Ramps/Fresno St 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCF1,900 (1,980) 100 (90)1,370 (1,420)0 (0)240 (90)120 (120) 670 (900)50 (50)90 (110)1,020 (820) 1,120 (1,250) 230 (450) 740 (970)40 (140)0 (0)180 (440)810 (930) 80 (50)150 (80)470 (230)860 (950)90 (140) 850 (870) 180 (100)230 (320)80 (50)100 (140)130 (90) 1,300 (1,610) 110 (330)150 (290)0 (0)50 (50)80 (60) 1,940 (1,720) 1,460 (1,260) 30 (50)570 (660)0 (0)660 (240)570 (1,000) 40 (50)30 (20)0 (0)70 (50)690 (620) 1,430 (880) 330 (740) 580 (1,030) 1,190 (1,230) 140 (140)600 (390)300 (240)450 (260)770 (1,030) 290 (510)230 (220)250 (480)470 (310)460 (580) 1,180 (910) 280 (450) 830 (1,320) Figure 4.14-20 Peak Hour Traffic Volumes and Lane Configurations Cumulative Conditions Source: Fehr & Peers Transportation Consultants, 2017. TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-25 The title of Table 4.14-2 on page 4.14-18 of the Draft PEIR is hereby amended as follows: Table 3.10-2 Peak Hour Roadway Segment Operations – Existing Conditions (2017) The last paragraph on page 4.14-19 of the Draft PEIR is hereby amended as follows: As shown in Table 3.10-2, all study roadway segments operate at LOS C or LOS D under existing conditions. Per the volume thresholds presented in Table 4.14-6, LOS A and LOS B are not achievable on arterial or collector streets per the HCM methodology; therefore, LOS C is the best achievable operation. Figure 4.14-67 presents the AM peak hour roadway LOS, while Figure 4.14-78 presents the PM peak hour roadway LOS. The title of Figure 4.14-6 on page 4.14-20 of the Draft PEIR is hereby amended as follows: Figure 3.10-1 7 Existing AM Peak Hour Roadway Segment LOS (2017) The second paragraph on page 4.14-22 of the Draft PEIR is hereby amended as follows: Table 4.14-3 presents the AM and PM peak hour LOS at each study intersection under existing conditions (refer to Appendix HG for calculations). As shown in Table 4.14-3, all intersections operate at LOS D or better under existing conditions with the exception of the following location: The title of Table 4.14-3 on page 4.14-22 of the Draft PEIR is hereby amended as follows: Table 4.14-3 Peak Hour Intersection Operations – Existing Conditions (2017) Tabl e 4.14-4 on page 4.14-23 of the Draft PEIR is hereby amended as follows: TABLE 4.14-4 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc SR-41 Southbound Off-Ramp at Jensen Ave. 1.1,380 ft. 420 ft. AM 75 ft. PM 75 ft. SR-41 Northbound Off-Ramp at Jensen Ave. 2.1,470 ft. 420 ft. AM 50 ft. PM 50 ft. SR-99 Southbound Off-Ramp at Jensen Ave. 3.1,440 ft. 420 ft. AM 625 ft.* PM 450 ft.* SR-99 Northbound Off-Ramp at Jensen Ave. 4.1,050 ft. 420 ft. AM 225 ft.* PM 250 ft.* SR-41 Southbound Off-Ramp at North Ave. 5.1,575 ft. 270 ft. AM 250 ft. PM 75 ft. SR-41 Northbound Off-Ramp at North Ave. 6.1,700 ft. 270 ft. AM 25 ft. PM 50 ft. SR-99 Southbound Off-Ramp at Fresno St. 7.1,030 ft. 270 ft. AM 100 ft. PM 150 ft. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-26 OCTOBER 2017 TABLE 4.14-4 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc SR-99 Northbound Off-Ramp at Fresno St. 8.1,070 ft. 270 ft. AM 75 ft. PM 100 ft. Notes: * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The third paragraph on page 4.14-24 of the Draft PEIR is hereby amended as follows: Figure 4.14-89 shows the existing fixed-route transit service in the Plan Area. The areas on the western portion of the Plan Area are less developed and are not directly served by existing fixed-route bus service. In addition to its fixed-route service, FAX Handy Ride provides paratransit service for people with disabilities and those who cannot functionally use the FAX fixed-route bus system. The title of Figure 4.14-8 on page 4.14-25 of the Draft PEIR is hereby amended as follows: Figure 4.14-89 Existing Fixed Route Transit Service (2017) The first paragraph on page 4.14-26 of the Draft PEIR is hereby amended as follows: Figure 4.14-910 presents the existing bicycle facilities in the Plan Area; the bicycle network consists of only Class II bike lanes present on a small fraction of the existing roadway network. The last paragraph on page 4.14-26 of the Draft PEIR is hereby amended as follows: Figure 4.14-101 shows the existing presence of sidewalks in the Plan Area. The title of Figure 4.14-9 on page 4.14-27 of the Draft PEIR is hereby amended as follows: Figure 4.14-910 Existing Bicycle Facilities (2017) The title of Figure 4.14-10 on page 4.14-28 of the Draft PEIR is hereby amended as follows: Figure 4.14-101 Existing Pedestrian Facilities (2017) The first paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: Development associated with the proposed Plan would increase the amount of vehicle traffic, which would require the improvement and expansion of the roadway network in the Plan Area to serve the associated travel demand. The traffic generated by the proposed Plan will be caused by future development within the Plan Area. Figure 4.14-112 presents the land use map for the Plan Area. Figure 4.14-123 shows the planned number of lanes on the roadway network in the Plan Area. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-27 The second paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: This study uses the TDF model developed for the Fresno General Plan MEIR to forecast the amount of traffic generated by the proposed Plan. For the existing plus proposed Plan scenario, the development potential associated with the proposed Plan was added to the Fresno General Plan MEIR TDF model baseline land uses. The proposed Plan’s land uses included residential units and retail, office, and industrial employment. In addition, the roadway network in the baseline TDF model was updated to match the roadway network presented in Figure 4.14-123. The fourth paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: Figure 4.14-134 presents the resulting daily traffic volumes for the 30 study roadway segments under existing plus proposed Plan’s conditions. Figure 4.14-15 presents the AM and PM peak hour traffic volume forecasts for the eight study intersections under existing plus proposed Plan conditions. The title of Figure 4.14-12 on page 4.14-38 of the Draft PEIR is hereby amended as follows: Figure 4.14-123 Existing Plus Proposed Plan’s Roadway Network (2017) Figure 4.14-13 of the Draft PEIR is included on the next page, as it was omitted from the Draft PEIR. Further, the title of Figure 4.14-13 on page 4.14-39 of the Draft PEIR is hereby amended as follows: Figure 4.14-134 Existing Plus Proposed Plan Daily Roadway Volumes (2017) Table 4.14-8 on page 4.14-40 of the Draft PEIR is hereby amended as follows: TABLE 4.14-8 VMT COMPARISON – EXISTING CONDITIONS AND EXISTING PLUS PROPOSED PLAN (2017) Average Weekday VMT Trip Type Existing Conditions (2017) Existing Plus Proposed Plan Conditions (2017) Internal-to-Internal (I-I) 1,153 41,991 Internal-to-External (I-I) 141,973 815,020 External-to-Internal (I-I) 142,106 813,627 Total 285,232 1,670,638 Source: Fresno COG Countywide Travel Demand Forecasting Model as modified for the proposed Plan. Figure 4.14-13 Existing Plus Project Daily Roadway Volumes Source: Fehr & Peers Transportation Consultants, 2017. Figure 4.14-14 Existing Plus Proposed Plan Daily Roadway Volumes (2017) TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-29 The second paragraph on page 4.14-40 of the Draft PEIR is hereby amended as follows: Table 4.14-9 presents the AM and PM peak hour traffic volumes and LOS for each study roadway segment under existing plus proposed Plan conditions. Figure 4.14-146 presents the AM peak hour roadway LOS under existing plus proposed Plan conditions, while Figure 4.14-157 presents the PM peak hour roadway LOS. As shown in Table 4.14-9, all study roadway segments operate at LOS C or LOS D under existing plus proposed Plan conditions. While many roadway segments go from LOS C under existing conditions to LOS D under existing plus proposed Plan conditions, all roadways continue to operate at an acceptable LOS (i.e., at or better than the LOS standard identified in Tale 4.14 -4). Therefore, the proposed Plan has a less than significant impact on roadway operations. The third paragraph on page 4.14-40 of the Draft PEIR is hereby amended as follows: Ta ble 4.14-10 presents the AM and PM peak hour LOS for each study intersection under existing plus proposed Plan conditions (refer to Appendix HG for calculations). The results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans. This includes adjustments to cycle lengths and shifting green time to phases for movements that experience greater increases in traffic volume. These adjustments in one case (at the intersection of SR-99 Northbound Ramps/East Ave./Jensen Ave.) result in slightly better operations under existing plus proposed Plan conditions than existing conditions due to more efficient use of the traffic signal cycle. The title of Figure 4.14-14 on page 4.14-41 of the Draft PEIR is hereby amended as follows: Figure 4.14-146 Existing Plus Proposed Plan AM Peak Hour Roadway Segment LOS (2017) The title of Figure 4.14-15 on page 4.14-42 of the Draft PEIR is hereby amended as follows: Figure 4.14-157 Existing Plus Proposed Plan PM Peak Hour Roadway Segment LOS (2017) Table 4.14-9 on page 4.14-43 of the Draft PEIR is hereby amended as follows: TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv Whitesbridge Ave.: Marks Ave. to 1. Roeding Dr. 4-lane Divided Collector AM 180 0.12 C 1,280 0.34 D PM 260 0.18 C 1,650 0.44 D Whitesbridge Ave.: Roeding Dr. 2. to Thorne Ave. 2-lane Undivided Collector AM 110 0.08 C 360 0.24 D PM 210 0.14 C 560 0.38 D Kearney Blvd.: Marks Ave. to 3. West Ave. 2-lane Undivided Collector AM 290 0.19 C 730 0.50 D PM 210 0.14 C 710 0.48 D Kearney Blvd.: West Ave. to 4. Thorne Ave. 2-lane Undivided Collector AM 240 0.16 C 620 0.42 D PM 170 0.12 C 600 0.41 D California Ave.: Marks Ave. to 5. West Ave. 2-lane Collector with TWLTL AM 180 0.12 C 440 0.25 D PM 170 0.12 C 480 0.27 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-30 OCTOBER 2017 TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv California Ave.: West Ave. to 6. Fresno St. 4-lane Divided Arterial AM 350 0.19 C 1,350 0.36 D PM 430 0.23 C 1,510 0.40 D California Ave.: Fresno St. to 7. Martin Luther King Jr. Blvd. 2-lane Arterial with TWLTL AM 590 0.34 D 790 0.45 D PM 550 0.31 D 790 0.45 D Ventura St: Martin Luther King Jr. 8. Blvd. to B St.reet 4-lane Divided Arterial AM 930 0.25 C 2,100 0.56 D PM 840 0.22 C 2,130 0.57 D Church Ave.: Marks Ave. to 9. West Ave. 2-lane Undivided Collector AM 80 0.05 C 570 0.39 D PM 120 0.08 C 670 0.45 D Church Ave.: West Ave. to 10. Walnut Ave. 2-lane Collector with TWLTL AM 150 0.10 C 690 0.39 D PM 170 0.11 C 770 0.44 D Church Ave.: Walnut Ave. to 11. Elm Ave. 2-lane Collector with TWLTL AM 390 0.22 C 870 0.49 D PM 370 0.21 C 880 0.50 D Jensen Ave.: Marks Ave. to 12. West Ave. 2-lane Undivided Arterial AM 320 0.22 C 390 0.27 D PM 410 0.28 D 510 0.34 D Jensen Ave.: West Ave. to 13. Walnut Ave. 4-lane Divided Arterial AM 420 0.28 D 1,300 0.35 D PM 560 0.38 D 1,520 0.41 D Jensen Ave.: Walnut Ave. to 14. Elm Ave. 4-lane Divided Arterial AM 730 0.20 C 2,110 0.56 D PM 920 0.25 C 2,320 0.62 D North Ave.: Walnut Ave. to 15. Elm Ave. 2-lane Arterial with TWLTL AM 380 0.26 D 1,060 0.60 D PM 340 0.23 D 1,150 0.65 D Marks Ave.: Whitesbridge Ave. to 16. California Ave. 4-lane Divided Arterial AM 620 0.34 D 1,790 0.48 D PM 670 0.36 D 2,050 0.55 D Marks Ave.: California Ave. to 17. Jensen Ave. 2-lane Undivided Arterial AM 140 0.10 C 100 0.07 C PM 210 0.14 C 170 0.12 C Hughes Ave./Roeding Dr.: 18. Nielsen Ave. to Whitesbridge Ave. 4-lane Divided Collector AM 200 0.05 C 660 0.18 C PM 230 0.06 C 760 0.20 C Hughes Ave.: Whitesbridge Ave. 19. to California Ave. 2-lane Undivided Collector AM 20 0.02 C 420 0.29 D PM 50 0.03 C 530 0.36 D Hughes Ave.: California Ave. to 20. Church Ave. 2-lane Undivided Collector AM 20 0.01 C 260 0.18 C PM 30 0.02 C 320 0.22 C Roeding Dr./West Ave.: 21. Whitesbridge Av. to California Av. 2-lane Divided Collector AM 80 0.06 C 410 0.22 C PM 80 0.05 C 440 0.24 C West Ave.: California Ave. to 22. Jensen Ave. 2-lane Collector with TWLTL AM 70 0.05 C 530 0.30 D PM 80 0.05 C 580 0.33 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-31 TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv Fruit Ave.: California Ave. to 23. Jensen Ave. 2-lane Undivided Collector AM 140 0.09 C 750 0.51 D PM 180 0.12 C 810 0.55 D Thorne Ave.: Whitesbridge Ave. 24. to California Ave. 2-lane Collector with TWLTL AM 240 0.14 C 510 0.29 D PM 270 0.15 C 600 0.34 D Walnut Ave.: California Ave. to 25. Jensen Ave. 2-lane Undivided Collector AM 380 0.26 D 1,030 0.70 D PM 350 0.24 D 1,100 0.74 D Walnut Ave.: Jensen Ave. to 26. North Ave. 2-lane Collector with TWLTL AM 20 0.01 C 730 0.41 D PM 50 0.04 C 820 0.47 D Martin Luther King Jr. Blvd.: 27. California Ave. to Jensen Ave. 2-lane Collector with TWLTL AM 500 0.28 D 1,370 0.78 D PM 520 0.29 D 1,400 0.80 D Martin Luther King Jr. Blvd.: 28. Jensen Ave. to North Ave. 2-lane Collector with TWLTL AM 330 0.22 C 1,050 0.60 D PM 290 0.20 C 1,070 0.61 D Elm Ave.: Ventura St to 29. Jensen Ave. 4-lane Divided Arterial AM 290 0.08 C 580 0.16 C PM 600 0.16 C 970 0.26 C Elm Ave.: Jensen Ave. to 30. North Ave. 2-lane Divided Arterial AM 240 0.06 C 670 0.36 D PM 420 0.11 C 920 0.49 D a. Roadway classifications reflect changes proposed by proposed Plan. Descriptions of classifications are presented in the Local Roadways section: Undivided = roadways without physical separation between opposing directions of travel TWLTL = two-way left-turn lane: a center lane exclusively for left-turning vehicles from either direction, which also provides space between opposing directions of travel Divided = roadways with physical separation between opposing directions of travel, such as a raised median b. Volume-to-capacity ratio; capacity defined as the LOS E/F threshold as presented in Table 4.15-5. c. Level of service based on volume thresholds presented in Table 4.15-5. Source: Fehr & Peers, 2017. Table 4.14-10 on page 4.14-45 of the Draft PEIR is hereby amended as follows: TABLE 4.14-10 PEAK HOUR INTERSECTION OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Delaya LOSb Delaya LOSb SR-41 Southbound Ramps/Jensen Ave. 1.Signal AM 9 A 22 C PM 7 A 22 C SR-41 Northbound Ramps/Jensen Ave. 2.Signal AM 4 A 4 A PM 4 A 5 A SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-32 OCTOBER 2017 TABLE 4.14-10 PEAK HOUR INTERSECTION OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Delaya LOSb Delaya LOSb SR-99 Southbound Ramps/East Ave./Jensen Ave. 3.Signal AM 61 E 61 E PM 29 C 35 D SR-99 Northbound Ramps/East Ave./Jensen Ave. 4.Signal AM 53 D 39 D PM 46 D 31 C SR-41 Southbound Ramps/North Ave. 5.Signal AM 23 C 53 D PM 13 B 45 D SR-41 Northbound Ramps/North Ave. 6.Signal AM 9 A 18 B PM 12 B 28 C SR-99 Southbound Ramps/Fresno St. 7.Signal AM 24 C 27 C PM 18 B 25 C SR-99 Northbound Ramps/Fresno St. 8.Signal AM 15 B 19 B PM 19 B 32 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The third paragraph on page 4.14-45 of the Draft PEIR is hereby amended as follows: As described above, the proposed Plan would have a less than significant effect on roadway operations, intersection operations, and freeway off-ramp queuing. While the proposed Plan would add trips to the roadway network, the resulting roadway, intersection, and freeway off-ramp conditions would not conflict with applicable plans, ordinances, or policies establishing measures of effectiveness (i.e., delay, LOS, and queue lengths) for the performance of the circulation system. Therefore, this impact is less than significant. Table 4.14-11 on page 4.14-46 of the Draft PEIR is hereby amended as follows: TABLE 4.14-11 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) SR-41 Southbound Off-Ramp at Jensen Ave. 1.1,380 ft. 420 ft. AM 75 ft. 600 ft.* PM 75 ft. 550 ft.* SR-41 Northbound Off-Ramp at Jensen Ave. 2.1,470 ft. 420 ft. AM 50 ft. 50 ft. PM 50 ft. 50 ft. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-33 TABLE 4.14-11 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) SR-99 Southbound Off-Ramp at Jensen Ave. 3.1,440 ft. 420 ft. AM 625 ft.* 650 ft.* PM 450 ft.* 475 ft.* SR-99 Northbound Off-Ramp at Jensen Ave. 4.1,050 ft. 420 ft. AM 225 ft.* 400 ft.* PM 250 ft.* 475 ft.* SR-41 Southbound Off-Ramp at North Ave. 5.1,575 ft. 270 ft. AM 250 ft. 400 ft.* PM 75 ft. 100 ft. SR-41 Northbound Off-Ramp at North Ave. 6.1,700 ft. 270 ft. AM 25 ft. 50 ft. PM 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Fresno St. 7.1,030 ft. 270 ft. AM 100 ft. 400 ft.* PM 150 ft. 225 ft. SR-99 Northbound Off-Ramp at Fresno St. 8.1,070 ft. 270 ft. AM 75 ft. 100 ft. PM 100 ft. 125 ft. Note: * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The second paragraph on page 4.14-46 of the Draft PEIR is hereby amended as follows: As described above, the Pproposed Plan would have a less than significant effect on roadway operations, intersection operations, and freeway off-ramp queuing. While the pProposed Plan would add trips to the roadway network, the resulting roadway, intersection, and freeway off-ramp conditions would not conflict with applicable plans, ordinances, or policies establishing measures of effectiveness (i.e., delay, LOS, and queue lengths) for the performance of the circulation system. Therefore, this impact is less than significant. The third through eighth policy text on page 4.14-49 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.1: Work with existing industrial and heavy commercial businesses to identify alternative truck routes that limit negative impacts on sensitive areas while maintaining an efficient movement of goods. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-34 OCTOBER 2017 Policy T-910.3: Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left-turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.2 Identify streets with excessive vehicular ROW that are opportunities to implement traffic calming and other improvements to slow traffic and provide options for multi-modal travel. Policy T-101.3 Encourage lower vehicular travel speeds for collector and local streets in the Plan Area. This could be accomplished through traffic calming measures, narrower travel lanes, reducing the number of travel lanes, neighborhood speed watch/traffic management programs, or speed enforcement programs. The fourth through sixth bullets on page 4.14-52 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.3 Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left-turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in this chapter. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-35 Goal T-112: Foster a healthy lifestyle in Southwest Fresno through encouraging active forms of transportation such as walking and bicycling as an alternative to motorized modes of travel. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. The first and second policy text on page 4.14-53 of the Draft PEIR are hereby amended as follows: Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. Goal T-134: Ensure that Southwest Fresno’s transportation infrastructure is in well-maintained conditions to provide a comfortable travel experience for pedestrians and bicyclists. Policy T-134.2 Monitor the conditions of roadways to ensure the repair and resurfacing of cracked and uneven roadway surfaces to provide a smooth and even surface for bicycling. The first paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 shows the planned number of lanes on the roadway network in the Plan Area under cumulative conditions. The third paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: To forecast cumulative traffic levels with the proposed Plan, the development potential associated with the proposed Plan was included in the Fresno General Plan MEIR TDF model representing 2035 conditions with the Fresno General Plan. This model includes development consistent with the Fresno General Plan and Fresno Downtown pPlans outside of the Plan Area, as well as the roadway projects identified above to match the roadway network presented in Figure 4.14-168. The title of Figure 4.14-16 on page 4.14-55 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 Cumulative Roadway Network (2035) The first paragraph on page 4.14-56 of the Draft PEIR is hereby amended as follows: Figure 4.14-179 presents the resulting daily traffic volumes for the 30 study roadway segments under cumulative conditions. Figure 4.14-20 presents the AM and PM peak hour traffic volume forecasts for the eight study intersections under cumulative conditions. The third paragraph on page 4.14-56 of the Draft PEIR is hereby amended as follows: Table 4.14-13 presents the AM and PM peak hour traffic volumes and LOS for each study roadway segment under cumulative conditions. Figure 4.14-1821 presents the AM peak hour roadway LOS under cumulative conditions, while Figure 4.14-1922 presents the PM peak hour roadway LOS. As shown in Table SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-36 OCTOBER 2017 4.14-13, all study roadway segments operate at LOS C or LOS D under cumulative conditions, with the exception of the following roadway segments. Table 4.14-12 on page 4.14-56 of the Draft PEIR is hereby amended as follows: TABLE 4.14-12 VMT COMPARISON – EXISTING CONDITIONS (2017) AND CUMULATIVE CONDITIONS (2035) Trip Type Average Weekday VMT Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Internal-to-Internal (I-I) 1,153 41,991 27,182 Internal-to-External (I-I) 141,973 815,020 890,302 External-to-Internal (I-I) 142,106 813,627 888,624 Total 285,232 1,670,638 1,806,108 Source: Fresno COG Countywide Travel Demand Forecasting Model as modified for the proposed Plan. The title of Figure 4.14-17 on page 4.14-57 of the Draft PEIR is hereby amended as follows: Figure 4.14-179 Cumulative Daily Roadway Volumes (2035) The title of Figure 4.14-18 on page 4.14-58 of the Draft PEIR is hereby amended as follows: Figure 4.14-18 21 Cumulative AM Peak Hour Roadway Segment LOS (2035) The title of Figure 4.14-19 on page 4.14-59 of the Draft PEIR is hereby amended as follows: Figure 4.14-1922 Cumulative PM Peak Hour Roadway Segment LOS (2035) Table 4.14-13 on page 4.14-60 of the Draft PEIR is hereby amended as follows: TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Whitesbridge Ave.: 1. Marks Ave. to Roeding Dr. 4-lane Divided Collector AM 180 0.12 C 1,280 0.34 D 1,970 0.53 D PM 260 0.18 C 1,650 0.44 D 2,310 0.62 D Whitesbridge Ave.: 2. Roeding Dr. to Thorne Ave. 2-lane Collector with TWLTL AM 110 0.08 C 360 0.24 D 1,120 0.63 D PM 210 0.14 C 560 0.38 D 1,340 0.76 D Kearney Blvd.: Marks Ave. 3. to West Ave. 2-lane Undivided Collector AM 290 0.19 C 730 0.50 D 970 0.65 D PM 210 0.14 C 710 0.48 D 1,000 0.68 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-37 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Kearney Blvd.: West Ave. 4. to Thorne Ave. 2-lane Undivided Collector AM 240 0.16 C 620 0.42 D 1,090 0.73 D PM 170 0.12 C 600 0.41 D 1,150 0.78 D California Ave.: 5. Marks Ave. to West Ave. 2-lane Collector with TWLTL AM 180 0.12 C 440 0.25 D 1,030 0.58 D PM 170 0.12 C 480 0.27 D 1,140 0.65 D California Ave.: West Ave. 6. to Fresno St. 4-lane Divided Arterial AM 350 0.19 C 1,350 0.36 D 2,280 0.61 D PM 430 0.23 C 1,510 0.40 D 2,700 0.72 D California Ave.: Fresno St. 7. to Martin Luther KingLK Jr. Blvd. 2-lane Arterial with TWLTL AM 590 0.34 D 790 0.45 D 1,200 0.68 D PM 550 0.31 D 790 0.45 D 1,340 0.76 D Ventura St: Martin Luther 8. KingLK Jr. Blvd. to B St.reet 4-lane Divided Arterial AM 930 0.25 C 2,100 0.56 D 2,570 0.69 D PM 840 0.22 C 2,130 0.57 D 2,860 0.77 D Church Ave.: Marks Ave. 9. to West Ave. 2-lane Undivided Collector AM 80 0.05 C 570 0.39 D 670 0.45 D PM 120 0.08 C 670 0.45 D 740 0.50 D Church Ave.: West Ave. to 10. Walnut Ave. 2-lane Collector with TWLTL AM 150 0.10 C 690 0.39 D 1,140 0.65 D PM 170 0.11 C 770 0.44 D 1,240 0.71 D Church Ave.: Walnut Ave. 11. to Elm Ave. 2-lane Collector with TWLTL AM 390 0.22 C 870 0.49 D 1,780 1.01 F PM 370 0.21 C 880 0.50 D 1,830 1.04 F Jensen Ave.: Marks Ave. 12. to West Ave. 4-lane Divided Arterial AM 320 0.22 C 390 0.27 D 1,790 0.48 D PM 410 0.28 D 510 0.34 D 2,130 0.57 D Jensen Ave.: West Ave. 13. to Walnut Ave. 4-lane Divided Arterial AM 420 0.28 D 1,300 0.35 D 2,080 0.56 D PM 560 0.38 D 1,520 0.41 D 2,530 0.68 D Jensen Ave.: Walnut Ave. 14. to Elm Ave. 4-lane Divided Arterial AM 730 0.20 C 2,110 0.56 D 2,870 0.77 D PM 920 0.25 C 2,320 0.62 D 3,260 0.87 D North Ave.: Walnut Ave. 15. to Elm Ave. 2-lane Arterial with TWLTL AM 380 0.26 D 1,060 0.60 D 1,500 0.85 D PM 340 0.23 D 1,150 0.65 D 1,620 0.92 E Marks Ave.: Whitesbridge 16. Ave. to California Ave. 4-lane Divided Arterial AM 620 0.34 D 1,790 0.48 D 2,400 0.64 D PM 670 0.36 D 2,050 0.55 D 2,830 0.76 D Marks Ave.: California 17. Ave. to Jensen Ave. 4-lane Divided Arterial AM 140 0.10 C 100 0.07 C 1,290 0.35 D PM 210 0.14 C 170 0.12 C 1,500 0.40 D Hughes Ave./Roeding Dr.: 18. Nielsen Ave. to Whitesbridge Ave. 4-lane Divided Collector AM 200 0.05 C 660 0.18 C 1,600 0.43 D PM 230 0.06 C 760 0.20 C 1,890 0.51 D Hughes Ave.: 19. Whitesbridge Ave. to California Ave. 2-lane Undivided Collector AM 20 0.02 C 420 0.29 D 880 0.60 D PM 50 0.03 C 530 0.36 D 920 0.62 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-38 OCTOBER 2017 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Hughes Ave.: California 20. Ave. to Church Ave. 2-lane Undivided Collector AM 20 0.01 C 260 0.18 C 660 0.44 D PM 30 0.02 C 320 0.22 C 750 0.51 D Roeding Dr./West Ave.: 21. Whitesbridge Ave. to California Ave. 2-lane Divided Collector AM 80 0.06 C 410 0.22 C 1,010 0.54 D PM 80 0.05 C 440 0.24 C 1,140 0.61 D West Ave.: California Ave. 22. to Jensen Ave. 2-lane Collector with TWLTL AM 70 0.05 C 530 0.30 D 1,270 0.72 D PM 80 0.05 C 580 0.33 D 1,320 0.75 D Fruit Ave.: California Ave. 23. to Jensen Ave. 2-lane Undivided Collector AM 140 0.09 C 750 0.51 D 870 0.59 D PM 180 0.12 C 810 0.55 D 950 0.64 D Thorne Ave.: 24. Whitesbridge Ave. to California Ave. 2-lane Collector with TWLTL AM 240 0.14 C 510 0.29 D 700 0.39 D PM 270 0.15 C 600 0.34 D 810 0.46 D Walnut Ave.: California 25. Ave. to Jensen Ave. 2-lane Undivided Collector AM 380 0.26 D 1,030 0.70 D 1,200 0.81 D PM 350 0.24 D 1,100 0.74 D 1,370 0.93 E Walnut Ave.: Jensen Ave. 26. to North Ave. 2-lane Collector with TWLTL AM 20 0.01 C 730 0.41 D 1,160 0.66 D PM 50 0.04 C 820 0.47 D 1,240 0.71 D Martin Luther King Jr. 27. Blvd.: California Ave. to Jensen Ave. 2-lane Collector with TWLTL AM 500 0.28 D 1,370 0.78 D 1,420 0.80 D PM 520 0.29 D 1,400 0.80 D 1,520 0.86 D Martin Luther King Jr. 28. Blvd.: Jensen Ave. to North Ave. 2-lane Collector with TWLTL AM 330 0.22 C 1,050 0.60 D 1,090 0.62 D PM 290 0.20 C 1,070 0.61 D 1,120 0.64 D Elm Ave.: Ventura St. to 29. Jensen Ave. 4-lane Divided Arterial AM 290 0.08 C 580 0.16 C 1,090 0.29 D PM 600 0.16 C 970 0.26 C 1,630 0.44 D Elm Ave.: Jensen Ave. to 30. North Ave. 2-lane Divided Arterial AM 240 0.06 C 670 0.36 D 770 0.41 D PM 420 0.11 C 920 0.49 D 1,090 0.58 D Notes: BOLD text indicates the roadway operates at an unacceptable LOS based on the LOS standards presented in Table 4.14-5. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. Roadway classifications reflect cumulative roadway configuration (see The third through eighth policy text on page 4.14-49 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.1: Work with existing industrial and heavy commercial businesses to identify alternative truck routes that limit negative impacts on sensitive areas while maintaining an efficient movement of goods. Policy T-910.3: Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-39 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left- turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.2 Identify streets with excessive vehicular ROW that are opportunities to implement traffic calming and other improvements to slow traffic and provide options for multi- modal travel. Policy T-101.3 Encourage lower vehicular travel speeds for collector and local streets in the Plan Area. This could be accomplished through traffic calming measures, narrower travel lanes, reducing the number of travel lanes, neighborhood speed watch/traffic management programs, or speed enforcement programs. The fourth through sixth bullets on page 4.14-52 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.3 Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left- turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in this chapter. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-40 OCTOBER 2017 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Goal T-112: Foster a healthy lifestyle in Southwest Fresno through encouraging active forms of transportation such as walking and bicycling as an alternative to motorized modes of travel. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. The first and second policy text on page 4.14-53 of the Draft PEIR are hereby amended as follows: Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. Goal T-134: Ensure that Southwest Fresno’s transportation infrastructure is in well-maintained conditions to provide a comfortable travel experience for pedestrians and bicyclists. Policy T-134.2 Monitor the conditions of roadways to ensure the repair and resurfacing of cracked and uneven roadway surfaces to provide a smooth and even surface for bicycling. The first paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 shows the planned number of lanes on the roadway network in the Plan Area under cumulative conditions. The third paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: To forecast cumulative traffic levels with the proposed Plan, the development potential associated with the proposed Plan was included in the Fresno General Plan MEIR TDF model representing 2035 conditions with the Fresno General Plan. This model includes development consistent with the Fresno General Plan and Fresno Downtown pPlans outside of the Plan Area, as well as the roadway projects identified above to match the roadway network presented in Figure 4.14-168. The title of Figure 4.14-16 on page 4.14-55 of the Draft PEIR is hereby amended as follows: 4.14-169). Descriptions of classifications are presented in the Local Roadways section: Undivided = roadways without physical separation between opposing directions of travel TWLTL = two-way left-turn lane: a center lane exclusively for left-turning vehicles from either direction, which also provides space between opposing directions of travel Divided = roadways with physical separation between opposing directions of travel, such as a raised median b. Volume-to-capacity ratio; capacity defined as the LOS E/F threshold as presented in Table 4.14-6. c. Level of service based on volume thresholds presented in Table 4.14-6. Source: Fehr & Peers, 2017. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-41 The fifth paragraph on page 4.14-62 of the Draft PEIR is hereby amended as follows: Table 4.14-14 presents the AM and PM peak hour LOS for each study intersection under cumulative conditions (refer to Appendix HG for calculations). As shown in Table 4.14-14, the following intersections would operate at LOS E or LOS F under cumulative conditions during the AM peak hour, PM peak hour, or both AM and PM peak hours: Table 4.14-14 on page 4.14-63 of the Draft PEIR is hereby amended as follows: TABLE 4.14-14 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS (2035) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Delaya LOSb Delaya LOSb Delaya LOSb SR-41 Southbound Ramps/Jensen Ave. 1.Signal AM 9 A 2722 C 33 C PM 7 A 22 C 35 D SR-41 Northbound Ramps/Jensen Ave. 2.Signal AM 4 A 4 A 5 A PM 4 A 5 A 5 A SR-99 Southbound Ramps/East 3. Ave./Jensen Ave. Signal AM 61 E 61 E 109 F PM 29 C 35 D 119 F SR-99 Northbound Ramps/East 4. Ave./Jensen Ave. Signal AM 53 D 94 39 F D 73 E PM 46 D 74 31 E C 50 D SR-41 Southbound Ramps/North Ave. 5.Signal AM 23 C 94 53 F D 100 F PM 13 B 91 45 F D 48 D SR-41 Northbound Ramps/North Ave. 6.Signal AM 9 A 56 18 E B 25 C PM 12 B 104 28 F C 45 D SR-99 Southbound Ramps/Fresno St. 7.Signal AM 24 C 51 27 D C 60 E PM 18 B 51 25 D C 59 E SR-99 Northbound Ramps/Fresno St. 8.Signal AM 15 B 18 19 B 33 C PM 19 B 54 32 D C 75 E Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-42 OCTOBER 2017 Table 4.14-15 on page 4.14-64 of the Draft PEIR is hereby amended as follows: TABLE 4.14-15 PEAK HOUR FREEWAY OFF-RAMP QUEUING – CUMULATIVE CONDITIONS (2035) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) SR-41 Southbound Off-Ramp at Jensen 1. Ave. 1,380 ft. 420 ft. AM 75 ft. 600 ft.* 950 ft.* PM 75 ft. 550 ft.* 1,125 ft.* SR-41 Northbound Off-Ramp at Jensen 2. Ave. 1,470 ft. 420 ft. AM 50 ft. 50 ft. 50 ft. PM 50 ft. 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Jensen 3. Ave. 1,440 ft. 420 ft. AM 625 ft.* 650 ft.* 1,175 ft.* PM 450 ft.* 475 ft.* 1,100 ft.* SR-99 Northbound Off-Ramp at Jensen 4. Ave. 1,050 ft. 420 ft. AM 225 ft.* 400 ft.* 600 ft.* PM 250 ft.* 500 ft.* 650 ft.* SR-41 Southbound Off-Ramp at North 5. Ave. 1,575 ft. 270 ft. AM 250 ft. 275 ft.* 1,100 ft.* PM 75 ft. 75 ft. 875 ft.* SR-41 Northbound Off-Ramp at North 6. Ave. 1,700 ft. 270 ft. AM 25 ft. 50 ft. 75 ft. PM 50 ft. 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Fresno 7. St. 1,030 ft. 270 ft. AM 100 ft. 400 ft.* 750 ft.* PM 150 ft. 150 ft. 500 ft.* SR-99 Northbound Off-Ramp at Fresno 8. St. 1,070 ft. 270 ft. AM 75 ft. 100 ft. 550 ft.* PM 100 ft. 125 ft. 525 ft.* Notes: BOLD text indicates the off-ramp queue is expected to extend back through the entire off-ramp and onto the freeway mainline. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The first full paragraph on page 4.14-67 of the Draft PEIR is hereby amended as follows: In addition to addressing intersection operations, the changes identified above also address freeway off- ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix HG for calculations). SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-43 Table 4.14-16 on page 4.14-67 of the Draft PEIR is hereby amended as follows: TABLE 4.14-16 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS WITH MITIGATIONS (2035) Traffic Control Peak Hour Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) Intersection Delaya LOSb Delaya LOSb Delaya LOSb 3. SR-99 Southbound Ramps/East Ave./Jensen Ave. Signal AM 61 E 109 F 46 D PM 29 C 119 F 52 D 4. SR-99 Northbound Ramps/East Ave./Jensen Ave. Signal AM 53 D 73 E 27 C PM 46 D 50 D 27 C 5. SR-41 Southbound Ramps/North Ave. Signal AM 23 C 100 F 34 C PM 13 B 48 D 22 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The first full paragraph on page 4.14-68 of the Draft PEIR is hereby amended as follows: With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 17 below (refer to Appendix HG for calculations). Table 4.14-17 on page 4.14-68 of the Draft PEIR is hereby amended as follows: TABLE 4.14-17 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS WITH MITIGATIONS (2035) Traffic Control Peak Hour Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) Intersection Delaya LOSb Delaya LOSb Delaya LOSb 7. SR-99 Southbound Ramps/Fresno St. Signal AM 24 C 60 E 46 D PM 18 B 59 E 52 D 8. SR-99 Northbound Ramps/Fresno St. Signal AM 15 B 33 C 27 C PM 19 B 75 E 27 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The third paragraph on page 4.14-69 of the Draft PEIR is hereby amended as follows: Table 4.14-18 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix HG for calculations). While these SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-44 OCTOBER 2017 changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off-ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. Table 4.14-18 on page 4.14-69 of the Draft PEIR is hereby amended as follows: TABLE 4.14-18 PEAK HOUR FREEWAY OFF-RAMP QUEUING – CUMULATIVE CONDITIONS WITH MITIGATIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) 1. SR-41 Southbound Off-Ramp at Jensen Ave. 1,380 ft. 420 ft. AM 75 ft. 950 ft.* 550 ft. PM 75 ft. 1,125 ft.* 675 ft.* 3. SR-99 Southbound Off-Ramp at Jensen Ave. 1,440 ft. 420 ft. AM 625 ft.* 1,175 ft.* 625 ft.* PM 450 ft.* 1,100 ft.* 650 ft.* 4. SR-99 Northbound Off-Ramp at Jensen Ave. 1,050 ft. 420 ft. AM 225 ft.* 600 ft.* 250 ft. PM 250 ft.* 650 ft.* 450 ft.* 5. SR-41 Southbound Off-Ramp at North Ave. 1,575 ft. 270 ft. AM 250 ft. 1,100 ft.* 550 ft. PM 75 ft. 875 ft.* 275 ft. 7. SR-99 Southbound Off-Ramp at Fresno St. 1,030 ft. 270 ft. AM 100 ft. 750 ft.* 500 ft. PM 150 ft. 500 ft.* 475 ft.* Notes: BOLD text indicates the off-ramp queue extends through the entire off-ramp and onto the freeway mainline. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. 3.11 REVISIONS TO CHAPTER 4.15, UTILITY SYSTEMS The discussion under Impact UTIL-5 on page 4.15-21 of the Draft PEIR is hereby amended as follows: As shown in Table 4.15-4, the proposed Plan would increase water use by 3 percent compared to the adopted General Plan. Such an increase in water use would occur throughout the Plan Area; some areas would experience and increase while other areas would experience a decrease. Similar to the adopted General Plan, water use is projected to increase as growth occurs through the planning horizon year. During this time, the structure of water supply and distribution systems will vary in design but the costs and basic infrastructure for both alternatives are similar and for planning purposes equivalent with SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-45 respect to scope and cost for both fixed and operating costs. For the purposes of the water supply, it was assumed growth within the Plan Area will occur as described earlier in this draft EIR, on currently vacant or underutilized parcels. To reduce the potential impacts associated with increased water use, the City will be required to increase water supplies. The City is currently in the process of a decades-long effort to change from an almost exclusive reliance on groundwater to providing the majority of its water from newly developed surface water sources. The potential long-term impacts related to water supply, treatment and distribution requirements of the baseline versus proposed plans differ by 3 percent and are In the context of the City’s long-term improvement plans for water treatment and distribution, requirements of the baseline General Plan, and the proposed difference of 3 percent for the proposed plan, the difference is considered nominal and therefore, less than significant for full implementation of the proposed Plan. The discussion under Impact UTIL-6 on page 4.15-22 of the Draft PEIR is hereby amended as follows: As shown in Table 4.15-4, the proposed Plan would increase water use by 3 percent from the current General Plan. Such an increase in water use would occur throughout the Plan Area; some areas would experience and increase while other areas would experience a decrease. Under both the proposed Plan and the adopted General Plan, water use is projected to increase as growth occurs through the planning horizon year. The City would be required to increase water supplies to accommodate the growth projected under both the adopted General Plan and the proposed Plan. The City is undergoing a decades-long process of changing from a nearly exclusive reliance on groundwater to providing the majority of its water from surface water sources. As a tiered EIR from the adopted General Plan MEIR, growth projected under the proposed Plan would not result in greater impacts than analyzed in the MEIR, as policies in the adopted General Plan would reduce the potential impacts associated with increasing the City’s available and sustainable water supply, including those associated with the proposed Plan. In the context of the City’s long-term improvement plans for water supply, requirements of the baseline General Plan, and the proposed Plan difference of 3 percent, the increase is nominal and less than significant. Waste supply and impacts would be less than significant upon compliance with regulatory requirements and proposed policies for full implementation of the proposed Plan. The second full paragraph on page 4.15-27 of the Draft PEIR is hereby amended as follows: Recycled water, an important future water source for the City of Fresno, is not yet utilized in the Plan Area. However, implementation of Tthe proposed Plan presents an opportunity to integrate recycled water use into the associated improvements with buildout of the City of Fresno’s rRecycled water system. Green field installation of a distribution system at the initial development stage provides opportunity to plan SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-46 OCTOBER 2017 optimum recycled water utilization within the Plan Area. According to the City of Fresno Public Utilities Water Division, recycled water “is currently produced and used in small amounts within select areas of the City.” The City plans to increase the supply of recycled water for landscape, irrigation, and other non- potable uses, which would account for 11 percent of the City’s water supply by the year 2025.22 The discussion under Impact UTIL-8 on page 4.15-27 of the Draft PEIR is hereby amended as follows: Recycled water is a major will be a significant contributor to the area’s future water supply system. The principal impact of providing recycled water is the overall water supply rather than direct shortages for end users. This is due to the ability to trade off and supplement recycled water supply from other sources. Overall water impacts are covered in the water supply discussion and omitted here. Under Impacts UTIL-5 and UTIL-6, impacts were found to be less than significant. Therefore, impacts related to the construction of new reclaimed water treatment facilities or expansion of baseline facilities would be less than significant. Benefits and advantages of recycled water fundamentally derive from its ability to reduce overall water supply requirements by effectively allowing water to be “used” more than a single time. The impacts of reclaimed water treatment facilities are likewise intertwined with ground water and surface water treatment facility capacity and expansion. Therefore, there is a self-mitigating effect with respect to recycled water facilities that offsets incremental increases in recycled water capacity with decreases in water supply and treatment requirements which allows a finding of less than significant impacts with increases in water use for the proposed Plan. The discussion under Impact UTIL-9 on page 4.15-28 of the Draft PEIR is hereby amended as follows: Recycled water supply shortage impacts would be significant both in real impacts but also in the cost of non-compliance with regulatory requirements and proposed policies. Mitigation measures are those identified in the wastewater supply discussion, As discussed under Impact UTIL-1, implementation of the approved Fresno General Plan and therefore the proposed Plan will result in the need for expansion and new wastewater treatment facilities to serve projected growth. In addition, according to the City of Fresno Metropolitan Water Resources Management Plan Phase 2, the expansion and new surface water treatment facilities will be needed to increase water supplies within the Plan Area. However, as described in Section 4.15.3.1 above, the purpose of the State of California’s Recycled Water Policy is to increase the use of recycled water from municipal wastewater sources in a manner that implements State and federal water quality laws. When used in compliance with the Recycled Water Policy, water recycling criteria in Title 22 of the California Code of Regulations, and all applicable State and federal water quality laws, the State Water Board finds that recycled water is safe for approved uses. The State Water Board strongly supports recycled water as a safe alternative to potable water for such approved uses. Further, Wwith implementation of MEIR Mitigation Measures USS-1 through USS-3, impacts related to the sufficient of reclaimed water supplies available to serve the proposed Plan would be less than significant. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-47 The discussion under Impact UTIL-10 on page 4.15-28 of the Draft PEIR is hereby amended as follows: The study area for cumulative impacts regarding recycled water supply is the City of Fresno Planning Area and the groundwater basins from which the Plan Area derives water. As discussed under Impact UTIL-3, implementation of the proposed Plan would result in the need for expansion and new wastewater treatment facilities to serve projected growth. This significance is mitigated by implementation of MEIR Mitigation Measures USS-1 through USS-3. However, as described in Section 4.15.3.1 above, the purpose of the State of California’s Recycled Water Policy is to increase the use of recycled water from municipal wastewater sources in a manner that implements State and federal water quality laws. When used in compliance with the Recycled Water Policy, water recycling criteria in Title 22 of the California Code of Regulations, and all applicable State and federal water quality laws, the State Water Board finds that recycled water is safe for the approved uses. The State Water Board strongly supports recycled water as a safe alternative to potable water for approved uses. Recycled water supply cumulative impacts would be less than significant upon compliance with regulatory requirements and proposed policies for full implementation of the proposed Plan. With implementation of MEIR Mitigation Measures USS-1 through USS-3, in accordance with State and City of Fresno policies, plans, and requirements, cumulative impacts related to the sufficient supply of reclaimed water to serve the proposed Plan would be less than significant. The third paragraph on page 4.15-32 of the Draft PEIR is hereby amended as follows: Improvements in the irrigation system will be required with implementation of the proposed Plan. Modifications will be required so that facilities are consistent with an developed urban context setting. These improvement costs are not controlled nor borne by the FID, but by developers which lead in determining both the scope and cost of the associated improvements. Those costs are included in general improvement budgets such as street construction and stormwater projects. This is appropriate as no primary irrigation benefit accrues to the utility owner. The requirements of the final design are principally a function of the property developer. As a rule, All work must meet the FID standards and requirements for an urban setting. easement generally remains but Wwhether a canal is preserved as-is, improved, or replaced with a pipeline is determined by the developer of the project FID. In addition, FID is an interested participant and remains the facility owner involved in planning, design, and approving improvements, but scope and costs for these improvements are included in the development projects. Table 4.15-7 on page 4.15-33 is hereby amended as follows: TABLE 4.15-7 DRAINAGE SYSTEM REQUIRED CAPACITY BY DRAINAGE AREA Drainage Area Proposed Plan Watershed Area Basin Sizea (Acres) General Plan Required Basin Volume (Acre-Feet) Proposed Plan Required Basin Volume (Acre-Feet) Difference (%) Basin AR 0.5 .23 .23 0.0% Basin AS 637 126.06 130.79 3.8% SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-48 OCTOBER 2017 TABLE 4.15-7 DRAINAGE SYSTEM REQUIRED CAPACITY BY DRAINAGE AREA Drainage Area Proposed Plan Watershed Area Basin Sizea (Acres) General Plan Required Basin Volume (Acre-Feet) Proposed Plan Required Basin Volume (Acre-Feet) Difference (%) Basin Au 376 70.76 81.07 14.6% Basin AV 526 178.00 148.92 -16.3% Basin CEb 0 0.0 0.0% 0.0% Basin CP 311 61.97 53.82 -13.2% Basin CQ 220 46.76 52.25 11.8% Basin FF 273 62.68 62.68 0.0% Basin II1 168 39.88 41.51 4.1% Basin KK 250 79.83 73.61 -7.8% Basin NN 789 170.92 163.35 -4.4% Basin OO 113 33.49 33.46 0.0% Basin RR 12.4 1.41 1.41 0.0% Basin SS 520 117.44 119.28 1.6% Basin TT 563 140.39 138.85 -3.9% Basin ZZ 225 57.59 61.34 6.5% EXEMPT 101 43.86 43.74 -.3% Out of Drainage Area 774 115.03 144.97 26.0% Total 5,859 1,346.3 1347.3 0.1% a. Denotes watershed area (acres) located within Plan Area. b. Drainage area CE is located within the Plan Area; however, the Drainage Area has no contributing watershed within the Plan Area. Source: Blair, Church & Flynn, 2017. PLACEWORKS 4-1 4. List of Commenters Comments on the Draft PEIR were received from the following agencies, organizations, and individuals. Letters are arranged by category and by the date received. Each comment letter has been assigned a number, as indicated below. These letters are included in and responded to in Table 5-1 of this Final PEIR. 4.1 GOVERNMENT AGENCIES AND SERVICE PROVIDERS GOV1 Laurence Kimura, P.E, Chief Engineer, Fresno Irrigation District, September 1, 2017 GOV2 Julie A. Vance, Regional Manager, California Department of Fish and Wildlife, September 21, 2017 GOV3 Michael Navarro, Chief, Transportation Planning - North, California Department of Transportation, September 25, 2017 GOV4 Thomas W. Barth, Barth Daly LLP, Washington Unified School District, September 25, 2017 GOV5 Steven E. White, Director, Fresno County Department of Public Works and Planning, September 25, 2017 GOV6 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District, September 27, 2017 GOV 7 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District, September 28, 2017 4.2 NON-GOVERNMENTAL ORGANIZATIONS & PRIVATE COMPANIES ORG1 Terance Frazier, TFS Investments, LLC, August 11, 2017 ORG2 Lee Ayres, Chief Executive Officer, San Joaquin Green/Tree Fresno, August 27, 2017 ORG3 Christopher Hall, Partner, McCormick Barstow LLP, Darling Ingredients, Inc., September 25, 2017 ORG4 Andy Levine, et al., Leadership Counsel for Justice & Accountability, September 25, 2017 4.3 MEMBERS OF THE PUBLIC PUB1 Gwendolyn Leffall, September 18, 2017 PUB2 Eric Payne, Southwest Fresno Specific Plan Steering Committee Member, September 19, 2017 PUB3 Tat e Hill, Southwest Fresno Specific Plan Steering Committee Member, September 21, 2017 PUB4 Lillie, September 25, 2017 PUB5 Rosalyn Warren, et al., September 19, 2017 SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO LIST OF COMMENTERS 4-2 OCTOBER 2017 4.4 COMMENTS RECEIVED AFTER CLOSE OF THE PUBLIC COMMENT PERIOD GOV8 Brian Clements, Program Manager, San Joaquin Valley Air Pollution Control District, September 28, 2017 PUB6 Jeff Roberts, Southwest Fresno Specific Plan Steering Committee Member, September 28, 2017 PLACEWORKS 5-1 5. Comments and Responses This chapter includes a reproduction of, and responses to, each comment letter on the Draft Program Environmental Impact Report (PEIR) received during the public review period. Comments are presented in their original format in Appendix H, along with annotations that identify each individual comment number. Responses to individual comments are provided in this chapter alongside the text of each corresponding comment. Letters follow the same order as listed in Chapter 4 of this Final EIR and are categorized by:  Governmental Agencies  Private Organizations  Private Individuals Letters are arranged by category and then by date received. Where the same comment has been made more than once, a response may direct the reader to another numbered comment and response. Responses to individual comments are presented in Table 5-1. The California Environmental Quality Act (CEQA) requires the Final EIR to provide written responses to comments received on the environmental analysis in the Draft PEIR during the public review period. The City received several such letters from agencies and the general public, as noted above. However, some of the public comments related to the merits of the proposed Southwest Fresno Specific Plan (referred to as the “proposed Plan”), as opposed to comments on the environmental analysis in the Draft PEIR. CEQA does not require the Final EIR to respond to comments on the merits of the proposed Plan; however, in light of the numerous comments on the merits, the City has prepared the following master responses to explain the basis for not preparing detailed responses on these non-CEQA comments. 5.1 MASTER RESPONSES The following master responses provide a more detailed response to some of the issues of particular concern or that were commonly referred to in the comment letters received on the Draft PEIR. Where appropriate, the responses in Table 5-1 refer the commenter to the some or all of the following master responses to address a particular concern. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-2 OCTOBER 2017 5.1.1 MASTER RESPONSE 1: COMMENTS RELATED TO THE MERITS OF THE PROPOSED SOUTHWEST FRESNO SPECIFIC PLAN During the review period for the Draft PEIR, members of the public submitted several comments that related to the details of the proposed Plan, conveying the commenter’s opinion or addressing the relative consequences or benefits of the proposed Plan (referred to here as “merits of the proposed Plan”), rather than the adequacy of the Draft PEIR or the environmental issues, impacts, and mitigation measures addressed in the Draft PEIR. It is important for the City in its decision-making process to consider both the adequacy of the Draft PEIR and the merits of the proposed Plan. However, the City as Lead Agency is only required by CEQA to respond to comments on pertinent environmental issues related to the adequacy of the Draft PEIR. Section 15204 of the CEQA Guidelines provides direction for parties reviewing and providing comment on a Draft PEIR, as follows: In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Section 15204 continues in relation to the role of the Lead Agency in responding to comments on the Draft PEIR: When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. Where comments in Table 5-1 refer to the merits of the proposed Plan, the response indicates that the comment does not address the adequacy of the Draft PEIR and cross references to this Master Response. Although comments related to the merits of the proposed Plan do not require responses in the Final EIR, they do provide important input to the decision-making process. Therefore, merit- and opinion-based comment letters are included in the Final EIR to be available to the decision-makers when considering whether to adopt the proposed Plan. However, written responses in Table 5-1 will focus on the environmental analysis. All letters received during the public comment period will be forwarded to decision makers. As an effort to specifically address merit- and opinion-based comment letters related to the proposed Plan, responses to these comments are provided in a separate comment matrix, provided by the City. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-3 5.1.2 MASTER RESPONSE 2: SPECULATION WITHOUT SUBSTANTIAL EVIDENCE Multiple comments assert or request that impacts identified as less than significant in the Draft PEIR should be considered significant, or that the significance conclusions of the EIR should otherwise be revised. However, some of the commenters did not provide substantial evidence in support of their assertions regarding changing impact conclusions. Predicting the project’s physical impacts on the environment without firm facts to support the analysis would require a level of speculation that is inappropriate for an EIR. The CEQA analysis included in the Draft PEIR is based on the CEQA Appendix G Checklist, which establishes specific thresholds of significance for each environmental resource category included in Appendix G (i.e., Aesthetics, Air Quality, Biological Resources, etc.). Each impact conclusion in the Draft PEIR is based on those thresholds that are specific to each of the environmental resources categories as the basis for the environmental analysis. CEQA Section 21082.2(a) requires that the Lead Agency “shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.” CEQA Guidelines Section 15384(a) clarifies that: “Substantial evidence”… means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment, does not constitute substantial evidence. CEQA Guidelines Section 15384(b) goes on to state that “substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.” Where there are no facts available to substantiate a commenter’s assertion that the physical environment could ultimately be significantly impacted as a direct result of the project, the City, acting as the Lead Agency, is not required to analyze that effect, nor to mitigate that effect. Section 15204(c) of the CEQA Guidelines advises reviewers that comments should be accompanied by factual support: Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinions supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence. Under CEQA, the decision as to whether an environmental effect should be considered significant is reserved to the discretion of the Lead Agency based on substantial evidence in the record as a whole. The analysis of the Draft PEIR is based on scientific and factual data, which has been reviewed by the Lead Agency and reflects its own independent judgement and conclusions. CEQA permits disagreements of SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-4 OCTOBER 2017 opinion with respect to environmental issues addressed in an EIR. Section 15151 of the CEQA Guidelines states, “[d]isagreeement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among experts.” 5.1.3 MASTER RESPONSE 3: COMMENTS RELATED TO QUALITY OF LIFE, ECONOMICS, OR FINANCIAL ISSUES Multiple comments refer to issues related to quality of life, economic, or financial issues. For example, some of these comments express concerns about effects on local businesses, the local economy, or the enjoyability of the neighborhood with implementation of the proposed Plan. Consistent with the CEQA Guidelines Section 15131, Economic and Social Effects, the Draft PEIR is not meant to address quality of life, and economic or financial issues, rather, the purpose of CEQA and the Draft PEIR is to fully analyze and mitigate the project’s potentially significant physical impacts on the environment to the extent feasible. 5.2 INDIVIDUAL RESPONSES Responses to individual comments are presented in Table 5-1, below. Individual comments are reproduced from the original versions in Appendix H, along with the comment numbers shown in the appendix, followed by the response. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-5 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response A. Governmental Agencies GOV1 9/1/2017 Laurence Kimura, P.E., Chief Engineer, Fresno Irrigation District GOV1-01 The Fresno Irrigation District (FID) has reviewed the Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno (Project). The Specific Plan Area consists of 3,255 acres in size and lies within the southwestern area of the City of Fresno, within Fresno County. The Specific Plan Area is bounded by Highway 180 in the north and by Highway 41 in the east. It does not include the Downtown Neighborhoods Community Plan Area, nor does it include the land currently in Fresno County that is outside city limits but within the Sphere of Influence (SOI) of the City's General Plan, with one exception. The one area in the SOI that is part of the Specific Plan Area is an approximately 115-acre site bounded by Church Avenue on the north, Jensen Avenue on the south, Knight Avenue on the west, and Martin Luther King, Jr. Boulevard on the east. We appreciate the opportunity to review and comment on the subject documents for the proposed Specific Plan. Your proposed Plan is a significant development and requires thorough and careful consideration of all of the potential impacts. Our comments are as follows: Impacted Facilities 1. FID has many canals within the Plan Area as shown on the attached FID exhibit map. The major facilities include: Teilman No. 79, Lower Dry Creek No. 77, Fanning No. 76, Braly No. 14, and Fresno Colony No. 24. FID's canals range from smaller diameter pipelines to large open canals. In many cases, the existing facilities will need to be relocated to accommodate new urban developments which will require new pipelines and new exclusive easements. FID anticipates it will require the same conditions on future projects as it would with any other project located within the common boundary of the City of Fresno and FID. FID will require that it review and approve all maps and plans which impact FID canals and easements. The comment expresses concern regarding Fresno Irrigation District (FID) impacted facilities. As stated under Impact UTIL-12 on page 4.15-34 of the Draft PEIR, discretionary projects under the proposed Plan would be required to comply with all existing applicable regulations, policy, agreements, permitting requirements, and mitigation measures. This includes all required and applicable permits, reviews, and approvals from the City of Fresno, Fresno Metropolitan Flood Control District, FID, and others as required. Further, all required agreements and easements must be executed prior to issuance of construction permits. GOV1-02 2. FID's Kearney Ave Basin No. 189 is located within the Plan Area. The development of the adjacent parcels must consider the potential impacts and protect the basin and the public so that FID's ability to maintain and operate the basin is not impacted or hindered. Please see Response GOV1-01. GOV1-03 3. FID's facilities that are within the Specific Plan Area carry irrigation water for FID users, recharge water for the City, and flood waters during the winter Please see Response GOV1-01. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-6 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response months. In addition to FID's facilities, private facilities also traverse the Specific Plan Area. GOV1-04 Water Supply Impact 4. It appears most of the land within the Specific Plan Area lies within the City Limit and the remainder of the area lies within Growth Area 1 on Exhibit C of the Revised, Amended and Restated Cooperative Agreement Between Fresno Irrigation District and City of Fresno For Water Utilization and Conveyance. The comment describes the jurisdiction of land within the proposed Plan Area, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. While no response is required as part of the CEQA process, it should be noted that the impact discussion on page 4.15-34 of the Draft PEIR describes that development under the proposed Plan will be implemented within all applicable law, code, regulation, policy, agreements, permitting requirements, and mitigation measures. GOV1-05 5. The potential for increase in water consumption by the project will result in additional groundwater overdraft. There is a significant cone of depression beneath the City of Fresno. The Urban Water Management Plan (UWMP) states that the City will have a balanced water supply by 2025, and the goal includes reducing the consumption of gallons per capita per day from 300 to 243. It is assumed that the water users within the City will be willing to use less water. Will that truly be the case? If not, FID is concerned that the increased water demand due to a change in land use will have a significant impact to the groundwater quantity and/or quality underneath the City of Fresno, FID and the Kings Groundwater Sub-basin. The comment expresses concern regarding a significant impact to the groundwater quantity and/or quality underneath the City of Fresno, FID, and the Kings Groundwater Sub-Basin. As shown on Table 4.15-4 on page 4.15-19 of the Draft PEIR and as stated on page 4.15-21 of the Draft PEIR, implementation of the proposed Plan would increase water demand by 3 percent, which would be considered nominal compared to water demand under the adopted General Plan and therefore less than significant. Water consumption rates used to estimate total water demand for the baseline and proposed plan in the Draft PEIR are based on land use classification and density rates and range from 250 to 5,300 gallons per day per acre. Further, as shown on Table 4.15-4 and in Chapter 3, Revisions to the DEIR, the impact discussion under UTIL-5 and UTIL-6 states that future development under the proposed Plan does not directly correspond to increased consumption, as some areas would experience an increase while other areas would experience a decrease in water use. Conversion of agricultural land to urban use also transfers water use from agricultural use to urban use which can offset, and in some cases obviate, increase in water consumption. GOV1-06 6. According to the City's Urban Water Management Plan, the City of Fresno is currently in the process of planning projects which will enable increased use of available surface water supplies and recycled water, and eliminate groundwater overdraft. It is projected that total water supplies and demands will be balanced by the year 2025. FID would like to see the City keep progressing towards this goal, but FID is concerned with the City's progress in balancing the water usage if the necessary offsets for the increased water demands are not accomplished or development occurs at a rate greater than water conservation goals. Please see Response GOV1-05. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-7 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV1-07 As noted in the Draft PEIR, California enacted landmark legislation in 2014 known as the Sustainable Groundwater Management Act (SGMA). The act requires the formation of local groundwater sustainability agencies (GSAs) that must assess conditions in their local water basins and adopt locally-based management plans. FID and the City of Fresno are members of the North Kings Groundwater Sustainability Agency which will manage the groundwater basin within the FID service area. This area is in an overdrafted groundwater basin and SGMA will impact all users of groundwater and those who rely on it. The City of Fresno should consider the impacts of the development on the City's ability to comply with the requirements of SGMA. Please see Response GOV1-05. The ability to comply with the requirements of SGMA were considered with respect to the proposed Plan as compared with the existing approved General Plan. As shown in Table 4.15-4 of the Draft PEIR, implementation of the proposed Plan would result in a 3 percent increase in water demand, which is a nominal increase and would not be expected to impact compliance with SGMA. GOV1-08 The Southwest Fresno Specific Plan (Irrigation Systems Integration page 4.15-32) states that "Improvements in the irrigation system will be required with implementation of the proposed Plan" and that "These improvement costs are not controlled nor borne by FID". This is consistent with FlD's policy for our facilities to be piped or concrete lined in order to transition from an agricultural setting to an urban setting, mitigate for the effects of new development and increased population, and provide for public safety. Please note that the page number cited in the comment refers to the Draft PEIR, not the Specific Plan. Please also see Response GOV1-01. GOV1-09 This same section, Irrigation Systems Integration on page 4.15-32, also states that whether a canal is left as-is, improved, or replaced with a pipeline is determined by the developer of the project. This is not true. The City of Fresno Municipal Code Sections 10-905 (b) and 15-3804 N require all irrigation or drainage canals of a capacity which can be accommodated by a pipeline having an inside diameter of fifty-four inches or less will be required to be piped and trash racks be installed at all newly constructed headwalls or pipe inlets. It should also be noted that all work, whether left as canal or piped, must be improved to meet FID's standards and requirements for an urban setting. Please note that the page number cited in the comment refers to the Draft PEIR, not the Specific Plan. The intent of the language referenced by the commenter was not to infer or grant to project developers any authority to operate outside the bounds of any law or regulation (including Municipal Codes 10-905 or 15-3804 N). All development plans would be subject to plan approvals. As shown in Chapter 3 of this Final EIR, page 4.15-32 has been revised for clarification. GOV1-10 The proposed Southwest Fresno Specific Plan will convert farmland to other land use designations. FID assumes the water allocated to the agricultural land within FID boundary would be converted onto City water rates, assuming the current agreement between the City and FID remains intact. This comment confirms an assumption underlying the Draft PEIR analysis, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV1-11 Conversion of agricultural land for urban use should be done in a manner to limit the area impacted and minimize the impacts to the agricultural industry and agricultural resources caused by urbanization. This comment expresses concern regarding the potential impacts to the agricultural industry and agricultural resources caused by urbanization, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. As stated on page 4.2-8 of the Draft PEIR, no feasible mitigation measures are available for the conversion of "Prime Farmland, Unique Farmland, or Farmland of SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-8 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Statewide Importance (Farmland)…to non-agricultural use" that would occur with implementation of the proposed Plan, and therefore the proposed Plan would result in a significant and unavoidable impact. However, as discussed on page 5.2-12 of the City of Fresno General Plan and Development Code Update Master Environmental Impact Report, Policy RC-9-b of the Fresno General Plan aims to reduce potential project- specific impacts on agricultural uses. Furthermore CEQA does not necessarily account for impacts to the agricultural industry as agricultural land is converted for urban use. Specifically, the project merits, or the economic and social effects of the proposed project, are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the Draft PEIR includes an analysis of the proposed project’s potentially significant physical impacts on the environment and does not include a discussion of the project merits. GOV1-12 According to the Southwest Fresno Specific Plan (Policy PF-3.2), the City is proposing multi-use trail projects that will impact FID's canals right-of-ways. Significant issues remain before FlD's canal system can be used for trail purposes, and FID is currently working with the City of Fresno to create a Master Trails Agreement. In areas where development has not yet occurred, the City must reserve its own right-of-way for trails as part of the development and not be planned to be placed within FlD's canal right-of-way. This comment expresses concern regarding future trails and their effects on FID canal rights-of-way, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Further Policy PF-3.2 of the Specific Plan notes that right-of-way for trails will not be planned to be placed within FID's canal right-of-way. Specifically, it states: "Provide a network of multi-use trails, including along the Fresno Irrigation District (FID) canal right-of-ways, to provide an off-street trail system that is integrated into the transportation network while also providing opportunities for recreation and access to nature and parks." CEQA and the Draft PEIR focuses on the potential impacts associated with the adequacy of utility and service systems to serve development proposed under the proposed Plan. GOV1-13 History and Prior Rights - FID was formed in 1920 as a successor to the privately owned Fresno Canal and Irrigation Company. The assets of the company consisted of over 600 miles of canals and distribution works, which were constructed between the years 1860 and 1900, as well as extensive water rights on the Kings River. In most cases, FID canals pre-date all roads, highways, and railroads. The comment does not address the adequacy of the Draft PEIR. The comment provides history and prior rights related to FID, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. While no response is required as a part of the CEQA process, it should be noted that no usurpation or changes of existing water rights are intended with approval, adoption or implementation of the proposed Plan. As shown on page 4.15-20 of the Draft PEIR, water intended for agricultural use (irrigation), would be provided without the need to change FID water rights. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-9 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV1-14 There will be many FID canals impacted by future road improvements to meet the traffic demands. Significant effort will be required to allow for such growth and expansion in a manner that allows FID to maintain and operate its facilities in an efficient and effective manner. Please see Response GOV1-01. GOV1-15 Small/Medium Canal Crossing Requirements - The majority of the proposed crossings will impact existing pipelines and small open channel canals. Transition from an agricultural setting to an urban setting typically requires FID's existing conveyance system to be converted to Rubber Gasket Reinforced Concrete Pipe (RGRCP) installed to FID's specifications. Please see Response GOV1-01. GOV1-16 Large Canal Crossing Requirements - There are a few large canal crossings that will not be able to be contained within a pipeline. The design shall protect the canal's integrity and FID's ability to maintain and operate the conveyance system in an urban setting. Any proposed canal crossing must be designed to convey the water in a safe and efficient manner without altering the existing conditions in a negative manner. FID has requirements for minimum freeboard, span and type of bridge or culvert, trash and debris, and equipment and vehicle access. Each crossing is unique, and specific requirements will be provided at the time of improvement. Please see Response GOV1-01. GOV1-17 Water Routings and Construction Window - The FID construction window will vary from year-to-year based on the length of the irrigation season, flood routings, recharge deliveries, maintenance projects and projects funded by others. FID's typical irrigation season begins on March 1. An average irrigation season lasts 6 months; therefore, the season will typically end around August 31. In very wet years, the irrigation season may go through mid-November. Please see Response GOV1-01. GOV1-18 Discharges into FID Canals - FID will not allow any discharges into the canals for numerous reasons, including but not limited to: Federal/ State/Local regulations, FID's Rules and Regulations, and the potential negative impact to water quality. All new and existing discharges and runoff must be routed to FMFCD storm drain facilities. Thank you for making available to us the City of Fresno's Southwest Fresno Specific Plan Environmental Impact Report for our review and allowing us the opportunity to provide comments. We appreciate the opportunity to review and comment on the subject documents for this project. While it is difficult to envision all of the potential impacts without all of the improvement details, we attempted to provide you as much information as possible. We reserve the right to provide additional comments when more detailed information becomes Please see Response GOV1-01. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-10 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response available. If you have any questions, please feel free to contact me at (559) 233- 7161 extension 7103 or LKimura@fresnoirrigation.com. GOV1-19 Attachment: Fresno Irrigation District exhibit map This map is referenced in Comment GOV1-01. Please see Response GOV1- 01. GOV1-20 Attachment: City of Fresno Notice of Availability of the Draft Program Environmental Impact Report for the Southwest Fresno Specific Plan The attachment is the Notice of Availability (NOA) that was circulated for the Draft PEIR. The attachment does not contain any comments on the Draft PEIR. GOV1-21 Attachment: City of Fresno Project Location Map Southwest Fresno Specific Plan The attachment is a map of the Southwest Fresno Specific Plan Area. The attachment does not contain any comments on the Draft PEIR. GOV2 9/21/2017 Julie A. Vance, Regional Manager, California Department of Fish and Wildlife GOV2-01 The California Department of Fish and Wildlife (CDFW) received a consultation notice regarding a program-level Draft Environmental Impact Report (DEIR) from the City of Fresno for the Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Specific Plan that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Plan that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State (Fish & G. Code,§§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines§ 15386, subd. (a).). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. CDFW is also submitting comments as a Responsible Agency under CEQA (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381 ). CDFW expects that it may The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-11 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, tiered projects may be subject to CDFW's lake and streambed alteration regulatory authority (Fish & G. Code,§ 1600 et seq). Likewise, to the extent implementation of tiered projects as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), related authorization as provided by the Fish and Game Code will be required. Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or Federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15380), CDFW recommends it be fully considered in the environmental analysis for the Plan. Bird Protection: CDFW has jurisdiction over actions with potential to result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs and nests include, sections 3503 (regarding unlawful take, possession or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Water Pollution: Pursuant to Fish and Game Code Section 5650, it is unlawful to deposit in, permit to pass into, or place where it can pass into "Waters of the State" any substance or material deleterious to fish, plant life, or bird life, including non-native species. It is possible that without mitigation measures tiered projects could result in pollution of Waters of the State from storm water runoff or construction-related erosion. Potential impacts to the wildlife resources that utilize these watercourses include the following: increased sediment input from road or structure runoff; toxic runoff associated with project-related activities and implementation; and/or impairment of wildlife movement along riparian corridors. The Regional Water Quality Control Board and United States Army Corps of Engineers (ACOE) also has jurisdiction regarding discharge and pollution to Waters of the State. __________ 1 CEQA is codified in the California Public Resources Code in section 21000 et seq . The SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-12 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000. GOV2-02 PROJECT DESCRIPTION SUMMARY Proponent: City of Fresno. Objective: The City of Fresno seeks to adopt a Specific Plan, which outlines a vision for Southwest Fresno throughout the Plan's 25-year horizon. Adoption of the proposed Plan will include repeal of the Edison Community Plan, amendment of the Fresno General Plan, amendment of the Official Zoning Map, adoption of zoning overlay districts, and a text amendment to the Development Code to implement the zoning overlay districts. Location: The Southwest Fresno Specific Plan will apply to areas of the City of Fresno bounded by Highway 180 to the north, Highway 41 to the east, and the city limits to the south and west. Timeframe: Unspecified. This comment provides background information and a project description summary but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV2-03 CDFW offers the comments and recommendations below to assist the City of Fresno in adequately identifying and/or mitigating the Specific Plan's, and subsequent tiered projects, significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. As requested, CDFW is providing recommendations on the scope and content of the DEIR. Editorial comments or other suggestions may also be included to improve the document. The DEIR indicates that portions of the Specific Plan area have the potential to support several special-status species and/or sensitive natural communities. Tiered projects therefore have the potential to impact these species. CDFW recognizes that the DEIR outlines mitigation measures to reduce impacts to special-status species and sensitive natural communities. However, CDFW is concerned that, as currently drafted, these measures may not be adequate to reduce impacts to a level that is less than significant. Specifically, CDFW is concerned regarding adequacy of mitigation measures for special-status plant species; the State threatened Swainson's hawk (Buteo swainsoni); the State threatened and federally endangered San Joaquin kit fox ( Vulpes macrotis mutica); special-status bat species; and the State Species of Special Concern American badger (Taxidea taxus), burrowing owl (Athene cunicularia), and western pond turtle (Emys marmorata). In addition, CDFW is concerned regarding potential impacts to riparian areas, wetlands, and waterways. This comment serves as an introduction to the comments that follow. Please see Responses GOV2-04 through GOV2-25. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-13 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV2-04 COMMENTS AND RECOMMENDATIONS Special-Status Plants: The DEIR acknowledges the potential presence of four special-status plant species, meeting the definition of rare or endangered under CEQA § 15380, in the Specific Plan area. These species include California jewelflower (Caulanthus californicus), California satintail (lmperata brevifolia), Sanford's arrowhead ( Sagittaria sanfordii), and caper-fruited tropidocarpum (Tropidocarpum capparideum). Mitigation Measure BIO-1.1 a states that presence/absence of a special-status plant or wildlife species will be determined prior to construction of a tiered project. To evaluate presence/absence, CDFW recommends pre-activity surveys be conducted on a project specific basis by a qualified botanist and in accordance with the "Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities" (CDFG, 2009). CDFW further recommends that these surveys include identification of reference populations to facilitate the likelihood of field investigations occurring during the appropriate floristic period. In addition, CDFW recommends that findings of these surveys be reported to CDFW using the reporting and data collection guidelines outlined in the protocol mentioned above. In the absence of protocol-level surveys being performed, additional surveys may be necessary. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.1a has been revised to specify that a qualified botanist should conduct botanical surveys in order to determine the presence/absence of any special-status plant prior to the onset of any initial ground-disturbing activity or construction associated with project implementation. In addition, the Mitigation Measure BIO-1.1a has been revised to ensure that the botanical survey include identification of reference plant populations and that the findings be prepared using the methodology outlined in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (Department of Fish and Wildlife, 2009). Further, Mitigation Measure BIO1.1a has been revised to require the survey report be submitted to the City prior to the issuance of building permits. GOV2-05 Further, Mitigation Measures 810-1.1 a and 810-1.1 b state that special-status plant species will be avoided through incorporation of avoidance and minimization measures and that take of State listed species will be avoided "to the greatest extent feasible". CDFW recommends special-status plant species be avoided whenever possible by delineating and observing a no-disturbance buffer of at least 50 feet from the outer edge of the plant population(s) or specific habitat type(s) required by special-status plant species. If buffers cannot be maintained, then consultation with CDFW is warranted to determine appropriate minimization and mitigation measures for impacts to special status plant species. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for special-status plants and that these measures be included as enforceable mitigation in the finalized Environmental Impact Report (EIR). As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.1a has been revised to specify that any occurrence of special-status species should be avoided whenever possible by delineating and observing a no- disturbance buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. GOV2-06 Swainson's Hawk: The DEIR recognizes the potential for the State threatened Swainson's hawk (SWHA) to occur within and in the vicinity of the Specific Plan area and identifies Mitigation Measure 810-1.2, which outlines species-specific pre-activity surveys. However, this measure refers to pre-activity surveys only if suitable nesting trees will be removed during the SWHA nesting season. While CDFW agrees that preactivity survey methods developed by the Swainson's Hawk As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that a qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-14 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Technical Advisory Committee (SWHA TAC, 2000) are appropriate, CDFW advises that these surveys take place prior to initiation of any ground-disturbing or tree removal activities, because in addition to direct mortality, potentially significant impacts that may result from Project-related activities include nest abandonment, loss of foraging habitat, and reduction of nesting success. These impacts may result from Project activities other than tree removal (e.g., construction noise, reduced foraging habitat resulting in loss or reduced vigor of eggs or young). Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. GOV2-07 Further, Mitigation Measure 810-1.2 indicates that surveys conducted during the first survey period (January 1 through March 20) defined by SWHA TAC are optional. In contrast, CDFW recommends that pre-activity surveys take place for SWHA during the normal bird breeding season (February 1 through September 15), which coincides with a portion of the first survey period as defined by SWHA TAC. CDFW further advises that additional pre-construction surveys for SWHA take place no more than 1 0 days prior to the start of construction. If an active SWHA nest is found, CDFW recommends implementing a ½-mile minimum no- disturbance buffer until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the ½-mile no-disturbance nest buffer is not feasible, consultation with CDFW is warranted and acquisition of an Incidental Take Permit (ITP) for SWHA may be necessary prior to project initiation to comply with CESA. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that if an active Swainson’s hawk nest is detected on the project site, a minimum disturbance-free buffer zone of 0.5-mile should be delineated and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the 0.5- mile disturbance-free buffer zone is not feasible CDFW will be consulted and acquisition of an Incidental Take Permit (ITP) for Swainson’s hawk may be necessary prior to project initiation in compliance with CESA. GOV2-08 Nest trees are a limited resource in the southern San Joaquin Valley. CDFW recommends impacts to known SWHA nest trees be avoided at all times of year. CDFW considers removal of known SWHA nest trees, even outside of the nesting season, a potentially significant impact under CEQA because SWHA exhibit high nest site fidelity year after year and suitable nesting habitat features may be limited in the San Joaquin Valley. CDFW recommends that any potential SWHA nesting trees be replaced with an appropriate native tree species, planted at a ratio of 3: 1, in an area that will be protected in perpetuity. This mitigation will offset impacts of the loss of potential SWHA nesting habitat. In addition, the removal of mature trees that provide nesting habitat features is a potentially significant impact to other raptor species and CDFW advises that the EIR consider potential impacts to general raptor nesting habitat. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that removal of nesting trees for Swainson’s hawk should be avoided. If avoidance is infeasible, nesting trees should be replaced with an appropriate native tree species, planted at a ratio of 3:1, in an area that will be protected in perpetuity. GOV2-09 As noted in the DEIR, grassland habitat within the Specific Plan area has the potential to support foraging SWHA. SWHA generally forage within 10 miles of their nest tree. CDFW's Staff Report Regarding Mitigation for Impacts to As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that the project applicant should provide Habitat Management (HM) lands to the CDFW based on the ratios include in SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-15 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Swainson's Hawks (CDFG, 1994) recommends the following: • Projects within 1 mile of an active nest tree provide a minimum of one acre of habitat management (HM) land for each acre of development authorized. • Projects within 5 miles of an active nest but greater than 1 mile provide a minimum of 0.75 acres of HM land for each acre of urban development authorized. • Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree provide a minimum of 0.5 acres of HM land for each acre of urban development authorized. If HM land is included in a mitigation measure for the species, CDFW recommends funding of a sufficient long-term endowment, paid for by the Project sponsors, for the management of the protected properties. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. Additionally, because nest trees are a limited resource, CDFW recommends that lands protected as foraging habitat for SWHA be no more than 1 0 miles from a SWHA nest in order to be beneficial to the species. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for SWHA and that these measures be included as enforceable mitigation in the finalized EIR. CDFW's Staff Report Regarding Mitigation for Impacts to Swainson's Hawks (CDFG, 1994), if feasible. GOV2-10 San Joaquin Kit Fox: The DEIR outlines potential for San Joaquin kit fox (SJKF) to occur in the Specific Plan area and identifies Mitigation Measure BIO-1.3 specifically for the species. Specifically, this measure outlines pre-activity surveys and reporting in accordance with the United States Fish and Wildlife Service's "Standardized recommendations for protection of the SJKF prior to or during ground disturbance" (2011 ). The measure further specifies contacting the United States Fish and Wildlife Service (USFWS) in the event a natal den is detected within 200 feet of a project boundary. While CDFW agrees with use of this survey methodology, SJKF detection warrants consultation with CDFW, in addition to USFWS, to discuss how to implement tiered projects and avoid take, or if avoidance is not feasible, to acquire an ITP prior to any ground-disturbing activities to comply with CESA. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for SJKF and that these measures be As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.3 has been revised to specify that both the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife should be notified immediately if a San Joaquin Kit Fox natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-16 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response included as enforceable mitigation in the finalized EIR. GOV2-11 Bat Species: The DEIR outlines potential for several bat species, recognized as State Species of Special Concern, to occur in the Specific Plan area. These species include pallid bat (Antrozous pallidus), Townsend's big-eared bat (Corynorhinus townsendii), western mastiff bat (Eumops perotis californicus), and western red bat (Lasiurus blossevillii). The DEIR identifies Mitigation Measure BIO-1.3 specifically for these species and outlines pre-activity surveys and 100- to 300- foot disturbance-free buffers surrounding known roosts. However, the measure does not specify a timeline for when these surveys will occur in relation to initiation of construction activities. CDFW recommends pre-activity surveys occur within two weeks prior to the start of work at each tiered-project location. The comment expresses concern regarding Mitigation Measure BIO-1.3 in Chapter 4.4, Biological Resources, of the Draft PEIR. However, given that the comment makes reference to pre-construction surveys for special- status bat species, it is assumed that this comment refers to Mitigation Measure BIO-1.4. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.4 has been revised to specify that pre-construction surveys should be conducted two weeks prior to the onset of any initial ground- disturbing activity or construction associated with each phase of project implementation by a qualified biologist. GOV2-12 Mitigation Measure BIO-1.3 also includes a provision for replacement habitat and roost removal via passive eviction if avoidance is not possible. However, CDFW recommends that bats not be disturbed without specific notice to and consultation with CDFW. If a bat roost is detected, CDFW advises a minimum 50- foot no-disturbance buffer during activity, or postponing activity until repeat surveying documents that bats no longer use the roost. If avoidance or postponement is not feasible, CDFW recommends submission of a request for a reduced buffer or a Bat Eviction Plan to CDFW for written approval prior to implementation. CDFW advises that a request for a reduced buffer include a rationale describing the adequate protection of the roost. CDFW further advises that a request to evict bats from a roost include details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for special-status bat species and that these measures be included as enforceable mitigation in the finalized EIR. The comment expresses concern regarding Mitigation Measure BIO-1.3 in Chapter 4.4, Biological Resources, of the Draft PEIR. However, given that the comment makes reference to pre-construction surveys for special- status bat species, it is assumed that this comment refers to Mitigation Measure BIO-1.4. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.4 has been revised to specify that the 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. In addition, Mitigation Measure BIO-1.4 has been revised to require a qualified bat biologist to develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground- disturbing activities and are unable to re-enter the roost. GOV2-13 American Badger: The DEIR identifies the potential for American badger within the Specific Plan area and identifies Mitigation Measure BIO-1.5 specifically for the species. A component of this measure outlines relocation of American badgers and excavation of dens if avoidance is not feasible. CDFW recommends that if a badger is detected within a project work area during project activities it be allowed to move out of the work area of its own volition. If pre-activity surveys find an American badger is denning on or immediately adjacent to a project work area, consultation with CDFW to determine whether the animal(s) may be evicted from the den is advised. The comment expresses concern regarding Mitigation Measure BIO-1.5 in Chapter 4.4, Biological Resources, of the Draft PEIR. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.5 has been revised to specify that the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted prior to implementing relocation procedures. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-17 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV2-14 Burrowing Owl: The DEIR identifies the potential for burrowing owl (BUOW) within the Specific Plan area and identifies Mitigation Measure BIO-1.6 specifically for the species. This measure outlines species-specific pre-activity surveys conducted within 15 days of ground disturbance to determine BUOW occupancy. However, CDFW recommends following the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC 1997) to determine occupancy. Specifically, CBOC suggests three or more surveillance surveys conducted during daylight with each visit occurring at least three weeks apart during the peak breeding season (April 15 to July 15), when BUOW are most detectable. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.6 has been revised to specify that a qualified biologist knowledgeable of burrowing owls should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls ((15 April to 15 July) prior to the start of ground-disturbing activities for the project. In addition, the survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines , or other survey and mitigation protocols recommended by the CDFW, to the extent feasible GOV2-15 Although not specifically discussed in Mitigation Measure BIO-1.6, if BUOW are found to occupy a tiered project site and avoidance is not possible, it is important to note that according to CDFW's Staff Report on Burrowing Owl Mitigation (CDFG 2012), exclusion in and of itself is not a take avoidance, minimization, or mitigation method. However, if necessary, CDFW recommends that burrow exclusion be conducted by qualified biologists and only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance. In addition, CDFW further recommends that burrow closure be employed only where there are adjacent natural burrows and non-impacted sufficient habitat for BUOW to occupy with permanent protection mechanisms in place. In addition, BUOW may attempt to colonize or re-colonize an area that will be impacted; thus, CDFW recommends ongoing surveillance at tiered project sites during project activities, at a rate that is sufficient to detect BUOW if they return. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for BUOW and that these measures be included as enforceable mitigation in the finalized. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.6 has been revised to specify that if burrowing owl (s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Mitigation Measure BIO-1.6 has been further revised to specify that burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls and ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. GOV2-16 Western pond turtle: The DEIR identifies the potential for western pond turtle (WPT) within the Specific Plan area and identifies Mitigation Measure BIO-1.7 specifically for the species. This measure outlines focused pre-activity surveys for WPT and relocation of individuals and/or eggs found in a project area. However, CDFW recommends that if any WPT are discovered at a site immediately prior to or during project activities they be allowed to move out of the area on their own volition. If this is not feasible, CDFW recommends that a qualified biologist who holds a Scientific Collecting Permit for the species, capture and relocate the turtle(s) out of harm's way to the nearest suitable . habitat immediately upstream or downstream from a project site. In addition, CDFW recommends that focused surveys for nests occur during the egg-laying season (March As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.7 has been revised to specify that a qualified biologist, who holds a Scientific Collecting Permit to handle western pond turtles, should conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if western pond turtles are present. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they should be moved to the nearest suitable habitat immediately upstream or downstream from the project site by a qualified biologist. Further, Mitigation Measure BIO-1.7 has been revised to specify that if any western pond turtle nests with eggs SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-18 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response through August) and that any nests discovered remain undisturbed until the eggs have hatched. are found, the nests should remain undisturbed until the eggs have hatched. GOV2-17 Nesting birds: A variety of land cover types within and in the vicinity of the Specific Plan area likely provide nesting habitat for birds. Although the DEIR identifies preactivity surveys for nesting birds in Mitigation Measure BIO-1 .8, it does not specify a time-line for when these surveys will be conducted relative to initiation of construction activities. CDFW recommends that a qualified wildlife biologist conduct preconstruction surveys for active nests no more than 10 days prior to the start of a tiered project to maximize the probability that nests potentially impacted are detected. CDFW also recommends that surveys cover a sufficient area around the work site to identify nests and determine their status. A sufficient area means any area potentially affected by a tiered project. In addition to direct impacts, such as nest destruction, noise, vibration, odors, and movement of workers or equipment could affect nests. Prior to initiation of construction activities, CDFW recommends a qualified biologist conduct a survey to establish a behavioral baseline of all identified nests. Once construction begins, CDFW recommends a qualified biologist continuously monitor nests to detect behavioral changes resulting from the project. If behavioral changes occur, CDFW recommends the work causing that change cease and CDFW consulted for additional avoidance and minimization measures. As shown in Chapter 3 of this Final EIR, MEIR Mitigation Measure BIO-1.8 has been revised to specify that pre-construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation. In addition, Mitigation Measure BIO-1.8 has been revised to specify that the biological monitor should periodically monitor nests to detect behavioral changes resulting from project related activities once construction begins. If continuous monitoring is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. GOV2-18 If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these no disturbance buffers is possible when there is compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. CDFW recommends that a qualified wildlife biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.8 has been revised to specify that if continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non- listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. GOV2-19 Jurisdictional Features, Riparian Habitat, and Wetlands: The DEIR identifies the potential for significant impacts to areas that are jurisdictional (waterbodies and waterways) pursuant to Fish & Game Code, § 1600 et seq. Mitigation Measure BIO-2.1 indicates potential project-related impacts to riparian habitat are possible and identifies compensatory mitigation as a mitigation strategy. Riparian As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-2.1a has been revised to specify that impacts to riparian habitat should be avoided by delineating a 200-foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-19 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response habitat and wetlands are of extreme importance to a wide variety of plant and wildlife species. CDFW provides the following recommendations for avoiding impacts to riparian habitat and waterways: (1) for areas with riparian vegetation, a minimum 200-foot no-disturbance buffer delineated from the high water mark of a waterbody or waterway or from the outside edge of the riparian vegetation; (2) for areas with no riparian vegetation, a minimum 100-foot no-disturbance buffer around the high water mark of a waterbody or waterway. In some instances, larger buffers may be necessary to avoid impacts. CDFW has a no-net- loss policy regarding impacts to wetlands and CDFW considers project-related impacts to these resources as significant if they result in the net loss of acreage or habitat value. When impacts to wetland habitats are unavoidable, CDFW recommends compensation include creation of new habitat, preferably on-site, on a minimum of an acre-for-acre basis. CDFW also recommends compensation consider potential impacts to special-status resources posed by wetland creation. Wetlands that have been inadvertently created by leaks, dams or other structures, or failures in man-made water systems are not exempt from this recommendation. disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a compensatory habitat-based mitigation should be required to reduce project impacts and specific mitigation ratio for habitat based mitigation should be determined on an acre-for-acre basis through consultation with the appropriate agency. GOV2-20 Mitigation Measures BIO-2.1 b and BIO-3a indicate potential project-related impacts to streambeds and waterways are possible, including significant alteration resulting in fill. If project activities will result in substantial changes to the bed, bank, and channel of a river, lake, or stream, notification pursuant to Fish & G. Code, § 1.600 et seq. is warranted. Fish & Game Code §1600 et seq. requires an entity to notify CDFW prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation): (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. "Any river, stream, or lake" includes those that are ephemeral or intermittent as well as those that are perennial. CDFW is required to comply with CEQA in the issuance of a Lake and Streambed Alteration Agreement. For additional information on notification requirements, please contact our staff in the Lake and Streambed Alteration Program at (559) 243-4593. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-2.1b and BIO-3a have been revised to specify that consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation) (c) deposit debris, waste or other materials that could pass into any river, stream, or lake in accordance with Fish & Game Code §1600 et seq. GOV2-21 Mitigation Measure BIO-3a outlines wetland delineation for tiered project activities that will result in alteration or fill of federally protected wetlands. Please note that, while there is overlap, state and federal definitions of wetlands differ. Therefore, it is recommended that delineation identify both state and federal wetlands at tiered project sites. Fish and Game Code Section 2785 (g) As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-3a has been revised to specify that the wetland mitigation plan should be approved by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the CDFW). SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-20 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response defines wetlands; further Section 1600 et seq. applies to any area within the bed, channel, or bank of any river, stream, or lake (including riparian vegetation). It is important to note that while accurate delineations by qualified individuals have resulted in more rapid review and response from the ACOE and CDFW, substandard or inaccurate delineations have resulted in unnecessary time delays for applicants due to insufficient, incomplete, or conflicting data. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for jurisdictional features, riparian habitat, and wetlands and that these measures be included as enforceable mitigation in the finalized EIR prepared for this Project. GOV2-22 Editorial Comments and/or Suggestions Federally Listed Species: CDFW also recommends consulting with the USFWS on potential impacts to federally listed species including, but not limited to those listed above. Take under the Federal Endangered Species Act (FESA) is more broadly defined than CESA; take under FESA also includes significant habitat modification or degradation that could result in death or injury to a listed species by interfering with essential behavioral patterns such as breeding, foraging, or nesting. Consultation with the USFWS in order to comply with FESA is advised well in advance of any ground-disturbing activities. The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV2-23 ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special status species and natural communities detected during project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link: http://www.dfg.ca.gov/biogeodata/ cnddb/pdfs/CNDDB_FieldSurveyForm.pdf. The completed form can be mailed electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. The types of information reported to CNDDB can be found at the following link: http://www.dfg.ca.gov/biogeodata/cnddb/plants_and_animals.asp. The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV2-24 FILING FEES If it is determined the tiered projects will have an impact on fish and/or wildlife, an assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-21 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089). GOV2-25 CONCLUSION CDFW appreciates the opportunity to comment on the Southwest Fresno Specific Plan to assist the City of Fresno in identifying and mitigating Project impacts on biological resources. More information on survey and monitoring protocols for sensitive species can be found at the CDFW's website (https://www.wildlife.ca.gov/Conservation/ Survey-Protocols). Questions regarding this letter or further coordination should be directed to Renee Robison, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 243-4014 extension 274, or by electronic mail at Renee.Robison@wildlife.ca.gov. The comment serves as a closing remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV3 9/25/2017 Michael Navarro, Chief, Transportation Planning - North, California Department of Transportation GOV3-01 Thank you for including the California Department of Transportation (Caltrans) in the enviromnental review process for the project referenced above. The project affects the southwestern most limits of the City of Fresno bounded by State Route (SR) 180 to the north and R 41 to the east. Our objective is to work in coordination with local jurisdictions and project proponents on all development projects that utilize the multimodal transportation network. With the State's smart mobility goals of supporting vibrant economy and thriving communities with a safe and efficient transportation system, we provide the following comments based on a focused review of the "Transportation" portion of the Draft Southwest Fresno Specific Plan document: Caltrans concurs with the traffic mitigation measures proposed by the City for all the freeway ramps and ramp interchanges in the plan vicinity. It is apparent that development in southwest Fresno will produce significant, yet unavoidable traffic congestion. Therefore, future projects implemented under the proposed plan estimated to generate daily or peak hour traffic volumes in excess of 100 vehicle trips should prepare a site access, circulation, and traffic study as part of their proposal; and we encourage early consultation with Caltrans. Additionally, any amendments to the General Plan, or to the proposed project should include a traffic impact study due to the potentially significant impact that development in the project area is estimated to have on the State Highway System (SHS). The California Department of Transportation’s (Caltrans’) reasoning for review of this EIR and interpretation of plan boundaries is noted. Caltrans concurrence with the mitigation measures included in the Draft PEIR is noted. As described in Impact TRANS-1 of Chapter 4.14, development within Southwest Fresno will have a less than significant impact on traffic congestion. As described in Impact TRANS-7.2 and TRANS- 7.3 of Chapter 4.14, the proposed Plan will have a significant and unavoidable cumulative impact, as noted by this comment. Future discretionary projects would be required to conduct project-level environmental assessment, which may include traffic analysis. Per Fresno General Plan Policy MT-2-i, a Transportation Impact Study (TIS) will be required when a project includes a General Plan amendment, will substantially change the off-site transportation system, or for all development projected to generate 100 or 200 more peak hour new vehicle trips, depending on the Traffic Impact Zone (TIZ) in which the development is located. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-22 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV3-02 Even with mitigation, it is clear the SHS will not continue to function at an acceptable level of service (LOS) within the proposed plan area, as growth occurs. For this reason, Caltrans reinforces the importance of the City's requirement that developers pay into the established City's Traffic Signal Mitigation Impact Fee (TSMI) and the Regional Transportation Mitigation Fee (RTMF) program managed by Fresno Council of Governments. Furthermore, City coordination among the Fresno Council of Governments (COG), the City and Caltrans to improve the interchanges at SR 99/Jensen Avenue (northbound and southbound), SR 99/Fresno Street (northbound and southbound), SR 41/Jensen Avenue (southbound), and SR 41/North Avenue (southbound), as outlined in mitigation measures TRANS-7 .2 and TRANS-7.3 is strongly supported. Due to the extensiveness of the impact, these interchanges should be added to the project list for the City's TSMI fee program. Caltrans’ support for Mitigation Measures TRANS-7.2 and TRANS-7.3, the Traffic Signal Mitigation Impact (TSMI) fee, and Regional Transportation Mitigation Fee (RTMF) is noted. Fresno General Plan Policies MT-2-j and MT-2-l support the use of TSMI and RTMF fees as outlined in Mitigation Measures TRANS-7.2 and TRANS-7.3. GOV3-03 Traffic congestion may be further mitigated by expanding the multi-modal network into the plan area. The planned bicycle and trail network laid out in the City's General Plan can be enhanced by providing direct safe routes to the schools, retail hubs, and medical facilities in the plan area. Accompanying street lighting, secure bike storage spaces- especially near transit stops, landscaping that incorporates shade elements, and bicycle/pedestrian priority in street operations all increase the likelihood residents will use and benefit from an active transportation network. Additionally, development of park zones beyond open green space to include lighting for safety, playing fields, swimming pools, walking paths, or community gardens-keeping in mind accessibility for all ages and abilities-serve to promote health and wellness in the surrounding neighborhoods. Potentially, community outreach aimed at establishing carpools to popular employment centers could lessen the strain on the SHS. Likewise, the project objective of attracting affordable grocers and other retail to the plan area is pivotal in achieving the City's stated goal of improving quality of life in Southwest Fresno while also improving traffic conditions. As described in Impact TRANS-6 of Chapter 4.14, the proposed Plan includes goals and policies that promote bicycle and pedestrian travel through a well-connected active transportation network, support use of transit, and reduce single-occupancy vehicle use to reduce traffic congestion, including Goals T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-8, T-11, T-12, and T-14, and the multiple policies contained under each of these goals. GOV3-04 Fresno COG regional models are best used to answer "big picture" scenarios with regards to general trends in traffic and air quality such as the SW Fresno Specific Plan. However, when it comes to specific types of land use on a project level basis, NCHRP Report 765 states "Model adjustments are frequently made at a small-area or link level because many regional models do not have the requisite accuracy needed for detailed link level traffic forecasts." It also states "Project- level forecasts often require better accuracy than can be obtained from a travel As described in Chapter 4.14, analysis presented in the Draft PEIR is based on the information available at this programmatic stage for a plan-level analysis. Future discretionary projects would be required to conduct project-level environmental assessment, including a transportation impact study in most cases. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-23 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response model alone." Therefore Caltrans recommends project specific data submittals when new development occurs at spot locations within 2 miles of the SHS, to determine the need for a Traffic Impact Study to better assess traffic impacts. GOV3-05 Section 4.14, Transportation and Traffic of the Environmental Impact Report (EIR), please add a new section in the TIS that briefly describes the analysis scenarios and years being analyzed. This section may be appropriate prior to section 4.14.1.2, Existing Conditions. All scenarios/figures/tables should be labeled appropriately as With or Without Proposed Plan and the year being analyzed. Please revise for clarity. Page 4.14-1 of the Draft PEIR has been revised, as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. Titles on Figures 4.14-3, 4.14-5, 4.14-6, 4.14-7, 4.14-8, 4.14-9, 4.14-10, 4.14-12, 4.14-13, 4.14-14, 4.14-15, 4.14-16, 4.14-17, 4.14-18, and 4.14-19 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. Scenario references in Tables 4.14-2, 4.14-3, 4.14-4, 4.14-8, 4.14-9, 4.14-10, 4.14-11, 4.14-12, 4.14-13, 4.14-14, 4.14-15, 4.14-16, 4.14-17, and 4-14-18 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-06 Right-of-way should be preserved for the Type L-9 partial cloverleaf interchange for the SR 41/North Avenue interchange. Roundabouts at the ramp intersections should be considered as an interim improvement. The Type L-9 interchange configuration has been changed to a right-angle intersection at the on-ramp intersection to accommodate pedestrian crossing by utilizing traffic signal control. Refer to the current Caltrans Highway Design Manual (HDM) Chapter 500 for these changes. As described in Mitigation Measure TRANS-7.2, the widening of the SR 41 southbound off-ramp at North Avenue is sufficient to improve traffic operations to an acceptable level under cumulative conditions with the proposed Plan. Further interchange reconstruction, including possible expansion to a Type L-9 partial cloverleaf configuration, is not necessary to mitigate the proposed Plan’s cumulative impact nor is it identified as a future project in any currently adopted planning document, including the Caltrans SR 41 Transportation Concept Report, Fresno COG RTP/SCS, or Fresno General Plan. However, separate from the proposed Plan and the Draft PEIR, the City is willing to work with Caltrans in the future to determine if an alternative ultimate concept for the SR 41 / North Avenue interchange, such as a Type L-9 partial cloverleaf interchange, may be mutually desirable in the long- term future, as suggested by Caltrans comment. GOV3-07 In reference to "Intersection Operations" on Page 4.14-40, it is stated that the adjustments to cycle length and shifting green time phases at the intersection of SR 99 northbound ramps/East/Jensen A venues would result in slightly better operations under existing plus proposed plan. Signal timing modification should not be used as Project mitigation, this is considered routine maintenance. The study recognizes that the signal timing modifications would occur as part of routine maintenance. As stated on page 4.14-40 of the Draft PEIR, “the results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans.” The stated adjustments to cycle length and green time phases is simply included as an example to explain why delay is lower (i.e., slightly better operations) under existing plus proposed Plan than existing conditions at the SR 99 northbound ramps/East Avenue/Jensen Avenue intersection. It is not being proposed as mitigation. GOV3-08 Table 4.14-10 for SR 99 southbound ramps/East/Jensen Avenues displayed the delay would remain at 61 seconds from the Existing Conditions to Existing plus The results presented in Table 4.14-10 of the Draft PEIR are consistent with the overall intersection control delay presented in the Synchro worksheets, SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-24 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Project Conditions. There is an increase in traffic volumes by 632 for the Existing plus Project condition. However the Synchro worksheets showed higher delay for the southbound off-ramp approach. The southbound off-ramp would operate poorly in the Existing plus Project condition and excessive queuing on the off- ramp and freeway mainline may occur. Synchro files should be submitted to verify the delay. The first paragraph under Table 4.14-10 may not be necessarily true. which are calculated according to the 2010 Highway Capacity Manual (HCM) methodology. As shown in Table 4.14-10 and supported by the Synchro worksheets, the overall intersection delay at the State Route (SR) 99 southbound ramps/East Avenue/Jensen Avenue intersection has a negligible change from 60.8 seconds per vehicle under existing conditions to 60.6 seconds per vehicle under existing plus proposed Plan conditions. Therefore, the referenced statement in the first paragraph under Table 4.14-10 is true. While the Synchro worksheets do show a slight increase in delay for the southbound off-ramp approach (from 106.7 seconds per vehicle under existing conditions to 117.5 seconds per vehicle under existing plus proposed Plan conditions), this is balanced out by less delay on the other approaches (e.g., 21.9 seconds per vehicle for the westbound approach and 41.9 seconds per vehicle for the eastbound approach). The result is a negligible change in the weighted average delay for the overall intersection, as noted above (60.8 seconds per vehicle to 60.6 seconds per vehicle). Although the southbound off-ramp approach would operate with higher delay than the other approaches, Table 4.14-11 shows that excessive queuing on the SR 99 Southbound Off-Ramp at Jensen would not occur under existing plus proposed Plan conditions. GOV3-09 In Table 4.14-10 for the SR 99 northbound ramps/East Avenue/Jensen Avenue indicates the delay decreases from the Existing to Existing plus Project conditions with the same lane configuration and with increased traffic volumes. An explanation should be provided to justify the decrease in delay between conditions. As stated on page 4.14-40 of the Draft PEIR: “The results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans. This includes adjustments to cycle lengths and shifting green time to phases for movements that experience greater increases in traffic volume. These adjustments in one case (at the intersection of SR-99 Northbound Ramps/East Ave./Jensen Ave.) result in slightly better operations under existing plus proposed Plan conditions than existing conditions due to more efficient use of the traffic signal cycle.” GOV3-10 In reference to Tables 4.14.-4, 4.14-11, 4.14-15, and 4.14-18, deceleration length at the off-ramps prior to stopping at the end of queue is required. Refer to the current Caltrans HDM for deceleration length requirements. Tables 4.14-4, 4.14-11, 4.14-15, and 4-14-18 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-11 Table 4.14-10 - Existing plus Project condition and Table 4.14-14 - Cumulative Conditions are not consistent in regards to delay. An explanation as to the Delay and LOS results for the Existing Plus Proposed Plan scenario in Table 4.14-14 in Chapter 4.14 of the Draft PEIR has been revised to match Table SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-25 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response inconsistency should be explained. 4.14-10 as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-12 Refer to Synchro worksheets for SR 41 northbound ramps/North Avenue, the Cumulative displayed two eastbound-through-lanes and two westbound- through-lanes, and the Existing and Existing plus Project condition displayed one eastbound-through-lane and one westbound through-lane. It is unclear when North Avenue within the interchange area is widened to two lanes before it would be mitigated. As described on pages 4.14-53 and 4.14-54 of the Draft PEIR, the widening of North Avenue to a four-lane divided arterial east of Elm Avenue is included as a planned improvement to the regional roadway network as identified in the Fresno Council of Governments Regional Transportation Plan/Sustainable Communities Strategy, Fresno Downtown Plans, and/or the Fresno General Plan. According to the project list, this improvement is planned to be open to traffic in 2035. GOV3-13 Refer to Table 4.14-14 and Synchro worksheets for SR 99 northbound ramps/East Avenue/Jensen Avenue, the traffic volumes would increase from the Existing plus Project to Cumulative condition but the delay would decrease. Synchro files should be submitted to verify this delay. Please see Response GOV3-11. The delay and LOS results for the Existing Plus Proposed Plan scenario in Table 4.14-14 of the Draft PEIR has been revised to match Table 4.14-10 as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. With these revisions, the delay increases from existing plus proposed Plan conditions to cumulative conditions. GOV3-14 The queue length on the westbound-left turn lane at the SR 99 southbound ramps/Fresno Street will exceed the available storage. The comment correctly identifies that the queue for the westbound left- turn on Fresno Street turning onto the SR 99 southbound on-ramp would exceed the available storage of the westbound left-turn pocket. However, this is not a significant impact per the significance criteria on page 4.14-35, Chapter 4.14 of the Draft PEIR. GOV3-15 Refer to Page 4.14-69 (MM Trans 7.3), the proposed southbound right-tum phase to run concurrently with the eastbound through phase may be conflicting with pedestrian crossing phase. Synchro files should be submitted to verify the proposed mitigation. The pedestrian crossing phase would run concurrently with the westbound through phase, and would not conflict with the proposed southbound right-turn phase. GOV3-16 The Synchro analysis and the proposed improvements for each interchange will need to be reevaluated once Synchro files are submitted to Caltrans for review. Additional comments will be provided at the later date. Synchro analysis files were submitted to Caltrans for review by the City on October 11, 2017. GOV3-17 Trip generation, trip distribution, and intersection traffic turning movement figures should be provided. Intersection traffic turning movement figures have been provided in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. As stated on page 4.14-29 in Chapter 4.14 of the Draft PEIR, trip generation for the proposed Plan is estimated by the travel demand forecasting (TDF) model that was developed for the Fresno General Plan MEIR. As stated on page 4.14-36, the proposed Plan’s land uses are added to the Fresno General Plan MEIR TDF model, and the TDF model generates trips based on those land uses and locally valid trip generation rates. Since the trip generation step is one of several steps in the TDF modeling process outlined on page 4.14-29, it is not feasible to develop a figure that illustrates the proposed Plan’s trip generation. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-26 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Similarly, the scope and scale of the 3,255-acre Plan Area makes developing an accurate trip distribution figure infeasible. Spanning more than three miles east-to-west and three miles north-to-south with an irregular shape, development in the northwest portion of the Plan Area would have a much different trip distribution pattern from the southeast portion of the Plan Area, which would be different still from areas in the central, western, and southern portions of the Plan Area. In addition, a portion of the trips generated by the proposed Plan would travel within the Plan Area without using regional roadways or the State highway system outside the Plan Area. Given the complexities of the Plan Area’s size, scope, and scale, the Fresno General Plan MEIR TDF model was the most appropriate tool to distribute the Plan Area trips, as described on page 4.14-29, Chapter 4.14 of the Draft PEIR. GOV3-18 SB 375 formalized the connection between land use planning and transportation. Population growth is eminent. The Specific Plan is indicating that the "Vehicle Miles Traveled (VMT)" is projected to increase to approximately 1,470,179 with full build-out. Furthermore, with the funding constraints in transportation that we are compelled to contend with, we are learning that we cannot necessarily afford to build our way out of congestion. While there is still opportunity to expand infrastructure in our region, we will also need to manage our transportation infrastructure more efficiently. This can only be done by working together, maximizing funding opportunities (i.e. all-inclusive Regional fee programs) to develop a well-integrated system that offers various alternative modes for our residents. Should you have any questions or concerns, please feel free to contact David Padilla at (559) 444-2493 or dave.padilla@dot.ca.gov. The comment affirms the Draft PEIR analysis; however, it does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. The proposed Plan includes goals and policies that promote the efficient management of transportation infrastructure and a well-integrated system that offers various alternative modes for Southwest Fresno residents, including Goals T-4, T-6, T-7, T-8, T- 11, T-12, and T-14, and the multiple policies contained under each of these goals. Furthermore, Fresno General Plan policies MT-1-p, MT-2-b, MT-2-g, MT-2-j, MT-2-l, and MT-4-c reaffirm the City’s commitment to work together with our partners in the region to address the topics identified in this comment. GOV4 9/25/2017 Thomas W. Barth, Barth Daly LLP, Washington Unified School District GOV4-01 Our firm represents Washington Unified School District ("District"). On behalf of the District, we submit these comments on the Draft Program Environmental Impact Report ("Draft PEIR") prepared for the proposed Southwest Fresno Specific Plan (collectively, the "Project"). As set forth in this letter, the Draft PEIR does not comply with the California Environmental Quality Act ("CEQA," Pub. Resources Code, §§ 21000, et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000, et seq.) for both technical and substantive reasons. The Draft PEIR The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Please see Responses GOV4-02 through GOV4-15. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-27 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response does not include sufficient information to evaluate potential environmental impacts related to schools. The District requests that the City revise the Draft PEIR to address the issues identified in this letter, develop appropriate mitigation measures for any impacts that are identified as significant, and then recirculate the revised Draft PEIR as required by CEQA. (Cal. Code Regs., tit. 14, § 15088.5.) As another public agency serving the population of Fresno, the District prefers to cooperate with the City regarding the proposed Project so as to help ensure that it will benefit the entire community, without undue impacts. The District's primary concern is that the Project not create significant impacts on the student population it serves, their families, District staff and teachers, and the school facilities in which they are housed. The District wishes to emphasize that this Project has the potential to have a profound negative effect on the District's students, their families, and residents who will reside in and near the Project. It remains the District's hope that collaboration between the District and both the City and Project developers can occur to avoid this result. GOV4-02 I. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate description of the environmental setting related to schools. An environmental impact report is required to include a description of the physical environmental conditions in the vicinity of the project as they exist at the time the notice of preparation is published. This environmental setting constitutes the baseline physical conditions by which the lead agency determines whether an impact is significant. (Cal. Code Regs., tit. 14, § 15125, subd. (a).) In this regard, the Draft PEIR's discussion of the impacts of the Southwest Specific Plan on the District's ability to serve students generated by the eventual development in the Plan area is of particular concern. The Draft PEIR contains no specific information pertaining to the District, and relies almost exclusively on information pertaining to Fresno Unified School District (serving just a portion of the north of the Plan area, and Central Unified School District (serving only a small part along the western edge of the Plan area. [Draft PEIR, p. 4.13-14-17.] The PEIR entirely fails to disclose the existing conditions of schools located within the District. Where the environmental setting in an EIR contains inaccuracies, it fails as an informational document. An EIR cannot properly and accurately assess the impacts of the project or determine appropriate mitigation measures if it does The comment expresses concern regarding baseline physical conditions and states that the EIR does not contain any specific information about the Washington Unified School District (WUSD). The City attempted to contact the WUSD in July 2017 during the preparation of the Draft PEIR to receive school data and did not receive a response. In addition, the City did not receive a letter in response to the Notice of Preparation (NOP) filed on February 23, 2017, and no information was available on the District's website. Absent this information, the City reasonably used baseline conditions from another local school district, the Fresno Unified School District (FUSD), consistent with the Draft PEIR approach of tiering from the Fresno General Plan Master EIR adopted July 2014. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements; thus, no additional analysis per the commenter’s request is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-28 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response not include adequate consideration and documentation of the existing environmental conditions. (See, San Joaquin Raptor/Wildlife Rescue Center, et al. v. County of Stanislaus (1994) 27 Cal.App.4th 713.) GOV4-03 II. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate analysis of environmental impacts related to schools. A. The Draft PEIR contains an inadequate discussion of impacts on schools. The Draft PEIR is deficient in its discussion and proposed mitigation of school- related impacts that may result from the Project. The Draft PEIR states that impacts on schools are deemed less than significant with payment of school developer fees. [Draft PEIR, pp. 4.13-18-19.] The Draft PEIR states that in accordance with Senate Bill ("SB") 50, "the City collects Development Impact Fees for the provision of school facilities that would accommodate the projected increase in student population within the Plan Area." [Draft PEIR, p. 4.13-19.] This analysis is based on a misconception and falls short of providing a full and accurate picture of the school-related impacts that will necessarily result from the Project. Further, here and elsewhere, the Draft PEIR contains bare conclusions regarding impacts without a sufficient explanation of the basis for those conclusions, again in violation of CEQA. (Laurel Heights Improvement Ass'n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 397.) In this instance, as the Draft PEIR fails to acknowledge, the statutory school impact fees will not sufficiently fund the necessary new facilities. It is commonly understood that "Level 1" developer fees (Ed. Code,§ 17620; Gov. Code,§ 65995) for schools cover only approximately one-third of the projected cost of school construction, with the other two-thirds expected to come from State and local bond funds. With there now having been no new statewide bond measure for school facilities for many years, State funds are depleted, leaving an even greater shortfall. Similarly, "Level 2" fees reflect only approximately half of the necessary cost, as demonstrated by the fact that when State funding runs out, the possibility of an approximate doubling of the fees to a "Level 3" is permitted to address the full anticipated cost of school construction. (See Go,1. Code §§65995.5 - 65995.7.) Level 3 fees are not currently available due to a pending lawsuit against the State Allocation Board, which is not likely to be resolved in short order. The shortfall of necessary funds is exacerbated by the potential limitations on bonding capacity of land in the Plan Area, should a new school site be needed. Without sufficient space to build on the current elementary school As indicated in the Draft PEIR, per California Government Code Section 65995(3)(h), the payment of statutory fees is “deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization...on the provision of adequate school facilities.” Thus, because applicants for all future development under implementation of the proposed Plan would be subject to applicable developer impact fees, impacts to the FUSD, WUSD, and Central Unified School District (CUSD) were correctly described as less than significant in the Draft PEIR. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-29 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response site owned by the District in the Plan Area, acquisition of a new site, and more likely multiple sites, is probable, with inadequate available funds for such land purchases. The developer fees cited by the Draft PEIR were never intended to prohibit other mitigation, nor will they adequately mitigate all impacts of this Project. Government Code section 65996(b) mentions only "school facilities mitigation," meaning that mitigation of impacts on issues other than school facilities must still be addressed. (See, Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016.) GOV4-04 The Draft PEIR fails to explore other measures that would alleviate the impact of the increases in student enrollment. Government Code section 65996 also does not preclude a host of available means of addressing a School District's needs as a result of new development. Alternative means of addressing the impacts of new development on schools still allowed under SB 50, and not acknowledged in the Draft PEIR, include: 1. Coordinated Planning for School Sites Government Code sections 65352 and 65352.2 require local cities to coordinate planning of school facilities with school districts. The Legislature confirmed in this statutory scheme that the parties are meant to coordinate "[o]ptions for the siting of new schools and whether or not the local city or counties existing land use element appropriately reflects the demand for public school facilities, and ensures that new planned development reserves location for public schools in the most appropriate locations." (Gov. Code 65352.2(d)(2).) No such coordination has occurred in relation to the Project. The Draft PEIR does not analyze the City's failure to comply with these coordination requirements. The Legislature recognized that new planned development should take into consideration and even "reserve" locations for schools to serve development because schools are as integral a part of planning for new development as is any other public service, such as fire, police, water and sewer. As it relates to this instance, the intent behind sections 65350, et seq., supports the District's position that the City must analyze whether the current size of District schools is adequate to accommodate both its existing population and the new development. The City can help the District provide adequate facilities resulting from the impacts of the Project, which are not addressed by developer fees, by acknowledging the significant impact on schools, and requiring alternative The comment expresses concern regarding the coordination of planning of school facilities with school districts. As stated on page 4.13-18 of the Draft PEIR, the proposed Plan includes goals and policies related to school facilities, specifically Goal PF-5 and Policy PF-5.1, which are described below. With respect to the commenter’s concerns of inadequate mitigation measures to address school siting issues within the Plan Area, the WUSD has its own methodology for managing school population and the determination for a new or physically altered school facility is outside of the jurisdiction of the City. However, as stated on page 4.12-6 of the Draft PEIR, the population within the Plan Area is not projected to increase above the population projected in the Fresno General Plan, adopted in 2014. In addition, as discussed in the Draft PEIR, Goal PF-5 and Policy PF- 5.1 ensure that the amount of existing and new schools within the Plan Area adequately support the number of existing and new residents, and school sites are identified, located outside the Plan Area but within the SOI, in the adopted Fresno General Plan. Further, applicants for all future development under implementation of the proposed Plan would be required to undergo separate environmental assessment as required by CEQA to identify appropriate mitigation measures. As a program-level EIR, it would be speculative for this EIR to conduct a site-specific analysis of potential future school sites that have not yet been identified. The City is looking forward to working with the WUSD to designate new sites if needed. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-30 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response mitigation measures to assure that there are adequate sites to accommodate school facilities. The Draft PEIR states that "As future development occurs throughout the Plan Area, the school districts would continually monitor capacities of existing schools and forecast the timing of the construction of new schools or expansion of existing school so that new student populations can be provided with adequate school facilities ... ," but this statement is inadequate as mitigation because it does not commit the City to any action, and does create a condition of approval for developers. [Draft PEIR, p. 4.13-18.] The City has improperly delegated authority for development of adequate mitigation measures to address the school siting issues to future developers of the land within the Plan Area. This is not a permissible delegation of authority under CEQA. (Cal. Code Regs., tit. 14, § 15025, subd. (b)(l).) Per section 15084, subdivision (e), of the CEQA Guidelines, a draft EIR must reflect the independent judgment of the lead agency, and the lead agency is responsible for the adequacy and objectivity of the draft EIR. Leaving developers to come up with mitigation measures to address school-related issues does not comply with this standard. (See also, Pub. Resources Code,§ 21081.6, subd. (b); Cal Code Regs., tit. 14, § 15126.4, subd. (a)(2) [EIR must have mitigation measures that are enforceable through conditions of approval, contracts or other means that are legally binding].) GOV4-05 2. Land Dedication One feasible mitigation measure not addressed by the City would be for the City to adopt findings requiring any developer building as part of the development allowed by the Project to dedicate land and/or funding pursuant to Government Code sections 65970, et seq., which permit the City to require a developer to dedicate land to a school district. Section 65974 specifically states that "for the purpose of establishing an interim method of providing classroom facilities where overcrowded conditions exist, ... a city, county, or city and county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development." Nothing in SB SO/ Government Code section 65996 precludes this approach. A land dedication requirement would be good public planning benefiting all residents of the community, including future residents of the Project. Land Please see Response GOV4-04. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-31 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response suitable for a new school site in the vicinity of the Project is already scarce; it will only become more so if the Project is implemented and further development occurs. Under Government Code sections 65352 and 65352.2, the City has a duty to help plan for adequate services to its residents by ensuring that future sites are set aside for schools. Failure to do so leads to inadequate services, future controversies, and the potential need for a school district to exercise its rights under eminent domain, displacing future residents. All of these are impacts potentially stemming from the Project that are not considered in the Draft PEIR, and for which mitigation is and can be made available under existing law. Land dedication is a permissible mitigation measure under Government Code sections 65995, et seq. Section 65995(a) specifically states that "[e]xcept for a fee, charge. dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication or other requirement for the construction or reconstruction of school facilities may not be levied .... " (Emphasis added.) Section 65995 expressly excludes Chapter 4.7, inclusive of section 65974, from this limitation, thus permitting a city to address the impacts of development through the dedication of land. Further, the City is authorized by section 66478 of the Subdivision Map Act to require dedication of elementary school sites when needed to address development. Nothing in Government Code sections 65995, et seq., precludes such a requirement. Land dedication is particularly important in the Project's vicinity given the lack of available vacant land for the school facilities that will be needed to serve the Project. GOV4-06 3. Phasing Another method by which the City can work cooperatively with the District within all legal constraints to ensure adequate school facilities with regard to new development allowed by the Project is by requiring future development to be phased and not permitted prior to availability of school facilities. Timing development so as to balance the availability of school facilities with new development can significantly aid the District in its attempt to provide for the additional students who will be generated as a result of the Project and development following approval of the Project. The Draft PEIR makes vague Please see Response GOV4-04. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-32 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response assumptions regarding project build-out by stating that the development of residential units would occur over many years, so the growth in students would be spread across the some unknown future time. The reality is that the District must plan in advance for the arrival of the new students generated by the Project. The City could mitigate the impacts of the Project and allow for available school facilities when needed by requiring phasing of future development. This phasing could require that the timing of the development of the Project be coordinated with the availability of school facilities. GOV4-07 B. The Draft PEIR contains an inadequate discussion of other school related impacts. In addition to the above discussion of the inadequacy of school impact fees to mitigate the Project's significant impact on schools, the Draft PEIR fails to address other types of impacts related to the inundation of District schools that will be caused by the Project. The case of Chawanakee Unified School District v. County of Madera, et al., (2011) 196 Cal.App.4th 1016 ("Chawanakee") addresses the extent to which a city or county must consider school related impacts in an environmental impact report for new development. The Court determined that SB 50 does not excuse a lead agency from conducting environmental review of school impacts other than an impact "on school facilities." With respect to this terminology from subdivision (a) of section 65996, the Court opined: [T]he use of the term "on" indicates a direct relationship between the object (i.e. school facilities) and the impact and excludes impacts to other parts of the physical environment. Consequently, the phrase "impacts on school facilities" used in SB 50 does not cover all possible environmental impacts that have any type of connection or relationship to schools. (Id., at 1028.) The comment expresses concern regarding an inadequate discussion of other school-related impacts. As described in Chapter 1, Introduction, the Draft PEIR is a program-level analysis that tiers from the Fresno General Plan Master EIR adopted July 2014. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements. As a program-level EIR, it would be speculative for this EIR to conduct a site-specific analysis of potential future school sites in this Draft PEIR that have not yet been identified;; thus, no additional analysis per the commenter’s request is required. Further, as the WUSD did not respond to the Notice of Preparation (NOP) filed on February 23, 2017 and did not respond to a request for information in July 2017, the Draft PEIR assumes WUSD has adequate capacity, without a need to mitigate other school- related impacts through implementation of the proposed Plan. Policy PF- 5.1 ensures that the amount of existing and new schools within the Plan Area adequately support the number of existing and new residents. Further, discretionary projects under the proposed Plan would be required to undergo separate environmental analysis as required by CEQA to identify appropriate mitigation measures. GOV4-08 As a result, the Court of Appeal in Chawanakee concluded that the County would have to set aside the certification of the EIR at issue in that case and approvals of the project and take "action necessary to bring the EIR into compliance with CEQA regarding its analysis of the (a) traffic from private and school bus trips to existing schools outside the project area pending the construction of school with the project area and (b) the potential environmental effects from the construction of additions, either temporary or permanent, to existing schools prior to the construction of schools in the project area." (Id., at 2019.) The Draft See Response GOV4-07. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-33 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PEIR does not contain any discussion of these impacts and effects. As in the Chawanakee case, there is no analysis whatsoever in the Draft PEIR of the impact on school children and surrounding neighborhoods as portable classrooms or permanent construction are added to existing schools, or new schools are built, to accommodate development flowing from the approval of the Project. This would include addition of second stories on existing school buildings. GOV4-09 1. Traffic and Transportation Though the Draft PEIR generally analyzes the impacts of increased traffic, its analysis is inadequate particularly as related to schools. Traffic in the area of the Project is already impacted. The Specific Plan recognizes that the only high school within the District boundaries, Washington High School, is approximately four (4) miles south of the Plan Area, but the Draft PEIR fails to account for the traffic associated with transporting students from newly developed residential areas within the Plan Area to the existing high school, prior to any construction of a high school within the Plan Area. The Draft PEIR must include greater analysis regarding safety issues affected by traffic, such as reduced pedestrian safety (particularly as pupils walk to and from the schools that will serve the Project area), reduced response times for emergency services and first responders traveling to school sites, and increased gridlock during, before, and after school drop-off and pick-up hours. Since the District does not provide regular bussing for students (an important existing condition not addressed in the Draft PEIR), the Project has the potential to create substantial impacts in terms of traffic. Given these concerns and the lack of mitigation measures to address them adequately, the Draft PEIR must be revised and supplemented to analyze the significant issues of traffic and safety as they relate to existing and proposed schools. The Chawanakee case supports the conclusion that greater traffic analysis that specifically takes the District and its students into consideration is required. The travel demand forecasting (TDF) model used in this study (originally developed for the Fresno General Plan Master EIR) includes land use and transportation inputs for all of Fresno County. This includes land use inputs that reflect schools in WUSD, including West Fresno Elementary School, West Fresno Middle School, and Washington Union High School, as well as schools in FUSD, CUSD, private schools, and other public school districts in the county. The TDF model’s trip generation, trip distribution, mode choice, and trip assignment steps, described on page 4.14-29 of the Draft PEIR, account for school trips that would be generated by newly developed residential areas. This includes trips between the proposed residential development in the Plan Area and existing schools as well as proposed school locations in and around the Plan Area. As shown in Table 4.14-9 and Table 4.14-13, Elm Avenue, Martin Luther King Jr. Boulevard, and North Avenue in the southeastern portion of the Plan Area all show increases in a.m. and p.m. peak hour traffic levels with the proposed Plan, reflecting new trips generated by development in the proposed Plan, including school trips to and from WUSD school sites. Per Fresno General Plan policy MT-2-i, a Transportation Impact Study (TIS) will be required for: • all development projected to generate 100 or more peak hour new vehicle trips if they are located in traffic impact zone (TIZ) III (most of the WUSD portion of the Plan Area); • all development projected to generate 200 or more peak hour new vehicle trips if they are located in TIZ II or TIZ IV (the remaining Washington Unified School District portion of the Plan Area); • a project that includes a General Plan amendment; or • a project that will substantially change the off-site transportation system SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-34 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response These transportation studies will evaluate traffic conditions as new development occurs, including traffic generated by school-related trips. Furthermore, future discretionary projects, including new schools, would be required to conduct project-level environmental assessment, including a traffic analysis. The comment expresses concern regarding the findings under Impact TRANS-4. As stated on page 4.14-48 and page 4.14-50 of the Draft PEIR, the proposed Plan includes goals and policies that promote pedestrian and bicycle safety, including the safety of students. This includes Goals T-1, T-3, T-4, T-9, and Policies T-3.5 and T-4.5. The comment expresses concern regarding the findings under Impact TRANS-5 related to response times for emergency services. As stated on page 4.14-50 of the Draft PEIR, the proposed Plan would expand the roadway network to serve forecasted travel demand and improve existing rural or substandard roadways to City standards. This enhanced roadway network that accommodates forecasted travel demand would also provide adequate emergency access. Therefore, the proposed Plan would have a less than significant impact on emergency access. GOV4-10 As stated in Chawanakee, a project's indirect impacts on parts of the physical environment that are not school facilities are not excused from being considered. For example: [A]n impact on traffic, even if that traffic is near a school facility and related to getting students to and from the facility, is not an impact 'on school facilities' for purposes of Government Code section 65996, subdivision (a). From both a chronological and a molecular view of adverse physical change, the additional students traveling to existing schools will impact the roadways and traffic before they set foot on the school grounds. From a funding perspective, the capped school facilities fee will not be used by a school district to improve intersections affected by the traffic. Thus, it makes little sense to say that the impact on traffic is fully mitigated by the payment of the fee. In summary, ... the impact on traffic is not an impact on school facilities and, as a result, the impact on traffic must be considered in the EIR. (Chawanakee, 196 Cal.App.4th at 1028-29.) Please see Response GOV4-09. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-35 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV4-11 The Draft PEIR expressly acknowledges that there will be traffic (and other) impacts associated with construction and operation of new or expanded schools, and it states, " . ..there could be significant adverse environmental impacts from the construction and operation of the schools. Typical impacts associated with schools include: noise and traffic for most of the schools and potentially lighting if there are high school stadiums proposed." [Draft PEIR, p. 4.13-18.] In this regard, the Draft PEIR fails to comply with CEQA and the requirements of Chawanakee. Mitigation measures are required to be enforceable through conditions of approval, contracts or other means that are legally binding. (Pub. Resources Code, §21081.6, subd. (b); Cal. Code Regs., tit. 14, § 15126.4, subd. (a)(2).) The measure in the Draft PEIR that defers mitigation of the impacts of future development does not meet this standard, and is therefore inadequate. It does not commit the City to take any action in the future, or refrain from doing so, and it does not impose any obligation on a third party through a condition of approval or contract. The measure also improperly defers formulation of mitigation. While deferral of specifics is acceptable in some circumstances, the lead agency must articulate specific performance criteria and make further approval contingent on finding a way to meet them. In Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, an EIR was disapproved by the court based on the fact that it improperly deferred mitigation of impacts to an endangered butterfly and did not include any performance standards or guidelines. Rather, the court found that the anticipated plan for management contained nonspecific actions, and left the timing and other specifics subject to the discretion of the habitat preserve manager on prevailing environmental conditions. Therefore, the activities were not guaranteed to occur at any particular time or in any particular manner. Further, the EIR in Preserve Wild Santee did not indicate that it was in any way impractical or infeasible to specify standards or guidelines. Like the EIR in Preserve Wild Santee, the Draft PEIR improperly defers mitigation of significant impacts related to the foreseeable need to construct schools to serve the expected development within the Plan Area. This comment expresses concern regarding deferred mitigation. Mitigation measures describe the actions that will be taken to reduce or avoid an impact. It is ordinarily not appropriate to defer the formulation of mitigation measures until some future time (CEQA Guidelines Section 12156.4(a)(1)(B)). The CEQA Guidelines acknowledge an exception, explaining that mitigation measures may specify performance standards for mitigating a significant impact that might be accomplished in various ways. In Sacramento Old City Ass’n v. City Council (1991) 229 Cal.App.3d 1011, the court held that an agency may defer committing to a specific mitigation measure when it approves a project if the measures that will be considered subsequently are described and performance criteria are identified. The court reasoned that when it is known that mitigation is feasible, but it is impractical to devise specific measures during the planning process, the agency can commit itself to devising measures that satisfy performance criteria. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project, the effects of the mitigation measure are discussed in the Draft PEIR, but in less detail than the significant effects of the project as proposed (Stevens v. City of Glendale (1981) 125 Cal.App.3d 986; CEQA Guidelines Section 15126.4(a)(1)(D)). The Draft PEIR tiers from the Fresno General Plan Master EIR and is consistent with the finding under Impact PS-3. Accordingly, as shown in Chapter 3 of this Final EIR, MEIR Mitigation Measure PS-3 has been included in response to this comment. GOV4-12 The failure adequately to consider and analyze the constraints on the future need to construct schools contemplated in the Draft PEIR also points to a failure to consider adequate and feasible alternatives, as required by CEQA. (See, e.g., As discussed in response to comment GOV4-09, the traffic analysis accounts for school trips that would be generated by newly developed residential areas, and these trips are reflected in the traffic forecasts SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-36 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Pub. Resources Code § 15126.6(a)-(e).) To the extent that the City contends that the traffic analysis "assumes" that there will be school trips associated with residential units, this is not sufficient. There is no specific data or discussion of such school trips, and there is no way to separate those types of trips from other vehicle trips so as to meaningfully review and analyze their impacts. The analysis therefore fails to comply with CEQA. (See, Pub. Resources Code,§ 21003, subd. (b) [EIR must be meaningful and useful to decision-makers and the public]; Cal. Code Regs., tit. 14, §§ 15140, 15147 [maps, charts and other means of presenting information graphically should be used to enhance an EIR's clarity; technical data should be summarized].) presented in Table 4.14-9 and Table 4.14-13 of the Draft PEIR. As described on pages 4.14-29 and 4.14-30 of the Draft PEIR, the plan-level traffic analysis conducted for this programmatic EIR uses the state-of-the- practice four-step travel modeling process to develop traffic forecasts, and state-of-the-practice traffic operations methodologies contained in the Highway Capacity Manual to evaluate traffic operations. The analysis uses specific traffic significance criteria identified in the City of Fresno Traffic Impact Study Report Guidelines and Caltrans’ Guide for the Preparation of Traffic Impact Studies to identify significant impacts, as discussed on pages 4.14-30, 4.14-31, and 4.14-34 of the Draft PEIR. Table 4.14-9 and Table 4.14-13 summarize the a.m. and p.m. peak hour traffic levels for existing conditions, existing plus proposed Plan conditions, and cumulative conditions side-by-side so readers can easily see how traffic changes by segment. Figures 4.14-5, 4.14-13, and 4.14-17 present maps with average daily traffic (ADT) volumes on study roadway segments, while Figures 4.14- 6, 4.14-7, 4.14-14, 4.14-15, 4.14-18, and 4.14-19 present maps showing the a.m. and p.m. level of service (LOS) to make the results of the analysis more accessible to readers. Since the analysis presented in Chapter 4.14 of the Draft PEIR uses state-of- the-practice methodologies, relevant traffic significance criteria for the lead and responsible agencies, clearly presents the results of the analysis, and summarizes the potential impacts of the proposed Plan on transportation and traffic, the Draft PEIR sufficiently describes the transportation effects in a meaningful and useful way for decision makers and the public. GOV4-13 2. Impacts of commercial development The Draft PEIR ignores the impact of commercial development on the generation of students and demand for schools. This oversight apparently results from a flawed assumption with no basis. In fact, the Legislature has expressly recognized that commercial development generates students. Otherwise, it would not have authorized school districts to charge fees against commercial and industrial development, as it did with Education Code section 17620(a)(l)(A). The imposition of fees on commercial and industrial development is based on the premise, recognized by the Legislature, that this type of development will attract new employees with families and therefore will generate new students. (See, The comment expresses concern regarding student generation rates. The City attempted to contact the WUSD in July 2017 during the preparation of the Draft PEIR. The WUSD did not provide background data on how their student generation rates are established as requested on July 11, 2017. The WUSD is responsible for establishing its student generation rates. Absent this information, the City reasonably used student generation rates from another local school district, the FUSD. These rates are based on residential growth and not commercial growth. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements; thus, no additional analysis per the commenter’s SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-37 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Shapell Industries, Inc. v. Governing Board (1991) 1 Cal.App.4th 218, 246.) Since California law provides for fees to be imposed on both residential and commercial development, it recognizes that the students generated by these types of development do not necessarily overlap. Thus, the impacts of student generation resulting from both types of development must be analyzed. request is required. GOV4-14 III. Plan Consistency The Draft PEIR also fails adequately to consider consistency with the City of Fresno General Plan ("General Plan"). The Draft PEIR acknowledges that the General Plan contains the goal of "Appropriate School Locations," and "Park and School Park and School Site Coordination." [Draft PEIR, p. 4.13-14 (quoting Policies POSS-8-b/c).] No analysis is undertaken and no information is provided as to whether the Project will result in such efficient and equitable distribution of quality educational facilities. In fact, the development likely will be underserved by school facilities, and hence educational opportunities, as discussed earlier. Residents of the Project will therefore face inequity with other students in the District, including undersized schools, lack of play space, lack of parking, school overcrowding, and potentially disadvantageous location of facilities near railroad tracks and gas pipelines. This inconsistency and relating impact must be addressed in the Draft PEIR. The comment expresses concern regarding consistency with the City of Fresno General Plan. As stated on page 4.13-19 of the Draft PEIR, implementation of "Goal PF-8: Locate parks, schools, and other public facilities equitably," among other requirements, would result in less-than- significant impacts to schools; thus, no additional analysis per the commenter’s request is required. GOV4-15 Conclusion The Draft PEIR does not adequately analyze the Specific Plan's potential impacts, particularly as related to schools. The Draft PEIR must address with greater specificity the impacts on school facilities and services, student safety, and more, as addressed in this letter. The District encourages the City to work cooperatively with the District and consider alternative mitigation measures that can assist in adequately mitigating the impacts on the District's schools and the affected surrounding environment. The Draft PEIR is also deficient in the other manners discussed above. The District stands ready to meet and work with the City to address these vital issues. See Master Response 2. The City is committed to working with the WUSD, as stated in Policy PF-5.1 of the proposed Plan. GOV5 9/25/2017 Steven White, Director, County of Fresno Department of Public Works & Planning GOV5-01 Sophia Pagoulatos, Planning Manager 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 SUBJECT: Notice of Availability of the Draft Program Environmental Impact Report for the The text on page 4.14-9 of the Draft PEIR notes General Plan policy MT-11- c. These comments do not relate to the adequacy or accuracy of the Draft PEIR or the potential environmental effects of the proposed project. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-38 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Southwest Fresno Specific Plan Dear Ms. Pagoulatos, The County of Fresno appreciates the opportunity to review and comment on the subject Notice of Availability. In the Transportation and Circulation section of the Technical Appendices, the plan proposes new and modified truck routes on the below County Roadway segments: 1. Central Avenue - SR 41 to West Avenue 2. Church Avenue - West Avenue to Marks Avenue 3. Elm Avenue - Central Avenue to North Avenue 4. West Avenue - Central Avenue to North Avenue 5. Marks Avenue - Church Avenue to Kearney Boulevard Based on data gathered on these roadways in the PMS database, the existing roadway conditions of some of these roads include narrow pavement widths and very low PCI. Even though this is a planning document, the recommended truck routes should be thoroughly discussed and evaluated before designating the proposed routes as future truck routes. The County requests to be included in all discussions regarding truck routes and potential impacts to County Roads. Please contact Tong Xiong from our Design Division ((559) 600-4532 or tonxiong@co.fresno.ca.fresno) and Frank Daniele from our Road Maintenance and Operations Division ((559) 600-4268) or fdaniele@co.fresno.ca.us) regarding this request. We appreciate the opportunity to comment on the project. If you have any questions, you may email me at cmonfette@co.fresno.ca.us or contact me at (559) 600-4245. Sincerely, ELECTRONIC SIGNATURE Chrissy Monfette, Planner Development Services Division CMM: G:\4360Devs&Pln\EnvPlan\OAR\City of Fresno\Southwest Fresno Specific Plan\NOA\SWF SP NOA Comment Letter.dotx c: Bernard Jimenez, Deputy Director of Planning SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-39 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response William M. Kettler, Development Services Division Chris Motta, Development Services Division Marianne Mollring, Development Services Division GOV6 9/27/2017 Wendull Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District GOV6-01 Ms. Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department 2600 Fresno Street, RM 3065 Fresno, CA 93 721 Dear Sophia, Fresno Metropolitan Flood Control District (District) Comments on the Draft Program Environmental Impact Report (DPEIR) for City of Fresno Southwest Specific Plan (Plan) SCH#2017031012 District has reviewed the subject DPEIR for the City of Fresno Southwest Specific Plan and has the following comments. The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV6-02 1. On page 4.9-15 under Local Surface Waters and Drainage, the storm drainage pipe system (not the basin as called out in the text) has the capacity for a two- year storm and the basin is designed for six-inches (6") of rain over the Master Planned water shed areas . Further in the paragraph it should be noted in older areas of the existing system there may not be available area to expand basin property to allow a 20 percent change in required volume. The same comment is applicable to 4.9-24 and 27. Text edits to Chapter 4.9 of the Draft PEIR have been made to clarify the capacity of the storm drainage pipe system. These edits are shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. These revisions do not affect any conclusions or significance determinations provided in the Draft PEIR. GOV6-03 2. On pages 4.9-16 and 4.9-25 for their respective tables the column identifying "Acres" needs to provide more clarification. For example it is not the acreage of the drainage area, but perhaps acreage of the area within the area that is affected by the Plan. Also on the table is an identified volume for "GP Required Basin Volume" and "Specific Plan Required Basin Volume". Please provide the documentation for these calculations for review and verification. At this time the District is unable to provide proper comment to these values as presented and will provide comment after receipt of support documentation. The acreages and volumes are from Blair Church and Flynn Consulting Engineers, who prepared Chapter 7 (Utilities) of the Specific Plan dated 4- 24-17. No revision pending further comment from FMFCD. GOV6-04 3. Figure 4.9-1 FMFCD Urban Flood Control System Area is from 2014 and is out of date I and should be replaced with the current version. The most recently published map is dated 12/9/ 2016 and is included as an attachment for your use. Figure 4.9-1 in Chapter 4.9 of the Draft PEIR has been revised per the commenter's suggestion. This edit is shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. The revision does not affect any conclusions or significance determinations provided in the Draft SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-40 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PEIR. GOV6-05 4. Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area is based on the 2014 FMFCD facilities map and is out of date and should be replaced with the current version. The most recently published map is dated 12/ 9/2016 and is included as an attachment for your use. Figure 4.9-2 in Chapter 4.9 of the Draft PEIR has been revised per the commenter's suggestion. This edit is shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. The revision does not affect any conclusions or significance determinations provided in the Draft PEIR. GOV6-06 The comments previously provided in the letter dated March 30, 2017 are still applicable for the Fresno Southwest Specific Plan prior to this subsequent request for comment for the DPEIR for the City of Fresno Southwest Specific Plan. Thank you for the opportunity to comment. Please keep our office informed on the development of the project and if you have any further questions, or need any additional information, please contact the District at (559) 456-3292. Very truly yours, Signature Wendell Lum Master Plan Special Projects Manager WL/MW/lrl Attachment The comment serves as a closing remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV7 9/28/2017 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District GOV7-01 From: Wendell Lum [mailto:wendelll@fresnofloodcontrol.org] Sent: Thursday, September 28, 2017 11:04 AM To: Sophia Pagoulatos Subject: Southwest Specific Plan - Additional Comment Sophia, The District would like to add an additional comment pertaining to the City’s Southwest Specific Plan. On page 4.9-15, please delete sentence “When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area” and the number 18 citation ”Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood control District. Phone Call with Place Works, April 11, 2014.” Chapter 4.9, Hydrology and Water Quality, includes an analysis of surface water and drainage, which are evaluated using FMFCD data. Text edits to Chapter 4.9 of the Draft PEIR have been made to clarify stormwater detention processes. These edits are shown in Chapter 3, Revisions to the Draft PEIR, of this FEIR. These revisions do not affect any conclusions or significance determinations provided in the Draft PEIR. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-41 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response See the included attachment. Today, this situation is a rare occurrence because the District plans and constructs basin relief pipelines in order to avoid pumping water on the streets. The District’s current generation of Storm Drain Master Plans include basin relief pipelines that intertie the adjacent drainage areas together. This is the case for basins that do not have direct access to a canal for relief. Operationally, the District calls this situation a tiered relief system. The upstream basin pumps flow thru the relief pipeline to an adjacent downstream basin. This operation repeats until the water is ultimately moved to a downstream basin that has a permanent relief such as a canal or the river. Or the storm water may be detained at a downstream basin facility for recharge purpose depending on the forecasted weather conditions or maintenance requirements. Wendell Lum Master Plan Special Projects Manager Fresno Metropolitan Flood Control District 5469 E. Olive Avenue Fresno, Ca 93727 (559) 456-3292 Wendelll@fresnofloodcontrol.org www.fresnofloodcontrol.org B. Non-Governmental Organizations and Private Companies ORG1 8/11/2017 Terance Frazier, TFS Investments, LLC ORG1-01 I am the property owner of the three parcels of land located at the southeastern corner of E. Church Avenue and Walnut Avenue. The APN numbers are: APN 479-050-01 APN 479-050-06 APN 479-050-08 In reviewing the Land Use Map of both the Specific Plan and the DPEIR, I'm noticing that only the large 10+ acre parcel is designated Neighborhood Mixed- Use (NMX). In fact, all three parcels should be designated NMX per the fourth amendment that was approved by the City Council on December 8, 2016. As the owner of these three parcels, I respectfully request that the Land Use designations in the final Specific Plan and DPEIR be revised to include all three of the above parcels as being designated NMX, consistent with the intent of the City The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-42 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Council action in December 2016. ORG2 8/27/2017 Lee Ayres, Tree Fresno ORG2-01 Good afternoon – We wish to submit the following comments on the Plan and the program EIR: • Thanks for the thorough detail on conditions and terms. • We recommend that you add language that the Specific Plan policies and plans will be applied to adjacent areas when annexed in order to foster a coordinated plan for SW Fresno. • We applaud the policies on Green Streets to promote bicycle and pedestrian use. • Given that this is a Specific Plan, it would be helpful and appropriate to emphasize specific aims that would give this community a comparative advantage when competing with subdivisions in Fresno, Kerman, Fowler and Selma. These could include: • Green Streets to provide safe routes to schools and connect every neighborhood with the jobs in near the HSR station. • A target tree canopy of 40% • Alternative Subdivision Standards to reduce street widths and increase lot sizes and landscape ratios. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG2-02 • A Community Landscapes Plan (recently funded by a CDBG grant) to develop tree and plant collections for each major neighborhood, new and existing. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. The redline version of the Plan will include the Community Landscapes Plan as an implementation measure in Chapter 8 Implementation. ORG2-03 • We question the allocation of an above average amounts of land for commercial uses, given traffic and aesthetic impacts, unless you can demonstrate this would provide job within walking distance for residents. The Draft PEIR addresses the proposed Plan's impacts related to aesthetics and traffic in Chapters 4.1 and 4.14, respectively. The proposed Plan includes goals and policies that promote commercial uses to be located within walking distance of residents, including Goal LU-3, Policy LU-3.1, Policy LU-3.2, Goal LU-6, and Policy LU-6.1. ORG2-04 • We challenge the low allocation of land for parks; given our low ParkScore. The Draft PEIR addresses the proposed Plan's impact on meeting the City's parks and open space standard of 3 acres per 1,000 residents. The Draft PEIR includes Mitigation Measure PS-7, which mandates that "if the ratio is not met, the City should explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development." SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-43 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response ORG2-05 In fact, it would be in the interest of the future attractiveness of SW Fresno to double the existing park ratio. • Rather than not recognize Hyde Park and the Regional Sports Park as neighborhood assets, it would be better to mitigate the concerns and improve these parks. This will not reduce the need to add more. • A Community Park of 20 or more acres – maintained to a high standard – needs to be called out as a priority in the Edison High-Hinton-Computech-Gaston area. If a Community College Campus is located nearby, it would make sense to master plan the combined Greenspace provided by the school, park and college properties. • We recommend a ¼ mile buffer for pedestrians and bicyclists from major arterials such as North, Jensen, and California/Venture due to the noise, child safety and near-road air pollution. Same for schools and parks. Please see Master Response 1. ORG3 9/25/2017 Christopher Hall, Partner, McCormick Barstow LLP ORG3-01 This letter is issued on behalf of my client Darling Ingredients Inc., who own interests in properties within the lands encompassed by the Southwest Fresno Specific Plan (the "Project"). This is a comment letter concerning the Draft Environmental Impact Report ("DEIR") for the Project. Please ensure this letter is included in the Record of Proceedings regarding the consideration of the Project by the City of Fresno (the "City"). l. The EIR Project Description Omits a Significant Feature of the Project - the Goal to Displace All Developed Industrial Land Uses Within the Project Boundaries. An EIR's Project Description is required to include a clearly written statement of the objectives sought by the proposed project (CEQA Guidelines Section I 5 I 24(b)). A fundamental purpose of this Project is to abolish all zoning and land use districts for all industrial uses within the Project Boundaries, including lands that have been previously developed and which support a significant employment base for the City. (the Southwest Fresno Specific Plan Figure 3-2). However, that purpose and objective of the Project is nowhere disclosed in the Project description. The proposed Plan requires neither the relocation or cessation of existing uses or businesses, including industrial uses and businesses that have been lawfully sited and are operating within the Plan Area. Therefore, this information is not included in the Project Description. The commenter is correct that the proposed Plan reflects a change in the City's approach for accommodating future industrial development within the city. The proposed Plan envisions a gradual transition of industrial land uses in the Plan Area to land uses such as office, residential, park, public facilities, mixed-use, and commercial. The proposed Plan’s Vision chapter addresses the incompatibility of locating industrial uses near residential uses, and includes a set of industrial compatibility guiding principles to improve the quality of life of existing and future residents. These guiding principles, found on page 2-4 of the proposed Plan, include: “monitor and mitigate negative impacts of industrial uses from becoming a nuisance and hazard to residents”; “prohibit new industrial development in the Specific Plan Area through the adoption of proposed Specific Plan land use and zoning provisions and restrict the proximity of and truck routes near residential areas to the maximum extent feasible”; “locate new industrial development away from Southwest Fresno residential neighborhoods”; and “increase transparency and communication between government staff, government and elected officials, residents, and stakeholders regarding proposed industrial uses and/or improvements.” The city limit SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-44 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response contains adequate land available outside the Plan Area that may accommodate industrial uses. Currently, a total of approximately 7,250 acres citywide are designated for industrial use. Of that land, approximately 2,150 acres are vacant (including parcels identified as partially vacant) per City GIS data. Within the Plan Area, there are a total of 217 acres of existing industrial business properties. While the proposed Plan does not designate land for new industrial development within the Plan Area itself, it provides policy direction to direct new industrial growth in other areas of the city and within the City’s Sphere of Influence (SOI). Policy LU-8.2 states: “Prioritize the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial development.” Policy LU-8.2 is consistent with the City’s General Plan in that the “Reverse Triangle” area is located within the General Plan’s “South Industrial Area,” which is designated for Heavy Industrial land uses. Policy LU-8.3 states: "When 85 percent of the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses." These parcels are located directly adjacent to, but outside of, the Plan Area and within the SOI. It is the proposed Plan’s intent for future annexation of these parcels within the SOI. Note that even after annexation, these parcels would still be located outside the Plan Area. Policy LU-1.2 states: “Following the Fresno General Plan amendment to approve the Plan Area’s proposed land uses, amend the Fresno General Plan to approve the proposed land uses located outside of the Plan Area and in the SOI as shown in the Vision for Southwest Fresno for the purposes of future annexation.” Other policies under Goal LU-8 support a long-term transition of assessing and/or improving the compatibility of existing industrial uses, and locating new industrial uses to other areas of the city which are more compatible for industrial uses. Policy LU-8.4 addresses the enforcement and evaluation of performance on the operation of existing industrial activity related to air quality, odor, noise, and vibration. Policy LU-8.5 calls for the completion of the Industrial Land Use Compatibility Study, which would further identify and adopt long-term solutions for industrial land uses in existing neighborhoods. Text on pages 4.10-6 and 4.12-7 of the Draft PEIR has been revised to more accurately reflect that, while the SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-45 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response proposed Plan does not directly plan for growth outside of the Plan Area, the proposed Plan reflects the City's citywide approach to accommodating new industrial development. Finally, while the proposed Plan envisions the prohibition of new industrial uses, as well as the eventual transition of existing industrial uses to non- industrial uses, the proposed Plan does not require the immediate cessation or relocation of existing industrial uses which were lawfully established as defined by the Fresno Municipal Code. Industrial uses which were lawfully established prior to adoption of the proposed Plan will be governed by FMC section 15-402, et. seq. Transition of those sites to non- industrial uses is expected to occur over time, subject to market forces. ORG3-02 The DEIR Project Description does disclose that the Project results in 1 million square feet of less employment related uses than intended by the recently adopted 2015 General Plan. However, the DEIR claims that this decrease is the result of the change of business park and regional business park uses to other land uses such as residential, park, mixed use, and commercial (DEIR page 3-10). No mention is made of the abolition of all industrial land use designations, including the industrial designations that apply to developed industrial uses that are the source of significant employment. The comment correctly states that all industrial land use designations would be removed in the Plan Area. The text of the Project Description has been revised to describe this more clearly, as shown in Chapter 3 of this Final EIR. However, the redeisgnation and rezoning of existing industrial land uses will not necessarily result in a corresponding decrease in employment uses because the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. As such, concluding that the redesignation and rezoning of industrial land within the Plan Area would result in a decrease in employment uses is speculative, and subject to market forces. Further, redesignation of existing industrial parcels to non-industrial designations does not require the immediate cessation and relocation of existing industrial uses which were lawfully established prior to adoption of the plan. Such lawfully established industrial uses are expected to transition to non-industrial uses over time, subject to market conditions. In this way, the timing and quantity of potential employment losses related to this transition is unknown. Therefore, quantification of potential employment losses related to the transition the existing lawful industrial uses to non-industrial uses is speculative. ORG3-03 The City has had a long-standing policy, existing since the early 1970's and reaffirmed by the adoption of the 2015 General Plan, to support the retention of Please see Responses ORG3-02 and ORG3-05. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-46 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response industrial uses in the Plan Area. These policies were supported by substantial investments of Federal and Redevelopment Agency funding, which the City now intends to discard. The City possesses the land use authorities to make this significant change in long standing policy. However, the City is obligated to comply with CEQA in exercising those authorities. By failing to disclose this intended displacement policy, the City fails to analyze the potential for significant negative environmental impacts that may arise by the implementation of such a policy. Further, the Fresno General Plan did not specifically prioritize the retention of industrial uses within the Plan Area. Instead, industrial uses were contemplated in the Fresno General Plan to be located in the “South Industrial Area” which is outside the boundaries of the Plan Area. Relative to the acreage of land available for industrial uses within the City and the SOI, the amount of land proposed for redesignation to non-industrial uses is not significant, and substantial land remains available to meet the City’s industrial use needs. ORG3-04 2. The EIR Analysis of Land Use Impacts Fails to Disclose the Intended Displacement of All Developed and Undeveloped Industrial Land Uses Within the Project Boundaries. The primary purpose of an EIR is its service as a public informational document. (Public Resources Code Section 21061 ). If the EIR fails to comply with CEQA's information requirement, the lead agency has abused its discretion and failed to proceed in the manner required by law. (Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal. 4th 4 12, at page 435). The DEIR confirms that one of its standards of significance requires that it evaluate whether the Project conflicts with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project. (DEIR Page 4.10-2). However, the DEIR fails to sufficiently conduct the required evaluation of this important potential environmental impact. As a result, the DEIR fails to provide the public information required to achieve the EIR's required purposes. Specifically, the DEIR at Table 4.10 lists various elements of the City of Fresno's adopted 2015 General Plan, and references that Plan's policy LU-7, which requires that the City "plan and support industrial development to promote job growth". The DEIR then states that the Project is consistent with Policy LU-7 because the Project's Goal LU-8 "supports long term sustainability of industrial uses by directing them outside the plan area, where they will not conflict with existing neighborhoods." Displacing existing industrial development that was recently supported by the 2015 General Plan cannot reasonably be construed as consistent with a pol icy of planning and supporting industrial development. The proposed Plan is not in conflict with applicable Fresno General Plan objectives and policies related to industrial uses. The commenter has mischaracterized the Fresno General Plan’s policy of planning and supporting industrial development to promote job growth as a policy that requires retention of all industrial designations in perpetuity. The Fresno General Plan also states that new development should be consistent with surrounding uses, including residential uses (LU-1-b). In furtherance of the Fresno General Plan vision for compatible uses, the proposed Plan envisions a gradual transition of industrial land uses in the Plan Area to land uses such as office, residential, park, public facilities, mixed-use, and commercial. The proposed Plan’s Vision chapter addresses the incompatibility of locating industrial uses near residential uses, and includes a set of industrial compatibility guiding principles to improve the quality of life of existing and future residents. These guiding principles include: “monitor and mitigate negative impacts of industrial uses from becoming a nuisance and hazard to residents”; “prohibit new industrial development in the Specific Plan Area through the adoption of proposed Specific Plan land use and zoning provisions and restrict the proximity of truck routes near residential areas to the maximum extent feasible”; “locate new industrial development away from Southwest Fresno residential neighborhoods”; and “increase transparency and communication between government staff, government and elected officials, residents, and stakeholders regarding proposed industrial uses and/or improvements.” The City limit contains adequate land available outside the Plan Area that may accommodate industrial uses. Currently, a total of approximately 7,250 acres citywide are designated for industrial use. Of that land, approximately 2,150 acres are vacant (including parcels identified as partially vacant) per City GIS data. While the proposed Plan SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-47 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response does not designate land for new industrial development within the Plan Area itself, it provides policy direction to direct new industrial growth in other areas of the city and within the City’s Sphere of Influence (SOI). Policy LU-8.2 states: “Prioritize the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial development.” Policy LU-8.2 is consistent with the City’s General Plan in that the “Reverse Triangle” area is located within the General Plan’s “South Industrial Area,” which is designated for Heavy Industrial land uses. Policy LU-8.3 states: "When 85 percent of the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses." These parcels are located directly adjacent to, but outside of, the Plan Area and within the SOI. It is the proposed Plan’s intent that these parcels within the SOI be annexed in the future into the City’s limit. Note that even after annexation, these parcels would still be located outside the Plan Area. Policy LU-1.2 states “Following the Fresno General Plan amendment to approve the Plan Area’s proposed land uses, amend the Fresno General Plan to approve the proposed land uses located outside of the Plan Area and in the SOI as shown in the Vision for Southwest Fresno for the purposes of future annexation.” Other policies under Goal LU-8 support a long-term transition of assessing and/or improving the compatibility of existing industrial uses, and locating new industrial uses to other areas of the city which are more compatible for industrial uses. Policy LU-8.4 addresses the enforcement and evaluation of performance on the operation of existing industrial activity related to air quality, odor, and noise. Policy LU-8.5 calls for the completion of the Industrial Land Use Compatibility Study, which would further identify and adopt long-term solutions for industrial land uses in existing neighborhoods. Text on pages 4.10-6 and 4.12-7 of the Draft PEIR has been revised to more accurately reflect that, while the proposed Plan does not directly plan for growth outside of the Plan Area, the proposed Plan reflects the City's citywide approach to accommodating new industrial development. Further, cessation of lawfully established and lawfully operating existing industrial uses is anticipated to occur over time and subject to market SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-48 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response forces. In this way, the proposed Plan is consistent with Fresno General Plan Objective LU-7 and its subsequent policies. ORG3-05 In addition, the Project's Goal LU-8 does not actually direct industrial uses to areas outside the Plan Area. That is because the Project does not implement any land use policies for any lands outside the Plan Area. (Southwest Specific Plan Page 3-2). Adopting a ban on existing and future industrial land uses within the Plan Area lands does not implement a strategy for directing such uses to other areas. It simply draws a perimeter around an area within which such uses can no longer be conducted. The Specific Plan details a number of negative environmental factors associated with existing industrial uses. The ban that the Specific Plan adopts on such uses with the Plan area will presumably visit such negative impacts to other locations. However, the potential for that environmental impact arising from the Project's relocation of existing industrial uses is nowhere acknowledged or analyzed. Future development of industrial uses in other areas of the city would occur over time subject to market forces. As a program-level EIR, analysis of such potential future projects would be speculative. Furthermore discretionary projects throughout the city, including within the Plan Area, would undergo environmental assessment, as required under CEQA. Please also see Responses ORG3-01 and ORG3-02, and Master Response 2. ORG3-06 The Plan includes Policy LU-8.3 which states an intent to focus new industrial growth within a designated "reverse triangle area", and then allowing light industrial growth in a separate targeted area when a percentage of industrial lands in the reverse triangle area have been developed with heavy industrial uses. (Southwest Specific Plan Page 3- 15.) However, there are no new industrial land uses being allocated by this Plan because the Plan only addresses land uses within the Plan's boundaries. Both the "reverse triangle area" and the location where additional light industrial growth might be permitted are outside the Plan area. The DEIR fails to disclose this important fact, even while it claims that the Plan supports long-term sustainability of industrial uses. By failing to disc lose that Policy LU-8.3 is in fact not being implemented, the DEIR fails to provide the public information required to achieve the DEIR's required purposes. Please see Responses ORG3-01 and ORG3-02. ORG3-07 The DEIR also includes, at Page 4.12-7, the misleading statement that "New industrial jobs could occur in existing industrial businesses; however, the proposed Plan redirects new industrial uses to locations outside of the Plan Area to remove land use conflicts with nearby residential and other sensitive uses". That statement is misleading. The Plan does more than redirect new industrial uses to locations outside the Plan Area. It also redirects existing industrial users to relocate outside the Plan Area by adopting land use and zoning designations that will denigrate such uses to legal non-conforming zoning status. In addition, The proposed Plan would guide new development over time within the Plan Area but would not directly result in any new development projects or changes to existing land uses. Further, the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. Therefore it is speculative to conclude that redesignation and rezoning will create blight because it presumes that the SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-49 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response the City's Development Code imposes significant legal hurdles that seek to restrain the ability of legal non-conforming uses from expanding their non- conforming activity. (Fresno Municipal Ordinances Section 15-404). Any business activities that increase industrial employment at existing industrial sites will be treated by the City as an expansion of the nonconforming use, which the Development Code is designed to constrain. Therefore, the Project actually seeks to assure that new industrial jobs do not occur in existing industrial businesses, which is inconsistent with the DEIR's description of the Project's impact. existing industrial uses will be forced to vacate instead of gradually transitioning to non-industrial uses subject to market forces. Changes in business activities or decisions made by existing businesses within the Plan Area would occur over time subject to market forces, and it would be speculative for this program-level EIR to try to determine how businesses will choose to operate in the future. Please see Master Response 3, as well as Responses ORG-3-01 and ORG3-04. ORG3-08 3. The DEIR's Analysis of Aesthetic Impacts Fails to Disclose the Blighting Influences that Will Result from its Designation of Developed Industrial Land Uses as Legal Nonconforming Status. The Project adopts a bold plan to rid the Southwest Fresno community of all existing industrial uses. However, the Project and the DEIR fail to incorporate any measures that reasonably transition the existing uses into the newly adopted land uses. This lack of a strategic approach to the displacement of substantial existing industrial uses will likely result in the existing sites becoming vacated and unable to be effectively developed in accordance with the Plans new land use designations. There is therefore a substantial likelihood that constrained industrial use properties will thereby create blighting influences. Neither the Project nor the DEIR set forth any implementation arrangement for transitioning the newly designated legal nonconforming uses into uses that comply with the Project's designations. The only City policies that would apply for those purposes are the regulatory arrangements that the City's Development Code imposes on legal nonconforming uses, set forth at Article 4 of Chapter 15. However, the provisions of that Code, its effectiveness in attaining the desired transition of land uses on the developed industrial sites, and the potential environmental impacts of the imposition of the Code's standards to such sites, is not disclosed nor analyzed in the DEIR. The Development Code imposes special conditional use permit requirements for any "expansion" of a legal nonconforming use, which requires extraordinary findings, and which requires that the user overcome the Development Code's stated presumption that the legal nonconforming use is creating an adverse impact. (Development Code Section 15-404-B and 15-405-E-2). Therefore, when any existing industrial uses seek an "expansion" of the use, the consequences of the Project is that the Development Code will impose substantial legal The comment expresses concern regarding the transition of current industrial uses to office land uses. As described in Section 1.3 of Chapter 1, Introduction, the Draft PEIR is a program-level EIR for a long-term policy document that tiers from the City of Fresno General Plan Master EIR with the purpose "to promote construction of needed housing and other development projects by (1) streamlining regulatory procedures, (2) avoiding repetitive discussions of the same issues in successive environmental impact reports, and (3) ensuring that EIRs prepared for later projects which are consistent with a previously approved policy, plan, program, or ordinance concentrate upon environmental effects that may be mitigated or avoided in connection with the decision on each later project." Accordingly, it is infeasible to determine the exact timing and location of future land use transitions that may occur through implementation of the proposed Plan. Furthermore, such transitions will occur subject to market forces; therefore it is speculative for the Draft PEIR to analyze the secondary physical impacts that may occur from such unknown future economic changes. Further the comment asks the City to identify economic issues related to existing businesses; please see also Master Response 2. Further, the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. Therefore it is speculative to conclude that redesignation and rezoning will create blight because it presumes that the existing industrial uses will be forced to vacate instead of gradually transitioning to non-industrial uses subject to market forces. In addition, existing industrial uses only account for 217 acres of the Plan Area. Any site that is vacated by an existing industrial legal SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-50 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response impediments. Once an industrial use terminates on a site, that site will likely still be surrounding by existing industrial uses. The transitioning site will then effectively suffer the consequences of a "spot zoning" arrangement, where all properties adjacent to the site are supporting the industrial uses to the extent such uses are allowed by their legal non-conforming status. nonconforming use can be repurposed to a non-industrial use and to conclude that the relatively small quantity of sites to be redesignated will not be reused is speculative. Also, please see Master Response 2 and response ORG3-01. ORG3-09 The current industrial uses are being commanded to transition to Office land uses. However, the feasibility of developing a transitioning site to the uses permitted by the Project is not evaluated by the DEIR. The City's General Plan states that the Office land uses are to be focused on as administrative, professional and public offices and is a land use designation designed for office uses on smaller lots generally located on arterial roadways (Fresno General Plan, page 3-40). However, the Project contains. larger sized industrial parcels that are developed on sites whose roadways were specifically designed and developed by the City to establish visual barriers between those uses and adjacent roadways. (See Fruit/Church Industrial Area Plan prepared in 1970 by Design Omnibus for the Fresno West Development Company, Inc., an economic development entity of the City of Fresno created as part of the Fresno Model Cities Program and Tentative Tract Map No. 2573 for the Southgate Industrial Park, submitted by the City of Fresno on September 20, 1973 ). These sites are now being allocated an Office land use and zoning, which the Fresno General Plan confirms is designed for office uses on smaller lots generally located on arterial roadways. These existing industrial sites are to conduct that transition to office uses on sites with parcel and roadway designs that are not consistent those that the General Plan states are appropriate for such uses. The existing industrial sites are further to conduct such transition in the midst of legal nonconforming industrial uses. Yet, despite such significant hurdles, the potential environmental impact of the blighting influences that will result if the intended land use transactions are not done in an effective manner is nowhere disclosed or analyzed in the DEIR. Please see Response ORG3-08. ORG4 9/25/2017 Andy Levine, et al., Leadership Counsel for Justice and Accountability ORG2-06 • Recommend a pedestrian/bicycle tunnel under North Avenue at Santa Clara Avenue with North treated as a Green Street west of Elm. The Cargill plant at The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-51 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Church and MLK needs to be put in a non-conforming use status and phased out with the trucks re-routed to Central. The 41 + North Corridor Complete Streets Plan identifies and recommends specific pedestrian crossing improvements along North Avenue, which have been incorporated into the redline version of the proposed Plan as an implementation measure in Chapter 8 Implementation. ORG2-07 • MLK should treated as a Green Street between Church and California due to the MLK elementary school and the proposal that this section of MLK street become a Green Street to connect SW Fresno neighborhoods with employers near the HSR station. • We sense that the planning team was driving with their foot on the brake to limit the proposed investments on community assets in the neighborhood. Just as we have witnessed with the Parks Master Plan. We need to be bold and set forth what is reasonable and needed and call for measures to fund the O&M costs. • The commercial nodes proposed at Marks and 180 and at Jensen and MLK make sense. Mixed land uses in this low-density suburban setting are not likely to be viable. • The land use plan for a retail center at the SW corner of Church and MLK in not in the community interest with the concentration of school children nearby. • New development is badly needed at Fruit and California to mitigate blight and energize this section of the BRT corridor. This may be a suitable place for a TCC multi-family housing subsidy. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG4-01 Thank you for the opportunity to comment on the City of Fresno’s Southwest Specific Plan (“SWSP”) and Draft Environmental Impact Report (“DEIR”). Leadership Counsel for Justice and Accountability works alongside disadvantaged communities across the Central and Coachella Valleys, including in the City of Fresno, to advocate for sound policy and eliminate barriers to opportunity on the basis of wealth, race, income, and place. Throughout the development of the Southwest Specific Plan, we have worked closely with West Fresno residents to identify community priorities for the plan and ensure that the plan reflects and advances those priorities. These comments aim to assist the City in preparing a final SWSP and EIR that realize residents’ goals of achieving healthy neighborhoods. To create communities with the resources and amenities necessary for residents to thrive and meaningfully mitigate cumulative and new environmental impacts resulting from the SWSP. 1. Revisions and Additions Required to the Draft Southwest Specific Plan The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-52 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response We commend staff for its responsiveness to resident and stakeholder requests that the City host additional Steering Committee meetings to allow further discussion of public comments received on the previous SWSP draft. The Draft SWSP includes many of the recommendations discussed and agreed upon by the Committee, nonetheless, the Draft does not accurately reflect or include all of the revisions voted on. We recommend the following changes to ensure that the Final SWSP fully includes the revisions recommended by the Committee and Southwest Fresno has an enforceable and purposeful plan. ORG4-02 A. Include a Clear & Realistic Timeframe For Completing The Industrial Compatibility Study The Draft indicates that the City will complete a draft Industrial Land Use Compatibility Study by December 8, 2017. To our knowledge, the City has not initiated development of the draft study and therefore the stated deadline is unrealistic. The Final Draft should include a realistic timeline that will allow for development and adoption of the study with robust community input and also reflects the high priority placed by the community and Steering Committee on improving environmental health and addressing incompatible land uses in West Fresno. Based on these considerations, we recommend a completion deadline of January 2019. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. The redline version of the proposed Plan includes a revised deadline for the completion of a draft Industrial Land Use Compatibility Study of January 2019. ORG4-03 B. Add Detail & Cost Estimates to the Actions Identified in the Implementation Chapter In recognition of the importance of ensuring residents’ ability remain in West Fresno and enjoy the benefits of SWSP implementation as well as the extreme vulnerability of existing residents to displacement, the Steering Committee established Policy LU-4.8. As further discussed in Section 2-B below, the SWSP must specify a clear timeframe for the development and adoption of the anti- displacement strategy which includes a robust public process. The City should align the development of the anti-displacement strategy with implementation of Housing Element Program 12A, Downtown Displacement Prevention, which requires the City to convene a committee in 2018 and develop and adopt an anti- displacement strategy within six months thereafter. Like Program 12A, LU 4.8 should specify that the anti-displacement strategy will aim to prevent and mitigate any displacement of both residents and businesses in the Plan Area. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. An anti-displacement strategy is included in the redline version of the proposed Plan as an implementation measure, which includes responsible party and support parties and an implementation time frame, in Chapter 8 Implementation. ORG4-04 C. Eliminate Additional Truck Routes That Conflict with Southwest Neighborhood Settings The SWSP includes important policies long sought by the community to reduce the air pollution, noise, vibration, and aesthetic impacts of truck traffic that The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. Figure 5-6 has been revised in the redline version of the proposed Plan to SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-53 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response currently runs through the Plan Area. The Final Plan should include two further changes to address concerns regarding incompatible routes raised by residents: (1) elimination of the existing truck route on Elm Avenue north of Jensen, and (2) elimination of the additional route proposed in the Draft on Roeding Drive south of Whites Bridge Avenue. Neither of these routes serve any existing industrial land uses, and thus no reasonable basis for these additions exist. recommend elimination of the existing truck route along Elm Avenue north of Jensen Avenue. ORG4-05 D. Add Detail and a Timeline to Policy PF-7.4 We support the addition of Policy PF-7.4 which calls on the City to establish a policy requiring businesses and City programs in the Plan Area to hire local residents. To ensure timely and effective implementation of the policy, the Final Plan should establish a timeline for implementation (we recommend a deadline of June 2018) and ensure SWSP Oversight Committee and public participation. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. A local hiring policy is included in the redline version of the proposed Plan as an implementation measure, which includes an implementation time frame, in Chapter 8 Implementation. ORG4-06 E. Eminent Domain SWSP Plan Area residents have identified the use of eminent domain as a serious concern for this community, in particular, as it relates to proposals in the Plan to widen streets and support new development. Through eminent domain, the City, State, and Federal Government rezoned residential land for industrial use, wiped out thriving commercial boulevards and residential districts and replaced them with freeways, and cut West Fresno off from the rest of the City, helping to create the community’s current reality of chronic disinvestment and nationally- ranked concentrated poverty. The Plan should put safeguards in place to ensure that past is not repeated and that any use of eminent domain is supported by profusive community support, SWSP policies, and the exhaustion or lack of alternatives, especially where residential property, small or local business, or important community landmarks are involved. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG4-07 F. Ensure Compliance With the Housing Element & State Housing Element & No Net Loss Laws The community demonstrated a clear preference for a balanced mix of housing opportunities, including single family home options currently lacking in this community. To accommodate the community’s preference of establishing a more balanced mix of housing varieties, the land use map redesignates land currently designated for high density multi-family housing to low and medium residential density which restrict or prohibit multi-family development. Before adopting the Plan, the City must specifically identify any residential zoned sites designated for a reduction in density that are included in the City’s 2015-2023 Housing Element to meet the City’s need for lower-income housing and make findings that adequate alternative sites exist or identify suitable alternative sites The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-54 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response as required by Government Code Section 65863 and Housing Element Program 2. In identifying replacement sites, the City must consider the concentration of affordable housing in high poverty areas such as West Fresno pursuant to Program 2 and identify alternative sites in high opportunity neighborhoods that lack affordable housing opportunities consistent with the City’s duty to affirmatively further fair housing. ORG4-08 G. Prioritize Zero and Near-Zero Emission Transportation Technology Transportation is the leading source of toxic and carcinogenic air pollutants in the state, emitting smog-forming ozone, black carbon, fine particulate matter, and nitrous oxides. These pollutants contribute to a host of respiratory and cardiovascular illnesses, including asthma, heart disease, and cancer, and result in thousands of early deaths annually. Southwest Fresno is specifically disadvantaged; according to the CalEnviroScreen tool, census tracts in the Plan Area rank in the 95-98th percentile for diesel, ozone and particulate matter pollution, and in the 98th percentile for both asthma and cardiovascular disease. To ensure reductions in criteria and toxic air pollutants in the Plan Area, the Final Plan should commit Southwest Fresno to a zero-emission transportation future. Specifically, a policy goal should be included within the Plan’s Transportation section that directs the city to actively pursue funds to 1) replace both public and private vehicles and fleets with zero-emission technology, and 2) promote electric vehicle charging infrastructure throughout the Plan Area. When zero- emission solutions are not feasible, the city should seek deployment of near-zero emission vehicles. Diesel fleets located or operating within the Plan Area should be prioritized for replacement. To actuate these goals, state, local and corporate funds are available. The Legislature recently appropriated $1 billion from the Greenhouse Gas Reduction Fund to state and local agencies to replace or retrofit dirty diesel engines. Fresno must actively pursue the following funds for the benefit of public health in the Plan Area: • $350M for The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, SB 1204 (Lara, 2014). These programs specifically target diesel pollution by incentivizing the purchase of zero-emissions trucks, buses, and freight equipment. The programs have been substantially over-subscribed. • $150M for light-duty equity pilots (especially EFMP Plus Up), agricultural The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. A new goal and policies for Vehicles are included in the redline version of the proposed Plan’s Chapter 5 Transportation, which address zero- emission technology and electrical vehicle charging infrastructure. A new implementation measure for pursuing funding to implement these policies has also been added to Chapter 8 Implementation of the redline version of the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-55 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response worker vanpools, and car-sharing under SB 1275 (De Leon, 2014). These programs primarily serve disadvantaged communities, as defined by the CalEnviroScreen, promoting replacement of inefficient and ultra-polluting vehicles with hybrid or zero-emission alternatives, and promoting ridesharing. • $20M for zero emission school buses. Replacing old, dirty, diesel buses would improve health outcomes for students. Existing programs have been rapidly oversubscribed. • $300M for Clean Vehicle Rebate Project (Electric Vehicle Rebates). Public demand is likely to increase given the availability of new electric vehicle models such as the Chevy Bolt and Tesla Model 3. Fresno should maximize the effectiveness of the funding by lowering the income cap and raising the electric- miles requirement for plug-in hybrids. The San Joaquin Valley Air District also has funds available to support a zero- emission future. Grant programs include 1) the School Bus Program, which provides funds to retrofit existing school buses with verified diesel emission control systems, or replace existing high-polluting buses with new, low-emission buses, and 2) the Charge Up! program, which provides funds for businesses and public agencies to purchase and install electric vehicle chargers for public use. Lastly, corporate funds could also be used to leverage state and local incentive programs. For instance, PG&E is currently implementing pilot programs to install infrastructure to support electric vehicle charging at multi-unit dwellings, workplaces, and public interest destinations. The company has also submitted a $211 million proposal to California Public Utilities Commission to build "make- ready" electric infrastructure for medium- to heavy-duty and offroad fleets. Responding to consumer demand for fast-charging stations, PG&E also proposed to complement state and privately funded fast charger deployments with new electric infrastructure ORG4-09 2. The Final DEIR Must Comprehensively Assess Cumulatively Significant Impacts and Identify and Adopt All Feasible Mitigation Measures for Significant Impacts The California Environmental Quality Act (“CEQA”) requires the City consider the cumulative impacts of a Project and determine (A) whether the Project’s impact are significant and require mitigation and (B) assess and include all feasible mitigation for significant impacts identified. Several sections of the DEIR -- Air Quality, Public Services and Recreation, and Population and Housing – lack adequate analysis of cumulative impacts and fail to identify and include available The comment serves as an introduction to the comments that follow. Please see Responses ORG4-09 through ORG4-12. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-56 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response mitigation measures for significant impacts. CEQA prohibits agencies from approving projects with significant environmental impacts if feasible mitigation measures or alternatives exist that would lessen or avoid such impacts. Pub. Res. Code § 21002. The Final DEIR must include a comprehensive assessment of all cumulative impacts of the Project and identify and adopt all feasible mitigation measures for significant impacts identified. Pub. Res. Code § 21081.6(b); C.C.R. §15126.4(a)(2); See Napa Citizens for Honest Gov’t v. Napa County Bd. of Sup. (2001) 91 Cal.App.4th 342, 358. ORG4-10 A. The Final DEIR Must Identify & Address the Cumulative Impacts of Mobile & Stationary Pollution Sources According to CalEnviroScreen (“CES”) 3.0, every census tract in the SWSP Area is among the top 5% most pollution burdened communities in the State of California. The census tracts in the Plan Area rank as high as the 98th percentile for asthma and cardiovascular disease and 97th for particulate matter 2.5 (PM 2.5). Numerous studies have directly linked PM 2.5 emissions to an increase in asthma attacks and heart attacks. The Air Quality assessment provided in the DEIR identifies existing policies in the General Plan as mitigation measures. Several of these policies, such as Objective UF-12 and Policy UF-12-a, Policy LU-3-c, and Policy LU-5-f, lack the specifity required to constitute adequate and enforceable mitigation measures. Additionally, Policy LU-2-b, which states that the City will “consider a priority infill incentive program” to promote affordable housing development, could be strengthened and thereby serve as an adequate mitigation measure by including a specific timeline for the development and adoption of the program and inclusion of proven measures to preserve affordability in the area, thus reducing potential displacement. The incorporation of clear policies to prevent displacement of vulnerable low-income residents from the Plan Area is essential to mitigate potential significant impacts from increased vehicle miles travelled generated by these residents due to forced relocation to areas not served by transit and farther from jobs, education, and other resources and amenities necessary for everyday life. The EIR evaluates potential environmental impacts associated with the proposed Plan on the environment in accordance with CEQA and the California Building Industry Association v. Bay Area Air Quality Management District (2015) __Cal.4th__ (Case No. S213478). Air quality in the local area is best described by whether San Joaquin Valley Air Basin (SJVAB) attains the California and National ambient air quality standards (SJVAPCD), per the San Joaquin Valley Air Pollution Control District (SJVAPCD), and not by CalEnviroScreen, which takes into consideration other non-air quality factors when assessing pollution burden. Chapter 4.3, Air Quality, identifies policies in the General Plan under the "Existing Conditions" setting and does not list the City's General Plan policies as mitigation. Chapter 4.12, Population and Housing, identifies that the proposed Plan would not displace a substantial number of people. Therefore, policies that prevent displacement of people as suggested by the Commenter are not warranted. ORG4-11 The assessment AQ-1 finds that the proposed Plan would increase long-term criteria air pollutants and cumulatively contribute to the nonattainment designations set up by the local air district is significant and unavoidable. Despite the extremely high levels of pollution in West Fresno and the City’s obligation to consider all feasible mitigation measures, the DEIR fails to take into account As shown in Chapter 3, Revisions to the Draft PEIR of this Final EIR, edits have been made to the EIR and some of these address the commenter's concern. Edits have also been made to the proposed Plan. a. The commenter requests physical barriers along corridors, sites, and SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-57 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response various mitigation measures that would serve to reduce the impacts of long-term criteria air pollutants and nonattainment designations. Accordingly, we recommend the inclusion of the following policies in the Final DEIR: ‘a. Identify high emission corridors, stationary sites, and truck traffic routes, and create physical barriers such as with walls lined with trees or other shrubbery, or trees and shrubbery. Studies have shown that walls lined with trees are the most effective way to reduce emissions from impacting an area. b. Complete the Industrial Compatibility Assessment by January 2019. This study will assess the compatibility of existing sites and zoned land with surrounding neighborhoods considering their air quality, noise, odor, aesthetic, and other impacts. Sites found incompatible will follow recommended steps to mitigate pollution and other significant impacts in the surrounding area, including through amortization and/or greening. Additional funding sources should also be sought out as the current $150,000 in the City’s budget for FY 2017-2018 is not enough. The TCC Planning Grant is one example the City of Fresno can seek out. c. To reduce VMT-related emissions from commute trips in and out of the Plan Area, develop and implement a policy, with community input, requiring new employment sources within the community to hire workers from within the Plan Area. d. To reduce VMT-related emissions, work with Plan Area residents and stakeholders to identify measures to increase public and group transit options, including through improving efficiency and reliability of FAX services, implementing Bus Rapid Transit on California Street and Elm Avenue, identifying ride sharing opportunities, and more. e. Enforce laws and regulations prohibiting vehicle idling. f. Actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. g. Actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Funding sources examples are provided above for the City to begin its search. truck routes to buffer air pollutants. The proposed Plan prohibits barriers along streets through design standards. Page 4-8 of the proposed Plan states: "“Walls. Walls are not permitted within the required front yard setback nor between residential uses and California Avenue.” Also, page 4- 9 states: “Buildings and their main entrances will be oriented towards the street.” b. The comment requests the completion of the Industrial Compatibility Assessment. Please see Response ORG4-02. c. The proposed Plan includes Policy PF-7.4 which states: "Establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents in the 93706 zip code, consistent with applicable laws." d. The proposed Plan includes Policy T-6.2, which states: "Work with FAX and other transit providers to increase transit service, access, and connections throughout Southwest Fresno, connecting existing and future residential areas to key destinations, including schools, retail, employment, and recreation." Policy T-7.1, which states: "Work with FAX to retain transit routes west of Highway 99, and work to enhance transit service along Elm Avenue and Martin Luther King Junior Boulevard to connect to future BRT routes and the FAX and HSR stations in Downtown when there is demand from development along those corridors." The proposed Plan provides for BRT on California, while enhanced transit services are planned on Elm Street. e. The comment requests enforcement of existing laws and regulations prohibiting vehicle idling. As stated on page 4.3-4 of Chapter 4.3, Air Quality in the Draft PEIR, the California Air Resources Board (CARB) has promulgated specific rules to limit toxic air contaminant (TAC) emissions, including motor vehicle idling. Further, Table 4.3-2 on page 4.3-17 presents General Plan objectives and policies relevant to air quality, including Policy HC-3-f: "New Drive-Through Facilities. Include in the Development Code design review to reduce vehicle emissions resulting from queued idling vehicles at drive-through facilities in proximity to residential neighborhoods." f. The comment requests the City actively seek and apply for all available SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-58 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response funding to provide electric vehicle infrastructure in the Plan Area. Policy T- 9.2 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding for electrical vehicle (EV) charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects." g. The comment requests that the City actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Policy T-9.1 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement." ORG4-12 B. Prevent Project-Related Physical and Economic Displacement of Residents and Businesses The CES 3.0 ranks the SWSP Plan Area poverty levels as high as the 99th percentile in the State. A majority of the residents in this community live below the federal poverty line, which for a family of four is $24,600. The City of Fresno in general also experiences high levels of housing cost burden, with the greatest burdens impacting lower-income residents, such as those in West Fresno. Housing cost burden rates make lower residents extremely vulnerable to displacement due to minor increases in housing costs. The DEIR discussion in Population and Housing solely addresses physical displacement through the removal of existing housing units. The DEIR includes no analysis or proposed mitigation for economic displacement of low-income residents and no analysis or proposed mitigation for displacement of small, local and/or minority-owned businesses due to rising property values and rent prices as a result of the implementation of the proposed plan. The Plan proposes to direct significant public and private investment into the community. The Plan identifies a new community college facility site which will employ hundreds of people and attract thousands more to the area; proposes significant new park space; identifies Bus Rapid Transit routes and other Housing affordability is an economic and social issue that informs policy decisions made by the City, but it is not treated as a significant effect on the environment (CEQA Guidelines Section 15064(e)) and, therefore, does not require analysis under CEQA. It would be speculative to determine the demographics of future residents and employees and their housing needs, affordable or otherwise. Quantifying the number or percentage of existing residents who could be economically displaced if costs continue to increase would be speculative. In accordance with CEQA Guidelines Section 15145, the Draft PEIR is not required to consider issues that are too speculative for evaluation. Furthermore, displacement for CEQA purposes regards the demolition of existing housing that requires the construction of new housing for the persons displaced by the removal of housing. The proposed Plan does not allow for the rezoning of property in a manner that would allow the removal of housing units such that there would be physical displacement. Finally, the City acknowledges that rising housing prices are an important local and regional issue. Under the proposed Plan, the City’s Housing Element will continue to apply (and no changes to the Housing Element are proposed as part of the proposed project), and the City will continue to implement its policies and programs that seek to protect residents from displacement and increase the City’s stock of affordable housing. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-59 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response improvements; and provides for the remediation of basic infrastructure and service deficiencies. These improvements, coupled with other factors such as the High Speed Rail, the potential investment of up to $70 million in the Plan Area through the Transformative Climate Communities Program, and population growth in the Central Valley, will undoubtedly lead to increase land prices, property values, rent prices, and cost of living. Ultimately, threatening economic displacement of residents and businesses and significant environmental impacts due to their relocation. Absent clear and enforceable mitigation, displacement, caused by both physical and economic forces resulting from SWSP implementation, will result in significant environmental impacts due to the need for new construction and increased VMT of displaced residents. Residents forced to move from areas served by transit will have to rely on personal vehicles consequentially having a significant impact on VMTs, traffic, greenhouse gas emissions, and air quality. Cal. Pub. Res. Code § 21083(b)(3) (the Guidelines “shall require a finding that project may have a ‘significant effect on the environment’ if…[t]he environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.”). The Final DEIR must analyze and include all feasible mitigation measures to prevent displacement of residents and businesses. C.C.R. § 15064(e). Anti-displacement measures are essential to reduce impacts associated with increased housing costs pushing residents further away from amenities and public transit. Feasible mitigation measures and policies we recommend include: a. Adoption of a rent stabilization ordinance preventing rent increases of more than 15% over a three-year period. b. Adopt inclusionary zoning requirements wherein new residential construction must include at least 25% of units affordable to extremely-low, very-low and low income residents or developers must pay an in lieu fee. c. Adopt a just cause eviction ordinance. d. Require City-owned land, when sold, include units affordable to lower-income residents, wherever residential construction occurs on those sites. e. Create an Anti-Displacement Advisory Committee in 2018 which will develop antidisplacement strategy for adoption by City Council within six months thereafter. ORG4-13 I. Provide Adequate Park Space for Expected Population Growth As noted in the SWSP DEIR, West Fresno has 19 acres of existing park space total -- well below Fresno City’s goal of 3 acres per 1,000 residents of park space. The This comment expresses concern regarding park space. As shown in Chapter 3 of this Final EIR, the first paragraph under Impact PS-7 on page 4.13-28 of the Draft PEIR has been revised. Please also see Master SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-60 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response proposed plan zones for an additional 70 acres of park space creating a combined total of 89 acres. The DEIR, however, finds a total of 91 acres of existing and new parkland will be designated. The City should include at least an additional two acres of park space in the Final DEIR to ensure that sufficient park space can be provided to meet the City’s park space goals. The City can and must also utilize the current Parks Master Planning Process to identify and expand park space opportunities in West Fresno. Furthermore, the draft report results a deficiency of 32 acres (adjusting for the missing 2 acres noted above) for the expected population growth under the Dual Designation Scenario. Mitigation Measure PS-7 states the City will monitor population growth in the Plan Area compared to parklands every 5 years. If the ratio of 3 acres per 1,000 residents is not met the City will explore additional ways to increase park space. Given the City’s existing park space conditions in South Fresno where residents south of Shaw Avenue have an average of 1.75 acres of park space per 1,000 residents. And given that the City has not updated its Parks Master Plan since 1989, a plan that was supposed to be updated every five years, we cannot expect to comply with its Mitigation Measure PS-7. Thank you for your considerations of our comments. Our goal is simple and assuredly shared with the City of Fresno to ultimately provide Southwest Fresno with a revolutionary plan to transform the community for years to come. We look forward to continue collaborating with the City of Fresno to address the issues identified in this letter. Please contact Grecia Elenes at (559) 369-2790 to set up a time to meet to discuss these comments in person. Response 2 in regards to concern regarding Mitigation Measure PS-7. C. Members of the Public PUB1 9/18/2017 Gwendolyn Leffall PUB1-01 Please accept the following comments I offer for consideration to the Southwest Fresno Specific Plan and the Draft Program EIR: 1. Plan MODERATE/MIDDLE income levels of housing IN LIEU of low/affordable income levels of housing types. 2. Raise the bar of income housing levels types to attract RETAIL, to be established in this DPEIR SFSP. 3. Build a Fresno City Community College Annex in this DPEIR SFSP. 4. Provide regular service to keep our streets, roads, highways, sidewalks free of The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-61 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response potholes, cracked pavement, and cracked concrete for the subject planned area, and the IMMEDIATE SURROUNDING AREAS to include south of Jensen, and Jensen, east and west. 5. Regular attention to tree trimming and landscape cleanup for the subject planned area, and, the immediate surrounding areas, to include south of Jensen, and Jensen, east and west. PUB2 9/19/2017 Eric Payne PUB2-01 Thank you for the opportunity to provide comments on the City of Fresno’s West Fresno Specific Plan. I appreciate the collaborative process your office has facilitated with community stakeholders. The City of Fresno presents an incredible opportunity to do something truly transformative in the City of Fresno through its South West Fresno Specific Plan and I am committed to ensuring we have a plan that meets the communities environmental, economic, and equity goals. I commend the City of Fresno staff for developing a comprehensive plan and I recognize that additional revisions may be needed. I am broadly supportive of the plan as stakeholder and member of the committee. I would also appreciate your allowing flexibility in the requirements to the South West Fresno Specific Plan that would be in alignment with better serving the community. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. The comment also serves as an introduction to the comments that follow. Please see Responses PUB2-02 through PUB2- 11. PUB2-02 I do request you consider a few outstanding issues and questions in relation to the Biological Resource Section of the South West Fresno Specific Plan: DPEIR The Recovery Plan has defined 6 key elements. 1. What are the elements that pertain to the SW Specific Plan? This comment expresses concern regarding the elements of the Recovery Plan for Upland Species of the San Joaquin Valley, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Page 4.4-6 of the Draft PEIR states, "If specific projects require consultation with the USFWS, the project would be evaluated in relation to the goals and objectives of the Recovery Plan." It follows that all elements (or goals and objectives) of the Recovery Plan pertain to development that would occur under the proposed Plan. PUB2-03 2. Although DEIR states SJKF not within a 5 miles radius. What is the nearest radius for SJKF? The SJKF protection range per USFWS is a 10 mile radius. “The purpose of the Endangered Species Act of 1973, as amended, are to provide a means whereby the ecosystem upon which endangered species and threatened species depends may be conserved…and to provide a program for the conservation of such endangered and threatened species.” (The Endangered Species Act of 1973, as amended) The language contained in the Endangered Species Act of 1973, as amended (Act), requires the U.S. Fish and Wildlife Service (Service) to not only protect individual animals, but has the further obligation of This comment expresses concern regarding the nearest radius for San Joaquin Kit Fox (SJKF) habitat to the Plan Area, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. The proximity of existing SJKF habitat can be estimated using the California State University (CSU) Stanislaus Endangered Species Recovery Program website: http://esrp.csustan.edu/publications/pubhtml.php?doc=sjvrp&file=chapter SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-62 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response providing listed species with functioning ecosystems so protections provided by the Act are no longer necessary. For the Services to achieve this goal and to allow the project applicants to proceed with their project in a timely manner, the Service has developed the U.S. Fish and Wildlife Service San Joaquin Kit Fox Survey Protocol for the Northern Range where foothill grassland, oak savannah, and agricultural lands are the primary kit fox habitats. To avoid unnecessary expenditures and delays for projects located within the northern range of the San Joaquin kit fox, the project applicant, along with a qualified biologist, must conduct an early evaluation with the Service. 02L00.html#distribution. Further, the Draft PEIR assumes that SJKF may be located in the periphery of the Plan Area, stating on page 4.4-25 "San Joaquin kit fox that are dispersing or foraging in the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development could be subject to injury or mortality from construction- related activities." In addition, the comment expresses concern regarding an early evaluation of SJKF for projects located within the northern range of the SJKF habitat. Mitigation Measure BIO-1.3 on page 4.4-26 of the Draft PEIR states, "No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent should retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development." PUB2-04 SWHA 1. Has a survey been conducted to identify potential suitable nesting locations for SWHA within the project site? If so, it has not been clearly stated in the biological report. This comment expresses concern regarding whether a survey has been conducted to identify suitable nesting locations for SWHA within the proposed Plan Area. CEQA requires an evaluation and determination of whether the proposed Plan would result in a significant impact with respect to biological resources if it would, among other impacts: 1. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or USFWS. As such, the Draft PEIR evaluates the potential for implementation of the proposed Plan to result in mortality of Swainson's hawks, and concludes, on page 4.4-25, that adherence to Mitigation Measure BIO-1.2 ensures impacts to Swainson's hawks would be less than significant, as future development under the proposed Plan would be required to "ensure that if Swainson’s hawks nest on or near the Plan Area, their presence would be detected, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a less-than-significant level." Please also note that Mitigation Measure BIO- 1.2 has been revised, as shown in Chapter 3 of this Final EIR, to reflect comments received from the CDFW. These revisions do not change the conclusions of the Draft PEIR. PUB2-05 2. What's the proposed plan for trees onsite where SHWA may occur and utilize? As stated on page 4.4-25 of the Draft PEIR, "Trees in the Plan Area may be removed without adversely affecting nesting Swainson’s hawks as long as SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-63 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response they are determined not to contain a Swainson’s hawk nest or be in close proximity to a tree with a Swainson’s hawk nest during the nesting season (March through August)." It follows that future discretionary projects under the proposed Plan would be required to evaluate trees onsite where SHWA may occur and utilize and ensure such trees are preserved, in accordance with the findings of a preconstruction survey for Swainson's hawk nests as required by Mitigation Measure BIO-1.2. PUB2-06 3. The Mitigation Measure is too vague, BIO-1.2 As described in Chapter 4.4, Mitigation Measure BIO-1.2 is based on the information available at this programmatic stage for a plan-level analysis and the methodology is based on Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). Future discretionary projects would be required to conduct project-level environmental assessment, including a site-specific Swainson's hawk survey of the project site and the surrounding 0.5-mile-radius area. PUB2-07 4. The first SHWA survey period from January 1 to March 20 could provide information on where suitable and potential nesting locations may occur and should not be dismissed nor considered optional. Page 4.4-25 of the Draft PEIR has been revised, as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. PUB2-08 SJKF Mitigation Measures too vague. As described in Chapter 4.4, Mitigation Measure BIO-1.3 is based on the information available at this programmatic stage for a plan-level analysis and the methodology is based on U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. Future discretionary projects would be required to conduct project-level environmental assessment, including pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. PUB2-09 1. Why is a take authorization/permit being considered but no mention of mitigation bank or conservation habitat? The Draft PEIR is a program-level analysis of potential environmental impacts that may occur through implementation of the proposed Plan during the planning horizon, through the year 2042. As described in Mitigation Measure BIO-1.1b, future discretionary projects that would require an Incidental Take Permit (ITP) due to significant and unavoidable impacts to SJKF would be required to obtain a permit from the CDFW and undergo subsequent project-level CEQA review. A mitigation bank or habitat conservation area may be considered as adequate mitigation for project-related impacts to SJKF. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-64 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PUB2-10 2. If disruption of any habitat utilized by the SJKF should occur has a mitigation bank or habitat conservation area been identified to offset the SJKF loss? Please see Response PUB2-09. PUB2-11 3. Before implementing Project and any ITP activity, the applicant should be required to develop and submit a construction monitoring plan to the City planning department for review and approval. The construction monitoring plan should consist of the following: • Results of planning and preconstruction surveys. • Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored. • Description of the onsite authority of the construction monitor to modify implementation of the activity. Again thank you for your efforts to develop this plan and for providing an inclusive public process. As mentioned previously, the alignment between the City of Fresno and the “Community” reinforces a collective vision. I forward to working with you on further development and implementation of this document. Thank you for the opportunity to provide comments on this process, I look forward to your response. The Draft PEIR is a program-level analysis of potential environmental impacts that may occur implementation of the proposed Plan during the planning horizon, through the year 2042. Discretionary projects that would require an ITP would be required to obtain a permit from the CDFW and undergo subsequent project-level CEQA review. CDFW’s issuance of an Incidental Take Permit is considered a discretionary action as defined in Title 14 of the California Code of Regulations, link opens in new window Section 15357, under CEQA. Therefore, before CDFW can issue the permit the applicant must have completed the necessary steps under CEQA. Compliance with CEQA is further described in Title 14 of the California Code of Regulations, Section 783.3. https://www.wildlife.ca.gov/Conservation/CESA/Incidental-Take- Permits#50033469-ceqa PUB3 9/21/2017 Tate Hill PUB3-01 I'm beginning to go through the EIR, there are a numbers of the Impact classifications with S/SU designation with no mitigation measures. There a few that just couldn't be accurate with the elements of new development. The comment serves as an introduction to the comments that follow. Please see Responses PUB3-02 through PUB3-06. PUB3-02 For example: Population-1 that states will be no population impacts due to the proposed plan. With the proposed housing, there would be a Significant population increase in that neighborhood. With the addition of the proposed 5923 housing units, there would be significant increase to the population with an estimated 50% increase (24,000) to the current population base. The comment expresses concern regarding the significance finding under Impact POP-1. The Draft PEIR acknowledges the amount of residential growth anticipated under the proposed Plan and considers this growth in the context of the level of growth anticipated under the City’s General Plan and regional growth projections. As stated on page 4.12-6 of the Draft PEIR, future development in the Plan Area “would result in approximately 27,775 new residents… The population potential for the Plan Area is within the population growth contemplated by the Fresno General Plan, which anticipates growth of up to 226,000 additional residents…” Page 4.12-7 of the Draft PEIR states, “the General Plan anticipates that the Plan Area would result in 6,723 new housing units as the General Plan is SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-65 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response implemented… [The] proposed Plan could result in 7,131 new housing units under the Dual Designation Scenario (based on the dual land use designation), which is greater than the estimated buildout of the General Plan.” However, the Draft PEIR finds that, although the number of new residents generated under the proposed Plan could exceed the number analyzed under the General Plan MEIR, cumulative growth with the proposed Plan would be consistent with regional planning targets. In addition, as stated in the Draft PEIR (page 4.12-7), “growth under the proposed Plan would occur incrementally over a period of approximately 25 years and would be guided by a policy framework in the proposed Plan that is generally consistent with many of the principal goals and objectives established in the Fresno General Plan and 2015-2023 Housing Element.” Therefore, the Draft PEIR finds on page 4.12-8 that, “this additional growth would be consistent with the citywide planning objectives. As a result, impacts to population growth associated with potential future development under the proposed Plan would be less than significant.” PUB3-03 As it relates to AQ2, AQ4, GHG 1, GHG3, the mitigation measures only apply towards the development of planned uses not the full implementation of the plan which extends beyond the actual construction itself. There is been no mitigation measure to address the impacts of air quality and GHGs from the establishment of new development (housing or commercial) in the plan. The comment expresses concern regarding mitigation measures to address the impacts of air quality and greenhouse gases (GHGs). The Draft PEIR evaluates both construction and operation impacts as a result of implementation of the proposed Plan. Operational analyses for air quality thresholds are included under Impact AQ-1 (Draft PEIR pages 4.3-29 through 4.3-32), Impact AQ-3 (Draft PEIR pages 4.3-35 through 4.3-36), Impact AQ-4 (Draft PEIR pages 4.3-36 through 4.3-38), Impact AQ-5 (Draft PEIR pages 4.3-38 through 4.3-39), Impact AQ-6 (Draft PEIR page 4.3-40, under the Operation-Related Odors heading), and Impact AQ-7 (Draft PEIR pages 4.3-41 and 4.3-42, under the Operation heading). Operational analyses for greenhouse gas thresholds are located under Impact GHG-1 (Draft PEIR pages 4.7-26 through 4.7-28) and Impact GHG-3 (Draft PEIR pages 4.7-32 through 4.7-36). Impact AQ-3 and GHG-1 address long-term, regional operational impacts of the proposed Plan (i.e., not just construction). As shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR, edits have been made to the EIR and some of these address the commenter's concern. Edits have also been made to the redline version of the proposed Plan. a. The commenter requests physical barriers along corridors, sites, and truck routes to buffer air pollutants. The proposed Plan prohibits barriers SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-66 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response along street through design standards. Page 4-8 of the Plan states: "“Walls. Walls are not permitted within the required front yard setback nor between residential uses and California Avenue.” Also, page 4-9 states: “Buildings and their main entrances will be oriented towards the street.” b. The comment requests the completion of the Industrial Compatibility Assessment. Please see Response ORG4-02. c. The Plan includes Policy PF-7.4 which states: "Establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents in the 93706 zip code, consistent with applicable laws." d. The Plan includes Policy T-6.2, which states: "Work with FAX and other transit providers to increase transit service, access, and connections throughout Southwest Fresno, connecting existing and future residential areas to key destinations, including schools, retail, employment, and recreation." Policy T-7.1, which states: "Work with FAX to not reduce transit routes west of Highway 99, and work to enhance transit service along Elm Avenue and Martin Luther King Junior Boulevard to connect to future BRT routes and the FAX and HSR stations in Downtown when there is demand from development along those corridors." The proposed Plan provides for BRT on California Avenue, while enhanced transit services are planned on Elm Street. e. The comment requests enforcement of existing laws and regulations prohibiting vehicle idling. As stated on page 4.3-4 of Chapter 4.3, Air Quality in the Draft PEIR, CARB has promulgated specific rules to limit TAC emissions, including motor vehicle idling. Further, Table 4.3-2 on page 4.3- 17 presents General Plan Objectives and policies relevant to air quality, including Policy HC-3-f: "New Drive-Through Facilities. Include in the Development Code design review to reduce vehicle emissions resulting from queued idling vehicles at drive-through facilities in proximity to residential neighborhoods." f. The comment requests the City actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. Policy T- 9.2 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding for electrical vehicle (EV) SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-67 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects." g. The comment requests that the City actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Policy T-9.1 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement." PUB3-04 In Noise-1, its listed as LTS and SU with no mitigation measure. The comment expresses concern regarding the significance findings for Impact NOISE-1. As explained on pages 4.11-23 through 4.11-27 of the Draft PEIR, traffic noise is considered a significant and unavoidable impact, while stationary noise is considered a less-than-significant impact as a result of implementation of the proposed Plan. No mitigation is required for the less-than-significant stationary noise impact and, as described in Chapter 4.11 of the Draft PEIR, no feasible mitigation measures are available for the significant and unavoidable traffic impact. PUB3-05 The response in HAZ-9 contradicts with the EnvironScreen 3 that shows that West Fresno neighborhoods are the most impacted by hazardous, toxic and air contaminating effects. The proposed plan's new uses may not increase hazardous impact but there are significant cumulative impacts due to hazardous materials in the plan area because of past projects. How did the EIR address the impact of population densification and increasing proximity of populations to current hazardous sights? The comment expresses concern regarding the significance finding for Impact HAZ-9 and the evaluation in the Draft PEIR of cumulative impacts related to hazardous materials sites. The Draft PEIR evaluates cumulative impacts consistent with CEQA Guidelines Section 15130 by evaluating the potential cumulative impacts of the proposed Plan along with “other projects causing related impacts” under a projections-based approach as described in Section 15130(b)(1)(B). As discussed in Section 4.8.4 of the Draft PEIR, future cumulative projects will be required to comply with existing federal, State, and local regulations regarding existing hazardous materials. Future discretionary projects in the Plan Area would be subject to CEQA review, which would focus on the impacts of new development on residents in the Plan Area. In addition, Mitigation Measures HAZ-4a through HAZ-4h would require investigation and remediation of hazardous materials prior to the issuance of building permits. These mitigation measures will apply to all projects in the Plan Area as new development occurs. Please also see Response ORG3-01, which explains that the City’s SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-68 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response long-term land use strategy is to focus new industrial development in areas of the city outside of the Plan Area, in order to improve the quality of life for current and future Plan Area residents. PUB3-06 There is the introduction of PS which I assume is 'potentially significant' but it's not included in the key. In response to this comment, this abbreviation has been added to the key in Table 2-1 of this Final EIR. PUB4 9/25/2017 Lillie PUB4-01 I would like to see a college and a walmart in southwest fresno. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5 9/19/2017 Rosalyn Warren, et al. PUB5-01 99c Store Walmart Grocery store Gas station Walking place - park Taco Bell The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5-02 Dollars Store Walmart This what we needs The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5-03 1. We do not want a dollar General. 2. We would like to see a dollar tree. 3. We would like a Wal-Mart. 4. A Starbucks. This is what we would love to have beside the College. 5. We need a safe walking place to walk. 6. A gas station. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. Comments Received After Close of Public Comment Period GOV8 9/29/2017 Brian Clements, Program Manager, San Joaquin Valley Air Pollution Control District GOV8-01 Dear Ms. Pagoulatos: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the Draft Environmental Impact Report for the City of Fresno Southwest Fresno Specific Plan and offers the following comments: 1. Future development within the Southwest Fresno Specific Plan (Project) will contribute to the overall decline in air quality due to increased traffic and Please see page 4.3-39 of the Draft PEIR. TAC would be controlled by the SJVAPCD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-69 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response ongoing operational emissions. New development may require further environmental review and mitigation. The District makes the following recommendations regarding future development: A. Toxic Air Contaminants (TACs) are air pollutants identified by the State of California that may cause or contribute to an increase in exposure to the surrounding public (i.e. - nearby schools, residents, and actual or proposed worksites). The location of development projects is a major factor in determining whether a proposed project will result in localized health impacts. The potential for adverse health impacts increase as the distance between the source of emissions and receptors decrease. Accurate quantification of emissions and health impacts requires detailed site specific information (i.e. - type of emission source, proximity of the source to receptors, toxics emitted, and source parameter information). The required level of detail is typically not available until project specific approvals are granted. Therefore, the District recommends that an assessment be required during the project level review. This recommendation includes proposed projects that would otherwise appear to be exempt from CEQA requirements, such as projects that could be categorically exempt or allowed land uses under current zoning. GOV8-02 B. Prior to conducting a Health Risk Assessment (HRA), the District recommends conducting a screening analysis that includes all sources of emissions. A screening analysis is used to identify projects which may have a significant health impact. Prioritization - using the California Air Pollution Control Officers Association (CAPCOA) updated methodology is a recommended screening method. A prioritization score of 10 or greater is considered to be significant and an HRA should be performed. The prioritization calculator can be found at: http:www.valleyair.org/busind/p to/emission factors/Criteria/Toxics/Utilities/PRIG RITIZATION%20RMR%202016.XLS. The District recommends a refined HRA for projects that result in a prioritization score of 10 or greater. It is recommended that the project proponent contact the District to review the proposed modeling protocol. The proposed project would be considered to have a significant health risk if the HRA demonstrates that the project related health impacts would exceed the District's significance threshold Please see Response GOV8-01. Future projects under the proposed Plan that are determined to generate permitted sources of air pollutants would be subject to further environmental review and would be required by SJVAPCD to prepare a Health Risk Assessment (HRA) in accordance with SJVAPCD guidance. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-70 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response of 20 in a million for carcinogenic risk and 1.0 for the Acute and Chronic Hazard Indices. More information on toxic emission factors, prioritizations and HRAs can be obtained by: • E-mailing inquiries to: hramodeler@valleyair.org; or • Visiting the District's website at (modeling information): http://www.valleyair.org/busind/pto/Tox Resources/ AirQualityMonitoring.htm GOV8-03 C. Construction Emissions - The Draft PEIR concludes that construction emissions will have a significant and unavoidable impact on air quality. The District recommends additional mitigation of construction exhaust emissions to further lessen the air quality impact. Feasible mitigation of construction exhaust emission includes use of construction equipment powered by engines meeting, at a minimum, Tier II emission standards, as set forth in §2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 Code of Federal Regulations. The District recommends incorporating, as a condition of project approval, a requirement that off-road construction equipment used on site achieve fleet average emissions equal to or less than the Tier II emissions standard of 4.8 NOx g/hp-hr. This can be achieved through any combination of uncontrolled engines and engines complying with Tier II and above engine standards. Mitigation measures required for future discretionary projects under the proposed Plan are identified on pages 4.3-32 through 4.3-34 of the Draft PEIR. Site-specific projects accommodated under the proposed Plan that meet the criteria of Rule 9510 would be required to prepare a detailed air quality impact assessment and would identify appropriate mitigation. GOV8-04 D. Individual development projects would be subject to District Rule 9510 (Indirect Source Review) if upon full build-out the project would include or exceed any one of the following: • 50 dwelling units • 2,000 square feet of commercial space; • 25,000 square feet of light industrial space; • 100,000 square feet of heavy industrial space; • 20,000 square feet of medical office space; • 39,000 square feet of general office space; or • 9,000 square feet of educational space; or • 10,000 square feet of government space; or • 20,000 square feet of recreational space; or • 9,000 square feet of space not identified above The District recommends that demonstration of compliance with District Rule 9510, before issuance of the first building permit for each project phase including As stated on page 4.3-37 of the Draft PEIR, "application of SJVAPCD Rule 9510 and Regulation VIII would contribute in reducing operation- and construction-related NOX and particulate matter emissions." As such, future discretionary projects under implementation of the proposed Plan would comply with District Rule 9510. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-71 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response payment of all applicable fees, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: http://www.valleyair.org/lSR/ISRHome.htm. E. Individual development projects may also be subject to the following District rules: Regulation VIII, (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). F. The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. GOV8-05 2. The Plan lays out a vision for Southwest Fresno over the Plan's next 25-year horizon as a vibrant community and well-connected to downtown Fresno, strengthening the overall image and livability of the city. The District is currently designated as extreme non-attainment of the federal national ambient air quality standard for ozone and non-attainment for PM2.5. Given the size of the project, it is reasonable to conclude that mobile source emissions resulting from growth and development would have significant impacts on air quality. To reduce the project related impacts on air quality the Plan should include design standards that reduce vehicle miles traveled (VMT). VMT can be reduced through encouragement of mixed-use development, walkable communities, etc. Recommended design elements can be found on the District's website at http://www.valleyair.org/lSR/ISROnSite Measures.htm. As stated on page 4.3-36 of the Draft PEIR, implementation of General Plan design standards and measures would reduce vehicle miles traveled (VMT). The following General Plan policies would contribute to the reduction of air quality and GHG emissions during implementation of the proposed Plan: MT-1-f, MT-1-g, MT-1-m, MT-2-b, MT-2-c, MT-2-g, MT-4-b, MT-4-d, MT-5- a, MT-5-b, and MT-8-c. GOV8-06 3. As presented in the Draft PEIR, after implementation of all feasible mitigation, the Project would have a significant and unavoidable impact on air quality. However, the environmental document does not discuss the feasibility of implementing a voluntary emission reduction agreement (VERA). As discussed below, the District believes that mitigation through a VERA is feasible in many cases, and recommends the environmental document be revised to include a discussion of the feasibility of implementing a VERA to mitigate project specific impacts to less than significant levels. A VERA is a mitigation measure by which the project proponent provides pound- As stated on page 4.3-32 of the Draft PEIR, "no further measures to reduce operation-phase criteria air pollutant emissions are available beyond the applicable SJVAPCD rules and regulations." In compliance with applicable SJVAPCD regulations, the City will provide the ability for future development projects under implementation of the proposed Plan to opt to participate in this voluntary agreement in order to reduce project- specific impacts. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-72 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response for pound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District's Strategies and Incentive Program (SI). The funds are disbursed by SI in the form of grants for projects that achieve emission reductions. Thus, project specific impacts on air quality can be fully mitigated. Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy- duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of old farm tractors. In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. The initial agreement is generally based on the projected maximum emissions increases as calculated by a District approved air quality impact assessment, and contains the corresponding maximum fiscal obligation. However, because the goal is to mitigate actual emissions, the District has designed flexibility into the VERA such that the final mitigation is based on actual emissions related to the project as determined by actual equipment used, hours of operation, etc., and as calculated by the District. After the project is mitigated, the District certifies to the lead agency that the mitigation is completed, providing the lead agency with an enforceable mitigation measure demonstrating that project specific emissions have been mitigated to less than significant. The District has been developing and implementing VERA contracts with project developers to mitigate project specific emissions since 2005. It is the District's experience that implementation of a VERA is a feasible mitigation measure, and effectively achieves the emission reductions required by a lead agency, by mitigating project related impacts on air quality to a net zero level by supplying real and contemporaneous emissions reductions. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document be amended to include an assessment of the feasibility of implementing a VERA. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-73 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Additional information on implementing a VERA can be obtained by contacting District CEQA staff at (559) 230-6000. GOV8-07 4. Referral documents for new development projects should include a project summary detailing, at a minimum, the land use designation, project sized, and proximity to sensitive receptors and existing emission sources. Please see Response GOV8-06. PUB6 No Date Jeff Roberts PUB6-01 No Date A. Biological Resources: 1. The EIR contains quite a number of requirements for studies, monitoring, and reporting that add time and cost to the development process. ( It's pretty obvious that this section of the report was authored by a biologist) The need for the studies, etc. seems to be based somewhat upon the existing use of the property and the Figure 5-1 ( Existing land Use) incorrectly illustrates the use of our land. This inaccuracy could "trigger" a lot of additional work and add a lot of additional cost. The City should make the Exhibit 5-1 accurate, and then create an "New" exhibit of lands that "trigger" the need for preconstruction surveys, monitoring, etc. If a property is not identified on the new exhibit, then it would be exempt from the mitigation measures in this section. Chapter 4.4, Biological Resources, of the Draft PEIR provides a high-level evaluation of the biological resources within the 3,138-acre Plan Area based on generalized biotic habitat types (see Table 4.4-2. on page 4.4-6 of the Draft PEIR). The evaluation is based on published biological resource data, and not existing land uses. Proposed mitigation measures are intended to provide guidance to future development on what would be required to address potential biological resource impacts on a site-by-site basis. Given the size of the Plan Area, a parcel-by-parcel evaluation of biological resources is not feasible nor necessary to address the biological resource significance criteria. Please also see Master Response 1. PUB6-02 B. Parks and Recreation: 1. The Draft EIR ( provided by the City) contains standards for the amount of parkland required by the City of Fresno. Along with the Draft PEIR, the City also provided a "Memorandum" dated 8-08-17 entitled "Revisions to the Public Review Draft Southwest Fresno Specific Plan" which provides a rationale to reduce the amount of parks that a recounted in the inventory. The result is that the plan area went from having 3.45 acres/ 1000 population down to 1.49 acres/ 1000 population. The first figure was well above the park acreage requirement; the second figure is far below the requirement. The concern is that the development community will now have to fund additional parks to get the ratio back up to 3 acres/ 1000 population. It may be better for the City to accurately reflect that amount of parks and then state that the "Desired Ratio" is 4 acres / 1000 population. Please see Chapter 3, Revisions to the Draft PEIR, which provides the standard used in the parkland analysis. PUB6-03 2. Additionally, the DEIR document discusses the ratio of parks within its study area and also mentions a Goal ( PF-2 ) which states: "Increase the overall amount of usable parkland within southwest Fresno allowing varied recreational Please see Chapter 3, Revisions to the Draft PEIR. The City’s parkland standard applies citywide, but the Draft PEIR evaluates the additional parkland that would be needed to accommodate the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-74 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response opportunities within the entire Southwest Area". This goal applies to All of Southwest Fresno ( approximately 5760 acres), not just the plan area of 3255 acres. The authors of the documents seem to want to impose the park ratio on a specific geographic area of 56% of the Southwest area. This issue needs to be reconsidered. PUB6-04 C. In the 8-08-17 Memorandum mentioned above, Figure 3-3, "Dual Land Use Designation Map for Plan Area" incorrectly places "CMX" on the southwest corner of Hughes and California. This land is currently planned and zoned for "Medium Low Density Residential" uses and the Specific Plan map and DEIR Exhibit map needs to be corrected to reflect this. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Figure 3-3 as shown in the proposed Plan is correct and intentionally redesignates the dual land use of the parcels at the southwest corner of Hughes and California Avenues to "CMX." Please also see Master Response 1. PUB6-05 D. On page 4.15 - 27, it states "Recycled water, an important water source for the City of Fresno" is not yet utilized in I the Plan Area. This is a gross overstatement which is not really true. The only place that recycled water is being used in the City of Fresno is at Copper River Ranch. The comment expresses concern regarding an inaccurate statement of recycled water utilization in the Plan Area. As shown in Chapter 3, Revisions to the Draft PEIR, in this Final EIR, page 4.15-27 of the Draft PEIR has been revised accordingly. PUB6-06 E. On Page 4.15 - 33, Table 4.15-7 indicates Basin Sizes by acres. These figures cannot be accurate and this table needs to be corrected. The comment expresses concern regarding the accuracy of Table 4.15-7 of the Draft PEIR. As shown in Chapter 3, Revisions to the Draft PEIR, in this Final EIR, page 4.15-33 has been revised accordingly. PUB6-07 F. On page 5-3, one of the Project Objectives reads "Provide quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (½ mile) of all residences". While this may sound like a great "goal", has anyone at the City figured out how many parks (new) would be required to "satisfy'' this statement and how these numerous parks will be maintained? The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please also see Master Response 1. PLACEWORKS 6-1 6. Mitigation Monitoring and Reporting Program This chapter contains the Mitigation Monitoring and Reporting Program (MMRP) for the City of Fresno’s Southwest Fresno Specific Plan, herein referred to as “proposed Plan.” The MMRP is intended to ensure the implementation of mitigation measures identified as part of the environmental review for the proposed project. The MMRP includes the following information:  A list of mitigation measures  The timing for implementation of each mitigation measure  The agency responsible for monitoring implementation  The monitoring action and frequency The City of Fresno must adopt this MMRP, or an equally effective program, if it adopts the proposed Plan with the mitigation measures that were adopted or made conditions of project adoption. Mitigation Measures that have been incorporated from the Fresno General Plan Master Environmental Impact Report (MEIR) are numbered with “MEIR” as a prefix. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-2 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification AESTHETICS MEIR AES-1: Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low-intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low- intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-4: Lighting systems for freestanding signs shall not exceed 100 foot-Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. Prior to issuance of sign permits City of Fresno Development and Resource Management Department MEIR AES-5: Materials used on building façades shall be non-reflective. Prior to issuance of building permits City of Fresno Development and Resource Management Department AIR QUALITY AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star-certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment Prior to commencement of and during construction activities City of Fresno Development and Resource Management SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-3 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. Department AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that:  All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints).  All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency.  The construction contractor shall also use precoated/natural colored building materials, where feasible. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-3: Implement Mitigation Measure AQ-1. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions. Prior to issuance of building permits, commencement of and during construction activities City of Fresno Development and Resource Management Department AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII, the property owner/developer shall submit a dust control plan consistent with SJVAPCD Regulation VIII requirements that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions:  Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).  On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant.  Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-4 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification activities shall be effectively controlled utilizing application of water or by presoaking.  Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.  Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.)  Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.  Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.  Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.  Limit traffic speeds on unpaved roads to 15 mph.  Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.  Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the Plan Area.  Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable. AQ-7: AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b of the Draft EIR. Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department BIOLOGICAL RESOURCES BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project Prior to commencement of construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-5 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification implementation. If a special-status species is determined to occupy any portion of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance- free buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. BIO-1.1b: Direct or incidental take of any State- or federally-listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-1.1c: Development within the Plan Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-1.2: A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre-construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground-disturbing activities. To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of Fish and Wildlife (CDFW) based on the following ratios, if feasible: Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-6 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. BIO -1.3: No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent should retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction should be in substantial compliance with the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW should be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit. Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal should be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities should be examined for roosting bats using a portable camera probe or similar technology. No more than two weeks before the onset of any initial ground-disturbing activity or construction Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-7 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification associated with each phase of project implementation, a qualified bat biologist should conduct pre- construction surveys of all buildings with potential for roosting habitat for supporting special-status bats or a maternity colony should be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector should be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost should be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground-disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements should be created prior to the roost removal. The qualified bat biologist, in consultation with CDFW, should facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March to 31 August) periods through the following means: 1. Implementing eviction during a period of warm (nighttime low>50°F), dry weather, when bats are expected to be active. 2. Opening the roosting area to allow airflow through the cavity or building (air flow disturbance). 3. Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. 4. Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost. 5. Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours. BIO-1.5: Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist should conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance should be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-8 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following should be implemented:  If present, occupied badger dens should be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews should encircle the occupied den at the appropriate buffer distance, and should not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) should be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and should not be removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers should occur only under the direction of a qualified biologist. BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground- disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non-impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground- Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-9 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. BIO-1.7: Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) should conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they should be moved to the nearest suitable habitat immediately upstream or downstream from the project site. The candidate sites for relocation should be identified before construction and should be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests should remain undisturbed until the eggs have hatched. Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-10 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification consultation with a qualified wildlife biologist and CDFW. BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200-foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a compensatory habitat-based mitigation should be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat based mitigation should be determined on an acre- for-acre basis through consultation with the appropriate agency (i.e., CDFW or USFWS). Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special-status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation) (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation Prior to commencement of construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-11 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification should be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation should be implemented in a ratio according to the size of the impacted wetland. BIO-3b: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. Implementation of temporary construction-related BMPs shall occur prior to commencement of and during construction activities; implementation of long-term operational BMPs shall occur prior to issuance of occupancy permits City of Fresno Development and Resource Management Department CULTURAL RESOURCES MEIR CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. During construction activities City of Fresno Development and Resource Management Department MEIR CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. Subsequent to a preliminary City review of the project grading plans and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-12 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification If prehistoric resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MEIR CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, Subsequent to a preliminary City review of the project grading plans and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-13 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City- approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MEIR CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with During construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-14 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification the descendants all reasonable options regarding the descendants’ preferences for treatment. Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately. CUL-5: Implement Fresno General Plan MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4. See Mitigation Measures MEIR CUL-1, MEIR CUL-2, and MEIR CUL-4. GREENHOUSE GAS (GHG) EMISSIONS GHG-1: Implement Mitigation Measure AQ-2b as follows: Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. See Mitigation Measure AQ-2b. HAZARDOUS AND HAZARDOUS MATERIALS HAZ-3: Implementation of Mitigation Measures HAZ-4a through HAZ-4h, described later in the section under Impact HAZ-4, would reduce potential impacts to schools. In addition, as stated in the discussions of Impacts HAZ-1 and HAZ-2, compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. See Mitigation Measures HAZ-4a through HAZ-4h. HAZ-4a: Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted. Prior to issuance of grading permit City of Fresno Development and Resource Management Department HAZ-4b: In the event that the findings and conclusions of the Phase I ESA for a property result in evidence of RECs, HRECs and/or PECs warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the Prior to issuance of grading permit City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-15 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as USTs, drywells, drains, plumbing, and septic systems. The findings and conclusions of the Phase II ESA shall become the basis for potential recommendations for follow-up investigation, site characterization, and/or remedial activities, if found to be warranted. HAZ-4c: In the event the findings and conclusions of the Phase II ESA reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment. Prior to issuance of grading permit City of Fresno Development and Resource Management Department HAZ-4d: If the findings and conclusions of the Phase II ESA(s), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the Cal-EPA Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility. Prior to issuance of grading permit City of Fresno Development and Resource Management Department and Fresno County Department of Environmental Health Services HAZ-4e: Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and Prior to issuance of building permit City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-16 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification groundwater in connection with remediation and site development activities and the proposed land use. HAZ-4f: For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project design shall include vapor controls or source removal, as appropriate, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment as associated vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ4-4e). Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department HAZ-4g: In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos- containing materials (ACM) and/or LBP. Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is the responsible agency on the local level to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos-containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos containing materials. Prior to issuance of demolition permit City of Fresno Development and Resource Management Department and the San Joaquin Valley Air Pollution Control District HAZ-4h: Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or hazardous materials to determine if concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements, prior to importing to such a property. Prior to soil import City of Fresno Development and Resource Management Department NOISE NOISE-2a: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 50 feet of off-site structures, shall prepare and submit to Prior to issuance of grading and construction permits City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-17 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification the City of Fresno an acoustical study to evaluate potential construction-related vibration damage impacts. The vibration assessment shall be prepared by a qualified acoustical engineer and be based on the Federal Transit Administration (FTA) vibration-induced architectural damage criterion. If the acoustical study determines a potential exceedance of the FTA thresholds, measures shall be identified that ensure vibration levels are reduced to below the thresholds. Measures to reduce vibration levels can include use of less-vibration-intensive equipment (e.g., drilled piles and static rollers) and/or construction techniques (e.g., non-explosive rock blasting and use of hand tools) and preparation of a pre-construction survey report to assess the condition of the affected sensitive structure. Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-2b: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 100 feet of sensitive receptors (e.g., residences and schools) shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration annoyance impacts. The study shall be prepared by a qualified acoustical engineer and shall identify measures to reduce impacts to habitable structures to below the Federal Transit Administration (FTA) vibration-induced annoyance criterion. If construction- related vibration is determined in the acoustical study to be perceptible at vibration-sensitive uses, additional requirements, such as use of less-vibration-intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles, static rollers, and non- explosive rock blasting). Identified measures shall be included on all construction and building documents and submitted for verification to the City. Prior to issuance of grading and construction permits City of Fresno Development and Resource Management Department NOISE-4a: As required by the City of Fresno Municipal Code, construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and shall require a permit issued by the City. Prior to issuance of construction permits and during construction activities City of Fresno Development and Resource Management Department NOISE-4b: Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Development and Resource Management Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Development and Resource Management Director. Specific measures may include, but are not limited to, the following best management practices: Prior to issuance of demolition, grading and/or construction permits City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-18 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged.  Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures.  Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day.  Reduce non-essential idling of construction equipment to no more than five minutes.  Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise.  Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions.  If construction equipment is equipped with back-up alarm shut offs, switch off back-up alarms and replace with human spotters, as feasible.  Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible.  To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps.  Shut off generators when generators are not needed.  Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time.  Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise.  Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. The final noise-reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise-reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-19 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification PUBLIC SERVICES AND RECREATION MEIR PS-5: As future school facilities are planned, the school districts shall evaluate if specific environmental effects would occur. Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts includes:  Noise: Barriers and setbacks placed on school sites.  Traffic: Traffic devices for circulation.  Lighting: Provision of hoods and deflectors on lighting fixtures for stadium lights. Prior to issuance of construction permits City of Fresno Development and Resource Management Department PS-7: As new development occurs in the Plan Area, the City shall periodically (every 5 years) monitor residential population growth compared to development of new parklands for the purpose of evaluating the strength of this Plan to meet the ratio of 3 acres of parkland per 1,000 population. If the ratio is not met, the City shall explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. At 5-year intervals during implementation of the proposed Plan, through the year 2042 City of Fresno Development and Resource Management Department PS-8: Implement Mitigation Measure PS-7. See Mitigation Measure PS-7. TRANSPORTATION AND TRAFFIC TRANS-7.1: Provide transportation improvements consistent with General Plan Policy MT-1-j in the Plan Area that would encourage non-vehicular transportation and reduce auto traffic levels. These improvements shall be consistent with the goals and policies in the proposed Plan, which require the implementation of complete streets, bikeways, trails, sidewalks, and enhanced transit service to support transit use, biking, and walking as viable modes of travel. By supporting and encouraging these non-auto modes in lieu of auto travel, future traffic levels would be reduced. The City of Fresno shall also apply General Plan Policy MT-1-o, which allows LOS E or F conditions outside of identified multimodal districts if provisions are made to sufficiently improve the overall transportation system and promote non-vehicular transportation. With the application of General Plan policy MT-1-o, the LOS F conditions on Church Avenue and LOS E conditions on North Avenue would be considered acceptable. Ongoing City of Fresno Public Works Department TRANS-7.2: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. The City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-99/Jensen Avenue interchange and SR- 41/North Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: Ongoing Note: State Route 99 and State Route 41 are under Caltrans’ jurisdiction, and the implementation and timing of Mitigation Measure TRANS-7.2 is not Caltrans, Fresno Council of Governments, City of Fresno Public Works Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-20 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  SR-99 Southbound Off-Ramp/Jensen Avenue intersection: - Widen the SR-99 southbound off-ramp to add an additional left-turn pocket. - Restripe the existing shared through-left turn lane on the SR-99 southbound off-ramp as a dedicated through lane. - The resulting lane configuration on the southbound off-ramp is: two left-turn lanes, one through lane, and one right-turn lane. - Add an overlap phase for the northbound right-turn movement. - Prohibit westbound U-turn movement to allow the northbound right-turn overlap. - Widen the eastbound approach to stripe a third through lane; add a third receiving lane on the east leg that traps into the SR-99 southbound on-ramp.  SR-99 Northbound Off-Ramp/Jensen Avenue intersection: - Change the lane configurations on the northbound off-ramp to a dedicated left-turn pocket and shared through-right turn lane. - Add an overlap phase for the southbound right-turn movement. - Prohibit eastbound U-turn movement to allow the southbound right-turn overlap. - Widen the westbound approach to stripe a third through lane; add a third receiving lane on the west leg that traps into the SR-99 northbound on-ramp. - Change the phasing for the northbound and southbound approaches to protected left-turn movements and separate.  SR-41 Southbound Off-Ramp/North Avenue intersection: - Widen the SR-41 southbound off-ramp to add a left-turn pocket. - Change the lane configurations on the southbound off-ramp to convert the existing shared through-left turn lane to a shared right turn-through-left turn lane. - Extend the right-turn pocket on the off-ramp to accommodate right-turn queue length shown in Table 4.14-16. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared right turn-through-left turn lane, and one right-turn lane. - Widen the eastbound approach to add a third through lane that traps into the eastbound left- turn onto the SR-41 northbound on-ramp. In addition to addressing intersection operations, the changes identified above also address freeway off-ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix H for calculations). fully under the City’s control. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-21 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification While these changes would improve traffic operations to an acceptable LOS, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. In addition to the three intersections at the SR-99/Jensen Avenue and SR-41/North Avenue interchanges that operate at LOS E or LOS F under cumulative conditions, the following improvements would address unacceptable LOS E operations at the SR-99/Fresno Street interchange:  SR-99 Southbound Ramps/Fresno Street intersection: - Widen the SR-99 southbound frontage road to add an additional right-turn pocket. - Restripe the existing through lane as a shared through-left turn lane on the SR-99 southbound off-ramp. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared through left-turn lane, and two right-turn lanes.  SR-99 Northbound Ramps/Fresno Street intersection: - Add a through lane to the westbound approach on Fresno Street that traps into the left-turn onto the SR-99 southbound on-ramp. - Adding the third through lane on Fresno Street would require removing the existing raised median and prohibiting eastbound left-turns at the Fresno Street/E Street intersection. With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-17 below (refer to Appendix H for calculations). While the intersection and ramp changes at the SR-99/Fresno Street interchange would improve intersection LOS, physical constraints on the SR-99 southbound frontage road would make the proposed widening of the southbound approach infeasible. TRANS-7.3: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. In addition to the recommended improvements listed in Mitigation Measure TRANS-7.2, the City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-41/Jensen Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: Ongoing Note: State Route 41 is under Caltrans’ jurisdiction, and the implementation and timing of Mitigation Measure TRANS-7.3 is not fully under the City’s control. Caltrans, Fresno Council of Governments, City of Fresno Public Works Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-22 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  SR-41 Southbound Off-Ramp/Jensen Avenue intersection: - Change the existing shared left-right turn lane on the SR-41 southbound off-ramp as a dedicated right-turn lane SR-99 southbound off-ramp - The resulting lane configuration on the southbound off-ramp is: one left-turn lane and two right-turn lanes - Add a southbound right-turn phase to run concurrently with the eastbound through phase by taking green time from the westbound through phase The implementation of the changes to the SR-41 southbound off-ramp at Jensen Avenue listed above would reduce queuing on the SR-41 southbound off-ramp. These changes in combination with the improvements to the SR-99/Jensen Avenue, SR-41/North Avenue, and SR-99/Fresno Street interchange listed in Mitigation Measure TRANS-7.2, would reduce freeway off-ramp queuing under cumulative conditions. Table 4.14-18 in Chapter 4.14 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix H for calculations). While these changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off-ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. UTILITIES AND SERVICE SYSTEMS MEIR USS-1: The City shall develop and implement a wastewater master plan update. Prior to wastewater conveyance and treatment demand exceeding capacity City of Fresno Public Utilities Department MEIR USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Prior to exceeding existing wastewater treatment capacity City of Fresno Public Utilities Department MEIR USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall construct the following improvements. Prior to exceeding existing wastewater treatment capacity City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-23 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Construct an approximately 24 MGD Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. MEIR USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented subject to approval by the City prior to construction. The plan shall identify hours of construction and for deliveries, include haul routes, identify access and parking restrictions, plan for notifications, identify pavement markings and signage, and plan for coordination with emergency service providers and schools. Prior to construction of water and sewer facilities City of Fresno Public Works Department MEIR USS-5: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update Phase 2 Report, January 2012 (2012 Metro Plan Update).  Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9- 1 of the 2012 Metro Plan Update. Prior to exceeding existing water supply capacity City of Fresno Public Utilities Department MEIR USS-6: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27- inches to 42-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07- REP. Prior to exceeding capacity within the existing wastewater collection system facilities City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-24 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33 inches to 60 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1-REP and CM2-REP.  North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48 inches to 66 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1.  Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24 inches to 36 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. MEIR USS-7: Prior to exceeding capacity within the existing 28 pipeline segment shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. Prior to exceeding capacity within the existing 28 pipeline segments shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR City of Fresno Public Utilities Department MEIR USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025.  Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Prior to exceeding capacity within the existing water conveyance facilities City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-25 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. MEIR USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. Prior to exceeding capacity within the existing water conveyance facilities City of Fresno Public Utilities Department UTIL-3: Implement MEIR Mitigation Measures USS-1 through USS-3. See Mitigation Measures MEIR USS-1 through MEIR USS-3. UTIL-4: Implement MEIR Mitigation Measures USS-1 through USS-9. See Mitigation Measures MEIR USS-1 through MEIR USS-9. MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Prior to exceeding landfill capacity City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-26 OCTOBER 2017 ........................................................................................................................ A PPENDIX H D RAFT P EIR C OMMENT L ETTERS ........................................................................................................................ COMMENT LETTER # GOV1 GOV1-01 GOV1-02 GOV1-03 GOV1-04 GOV1-05 GOV1-06 GOV1-07 GOV1-08 GOV1-09 GOV1-10 GOV1-11 GOV1-12 GOV1-13 GOV1-14 GOV1-15 GOV1-16 GOV1-16 cont. GOV1-17 GOV1-18 GOV1-19 GOV1-20 GOV1-20 cont. GOV1-21 COMMENT LETTER # GOV2 GOV2-01 GOV2-01 cont. GOV2-02 GOV2-02 cont. GOV2-03 GOV2-04 GOV2-04 cont. GOV2-05 GOV2-06 GOV2-07 GOV2-07 cont. GOV2-08 GOV2-09 GOV2-09 cont. GOV2-10 GOV2-11 GOV2-12 GOV2-12 cont. GOV2-13 GOV2-14 GOV2-15 GOV2-16 GOV2-16 cont. GOV2-17 GOV2-18 GOV2-19 GOV2-19 cont. GOV2-20 GOV2-21 GOV2-21 cont. GOV2-22 GOV2-23 GOV2-24 GOV2-25 COMMENT LETTER # GOV3 GOV3-01 GOV3-02 GOV3-03 GOV3-04 GOV3-05 GOV3-06 GOV3-07 GOV3-08 GOV3-08 cont. GOV3-09 GOV3-10 GOV3-11 GOV3-12 GOV3-13 GOV3-14 GOV3-15 GOV3-16 GOV3-17 GOV3-18 GOV3-18 cont. COMMENT LETTER # GOV4 GOV4-01 By U.S. Mail & E-Mail: southwestcomments@fresno.gov September 25 , 2017 Sophia Pagoulatos, Planning Manager Barth Daly LLP 431 I Street #201 Sacramento, CA 95814 Tel: 916.440.8600 Fax: 91 6.440. 961 0 Barth-Daly.com City of Fresno, Development and Resource Management Department 2600 Fresno Street, Rm. 3065 Fresno, CA 93 721 Re: Comments of Washington Unified School District on Draft Program Environmental Impact Report for the Southwest Fresno Specific Plan Dear Ms. Pagoulatos: Our firm represents Washington Unified School District ("District"). On behalf of the District, we submit these comments on the Draft Program Environmental Impact Report ("Draft PEIR") prepared for the proposed Southwest Fresno Specific Plan (collectively, the "Project"). As set forth in this letter, the Draft PEIR does not comply with the California Environmental Quality Act ("CEQA," Pub. Resources Code, §§ 21000, et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000, et seq.) for both technical and substantive reasons. The Draft PEIR does not include sufficient information to evaluate potential environmental impacts related to schools. The District requests that the City revise the Draft PEIR to address the issues identified in this letter, develop appropriate mitigation measures for any impacts that are identified as significant, and then recirculate the revised Draft PEIR as required by CEQA. (Cal. Code Regs ., tit. 14, § 15088.5.) As another public agency serving the population of Fresno, the District prefers to cooperate with the City regarding the proposed Project so as to help ensure that it will benefit the entire community, without undue impacts. The District's primary concern is that the Project not create significant impacts on the student population it serves, their families, District staff and teachers, and the school facilities in which they are housed. The District wishes to emphasize that this Project has the potential to have a profound negative effect on the District's students, their families, and residents who will reside in and near the Project. It remains the District's hope that collaboration between the District and both the City and Project developers can occur to avoid this result. GOV4-02 GOV4-03 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 2 I. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate description of the environmental setting related to schools. An environmental impact report is required to include a description of the physical environmental conditions in the vicinity of the project as they exist at the time the notice of preparation is published. This environmental setting constitutes the baseline physical conditions by which the lead agency determines whether an impact is significant. (Cal. Code Regs., tit. 14, § 15125, subd. (a).) In this regard, the Draft PEIR's discussion of the impacts of the Southwest Specific Plan on the District's ability to serve students generated by the eventual development in the Plan area is of particular concern. The Draft PEIR contains no specific information pertaining to the District, and relies almost exclusively on information pertaining to Fresno Unified School District (serving just a portion of the north of the Plan area, and Central Unified School District (serving only a small part along the western edge of the Plan area. [Draft PEIR, p. 4.13-14-17.] The PEIR entirely fails to disclose the existing conditions of schools located within the District. Where the environmental setting in an EIR contains inaccuracies, it fails as an informational document. An EIR cannot properly and accurately assess the impacts of the project or determine appropriate mitigation measures if it does not include adequate consideration and documentation of the existing environmental conditions. (See, San Joaquin Raptor/Wildlife Rescue Center, et al. v. County of Stanislaus (1994) 27 Cal.App.4th 713.) II. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate analysis of environmental impacts related to schools. A. The Draft PEIR contains an inadequate discussion of impacts on schools. The Draft PEIR is deficient in its discussion and proposed mitigation of school-related impacts that may result from the Project. The Draft PEIR states that impacts on schools are deemed less than significant with payment of school developer fees. [Draft PEIR, pp. 4.13-18-19.] The Draft PEIR states that in accordance with Senate Bill ("SB") 50, "the City collects Development Impact Fees for the provision of school facilities that would accommodate the proj ected increase in student population within the Plan Area." [Draft PEIR, p.4.13-19.] This analysis is based on a misconception and falls short of providing a GOV4-03 cont. GOV4-04 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 3 full and accurate picture of the school-related impacts that will necessarily result from the Project. Further, here and elsewhere, the Draft PEIR contains bare conclusions regarding impacts without a sufficient explanation of the basis for those conclusions, again in violation ofCEQA. (Laurel Heights Improvement Ass'n. v. Regents of the University of California (1988) 47Cal.3d 376, 397.) In this instance, as the Draft PEIR fails to acknowledge, the statutory school impact fees will not sufficiently fund the necessary new facilities. It is commonly understood that "Level 1" developer fees (Ed. Code,§ 17620; Gov. Code,§ 65995) for schools cover only approximately one-third of the projected cost of school construction, with the other two-thirds expected to come from State and local bond funds. With there now having been no new statewide bond measure for school facilities for many years, State funds are depleted, leaving an even greater shortfall. Similarly, "Level 2" fees reflect only approximately half of the necessary cost, as demonstrated by the fact that when State funding runs out, the possibility of an approximate doubling of the fees to a "Level 3" is permitted to address the full anticipated cost of school construction. (See Go,1. Code §§65995.5 -65995.7.) Level 3 fees are not currently available due to a pending lawsuit against the State Allocation Board, which is not likely to be resolved in short order. The shortfall of necessary funds is exacerbated by the potential limitations on bonding capacity of land in the Plan Area, should a new school site be needed. Without sufficient space to build on the current elementary school site owned by the District in the Plan Area, acquisition of a new site, and more likely multiple sites, is probable, with inadequate available funds for such land purchases. The developer fees cited by the Draft PEIR were never intended to prohibit other mitigation, nor will they adequately mitigate all impacts of this Project. Government Code section 65996(b) mentions only "school facilities mitigation," meaning that mitigation of impacts on issues other than school facilities must still be addressed. (See, Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016.) The Draft PEIR fails to explore other measures that would alleviate the impact of the increases in student enrollment. Government Code section 65996 also does not preclude a host of available means of addressing a School District's needs as a result of new development. Alternative means of addressing the impacts of new development on schools still allowed under SB 50, and not acknowledged in the Draft PEIR, include : GOV4-04 cont. Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page4 1. Coordinated Planning for School Sites Government Code sections 65352 and 65352.2 require local cities to coordinate planning of school facilities with school districts. The Legislature confirmed in this statutory scheme that the parties are meant to coordinate "[o]ptions for the siting of new schools and whether or not the local city or counties existing land use element appropriately reflects the demand for public school facilities, and ensures that new planned development reserves location for public schools in the most appropriate locations." (Gov. Code 65352.2(d)(2).) No such coordination has occurred in relation to the Project. The Draft PEIR does not analy ze the City's failure to comply with these coordination requirements. The Legislature recognized that new planned development should take into consideration and even "reserve" locations for schools to serve development because schools are as integral a part of planning for new development as is any other public service, such as fire, police, water and sewer. As it relates to this instance, the intent behind sections 65350, et seq., supports the District's position that the City must analyze whether the current size of District schools is adequate to accommodate both its existing population and the new development. The City can help the District provide adequate facilities resulting from the impacts of the Project, which are not addressed by developer fees, by acknowledging the significant impact on schools, and requiring alternative mitigation measures to assure that there are adequate sites to accommodate school facilities. The Draft PEIR states that "As future development occurs throughout the Plan Are a, the school districts would continually monitor capacities of existing schools and forecast the timing of the construction of new schools or expansion of existing school so that new student populations can be provided with adequate school facilities ... ," but this statement is inadequate as mitigation because it does not commit the City to any action, and does create a condition of approval for developers. [Draft PEIR, p. 4.13-18.] The City has improperly delegated authority for development of adequate mitigation measures to address the school siting issues to future developers of the land within the Plan Area. This is not a permissible delegation of authority under CEQA. (Cal. Code Regs., tit. 14, § 15025, subd. (b)(l).) Per section 15084, subdivision (e), of the CEQA Guidelines, a draft EIR must reflect the independent judgment of the lead agency, and the lead agency is responsible for the adequacy and objectivity of the draft EIR. Leaving developers to come up with mitigation measures to address school-related issues does not comply with this standard. (See also, Pub. Resources Code,§ 21081.6, subd. (b); Cal Code Regs., tit. 14, § 15126.4, subd. (a)(2) [EIR must have mitigation measures that are enforceable through conditions of approval, contracts or other means that are legally binding].) GOV4-05 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25 , 2017 Page 5 2. Land Dedication One feasible mitigation measure not addressed by the City would be for the City to adopt findings requiring any developer building as part of the development allowed by the Project to dedicate land and/or funding pursuant to Government Code sections 65970, et seq., which permit the City to require a developer to dedicate land to a school district. Section 65974 specifically states that "for the purpose of establishing an interim method of providing classroom facilities where overcrowded conditions exist, ... a city, county, or city and county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development." Nothing in SB SO/Government Code section 65996 precludes this approach. A land dedication requirement would be good public planning benefiting all residents of the community, including future residents of the Project. Land suitable for a new school site in the vicinity of the Project is already scarce; it will only become more so if the Project is implemented and further development occurs. Under Government Code sections 65352 and 65352.2, the City has a duty to help plan for adequate services to its residents by ensuring that future sites are set aside for schools. Failure to do so leads to inadequate services, future controversies, and the potential need for a school district to exercise its rights under eminent domain, displacing future residents. All of these are impacts potentially stemming from the Project that are not considered in the Draft PEIR, and for which mitigation is and can be made available under existing law. Land dedication is a permissible mitigation measure under Government Code sections 65995, et seq. Section 65995(a) specifically states that "[e]xcept for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication or other requirement for the construction or reconstruction of school facilities may not be levied .... " (Emphasis added.) Section 65995 expressly excludes Chapter 4.7, inclusive of section 65974, from this limitation, thus permitting a city to address the impacts of development through the dedication of land. Further, the City is authorized by section 66478 of the Subdivision Map Act to require dedication of elementary school sites when needed to address development. Nothing in Government Code sections 65995, et seq., precludes such a requirement. Land dedication is particularly important in the Project's vicinity given the lack of available vacant land for the school facilities that will be needed to serve the Project. GOV4-06 GOV4-07 Sophia Pagoulatos, Planning Manager City of Fresno, DeYelopment and Resource Management Department September 25,2017 Page 6 3. Phasing Another method by which the City can work cooperatively with the District within all legal constraints to ensure adequate school facilities with regard to new development allowed by the Project is by requiring future development to be phased and not permitted prior to availability of school facilities. Timing development so as to balance the availability of school facilities with new development can significantly aid the District in its attempt to provide for the additional students who will be generated as a result of the Project and development following approval of the Project. The Draft PEIR makes vague assumptions regarding project build-out by stating that the development of residential units would occur over many years, so the growth in students would be spread across the some unknown future time. The reality is that the District must plan in advance for the arrival of the new students generated by the Project. The City could mitigate the impacts of the Project and allow for available school facilities when needed by requiring phasing of future development. This phasing could require that the timing of the development of the Project be coordinated with the availability of school facilities. B. The Draft PEIR contains an inadequate discussion of other school- related impacts. In addition to the above discussion of the inadequacy of school impact fees to mitigate the Project's significant impact on schools, the Draft PEIR fails to address other types of impacts related to the inundation of District schools that will be caused by the Project. The case of Chawanakee Unified School District v. County of Madera, et al., (2011) 196 Cal.App.4th 1016 ("Chawanakee") addresses the extent to which a city or county must consider school related impacts in an environmental impact report for new development. The Court determined that SB 50 does not excuse a lead agency from conducting environmental review of school impacts other than an impact "on school facilities." With respect to this terminology from subdivision (a) of section 65996, the Court opined: [T]he use of the term "on" indicates a direct relationship between the object (i.e. school facilities) and the impact and excludes impacts to other parts of the physical environment. Consequently, the phrase "impacts on school facilities" used in SB 50 does not cover all possible environmental impacts that have any type of connection or relationship to schools. (Id., at 1028.) GOV4-08 GOV4-09 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 7 As a result, the Court of Appeal in Chawanakee concluded that the County would have to set aside the certification of the EIR at issue in that case and approvals of the project and take "action necessary to bring the EIR into compliance with CEQA regarding its analysis of the (a) traffic from private and school bus trips to existing schools outside the project area pending the construction of school with the project area and (b) the potential environmental effects from the construction of additions, either temporary or permanent, to existing schools prior to the construction of schools in the project area." (Id., at 2019.) The Draft PEIR does not contain any discussion of these impacts and effects. As in the Chawanakee case, there is no analysis whatsoever in the Draft PEIR of the impact on school children and surrounding neighborhoods as portable classrooms or permanent construction are added to existing schools, or new schools are built, to accommodate development flowing from the approval of the Project. This would include addition of second stories on existing school buildings. 1. Traffic and Transportation Though the Draft PEIR generally analyzes the impacts of increased traffic, its analysis is inadequate particularly as related to schools. Traffic in the area of the Project is already impacted. The Specific Plan recognizes that the only high school within the District boundaries, Washington High School, is approximately four (4) miles south of the Plan Area, but the Draft PEIR fails to account for the traffic associated with transporting students from newly developed residential areas within the Plan Area to the existing high school, prior to any construction of a high school within the Plan Area. The Draft PEIR must include greater analysis regarding safety issues affected by traffic, such as reduced pedestrian safety (particularly as pupils walk to and from the schools that will serve the Project area), reduced response times for emergency services and first responders traveling to school sites, and increased gridlock during, before, and after school drop-off and pick-up hours. Since the District does not provide regular bussing for students (an important existing condition not addressed in the Draft PEIR), the Project has the potential to create substantial impacts in terms of traffic. Given these concerns and the lack of mitigation measures to address them adequately, the Draft PEIR must be revised and supplemented to analyze the significant issues of traffic and safety as they relate to existing and proposed schools. The Chawanakee case supports the conclusion that greater traffic analysis that specifically takes the District and its students into consideration is required. GOV4-10 GOV4-11 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 8 As stated in Chawanakee, a project's indirect impacts on parts of the physical environment that are not school facilities are not excused from being considered. For example: [A]n impact on traffic, even if that traffic is near a school facility and related to getting students to and from the facility, is not an impact 'on school facilities' for purposes of Government Code section 65996, subdivision (a). From both a chronological and a molecular view of adverse physical change, the additional students traveling to existing schools will impact the roadways and traffic before they set foot on the school grounds. From a funding perspective, the capped school facilities fee will not be used by a school district to improve intersections affected by the traffic. Thus, it makes little sense to say that the impact on traffic is fully mitigated by the payment of the fee. In.summary, ... the impact on traffic is not an impact on school facilities and, as a result, the impact on traffic must be considered in the EIR. (Chawanakee, 196 Cal.App.4th at 1028-29.) The Draft PEIR expressly acknowledges that there will be traffic (and other) impacts associated with construction and operation of new or expanded schools, and it states, " ... there could be significant adverse environmental impacts from the construction and operation of the schools. Typical impacts associated with schools include: noise and traffic for most of the schools and potentially lighting if there are high school stadiums proposed." [Draft PEIR, p. 4.13-18.] In this regard, the Draft PEIR fails to comply with CEQA and the requirements of Chawanakee. Mitigation measures are required to be enforceable through conditions of approval, contracts or other means that are legally binding. (Pub. Resources Code, §21081.6 , subd. (b); Cal. Code Regs., tit. 14, § 15126.4, subd. (a)(2).) The measure in the Draft PEIR that defers mitigation of the impacts of future development does not meet this standard, and is therefore inadequate. It does not commit the City to take any action in the future, or refrain from doing so, and it does not impose any obligation on a third party through a condition of approval or contract. The measure also improperly defers formulation of mitigation. While deferral of specifics is acceptable in some circumstances, the lead agency must articulate specific performance criteria and make further approval contingent on finding a way to meet them. In Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, an EIR was disapproved by the court based on the fact that it improperly deferred mitigation of impacts to an endangered butterfly and did not GOV4-11 cont. GOV4-12 GOV4-13 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 9 include any performance standards or guidelines. Rather, the court found that the anticipated plan for management contained nonspecific actions, and left the timing and other specifics subject to the discretion of the habitat preserve manager on prevailing environmental conditions. Therefore, the activities were not guaranteed to occur at any particular time or in any particular manner. Further, the EIR in Preserve Wild Santee did not indicate that it was in any way impractical or infeasible to specify standards or guidelines. Like the EIR in Preserve Wild Santee, the Draft PEIR improperly defers mitigation of significant impacts related to the foreseeable need to construct schools to serve the expected development within the Plan Area. The failure adequately to consider and analyze the constraints on the future need to construct schools contemplated in the Draft PEIR also points to a failure to consider adequate and feasible alternatives, as required by CEQA. (See, e.g., Pub. Resources Code§ 15126.6(a)-(e).) To the extent that the City contends that the traffic analysis "assumes" that there will be school trips associated with residential units, this is not sufficient. There is no specific data or discussion of such school trips, and there is no way to separate those types of trips from other vehicle trips so as to meaningfully review and analyze their impacts. The analysis therefore fails to comply with CEQA. (See, Pub. Resources Code,§ 21003, subd. (b) [EIR must be meaningful and useful to decision-makers and the public]; Cal. Code Regs., tit. 14, §§ 15140, 15147 [maps, charts and other means of presenting information graphically should be used to enhance an EIR's clarity; technical data should be summarized].) 2. Impacts of commercial development The Draft PEIR ignores the impact of commercial development on the generation of students and demand for schools. This oversight apparently results from a flawed assumption with no basis. In fact, the Legislature has expressly recognized that commercial development generates students. Otherwise, it would not have authorized school districts to charge fees against commercial and industrial development, as it did with Education Code section 17620(a)(l)(A). The imposition of fees on commercial and industrial development is based on the premise, recognized by the Legislature, that this type of development will attract new employees with families and therefore will generate new students. (See, Shapell Industries, Inc . v. Governing Board (1991) 1 Cal.App.4th 218, 246.) Since California law provides for fees to be imposed on both residential and commercial development, it recognizes that the students generated by these types of GOV4-13 cont. GOV4-14 GOV4-15 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 10 development do not necessarily overlap. Thus, the impacts of student generation resulting from both types of development must be analyzed. III. Plan Consistency The Draft PEIR also fails adequately to consider consistency with the City of Fresno General Plan ("General Plan"). The Draft PEIR acknowledges that the General Plan contains the goal of "Appropriate School Locations," and "Park and School Park and School Site Coordination." [Draft PEIR, p. 4.13-14 (quoting Policies POSS-8-b/c).] No analysis is undertaken and no information is provided as to whether the Project will result in such efficient and equitable distribution of quality educational facilities. In fact, the development likely will be underserved by school facilities, and hence educational opportunities, as discussed earlier. Residents of the Project will therefore face inequity with other students in the District, including undersized schools, lack of play space, lack of parking, school overcrowding, and potentially disadvantageous location of facilities near railroad tracks and gas pipelines. This inconsistency and relating impact must be addressed in the Draft PEIR. Conclusion The Draft PEIR does not adequately analyze the Specific Plan's potential impacts, particularly as related to schools. The Draft PEIR must address with greater specificity the impacts on school facilities and services, student safety, and more, as addressed in this letter. The District encourages the City to work cooperatively with the District and consider alternative mitigation measures that can assist in adequately mitigating the impacts on the District's schools and the affected surrounding environment. The Draft PEIR is also deficient in the other manners discussed above. The District stands ready to meet and work with the City to address these vital issues. Very truly yours, l COMMENT LETTER # GOV5 GOV5-01 COMMENT LETTER # GOV6 GOV6-01 GOV6-02 GOV6-03 GOV6-04 GOV6-05 GOV6-06 COMMENT LETTER # GOV7 GOV7-01 Sophia, The District would like to add an additional comment pertaining to the City’s Southwest Specific Plan. On page 4.9-15, please delete sentence “When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area” and the number 18 citation ”Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood control District. Phone Call with Place Works, April 11, 2014.” See the included attachment. Today, this situation is a rare occurrence because the District plans and constructs basin relief pipelines in order to avoid pumping water on the streets. The District’s current generation of Storm Drain Master Plans include basin relief pipelines that intertie the adjacent drainage areas together. This is the case for basins that do not have direct access to a canal for relief. Operationally, the District calls this situation a tiered relief system. The upstream basin pumps flow thru the relief pipeline to an adjacent downstream basin. This operation repeats until the water is ultimately moved to a downstream basin that has a permanent relief such as a canal or the river. Or the storm water may be detained at a downstream basin facility for recharge purpose depending on the forecasted weather conditions or maintenance requirements. Wendell Lum Master Plan Special Projects Manager Fresno Metropolitian Flood Control District 5469 E. Olive Avenue Fresno, Ca 93727 (559) 456-3292 Wendelll@fresnofloodcontrol.org www.fresnofloodcontrol.org COMMENT LETTER # GOV8 GOV8-01 GOV8-01 cont. GOV8-02 GOV8-03 GOV8-04 GOV8-05 GOV8-05 cont. GOV8-06 GOV8-06 cont. GOV8-07 COMMENT LETTER # ORG1 ORG1-01 From: Lee Ayres [mailto:lee@treefresno.org] Sent: Sunday, August 27, 2017 4:24 PM To: Sophia Pagoulatos; Southwestcomments Subject: RE: Southwest Fresno Specific Plan & EIR - comments Good afternoon – We wish to submit the following comments on the Plan and the program EIR:  Thanks for the thorough detail on conditions and terms.  We recommend that you add language that the Specific Plan policies and plans will be applied to adjacent areas when annexed in order to foster a coordinated plan for SW Fresno.  We applaud the policies on Green Streets to promote bicycle and pedestrian use.  Given that this is a Specific Plan, it would be helpful and appropriate to emphasize specific aims that would give this community a comparative advantage when competing with subdivisions in Fresno, Kerman, Fowler and Selma. These could include: o Green Streets to provide safe routes to schools and connect every neighborhood with the jobs in near the HSR station. o A target tree canopy of 40% o Alternative Subdivision Standards to reduce street widths and increase lot sizes and landscape ratios. o A Community Landscapes Plan (recently funded by a CDBG grant) to develop tree and plant collections for each major neighborhood, new and existing.  We question the allocation of an above average amounts of land for commercial uses, given traffic and aesthetic impacts, unless you can demonstrate this would provide job within walking distance for residents.  We challenge the low allocation of land for parks; given our low ParkScore. In fact, it would be in the interest of the future attractiveness of SW Fresno to double the existing park ratio.  Rather than not recognize Hyde Park and the Regional Sports Park as neighborhood assets, it would be better to mitigate the concerns and improve these parks. This will not reduce the need to add more.  A Community Park of 20 or more acres – maintained to a high standard – needs to be called out as a priority in the Edison High‐Hinton‐Computech‐Gaston area. If a Community College Campus is located nearby, it would make sense to master plan the combined Greenspace provided by the school, park and college properties.  We recommend a ¼ mile buffer for pedestrians and bicyclists from major arterials such as North, Jensen, and California/Venture due to the noise, child safety and near‐road air pollution. Same for schools and parks.  Recommend a pedestrian/bicycle tunnel under North Avenue at Santa Clara Avenue with North treated as a Green Street west of Elm. The Cargill plant at Church and MLK needs to be put in a non‐conforming use status and phased out with the trucks re‐ routed to Central.  MLK should treated as a Green Street between Church and California due to the MLK elementary school and the proposal that this section of MLK street become a Green Street to connect SW Fresno neighborhoods with employers near the HSR station. COMMENT LETTER # ORG2 ORG2-01 ORG2-02 ORG2-03 ORG2-04 ORG2-05 ORG2-06 ORG2-07  We sense that the planning team was driving with their foot on the brake to limit the proposed investments on community assets in the neighborhood. Just as we have witnessed with the Parks Master Plan. We need to be bold and set forth what is reasonable and needed and call for measures to fund the O&M costs.  The commercial nodes proposed at Marks and 180 and at Jensen and MLK make sense. Mixed land uses in this low‐density suburban setting are not likely to be viable.  The land use plan for a retail center at the SW corner of Church and MLK in not in the community interest with the concentration of school children nearby.  New development is badly needed at Fruit and California to mitigate blight and energize this section of the BRT corridor. This may be a suitable place for a TCC multi‐family housing subsidy. Thank you for your consideration. Lee Lee Ayres Let’s transform the San Joaquin Valley with trees, greenways and beautiful landscapes . . . one school, park, business or home at a time Tree Fresno www.treefresno.org 3150 E. Barstow Avenue Fresno, California 93740 (O) 559‐221‐5556 (M) 559‐285‐3906 lee@treefresno.org ORG2-07 cont. COMMENT LETTER # ORG3 ORG3-01 ORG3-02 ORG3-03 ORG3-04 ORG3-05 ORG3-06 ORG3-06 cont. ORG3-07 ORG3-08 ORG3-08 ORG3-09 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 Sophia Pagoulatos, Planning Manager Southwestcomments@fresno.gov 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 RE: Draft Southwest Specific Plan & Environmental Impact Report Dear Ms. Pagoulatos, Thank you for the opportunity to comment on the City of Fresno’s Southwest Specific Plan (“SWSP”) and Draft Environmental Impact Report (“DEIR”). Leadership Counsel for Justice and Accountability works alongside disadvantaged communities across the Central and Coachella Valleys, including in the City of Fresno, to advocate for sound policy and eliminate barriers to opportunity on the basis of wealth, race, income, and place. Throughout the development of the Southwest Specific Plan, we have worked closely with West Fresno residents to identify community priorities for the plan and ensure that the plan reflects and advances those priorities. These comments aim to assist the City in preparing a final SWSP and EIR that realize residents’ goals of achieving healthy neighborhoods. To create communities with the resources and amenities necessary for residents to thrive and meaningfully mitigate cumulative and new environmental impacts resulting from the SWSP. 1. Revisions and Additions Required to the Draft Southwest Specific Plan COMMENT LETTER # ORG4 ORG4-01 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 We commend staff for its responsiveness to resident and stakeholder requests that the City host additional Steering Committee meetings to allow further discussion of public comments received on the previous SWSP draft. The Draft SWSP includes many of the recommendations discussed and agreed upon by the Committee, nonetheless, the Draft does not accurately reflect or include all of the revisions voted on. We recommend the following changes to ensure that the Final SWSP fully includes the revisions recommended by the Committee and Southwest Fresno has an enforceable and purposeful plan. A. Include a Clear & Realistic Timeframe For Completing The Industrial Compatibility Study The Draft indicates that the City will complete a draft Industrial Land Use Compatibility Study by December 8, 2017. To our knowledge, the City has not initiated development of the draft study and therefore the stated deadline is unrealistic. The Final Draft should include a realistic timeline that will allow for development and adoption of the study with robust community input and also reflects the high priority placed by the community and Steering Committee on improving environmental health and addressing incompatible land uses in West Fresno. Based on these considerations, we recommend a completion deadline of January 2019. B. Add Detail & Cost Estimates to the Actions Identified in the Implementation Chapter In recognition of the importance of ensuring residents’ ability remain in West Fresno and enjoy the benefits of SWSP implementation as well as the extreme vulnerability of existing residents to displacement, the Steering Committee established Policy LU-4.8. As further discussed in Section 2-B below, the SWSP must specify a clear timeframe for the development and adoption of the anti-displacement strategy which includes a robust public process. The City should align the development of the anti-displacement strategy with implementation of Housing Element Program 12A, Downtown Displacement Prevention, which requires the City to convene a committee in 2018 and develop and adopt an anti-displacement strategy within six months thereafter. Like Program 12A, LU 4.8 should specify that the anti-displacement strategy will aim to prevent and mitigate any displacement of both residents and businesses in the Plan Area. C. Eliminate Additional Truck Routes That Conflict with Southwest Neighborhood Settings ORG4-01 cont. ORG4-02 ORG4-03 ORG4-04 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 The SWSP includes important policies long sought by the community to reduce the air pollution, noise, vibration, and aesthetic impacts of truck traffic that currently runs through the Plan Area. The Final Plan should include two further changes to address concerns regarding incompatible routes raised by residents: (1) elimination of the existing truck route on Elm Avenue north of Jensen, and (2) elimination of the additional route proposed in the Draft on Roeding Drive south of Whites Bridge Avenue. Neither of these routes serve any existing industrial land uses, and thus no reasonable basis for these additions exist. D. Add Detail and a Timeline to Policy PF-7.4 We support the addition of Policy PF-7.4 which calls on the City to establish a policy requiring businesses and City programs in the Plan Area to hire local residents. To ensure timely and effective implementation of the policy, the Final Plan should establish a timeline for implementation (we recommend a deadline of June 2018) and ensure SWSP Oversight Committee and public participation. E. Eminent Domain SWSP Plan Area residents have identified the use of eminent domain as a serious concern for this community, in particular, as it relates to proposals in the Plan to widen streets and support new development. Through eminent domain, the City, State, and Federal Government rezoned residential land for industrial use, wiped out thriving commercial boulevards and residential districts and replaced them with freeways, and cut West Fresno off from the rest of the City, helping to create the community’s current reality of chronic disinvestment and nationally-ranked concentrated poverty. The Plan should put safeguards in place to ensure that past is not repeated and that any use of eminent domain is supported by profusive community support, SWSP policies, and the exhaustion or lack of alternatives, especially where residential property, small or local business, or important community landmarks are involved. F. Ensure Compliance With the Housing Element & State Housing Element & No Net Loss Laws The community demonstrated a clear preference for a balanced mix of housing opportunities, including single family home options currently lacking in this community. To accommodate the community’s preference of establishing a more balanced mix of housing varieties, the land use map redesignates land currently designated for high density multi-family housing to low and medium residential density which restrict or prohibit multi-family development. Before adopting the Plan, the City must specifically identify any residential zoned sites designated for a reduction in density that are included in the City’s 2015-2023 Housing Element to meet the City’s need for ORG4-04 cont. ORG4-05 ORG4-06 ORG4-07 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 lower-income housing and make findings that adequate alternative sites exist or identify suitable alternative sites as required by Government Code Section 65863 and Housing Element Program 2. In identifying replacement sites, the City must consider the concentration of affordable housing in high poverty areas such as West Fresno pursuant to Program 2 and identify alternative sites in high opportunity neighborhoods that lack affordable housing opportunities consistent with the City’s duty to affirmatively further fair housing. G. Prioritize Zero and Near-Zero Emission Transportation Technology Transportation is the leading source of toxic and carcinogenic air pollutants in the state, emitting smog-forming ozone, black carbon, fine particulate matter, and nitrous oxides. These pollutants contribute to a host of respiratory and cardiovascular illnesses, including asthma, heart disease, and cancer, and result in thousands of early deaths annually. Southwest Fresno is specifically disadvantaged; according to the CalEnviroScreen tool, census tracts in the Plan Area rank in the 95-98th percentile for diesel, ozone and particulate matter pollution, and in the 98th percentile for both asthma and cardiovascular disease. To ensure reductions in criteria and toxic air pollutants in the Plan Area, the Final Plan should commit Southwest Fresno to a zero-emission transportation future. Specifically, a policy goal should be included within the Plan’s Transportation section that directs the city to actively pursue funds to 1) replace both public and private vehicles and fleets with zero-emission technology, and 2) promote electric vehicle charging infrastructure throughout the Plan Area. When zero-emission solutions are not feasible, the city should seek deployment of near-zero emission vehicles. Diesel fleets located or operating within the Plan Area should be prioritized for replacement. To actuate these goals, state, local and corporate funds are available. The Legislature recently appropriated $1 billion from the Greenhouse Gas Reduction Fund to state and local agencies to replace or retrofit dirty diesel engines. Fresno must actively pursue the following funds for the benefit of public health in the Plan Area: • $350M for The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, SB 1204 (Lara, 2014). These programs specifically target diesel pollution by incentivizing the purchase of zero-emissions trucks, buses, and freight equipment. The programs have been substantially over-subscribed. • $150M for light-duty equity pilots (especially EFMP Plus Up), agricultural worker vanpools, and car-sharing under SB 1275 (De Leon, 2014). These programs primarily serve disadvantaged communities, as defined by the CalEnviroScreen, promoting replacement of inefficient and ultra-polluting vehicles with hybrid or zero-emission alternatives, and promoting ridesharing. • $20M for zero emission school buses. Replacing old, dirty, diesel buses would improve health outcomes for students. Existing programs have been rapidly oversubscribed. • $300M for Clean Vehicle Rebate Project (Electric Vehicle Rebates). Public demand is likely to increase given the availability of new electric vehicle models such as the Chevy ORG4-07 cont. ORG4-08 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 Bolt and Tesla Model 3. Fresno should maximize the effectiveness of the funding by lowering the income cap and raising the electric-miles requirement for plug-in hybrids. The San Joaquin Valley Air District also has funds available to support a zero-emission future. Grant programs include 1) the School Bus Program, which provides funds to retrofit existing school buses with verified diesel emission control systems, or replace existing high-polluting buses with new, low-emission buses, and 2) the Charge Up! program, which provides funds for businesses and public agencies to purchase and install electric vehicle chargers for public use. Lastly, corporate funds could also be used to leverage state and local incentive programs. For instance, PG&E is currently implementing pilot programs to install infrastructure to support electric vehicle charging at multi-unit dwellings, workplaces, and public interest destinations. The company has also submitted a $211 million proposal to California Public Utilities Commission to build "make-ready" electric infrastructure for medium- to heavy-duty and off-road fleets. Responding to consumer demand for fast-charging stations, PG&E also proposed to complement state and privately funded fast charger deployments with new electric infrastructure. 2. The Final DEIR Must Comprehensively Assess Cumulatively Significant Impacts and Identify and Adopt All Feasible Mitigation Measures for Significant Impacts The California Environmental Quality Act (“CEQA”) requires the City consider the cumulative impacts of a Project and determine (A) whether the Project’s impact are significant and require mitigation and (B) assess and include all feasible mitigation for significant impacts identified. Several sections of the DEIR -- Air Quality, Public Services and Recreation, and Population and Housing – lack adequate analysis of cumulative impacts and fail to identify and include available mitigation measures for significant impacts. CEQA prohibits agencies from approving projects with significant environmental impacts if feasible mitigation measures or alternatives exist that would lessen or avoid such impacts. Pub. Res. Code § 21002. The Final DEIR must include a comprehensive assessment of all cumulative impacts of the Project and identify and adopt all feasible mitigation measures for significant impacts identified. Pub. Res. Code § 21081.6(b); C.C.R. § 15126.4(a)(2); See Napa Citizens for Honest Gov’t v. Napa County Bd. Of Sup. (2001) 91 Cal.App.4th 342, 358. A. The Final DEIR Must Identify & Address the Cumulative Impacts of Mobile & Stationary Pollution Sources According to CalEnviroScreen (“CES”) 3.0, every census tract in the SWSP Area is among the top 5% most pollution burdened communities in the State of California. The census tracts in the Plan Area rank as high as the 98th percentile for asthma and cardiovascular disease and 97th for ORG4-08 cont. ORG4-09 ORG4-10 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 particulate matter 2.5 (PM 2.5). Numerous studies have directly linked PM 2.5 emissions to an increase in asthma attacks and heart attacks. The Air Quality assessment provided in the DEIR identifies existing policies in the General Plan as mitigation measures. Several of these policies, such as Objective UF-12 and Policy UF-12-a, Policy LU-3-c, and Policy LU-5-f, lack the specifity required to constitute adequate and enforceable mitigation measures. Additionally, Policy LU-2-b, which states that the City will “consider a priority infill incentive program” to promote affordable housing development, could be strengthened and thereby serve as an adequate mitigation measure by including a specific timeline for the development and adoption of the program and inclusion of proven measures to preserve affordability in the area, thus reducing potential displacement. The incorporation of clear policies to prevent displacement of vulnerable low-income residents from the Plan Area is essential to mitigate potential significant impacts from increased vehicle miles travelled generated by these residents due to forced relocation to areas not served by transit and farther from jobs, education, and other resources and amenities necessary for everyday life. The assessment AQ-1 finds that the proposed Plan would increase long-term criteria air pollutants and cumulatively contribute to the nonattainment designations set up by the local air district is significant and unavoidable. Despite the extremely high levels of pollution in West Fresno and the City’s obligation to consider all feasible mitigation measures, the DEIR fails to take into account various mitigation measures that would serve to reduce the impacts of long-term criteria air pollutants and nonattainment designations. Accordingly, we recommend the inclusion of the following policies in the Final DEIR: a. Identify high emission corridors, stationary sites, and truck traffic routes, and create physical barriers such as with walls lined with trees or other shrubbery, or trees and shrubbery. Studies have shown that walls lined with trees are the most effective way to reduce emissions from impacting an area. b. Complete the Industrial Compatibility Assessment by January 2019. This study will assess the compatibility of existing sites and zoned land with surrounding neighborhoods considering their air quality, noise, odor, aesthetic, and other impacts. Sites found incompatible will follow recommended steps to mitigate pollution and other significant impacts in the surrounding area, including through amortization and/or greening. Additional funding sources should also be sought out as the current $150,000 in the City’s budget for FY 2017-2018 is not enough. The TCC Planning Grant is one example the City of Fresno can seek out. c. To reduce VMT-related emissions from commute trips in and out of the Plan Area, develop and implement a policy, with community input, requiring new employment sources within the community to hire workers from within the Plan Area. ORG4-10 cont. ORG4-11 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 d. To reduce VMT-related emissions, work with Plan Area residents and stakeholders to identify measures to increase public and group transit options, including through improving efficiency and reliability of FAX services, implementing Bus Rapid Transit on California Street and Elm Avenue, identifying ride sharing opportunities, and more. e. Enforce laws and regulations prohibiting vehicle idling. f. Actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. g. Actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Funding sources examples are provided above for the City to begin its search. B. Prevent Project-Related Physical and Economic Displacement of Residents and Businesses The CES 3.0 ranks the SWSP Plan Area poverty levels as high as the 99th percentile in the State. A majority of the residents in this community live below the federal poverty line, which for a family of four is $24,600. The City of Fresno in general also experiences high levels of housing cost burden, with the greatest burdens impacting lower-income residents, such as those in West Fresno. Housing cost burden rates make lower residents extremely vulnerable to displacement due to minor increases in housing costs. The DEIR discussion in Population and Housing solely addresses physical displacement through the removal of existing housing units. The DEIR includes no analysis or proposed mitigation for economic displacement of low-income residents and no analysis or proposed mitigation for displacement of small, local and/or minority-owned businesses due to rising property values and rent prices as a result of the implementation of the proposed plan. The Plan proposes to direct significant public and private investment into the community. The Plan identifies a new community college facility site which will employ hundreds of people and attract thousands more to the area; proposes significant new park space; identifies Bus Rapid Transit routes and other improvements; and provides for the remediation of basic infrastructure and service deficiencies. These improvements, coupled with other factors such as the High Speed Rail, the potential investment of up to $70 million in the Plan Area through the Transformative Climate Communities Program, and population growth in the Central Valley, will undoubtedly lead to increase land prices, property values, rent prices, and cost of living. Ultimately, threatening economic displacement of residents and businesses and significant environmental impacts due to their relocation. Absent clear and enforceable mitigation, displacement, caused by both physical and economic forces resulting from SWSP implementation, will ORG4-11 cont. ORG4-12 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 result in significant environmental impacts due to the need for new construction and increased VMT of displaced residents. Residents forced to move from areas served by transit will have to rely on personal vehicles consequentially having a significant impact on VMTs, traffic, greenhouse gas emissions, and air quality. Cal. Pub. Res. Code § 21083(b)(3) (the Guidelines “shall require a finding that project may have a ‘significant effect on the environment’ if…[t]he environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.”). The Final DEIR must analyze and include all feasible mitigation measures to prevent displacement of residents and businesses. C.C.R. § 15064(e). Anti-displacement measures are essential to reduce impacts associated with increased housing costs pushing residents further away from amenities and public transit. Feasible mitigation measures and policies we recommend include: a. Adoption of a rent stabilization ordinance preventing rent increases of more than 15% over a three-year period. b. Adopt inclusionary zoning requirements wherein new residential construction must include at least 25% of units affordable to extremely-low, very-low and low income residents or developers must pay an in lieu fee. c. Adopt a just cause eviction ordinance. d. Require City-owned land, when sold, include units affordable to lower-income residents, wherever residential construction occurs on those sites. e. Create an Anti-Displacement Advisory Committee in 2018 which will develop anti-displacement strategy for adoption by City Council within six months thereafter. I. Provide Adequate Park Space for Expected Population Growth As noted in the SWSP DEIR, West Fresno has 19 acres of existing park space total -- well below Fresno City’s goal of 3 acres per 1,000 residents of park space. The proposed plan zones for an additional 70 acres of park space creating a combined total of 89 acres. The DEIR, however, finds a total of 91 acres of existing and new parkland will be designated. The City should include at least an additional two acres of park space in the Final DEIR to ensure that sufficient park space can be provided to meet the City’s park space goals. The City can and must also utilize the current Parks Master Planning Process to identify and expand park space opportunities in West Fresno. Furthermore, the draft report results a deficiency of 32 acres (adjusting for the missing 2 acres noted above) for the expected population growth under the Dual Designation Scenario. Mitigation Measure PS-7 states the City will monitor population growth in the Plan Area compared to parklands every 5 years. If the ratio of 3 acres per 1,000 residents is not met the City will explore additional ways to increase park space. Given the City’s existing park space conditions in South Fresno where residents south of Shaw Avenue have an average of 1.75 acres ORG4-12 cont. ORG4-13 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 of park space per 1,000 residents. And given that the City has not updated its Parks Master Plan since 1989, a plan that was supposed to be updated every five years, we cannot expect to comply with its Mitigation Measure PS-7. * * * * * Thank you for your considerations of our comments. Our goal is simple and assuredly shared with the City of Fresno to ultimately provide Southwest Fresno with a revolutionary plan to transform the community for years to come. We look forward to continue collaborating with the City of Fresno to address the issues identified in this letter. Please contact Grecia Elenes at (559) 369-2790 to set up a time to meet to discuss these comments in person. Sincerely, /s/ Andy Levine Faith in Fresno Genevieve Gale Central Valley Air Quality Coalition Grecia Elenes Leadership Counsel for Justice and Accountability Kevin Hamilton Central California Asthma Collaborative ORG4-13 cont. From: Gwen Leffall [mailto:gjleffall@gmail.com] Sent: Monday, September 18, 2017 5:55 PM To: Southwestcomments Subject: Comments On The SWFSP and DPEIR Please accept the following comments I offer for consideration to the Southwest Fresno Specific Plan and the Draft Program EIR: 1. Plan MODERATE/MIDDLE income levels of housing IN LIEU of low/affordable income levels of housing types. 2. Raise the bar of income housing levels types to attract RETAIL, to be established in this DPEIR SFSP. 3. Build a Fresno City Community College Annex in this DPEIR SFSP. 4. Provide regular service to keep our streets, roads, highways, sidewalks free of potholes, cracked pavement, and cracked concrete for the subject planned area, and the IMMEDIATE SURROUNDING AREAS to include south of Jensen, and Jensen, east and west. 5. Regular attention to tree trimming and landscape cleanup for the subject planned area, and, the immediate surrounding areas, to include south of Jensen, and Jensen, east and west. Respectfully and Sincerely submitted, Gwendolyn J. Leffall 2677 S. Lee Av Fresno, CA, 93706 COMMENT LETTER # PUB1 PUB1-01 September 19, 2017 VIA ELECTRONIC TRANSMISSION Sophia Pagoulato City of Fresno: DARM 2600 Fresno St. Fresno, CA 93721 Re: The Draft Program Environmental Impact Report (DPEI R) Dear Sophia Pagoulato: Thank you for the opportunity to provide comments on the City of Fresno’s West Fresno Specific Plan. I appreciate the collaborative process your office has facilitated with community stakeholders. The City of Fresno presents an incredible opportunity to do something truly transformative in the City of Fresno through its South West Fresno Specific Plan and I am committed to ensuring we have a plan that meets the communities environmental, economic, and equity goals. I commend the City of Fresno staff for developing a comprehensive plan and I recognize that additional revisions may be needed. I am broadly supportive of the plan as stakeholder and member of the committee. I would also appreciate your allowing flexibility in the requirements to the South West Fresno Specific Plan that would be in alignment with better serving the community. I do request you consider a few outstanding issues and questions in relation to the Biological Resource Section of the South West Fresno Specific Plan: DPEIR The Recovery Plan has defined 6 key elements. 1. What are the elements that pertain to the SW Specific Plan? 2. Although DEIR states SJKF not within a 5 miles radius. What is the nearest radius for SJKF? The SJKF protection range per USFWS is a 10 mile radius. “The purpose of the Endangered Species Act of 1973, as amended, are to provide a means whereby the ecosystem upon which endangered species and threatened species depends may be conserved…and to provide a program for the conservation of such endangered and threatened species.” (The Endangered Species Act of 1973, as amended) The language contained in the Endangered Species Act of 1973, as amended (Act), requires the U.S. Fish and Wildlife Service (Service) to not only protect individual animals, but has the COMMENT LETTER # PUB2 PUB2-01 PUB2-02 PUB2-03 further obligation of providing listed species with functioning ecosystems so protections provided by the Act are no longer necessary. For the Services to achieve this goal and to allow the project applicants to proceed with their project in a timely manner, the Service has developed the U.S. Fish and Wildlife Service San Joaquin Kit Fox Survey Protocol for the Northern Range where foothill grassland, oak savannah, and agricultural lands are the primary kit fox habitats. To avoid unnecessary expenditures and delays for projects located within the northern range of the San Joaquin kit fox, the project applicant, along with a qualified biologist, must conduct an early evaluation with the Service. SWHA 1. Has a survey been conducted to identify potential suitable nesting locations for SWHA within the project site? If so, it has not been clearly stated in the biological report. 2. What's the proposed plan for trees onsite where SHWA may occur and utilize? 3. The Mitigation Measure is too vague, BIO-1.2 4. The first SHWA survey period from January 1 to March 20 could provide information on where suitable and potential nesting locations may occur and should not be dismissed nor considered optional. SJKF Mitigation Measures too vague. 1. Why is a take authorization/permit being considered but no mention of mitigation bank or conservation habitat? 2. If disruption of any habitat utilized by the SJKF should occur has a mitigation bank or habitat conservation area been identified to offset the SJKF loss? 3. Before implementing Project and any ITP activity, the applicant should be required to develop and submit a construction monitoring plan to the City planning department for review and approval. The construction monitoring plan should consist of the following: • Results of planning and preconstruction surveys. • Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored. PUB2-05 PUB2-06 PUB2-07 PUB2-08 PUB2-09 PUB2-10 PUB2-11 PUB2-04 PUB2-03 cont. • Description of the onsite authority of the construction monitor to modify implementation of the activity. Again thank you for your efforts to develop this plan and for providing an inclusive public process. As mentioned previously, the alignment between the City of Fresno and the “Community” reinforces a collective vision. I forward to working with you on further development and implementation of this document. Thank you for the opportunity to provide comments on this process, I look forward to your response. In Community, Eric Payne South West Fresno Specific Plan Committee Member PUB2-11 cont. From: Tate Hill [mailto:tatehill2@gmail.com] Sent: Thursday, September 21, 2017 12:30 PM To: Sophia Pagoulatos Cc: Southwestcomments Subject: Re: Southwest Fresno Specific Plan EIR Notice of Availability-- Comments Good morning Sophia: I'm beginning to go through the EIR, there are a numbers of the Impact classifications with S/SU designation with no mitigation measures. There a few that just couldn't be accurate with the elements of new development. For example: Population‐1 that states will be no population impacts due to the proposed plan. With the proposed housing, there would be a Significant population increase in that neighborhood. With the addition of the proposed 5923 housing units, there would be significant increase to the population with an estimated 50% increase (24,000) to the current population base. As it relates to AQ2, AQ4, GHG 1, GHG3, the mitigation measures only apply towards the development of planned uses not the full implementation of the plan which extends beyond the actual construction itself. There is been no mitigation measure to address the impacts of air quality and GHGs from the establishment of new development (housing or commercial) in the plan. In Noise‐1, its listed as LTS and SU with no mitigation measure. The response in HAZ‐9 contradicts with the EnvironScreen 3 that shows that West Fresno neighborhoods are the most impacted by hazardous, toxic and air contaminating effects. The proposed plan's new uses may not increase hazardous impact but there are significant cumulative impacts due to hazardous materials in the plan area because of past projects. How did the EIR address the impact of population densification and increasing proximity of populations to current hazardous sights? There is the introduction of PS which I assume is 'potentially significant' but it's not included in the key. Tate Hill Sent from my iPhone COMMENT LETTER # PUB3 PUB3-01 PUB3-02 PUB3-03 PUB3-04 PUB3-05 PUB3-06 From: Lillie [mailto:mslillie@pacbell.net] Sent: Monday, September 25, 2017 2:07 PM To: Southwestcomments Subject: Southwest Fresno specific plan I would like to see a college and a walmart in southwest fresno. Sent from my iPhone COMMENT LETTER # PUB4 PUB4-01 COMMENT LETTER # PUB5 PUB5-01 PUB5-02 PUB5-03 COMMENT LETTER # PUB6 PUB6-01 PUB6-02 PUB6-03 PUB6-04 PUB6-05 PUB6-06 PUB6-07 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 510.848.3815 www.placeworks.com Exhibit P Resolution of the Council of the City of Fresno, California, Certifying Environmental Impact Report SCH. No 2017031012 Exhibit 1- Final PEIR Exhibit 2- CEQA Findings of Fact which include: Impacts Mitigated to a Level of Insignificance Significant Unavoidable Impacts Feasibility of Project Alternatives Statement of Overriding Considerations Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno SCH #: 2017031012 October 2017 | Final EIR In Association With: Fehr & Peers Transportation Consultants H.T. Harvey & Associates Blair, Church & Flynn Consulting Engineers Sierra Valley Cultural Planning PlaceWorks 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 510.848.3815 Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno SCH #: 2017031012 October 2017 | Final EIR Prepared By: ORANGE COUNTY • NORTHERN CALIFORNIA • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE • SAN DIEGO www.placeworks.com PLACEWORKS i Table of Contents 1. INTRODUCTION .................................................................................................................................. 1-1 1.1 Purpose of the Final EIR ...................................................................................................... 1-1 1.2 Environmental Review Process ......................................................................................... 1-1 1.3 Report Organization ........................................................................................................... 1-2 EXECUTIVE SUMMARY ....................................................................................................................... 2-1 2. 2.1 Environmental Procedures ................................................................................................ 2-1 2.2 Summary of the Proposed Plan ........................................................................................ 2-4 2.3 Summary of the Alternatives to the Proposed Plan ..................................................... 2-5 2.4 Issues to be Resolved ......................................................................................................... 2-5 2.5 Areas of Concern................................................................................................................ 2-5 2.6 Significant Impacts and Mitigation Measures ............................................................... 2-6 REVISIONS TO THE DRAFT PEIR ......................................................................................................... 3-1 3. 3.1 Revisions to Chapter 2, Executive Summary .................................................................. 3-1 3.2 Revisions to Chapter 3, Project Description ................................................................... 3-2 3.3 Revisions to Chapter 4.3, Air Quality ............................................................................... 3-2 3.4 Revisions to Chapter 4.4, Biological Resources ............................................................. 3-4 3.5 Revisions to Chapter 4.7, Greenhouse Gas (GHG) Emissions ...................................3-11 3.6 Revisions to Chapter 4.9, Hydrology and Water Quality ...........................................3-14 3.7 Revisions to Chapter 4.10, Land Use and Planning ....................................................3-19 3.8 Revisions to Chapter 4.12, Population and Housing ..................................................3-19 3.9 Revisions to Chapter 4.13, Public Services ...................................................................3-20 3.10 Revisions to Chapter 4.14, Transportation and Traffic................................................3-21 3.11 Revisions to Chapter 4.15, Utility Systems......................................................................3-44 4. LIST OF COMMENTERS ...................................................................................................................... 4-1 4.1 Government Agencies and Service Providers .............................................................. 4-1 4.2 Non-Governmental Organizations & Private Companies .......................................... 4-1 4.3 Members of the Public ....................................................................................................... 4-1 4.4 Comments Received After Close of the Public Comment Period ........................... 4-2 5. COMMENTS AND RESPONSES ......................................................................................................... 5-1 5.1 Master Responses ............................................................................................................... 5-1 5.2 Individual Responses .......................................................................................................... 5-4 6. MITIGATION MONITORING AND REPORTING PROGRAM .......................................................... 6-1 APPENDICES Appendix H: Draft PEIR Comment Letters SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO TABLE OF CONTENTS ii OCTOBER 2017 LIST OF FIGURES Figure 4.9-1 FMFCD Urban Flood Control System Area ...........................................................3-15 Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area ......................3-17 Figure 4.14-6 Peak Hour Traffic Volumes and Lane Configurations Existing Conditions ....................................................................................................................3-22 Figure 4.14-15 Peak Hour Traffic Volumes and Lane Configurations Existing Plus Project ..........................................................................................................................3-23 Figure 4.14-20 Peak Hour Traffic Volumes and Lane Configurations Cumulative Conditions ....................................................................................................................3-24 Figure 4.14-14 Existing Plus Proposed Plan Daily Roadway Volumes (2017) .............................3-28 Figure 4.14-179 Cumulative Daily Roadway Volumes (2035) ........................................................3-36 Figure 4.14-18 21 Cumulative AM Peak Hour Roadway Segment LOS (2035) ..............................3-36 Figure 4.14-1922 Cumulative PM Peak Hour Roadway Segment LOS (2035) ...............................3-36 LIST OF TABLES Table 2-1 Summary of Impacts and Mitigation Measures ..................................................... 2-7 Table 4.14-4 Peak Hour Freeway Off-Ramp Queuing – Existing Conditions (2017) ..............3-25 Table 4.14-8 VMT Comparison – Existing Conditions and Existing Plus Proposed Plan (2017) ...................................................................................................................3-27 Table 4.14-9 Peak Hour Roadway Segment Operations – Existing Plus Proposed Plan Conditions (2017) ..............................................................................................3-29 Table 4.14-10 Peak Hour Intersection Operations – Existing Plus Proposed Plan Conditions (2017) .......................................................................................................3-31 Table 4.14-11 Peak Hour Freeway Off-Ramp Queuing – Existing Plus Proposed Plan Conditions (2017) ..............................................................................................3-32 Table 4.14-12 VMT Comparison – Existing Conditions (2017) and Cumulative Conditions (2035) .......................................................................................................3-36 Table 4.14-13 Peak Hour Roadway Segment Operations – Cumulative Conditions (2035) ............................................................................................................................3-36 Table 4.14-14 Peak Hour Intersection Operations – Cumulative Conditions (2035) ...............3-41 Table 4.14-15 Peak Hour Freeway Off-Ramp Queuing – Cumulative Conditions (2035) ............................................................................................................................3-42 Table 4.14-16 Peak Hour Intersection Operations – Cumulative Conditions with Mitigations (2035) .......................................................................................................3-43 Table 4.14-17 Peak Hour Intersection Operations – Cumulative Conditions with Mitigations (2035) .......................................................................................................3-43 Table 4.14-18 Peak Hour Freeway Off-Ramp Queuing – Cumulative Conditions with Mitigations (2017) ...............................................................................................3-44 Table 4.15-7 Drainage System Required Capacity by Drainage Area ..................................3-47 Table 5-1 Comments and Response Matrix .............................................................................. 5-5 Table 6-1 Mitigation Monitoring and Reporting Program ...................................................... 6-2 PLACEWORKS 1-1 1. Introduction 1.1 PURPOSE OF THE FINAL EIR This document provides responses to comments received on, as well as revisions to, the Draft Program Environmental Impact Report (PEIR) for the proposed Southwest Fresno Specific Plan (proposed Plan). The Draft PEIR identified significant impacts associated with the proposed Plan, and examined alternatives and recommended mitigation measures that could avoid or reduce potential impacts. This document, together with the Draft PEIR, will constitute the Final PEIR if the City of Fresno City Council certifies it as complete and adequate under the California Environmental Quality Act (CEQA). 1.2 ENVIRONMENTAL REVIEW PROCESS According to CEQA, lead agencies are required to consult with public agencies having jurisdiction over a proposed project, and to provide the general public with an opportunity to comment on the Draft PEIR. This Final PEIR has been prepared to respond to comments received on the Draft PEIR. The Draft PEIR was made available for public review from August 9, 2017 through September 25, 2017. The Draft PEIR was distributed to local, regional, and State agencies, and the general public. Copies of the Draft PEIR were made available for review to interested parties at:  Mary Ella Brown Community Center, 1350 E. Annadale Avenue, Fresno, CA 93706  Hinton Community Center, 2385 Fairview Avenue, Fresno, CA 93706  West Fresno Family Resource Center, 1801 E. California Avenue, Fresno, CA 93706  The City of Fresno website at www.fresno.gov/southwestplan The 45-day public comment period ended on September 25, 2017. Copies of all written comments received on the Draft EIR are contained in this document. These comments and responses to these comments are laid out in Chapter 5, Comments and Responses, of this Final PEIR. This Final PEIR will be considered at a Planning Commission public hearing on the proposed Plan, after which the Commission will make a recommendation to the City Council on certification of the PEIR and approval of the proposed Plan. The City Council will consider the Planning Commission’s recommendations on the Final PEIR and the proposed Plan during a noticed public hearing, and will take the final action with regard to certification of the Final PEIR. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO INTRODUCTION 1-2 OCTOBER 2017 1.3 REPORT ORGANIZATION This document is organized into the following chapters:  Chapter 1: Introduction. This chapter discusses the use and organization of the Final PEIR.  Chapter 2: Executive Summary. This chapter summarizes the environmental consequences that would result from implementation of the proposed Plan, the alternatives to the proposed Plan, and the recommended mitigation measures, and indicates the level of significance of environmental impacts with and without mitigation.  Chapter 3: Revisions to the Draft PEIR. Revisions to the Draft PEIR are contained in this chapter.  Chapter 4: List of Commenters. Names of agencies and individuals who commented on the Draft PEIR are included in this chapter.  Chapter 5: Comments and Responses. This chapter lists the comments received from agencies and the public on the Draft PEIR, and provides responses to those comments.  Chapter 6: Mitigation Monitoring and Reporting Program. This chapter contains the Mitigation Monitoring and Reporting Program (MMRP) for the proposed Plan. PLACEWORKS 2-1 Executive Summary 2. This chapter presents a summary of the findings of the Draft and Final Program Environmental Impact Reports (PEIRs). This chapter has been reprinted from the Draft PEIR with necessary changes made in this Final PEIR in double-underline and strikethrough. This chapter presents an overview of the proposed Southwest Fresno Specific Plan, herein referred to as “proposed Plan.” This executive summary provides a summary of the proposed Plan, a summary of the alternatives to the proposed Plan, identifies issues to be resolved, areas of concern, and conclusions of the analysis contained in Chapters 4.0 through 4.15 of this the Draft Environmental Impact Report (Draft EIR). For a complete description of the proposed Plan, see Chapter 3, and for a discussion of alternatives to the proposed Plan, see Chapter 5 of this the Draft EIR. This The Draft EIR addresses the environmental effects associated with the implementation of the proposed Plan. The California Environmental Quality Act (CEQA) requires that local government agencies, prior to taking action on projects over which they have discretionary approval authority, consider the environmental consequences of such projects. An EIR is a public document designed to provide the public, and local and State governmental agency decision-makers with an analysis of potential environmental consequences to support informed decision-making. This The Draft EIR has been prepared pursuant to the requirements of CEQA (California Public Resources Code, Division 13, Section 21000, et seq.) and the State CEQA Guidelines (Title 14 of the California Code of Regulations, Division 6, Chapter 3, Section 15000, et seq.) to determine if approval of the identified discretionary actions and related subsequent development under the proposed Plan could have a significant impact on the environment. The City of Fresno, as the Lead Agency, has reviewed and revised as necessary all submitted drafts, technical studies, and reports to reflect its own independent judgment, including reliance on applicable City technical personnel and review of all technical subconsultant reports. Information for this the Draft EIR was obtained from on-site field observations; discussions with affected agencies; analysis of adopted plans and policies; review of available studies, reports, data, and similar literature in the public domain; and specialized environmental assessments (e.g., air quality, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic). 2.1 ENVIRONMENTAL PROCEDURES This The Draft EIR has been prepared to assess the potential environmental effects associated with implementation of the proposed Plan. The main purposes of this document as established by CEQA are:  To disclose to decision-makers and the public the significant environmental effects of proposed activities.  To identify ways to avoid or reduce environmental damage. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-2 AUGUST OCTOBER 2017  To prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures.  To disclose to the public reasons for agency approval of projects with significant environmental effects.  To foster interagency coordination in the review of projects.  To enhance public participation in the planning process. An EIR is the most comprehensive form of environmental documentation identified in the statutes and in the CEQA Guidelines. It provides the information needed to assess the environmental consequences of a proposed project, to the extent feasible. EIRs are intended to provide an objective, factually supported, full-disclosure analysis of the environmental consequences associated with a proposed project that has the potential to result in significant, adverse environmental impacts. An EIR is also one of various decision- making tools used by a lead agency to consider the merits and disadvantages of a project that is subject to its discretionary authority. Prior to approving a proposed project, the lead agency must consider the information contained in the EIR, determine whether the EIR was properly prepared in accordance with CEQA and the CEQA Guidelines, determine that it reflects the independent judgment of the lead agency, adopt findings concerning the project’s significant environmental impacts and alternatives, and must adopt a Statement of Overriding Considerations if the proposed project would result in significant impacts that cannot be avoided. 2.1.1 REPORT ORGANIZATION This The Draft EIR is organized into the following chapters:  Chapter 1: Introduction. Provides an overview describing the Draft EIR document.  Chapter 2: Executive Summary. Summarizes the environmental consequences that would result from implementation of the proposed Plan, the alternatives to the proposed Plan, the recommended mitigation measures, and it indicates the level of significance of environmental impacts with and without mitigation.  Chapter 3: Project Description. Describes the proposed Plan in detail, including the site location and characteristics, objectives, and the structural and technical elements of the proposed action.  Chapter 4: Environmental Analysis. Organized into 15 sub-chapters corresponding to the environmental resource categories identified in Appendix G, Environmental Checklist, of the CEQA Guidelines, this section provides a description of the physical environmental conditions in the vicinity of the proposed Plan as they existed at the time the Notice of Preparation was published, from both a local and regional perspective, as well as an analysis of the potential environmental impacts of the proposed Plan, and recommended mitigation measures, if required, to reduce their significance. The environmental setting included in each sub-chapter provides baseline physical conditions from which the Lead Agency determines the significance of environmental impacts resulting from the proposed Plan. Each sub-chapter also includes a description of the thresholds used to determine if a significant impact would occur; the methodology to identify and evaluate the potential impacts of the proposed Plan; and the potential cumulative impacts associated with the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY PLACEWORKS 2-3  Chapter 5: Alternatives to the Proposed Plan. Considers two alternatives to the proposed Plan, including the CEQA-required “No Project” Alternative and the “Mixed-Use Corridor ” Alternative.  Chapter 6: CEQA-Mandated Assessment. Discusses growth inducement, cumulative impacts, unavoidable significant effects, and significant irreversible changes as a result of the proposed Plan. Additionally, this chapter identifies environmental issues that were determined not to require further environmental review during the scoping process pursuant to CEQA Guidelines Section 15128.  Chapter 7: Organizations and Persons Consulted. Lists the people and organizations that were contacted during the preparation of this EIR for the proposed Plan.  Chapter 8: References. List of the material referenced in this the EIR.  Appendices: The appendices for this the document (presented in PDF format on a CD attached to the back cover of the Draft EIR) contain the following supporting documents:  Appendix A: Notice of Preparation and Scoping Comments  Appendix B: Proposed Public Review Draft of Southwest Fresno Specific Plan  Appendix C: Air Quality and Greenhouse Gas Data  Appendix D: Cultural Resources Data  Appendix E: Hazards and Hazardous Materials Data  Appendix F: Noise Data  Appendix G: Public Services Transportation and Traffic Data  Appendix H: Transportation and Traffic Data 2.1.2 PURPOSE OF THIS THE DRAFT EIR According to Section 15121(a) of the CEQA Guidelines, the purpose of an EIR is to: Inform public agency decision makers and the public generally of the significant environmental effects of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project. The Project that is the subject of this the EIR is the proposed Plan, a long-term plan that will be implemented over time as a policy document guiding future development activities. Therefore, this the EIR serves as a program-level EIR. This The EIR discloses and evaluates the environmental impacts associated with the policies, development standards, and anticipated buildout of the proposed Plan at a program level. This The programmatic EIR is generally qualitative in nature due to a 25-year buildout horizon. This The EIR does not evaluate the impacts of future individual projects that may be proposed under the proposed Plan. However, if the program EIR addresses the program’s effects as specifically and comprehensively as is reasonably possible, and later activities are within scope of the effects examined in the program EIR, then additional environmental review may not be required for those future projects. (See CEQA Guidelines Section 15168[c] and CEQA streamlining provisions.) When a program EIR is relied on for a subsequent activity, the lead agency must incorporate feasible mitigation measures and alternatives developed in the program EIR, and the Fresno General Plan Master EIR (MEIR) when applicable, into the subsequent activities (CEQA Guidelines Section 15168[c][3]). If a subsequent activity SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-4 AUGUST OCTOBER 2017 would have effects that are not within the scope of the program EIR, the lead agency must prepare a new Initial Study leading to a Negative Declaration, a Mitigated Negative Declaration, or an EIR unless the activity qualifies for an exemption. For these subsequent environmental review documents, this the program EIR will serve as the first-tier environmental analysis. The program EIR can also serve to streamline future environmental review of subsequent projects. See Chapter 1, Introduction, Section 1.3, Type of EIR, of this the Draft EIR for a detailed discussion on the environmental review applied in this the EIR. 2.2 SUMMARY OF THE PROPOSED PLAN The City of Fresno proposes the Southwest Fresno Specific Plan for the 3,255-acre area located southwest of the Downtown Planning Area. The proposed Plan envisions the interplay of “Complete Neighborhoods,” “Corridors,” and “Magnet Cores” to create a vibrant and desirable community for both existing and new residents. The proposed Plan sets aside the majority of vacant land for single-family residential uses and locates higher density residential uses at neighborhood nodes, near magnet uses, and along corridors. This will allow walkable access for greater numbers of residents to shopping, schools, parks, and transit. Additionally, the proposed Plan envisions that the most optimal locations for large-scale, regional-serving retail are those that have good proximity, visibility, and access from the greatest number of people, while having enough distance away from other similar types of retail to avoid competition. In the proposed Plan, regional retail is shown in two locations: with access from Highway 180 at Marks and Whites Bridge avenues and from Highway 41 near Jensen Avenue and MLK Jr. Boulevard. These locations would allow new retail businesses to draw customers from areas beyond Southwest Fresno. On the other hand, smaller scale community commercial, including neighborhood retail shops, would be closer to the residential areas at many of the neighborhood nodes, adjacent to magnet uses, and near mixed use. Furthermore, larger scale employment uses such as offices, a college, and medical facilities are concentrated along higher-intensity corridors and within magnet cores, while opportunities for smaller scale offices are allowed along a less intensive corridor. While more jobs in Southwest Fresno are desirable, the types of businesses that provide them must be healthy, safe, and good neighbors to nearby residents. To avoid potential conflicts between residents and employment uses, new employment areas and all previously “Light Industrial,” “Heavy Industrial,” “Business Park,” or “Regional Business Park” areas would be planned and zoned “Office”. Table 3-1 in Chapter 3, Project Description, of the Draft EIR, contains the development capacity of the land uses proposed in the Plan Area over the proposed Plan’s 25-year timeframe compared to the Fresno General Plan, as well as a discussioned of findings from the development capacity analysis. It should be noted that, like the Fresno General Plan, the development capacities are for new development and only take into account the development of parcels that have higher opportunities for development, such as parcels that are vacant, open agriculture, or rural residential (partially vacant). The development capacities for the Fresno General Plan are also shown in the table for comparison against the proposed Plan’s development capacities. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY PLACEWORKS 2-5 2.3 SUMMARY OF THE ALTERNATIVES TO THE PROPOSED PLAN This The Draft EIR analyzes alternatives to the proposed Plan that are designed to reduce the significant environmental impacts of the proposed Plan and feasibly attain some of the proposed Plan objectives. There is no set methodology for comparing the alternatives or determining the environmentally superior alternative under CEQA. Identification of the environmentally superior alternative involves weighing and balancing all of the environmental resource areas by the City. The following alternatives to the proposed Plan were considered and analyzed in detail:  No Project Alternative  Mixed-Use Corridor Alternative Chapter 5 of this the Draft EIR includes a complete discussion of these alternatives and of alternatives that were considered but not carried forward for detailed analysis. 2.4 ISSUES TO BE RESOLVED Section 15123(b)(3) of the CEQA Guidelines requires that an EIR identify issues to be resolved, including the choice among alternatives and whether or how to mitigate significant impacts. With regard to the proposed Plan, the major issues to be resolved include decisions by the City of Fresno, as Lead Agency, related to:  Whether this the Draft EIR adequately describes the environmental impacts of the proposed Plan.  Whether the benefits of the proposed Plan override those environmental impacts that cannot be feasibly avoided or mitigated to a level of insignificance.  Whether the proposed land use changes are compatible with the character of the existing area.  Whether the identified goals, policies, or mitigation measures should be adopted or modified.  Whether there are other mitigation measures that should be applied to the proposed Plan besides those Mitigation Measures identified in the Draft EIR.  Whether there are any alternatives to the proposed Plan that would substantially lessen any of the significant impacts of the proposed Plan and achieve most of the basic objectives. 2.5 AREAS OF CONCERN The City issued a Notice of Preparation (NOP) on February 28, 2017, and held a Scoping Meeting on March 1, 2017, to receive comments on the proposed Plan from interested agencies and members of the public. In addition to the comments received at the Scoping Meeting, the City received 10 comment letters from two State agencies, three local agencies, one Native American Tribe, one non-profit organization, and three members of the public during the public review period. A summary of the comments received at the Scoping Meeting and copies of the letters received are provided in Appendix A, Notice of Preparation and Scoping Comments, of this the Draft EIR. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY 2-6 AUGUST OCTOBER 2017 The following is a discussion of issues that are likely to be of particular concern to agencies and interested members of the public during the environmental review process. While every concern applicable to the CEQA process is addressed in this the Draft EIR, this list is not necessarily exhaustive, but rather attempts to capture those concerns that are likely to generate the greatest interest based on the input received during the NOP scoping process.  Groundwater/soil contamination  Traffic impacts in and around the Plan Area, including parking, transit access, and safe pedestrian and bicycle safety and connections  Affordable housing  Cultural resources  Eminent dDomain 2.6 SIGNIFICANT IMPACTS AND MITIGATION MEASURES Under CEQA, a significant impact on the environment is defined as a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the proposed Plan, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic and aesthetic significance. The proposed Plan has the potential to generate significant environmental impacts in a number of areas; however, as described in Chapter 6, CEQA-Mandated Assessment, of this the Draft EIR, the proposed Plan would have no significant impact on the following environmental topics due to existing conditions in the Plan Area and the surrounding area. These issues have therefore not been analyzed further in this the Draft EIR.  Forestry Resources  Mineral Resources Table 2-1 presents a summary of the significant impacts and mitigation measures identified based on the conclusions of the environmental analysis in Chapters 4.1 through 4.15 of this the Draft EIR. The table is arranged in four columns: 1) impact; 2) significance without mitigation; 3) mitigation measures; and 4) significance with mitigation. For a complete description of potential impacts, please refer to the specific discussions Chapters 4.0 through 4.15. As shown in Table 2-1, some significant impacts would be reduced to a less-than-significant level if the mitigation measures identified in this the Draft EIR are adopted and implemented. However, pursuant to Section 15126.2(b) of the CEQA Guidelines, which requires that an EIR describe any significant impacts that cannot be avoided, even with the implementation of feasible mitigation measures, as shown in Table 2-1, significant unavoidable impacts were identified in the areas of Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Noise, and Transportation and Traffic. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-7 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation AESTHETICS AES-1: Implementation of the proposed Plan would not have a substantial adverse effect on a scenic vista. LTS N/A N/A AES-2: Implementation of the proposed Plan would not substantially degrade the view from a scenic highway, including, but not limited to, trees, rock outcroppings, and historic buildings. LTS N/A N/A AES-3: Implementation of the proposed Plan would not degrade the existing visual character or quality of the site and its surroundings. LTS N/A N/A AES-4: Implementation of the proposed Plan would create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. S MEIR AES-1: Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. MEIR AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low-intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. MEIR AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low-intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. MEIR AES-4: Lighting systems for freestanding signs shall not exceed 100 foot- Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. MEIR AES-5: Materials used on building façades shall be non-reflective. SU AES-5: Implementation of the proposed Plan would result in an increase in glare. S AES-5: Implement Mitigation Measures AES-1 through AES-5 of the MEIR. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-8 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation AGRICULTURE AG-1: Implementation of the proposed Plan would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. SU No mitigation measures available. SU AG-2: Implementation of the proposed Plan would not conflict with existing zoning for agricultural use, or a Williamson Act contract. LTS N/A N/A AG-3: Implementation of the proposed Plan would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to nonagricultural use. LTS N/A N/A AG-4: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in significant and unavoidable cumulative impacts with respect to agriculture resources. SU No mitigation measures available. SU AIR QUALITY AQ-1: Implementation of the proposed Plan would result in the generation of substantial long-term criteria air pollutant emissions that would exceed the SJVAPCD regional significance thresholds and would therefore not be considered consistent with the existing AQMPs. S No mitigation measures available.AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star- certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. SU AQ-2: Construction activities associated with implementation of the proposed Plan would S AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-9 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD) regional significance thresholds for VOC and NOX. occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that:  All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints).  All architectural coatings shall be applied either by (1) using a high-volume, low- pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency.  The construction contractor shall also use precoated/natural colored building materials, where feasible. AQ-3: Operation of development projects accommodated under the proposed Plan would generate emissions that would exceed the SJVAPCD regional significance thresholds for VOC, NOX, CO, PM10, and PM2.5. S No mitigation measures available. AQ-3: Implement Mitigation Measure AQ-1. SU AQ-4: Development of land uses accommodated under the proposed Plan could result in short- and S AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-10 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation long-term emissions that could cause or contribute to a violation of the AAQS. AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII,the property owner/developer shall submit a dust control plan that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions:  Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).  On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant.  Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled utilizing application of water or by presoaking.  Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.  Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.)  Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.  Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.  Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-11 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Limit traffic speeds on unpaved roads to 15 mph.  Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.  Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area.  Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable. AQ-5: Implementation of the proposed Plan would not expose sensitive receptors to substantial toxic air contaminant concentrations. LTS N/A N/A AQ-6: New land uses accommodated under the proposed Plan would not create objectionable odors that could affect a substantial number of people. LTS N/A N/A AQ-7: Construction activities associated with implementation of the proposed Plan would exceed the SJVAPCD regional significance thresholds for VOC and NOX. S AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b of the Draft EIR. SU BIOLOGICAL RESOURCES BIO-1.1: Potential development resulting from the proposed Plan could result in the loss of rare plant species. S MEIR BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation. If a special- status species areis determined to occupy any portion of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance-free buffer zone of a minimum of 50 feet from the outer-edge of the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-12 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. MEIR BIO-1.1b: Direct or incidental take of any State- or federally-listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. MEIR BIO-1.1c: Development within the Plan Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-13 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation BIO-1.2: Implementation of the proposed Plan could result in mortality of Swainson’s hawks. S BIO-1.2: A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground- disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre-construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground- disturbing activities. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-14 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Fish and Wildlife (CDFW) based on the following ratios, if feasible:  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. BIO-1.3: Implementation of the proposed Plan could result in mortality of San Joaquin kit fox. S BIO-1.3: No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent shallould retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction shallould be in substantial compliance with adhere to the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW shallould be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/ preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-15 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation authorization/permit. BIO-1.4: Implementation of the proposed Plan could result in impacts to roosting habitat or maternity colonies of special-status bats. S BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal shalloud be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities shallould be examined for roosting bats using a portable camera probe or similar technology. No more than two weeks before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation, a qualified bat biologist should conduct pre-construction surveys of all Bbuildings with potential for roosting habitat for supporting special-status bats or a maternity colony shallould be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector shallould be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost shallould be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground- disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements shallould be created prior to the roost removal., and the roosting bats shall be passively evicted under the direction of a qualified biologist (as determined by a Memorandum of Understanding with the CDFG). The qualified bat biologist, in consultation with CDFW, shallould facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March to 31 August) periods through the following means: LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-16 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Implementing eviction during a period of warm (nighttime low>50°F), dry 1. weather, when bats are expected to be active. Opening the roosting area to allow airflow through the cavity or building (air 2. flow disturbance). Waiting a minimum of three nights of warm weather, as defined above, for 3. roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. Conducting a follow-up survey prior to roost removal to ensure that bats have 4. vacated the roost. Disturbing roosts at dusk just prior to roost removal the same evening to allow 5. bats to escape during nighttime hours. BIO-1.5: Potential development resulting from the proposed Plan could result in disruption of denning badgers and mortality of badgers. S BIO-1.5. Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist shallould conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance shallould be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following shallould be implemented:  If present, occupied badger dens shallould be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews shallould encircle the occupied den at the appropriate buffer distance, and shallould not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) shallould be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shallould not be LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-17 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shallould occur only under the direction of a qualified biologist. BIO-1.6: Implementation of the proposed Plan could result in mortality of, and loss of habitat for, burrowing owls. S BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground-disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. No more than 15 days before the start of ground-disturbing activities for the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-18 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation project, a qualified biologist(s) knowledgeable of the species will conduct a focused, preconstruction survey for burrowing owls and their sign on the project site and within 250 feet where access allows. In conformance with federal and State regulations regarding the protection of raptors, the survey will be conducted per the Staff Report on Burrowing Owl Mitigation.67 All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Staff Report on Burrowing Owl Mitigation will be implemented. BIO-1.7: Implementation of the proposed Plan could result in impacts to Western pond turtle nests and mortality of pond turtles. S BIO-1.7. Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) shallould conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if look for western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they shallould be moved to the nearest suitable habitat immediately upstream or downstream from the project site. a suitable location outside the area of impact. The candidate sites for relocation shallould be identified before construction and shallould be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests shallould remain undisturbed until the eggs have hatched. , if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated to a suitable location outside the impact area. Egg relocation areas shall be identified based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection. LTS BIO-1.8: Implementation of the proposed Plan could result in take of birds or nests. S MEIR BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-19 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. BIO-2: Implementation of the proposed Plan would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. S MEIR BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200- foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Plan Area, a compensatory habitat-based mitigation shallould be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-20 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation The specific mitigation ratio for habitat based mitigation shallould be determined on an acre-for-acre basis will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. MEIR BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. MEIR BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special- status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. BIO-3: Implementation of the proposed Plan could result in loss of federally protected wetlands or waters. S MEIR BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-21 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation determine the extent of wetlands on a project site. The delineation shallould be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation shallould be implemented in a ratio according to the size of the impacted wetland. MEIR BIO-3b: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. BIO-4: Implementation of the proposed Plan would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. LTS N/A N/A BIO-5: Implementation of the proposed Plan would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. LTS N/A N/A BIO-6: Implementation of the proposed Plan would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. LTS N/A N/A BIO-7: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-22 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation biological resources CULTURAL AND TRIBAL CULTURAL RESOURCES CUL-1: Implementation of the proposed Plan could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. S MEIR CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. LTS CUL-2: Implementation of the proposed Plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. S MEIR CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-23 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long- term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-3: Implementation of the proposed Plan would have the potential to directly or indirectly affect a unique paleontological resource or site, or unique geologic feature. S MEIR CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-24 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation survey or a literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. CUL-4: Implementation of the proposed Plan would have the potential to disturb human remains, including those interred outside of formal cemeteries. S MEIR CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-25 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment. Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately. CUL-5: Implementation of the proposed Plan would have the potential to impact TCRs the disturbance of which could result in a significant impact under CEQA. S CUL-5: Implement Fresno General Plan MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4. LTS CUL-6: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to cultural resources. LTS N/A N/A GEOLOGY AND SOILS GEO-1: Development under the proposed Plan would not subject people or structures to hazards from surface rupture of a known active fault. NI N/A N/A GEO-2: Ground shaking can be expected to occur within the design lifetimes of buildings that would be constructed under the proposed Plan. Such developments would comply with building codes then in effect. Buildout of the proposed Plan would LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-26 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation not subject people or structures to substantial hazards from ground shaking. GEO-3: Buildout of the proposed Plan would subject people and structures to hazards from seismic-related ground failure including liquefaction. LTS N/A N/A GEO-4: The Plan Area and surroundings are nearly level, with a southwest slope of about 0.1 percent grade. Buildout of the proposed Plan would not subject people or structures to landslide hazards. NI N/A N/A GEO-5: Potential construction projects under the proposed Plan would disturb and expose large amounts of soil, thus dramatically increasing the potential for soil erosion on-site. Construction projects 1 acre or larger would be required to use Best Management Practices (BMPs) to minimize erosion from the site. LTS N/A N/A GEO-6: Buildout of the proposed Plan would not subject people or structures to substantial hazards from ground subsidence. LTS N/A N/A GEO-7: Shallow site soils are expected to be compressible and unsuitable for supporting structures for human occupancy. Implementation of the proposed Plan could pose hazards to people and structures arising from compressible soils. LTS N/A N/A GEO-8: Expansive soils may be present on-site, and buildout of the proposed Plan could pose hazards to people or structures arising from expansive soils. LTS N/A N/A GEO-9: Buildout of the proposed Plan would not add land uses to the Plan Area relying on septic tanks or other alternative wastewater disposal systems, and thus would have no impact respecting soils incapable of supporting such LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-27 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation systems. GEO-10: No significant cumulative impacts to geology and soils are anticipated, and impacts of buildout of the proposed Plan would not be cumulatively considerable. LTS N/A N/A GREENHOUSE GAS (GHG) EMISSIONS GHG-1: Implementation of the proposed Plan would result in a substantial increase in GHG emissions. S GHG-1: Implement Mitigation Measure AQ-2b as follows. Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. SU GHG-2: Implementation of the proposed Plan would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases (GHGs). LTS N/A N/A GHG-3: GHG emissions associated with implementation of the proposed Plan would substantially cumulatively contribute to climate change impacts. S GHG-3: Implement Mitigation Measure AQ-2b. SU HAZARDOUS AND HAZARDOUS MATERIALS HAZ-1: Implementation of the proposed Plan would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. LTS N/A N/A HAZ-2: Implementation of the proposed Plan would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-28 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation involving the release of hazardous materials into the environment. HAZ-3: Implementation of the proposed Plan would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school. PS/LTS HAZ-3: Implementation of Mitigation Measures HAZ-4a through HAZ-4h, described later in the section under Impact HAZ-4, would reduce potential impacts to schools. In addition, as stated in the discussions of Impacts HAZ-1 and HAZ-2, compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. LTS HAZ-4: Implementation of the proposed Plan would occur on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a potentially significant hazard to the public or the environment. PS HAZ-4a: Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted. HAZ-4b: In the event that the findings and conclusions of the Phase I ESA for a property result in evidence of RECs, HRECs and/or PECs warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as USTs, drywells, drains, plumbing, and septic LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-29 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation systems. The findings and conclusions of the Phase II ESA shall become the basis for potential recommendations for follow-up investigation, site characterization, and/or remedial activities, if found to be warranted. HAZ-4c: In the event the findings and conclusions of the Phase II ESA reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment. HAZ-4d: If the findings and conclusions of the Phase II ESA(s), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the Cal-EPA Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility. HAZ-4e: Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-30 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and groundwater in connection with remediation and site development activities and the proposed land use. HAZ-4f: For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project design shall include vapor controls or source removal, as appropriate, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment as associated vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ4-4e). HAZ-4g: In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACM) and/or LBP. Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is the responsible agency on the local level to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos-containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos containing materials. HAZ-4h: Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-31 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation hazardous materials to determine if concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements, prior to importing to such a property. HAZ-5: The proposed Plan would be located within 2 miles of a public airport or public use airport, but would not result in a safety hazard for people residing or working in the Plan Area. LTS N/A N/A HAZ-6: For a project within the vicinity of a private airstrip, the proposed Plan would not result in a safety hazard for people residing or working in the Plan Area. NI N/A N/A HAZ-7: The proposed Plan would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. LTS N/A N/A HAZ-8: Implementation of the proposed Plan would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. NI N/A N/A HAZ-9: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to hazards and hazardous materials. LTS N/A N/A HYDROLOGY AND WATER QUALITY HYD-1: Buildout of the proposed Plan would not violate any water quality standards or discharge requirements. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-32 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation HYD-2.1: Buildout of the proposed Plan would increase water demands in the City, thus increasing demands for groundwater. LTS N/A N/A HYD-2.2: Implementation of the proposed Plan would not substantially interfere with groundwater recharge. LTS N/A N/A HYD-3: Implementation of the proposed Plan would not substantially change the drainage pattern on and surrounding the Plan Area, and would not cause substantial erosion or siltation on- or off-site. LTS N/A N/A HYD-4: Implementation of the proposed Plan would not substantially change the drainage pattern on and surrounding the Plan Area and would not cause flooding on- or off-site. LTS N/A N/A HYD-5: Buildout of the proposed Plan would not generate runoff exceeding the capacity of existing or planned storm drainage systems, or generate a substantial increase in polluted runoff LTS N/A N/A HYD-6: Buildout of the proposed Plan would not substantially degrade water quality. LTS N/A N/A HYD-7: Buildout of the proposed Plan would not place housing in a 100-year flood hazard area. LTS N/A N/A HYD-8: Buildout of the proposed Plan would not place structures which would redirect flood flows within a 100-year flood zone. LTS N/A N/A HYD-9: The Plan Area is not in dam inundation areas or mapped as protected from 100-year floods by levees. Buildout of the proposed Plan would not expose people or structures to flood hazard due to dam inundation. LTS N/A N/A HYD-10: The Plan Area is not susceptible to flooding due to seiche, tsunami, or mudflow. Buildout of the proposed Plan would not subject LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-33 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation people or structures to such flood hazards. HYD-11: Buildout of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not cause significant cumulative impacts to hydrology and water quality. LTS N/A N/A LAND USE AND PLANNING LU-1: Implementation of the proposed Plan would not physically divide an established community. LTS N/A N/A LU-2: Implementation of the proposed Plan would not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. LTS N/A N/A LU-3: Implementation of the proposed Plan would not conflict with any applicable habitat conservation plan or natural community conservation plan. LTS N/A N/A LU-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to land use and planning. LTS N/A N/A NOISE NOISE-1: Development in accordance with the proposed Plan would cause increases in traffic along local roadways of more than 3 dBA over existing conditions. Traffic Noise: SU/ Stationary-Source Noise: LTS Traffic Noise: No mitigation measures available. Stationary-Source Noise: N/A Traffic Noise: SU/ Stationary-Source Noise: LTS NOISE-2: Construction activities could result in vibration-induced architectural damage at nearby PS NOISE-2a: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-34 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation structures or hardscape features, or could result in vibration-induced annoyance at nearby sensitive receptors. activities—such as pile drivers, jack hammers, and vibratory rollers—within 50 feet of off-site structures, shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration damage impacts. The vibration assessment shall be prepared by a qualified acoustical engineer and be based on the Federal Transit Administration (FTA) vibration-induced architectural damage criterion. If the acoustical study determines a potential exceedance of the FTA thresholds, measures shall be identified that ensure vibration levels are reduced to below the thresholds. Measures to reduce vibration levels can include use of less-vibration-intensive equipment (e.g., drilled piles and static rollers) and/or construction techniques (e.g., non-explosive rock blasting and use of hand tools) and preparation of a pre-construction survey report to assess the condition of the affected sensitive structure. Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-2b: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 100 feet of sensitive receptors (e.g., residences and schools) shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration annoyance impacts. The study shall be prepared by a qualified acoustical engineer and shall identify measures to reduce impacts to habitable structures to below the Federal Transit Administration (FTA) vibration-induced annoyance criterion. If construction-related vibration is determined in the acoustical study to be perceptible at vibration-sensitive uses, additional requirements, such as use of less-vibration-intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles, static rollers, and non- explosive rock blasting). Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-3: Implementation of the proposed Plan would cause a substantial permanent increase in ambient noise levels in the vicinity of the Plan Area above levels existing without the proposed Plan. S N/A SU NOISE-4: Construction activities would result in temporary noise increases in the vicinity of the Plan Area. PS NOISE-4a: As required by the City of Fresno Municipal Code, construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and shall require a permit issued by the City. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-35 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation NOISE-4b: Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise- sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project- level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Community Development Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise- sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Community Development Director. Specific measures may include, but are not limited to, the following best management practices:  Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged.  Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures.  Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day.  Reduce non-essential idling of construction equipment to no more than five minutes.  Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise.  Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions.  If construction equipment is equipped with back-up alarm shut offs, switch off back-up alarms and replace with human spotters, as feasible. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-36 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise- sensitive land uses, as feasible.  To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps.  Shut off generators when generators are not needed.  Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time.  Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise.  Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. The final noise-reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise- reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings. NOISE-5: Implementation of the proposed Plan would not cause exposure of people residing or working in the vicinity of the study area to excessive aircraft noise levels, for a project located 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. LTS N/A N/A NOISE-6: Implementation of the proposed Plan would not cause exposure of people residing or working in the Plan Area to excessive noise levels, for a project within the vicinity of a private airstrip. LTS N/A N/A NOISE-7: Implementation of the proposed Plan, in combination with past, present, and reasonably Traffic Noise: SU Traffic Noise and Construction Noise: No mitigation measures available. Traffic Noise and Construction SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-37 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation foreseeable projects, would result in significant cumulative impacts with respect to noise. Stationary-Source Noise and Construction Vibration: LTS/ Construction Noise: PS Stationary-Source Noise and Construction Vibration: N/A Noise: SU/ Stationary-Source Noise and Construction Vibration: LTS POPULATION AND HOUSING POP-1: Implementation of the proposed Plan would not 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). LTS N/A N/A POP-2: Implementation of the proposed Plan would not displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. LTS N/A N/A POP-3: Implementation of the proposed Plan would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. LTS N/A N/A POP-4: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in less than significant cumulative impacts with respect to population and housing. LTS N/A N/A PUBLIC SERVICES AND RECREATION PS-1: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-38 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation to maintain acceptable service ratios, response times or other performance objectives for fire protection, the construction of which could cause significant environmental impacts. PS-2: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to fire protection service. LTS N/A N/A PS-3: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for police protection, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to police protection services. LTS N/A N/A PS-5: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times, or other performance objectives for schools, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-6: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would not result in significant cumulative impacts with respect to schools. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-39 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation PS-7: Implementation of the proposed Plan would result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for parks, the construction of which could cause significant environmental impacts. S PS-7: As new development occurs in the Plan Area, the City shall periodically (every 5 years) monitor residential population growth compared to development of new parklands for the purpose of evaluating the strength of this Plan to meet the ratio of 3 acres of parkland per 1,000 population. If the ratio is not met, the City shall explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. LTS PS-8: Implementation of the proposed Plan would contribute to cumulative parks and recreation impacts in the area. LTS PS-8: Implement Mitigation Measure PS-7. LTS PS-9: Implementation of the proposed Plan would not 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. LTS N/A N/A PS-10: Implementation of the proposed Plan would not result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for libraries, the construction of which could cause significant environmental impacts. LTS N/A N/A PS-11: Implementation of the proposed Plan would not contribute to cumulative library impacts in the area. LTS N/A N/A TRANSPORTATION AND TRAFFIC TRANS-1: The proposed Plan would not 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 LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-40 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation mass transit, non-motorized 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. TRANS-2: The proposed Plan would not conflict with an applicable congestion management program, including, but not limited to, level of service standards, travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. LTS N/A N/A TRANS-3: The proposed Plan would not 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. LTS N/A N/A TRANS-4: The proposed Plan would not increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). LTS N/A N/A TRANS-5: The proposed Plan would not result in inadequate emergency access. LTS N/A N/A TRANS-6: The proposed Plan would not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. LTS N/A N/A TRANS-7.1: The addition of proposed Plan traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable roadway operations on City of Fresno study roadway segments under cumulative conditions. S TRANS-7.1: Provide transportation improvements consistent with General Plan Policy MT-1-j in the Plan Area that would encourage non-vehicular transportation and reduce auto traffic levels. These improvements shall be consistent with the goals and policies in the proposed Plan, which require the implementation of complete streets, bikeways, trails, sidewalks, and enhanced transit service to support transit use, biking, and walking as viable modes of travel. By supporting and encouraging these non-auto modes in lieu of auto travel, future traffic levels LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-41 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation would be reduced. The City of Fresno shall also apply General Plan Policy MT-1-o, which allows LOS E or F conditions outside of identified multimodal districts if provisions are made to sufficiently improve the overall transportation system and promote non-vehicular transportation. With the application of General Plan policy MT-1-o, the LOS F conditions on Church Avenue and LOS E conditions on North Avenue would be considered acceptable. TRANS-7.2: The addition of project traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable intersection operations at Caltrans study intersections. S TRANS-7.2: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. The City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-99/Jensen Avenue interchange and SR-41/North Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals:  SR-99 Southbound Off-Ramp/Jensen Avenue intersection: - Widen the SR-99 southbound off-ramp to add an additional left-turn pocket. - Restripe the existing shared through-left turn lane on the SR-99 southbound off-ramp as a dedicated through lane. - The resulting lane configuration on the southbound off-ramp is: two left-turn lanes, one through lane, and one right-turn lane. - Add an overlap phase for the northbound right-turn movement. - Prohibit westbound U-turn movement to allow the northbound right-turn overlap. - Widen the eastbound approach to stripe a third through lane; add a third receiving lane on the east leg that traps into the SR-99 southbound on-ramp.  SR-99 Northbound Off-Ramp/Jensen Avenue intersection: - Change the lane configurations on the northbound off-ramp to a dedicated left-turn pocket and shared through-right turn lane. - Add an overlap phase for the southbound right-turn movement. - Prohibit eastbound U-turn movement to allow the southbound right-turn overlap. - Widen the westbound approach to stripe a third through lane; add a third receiving lane on the west leg that traps into the SR-99 northbound on-ramp. SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-42 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation - Change the phasing for the northbound and southbound approaches to protected left-turn movements and separate.  SR-41 Southbound Off-Ramp/North Avenue intersection: - Widen the SR-41 southbound off-ramp to add a left-turn pocket. - Change the lane configurations on the southbound off-ramp to convert the existing shared through-left turn lane to a shared right turn-through-left turn lane. - Extend the right-turn pocket on the off-ramp to accommodate right-turn queue length shown in Table 4.14-16. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared right turn-through-left turn lane, and one right-turn lane. - Widen the eastbound approach to add a third through lane that traps into the eastbound left-turn onto the SR-41 northbound on-ramp. In addition to addressing intersection operations, the changes identified above also address freeway off-ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix H for calculations). While these changes would improve traffic operations to an acceptable LOS, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. In addition to the three intersections at the SR-99/Jensen Avenue and SR-41/North Avenue interchanges that operate at LOS E or LOS F under cumulative conditions, the following improvements would address unacceptable LOS E operations at the SR-99/Fresno Street interchange:  SR-99 Southbound Ramps/Fresno Street intersection: - Widen the SR-99 southbound frontage road to add an additional right-turn pocket. - Restripe the existing through lane as a shared through-left turn lane on the SR-99 southbound off-ramp. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-43 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared through left-turn lane, and two right-turn lanes.  SR-99 Northbound Ramps/Fresno Street intersection: - Add a through lane to the westbound approach on Fresno Street that traps into the left-turn onto the SR-99 southbound on-ramp. - Adding the third through lane on Fresno Street would require removing the existing raised median and prohibiting eastbound left-turns at the Fresno Street/E Street intersection. With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-17 below (refer to Appendix H for calculations). While the intersection and ramp changes at the SR-99/Fresno Street interchange would improve intersection LOS, physical constraints on the SR-99 southbound frontage road would make the proposed widening of the southbound approach infeasible. TRANS-7.3: The addition of proposed Plan traffic to the roadway network in combination with traffic generated by reasonably foreseeable projects results in freeway off-ramp queues that extend back onto the freeway mainline. S TRANS-7.3: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. In addition to the recommended improvements listed in Mitigation Measure TRANS-7.2, the City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-41/Jensen Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals:  SR-41 Southbound Off-Ramp/Jensen Avenue intersection: - Change the existing shared left-right turn lane on the SR-41 southbound off- ramp as a dedicated right-turn lane SR-99 southbound off-ramp - The resulting lane configuration on the southbound off-ramp is: one left-turn lane and two right-turn lanes - Add a southbound right-turn phase to run concurrently with the eastbound through phase by taking green time from the westbound through phase The implementation of the changes to the SR-41 southbound off-ramp at Jensen Avenue listed above would reduce queuing on the SR-41 southbound off-ramp. These changes in combination with the improvements to the SR-99/Jensen SU SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-44 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Avenue, SR-41/North Avenue, and SR-99/Fresno Street interchange listed in Mitigation Measure TRANS-7.2, would reduce freeway off-ramp queuing under cumulative conditions. Table 4.14-18 in Chapter 4.14 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix H for calculations). While these changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off- ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. UTILITIES AND SERVICE SYSTEMS UTIL-1: Implementation of the proposed Plan would exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. S MEIR USS-1: The City shall develop and implement a wastewater master plan update. MEIR USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. MEIR USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 24 MGD Wastewater Treatment Facility within the LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-45 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. UTIL-2: Implementation of the proposed Plan would require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. S MEIR USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented subject to approval by the City prior to construction. The plan shall identify hours of construction and for deliveries, include haul routes, identify access and parking restrictions, plan for notifications, identify pavement markings and signage, and plan for coordination with emergency service providers and schools. MEIR USS-5: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update Phase 2 Report, January 2012 (2012 Metro Plan Update).  Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9- 1 of the 2012 Metro Plan Update. MEIR USS-6: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be LTS SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-46 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation provided.  Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27-inches to 42- inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP.  Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33- inches to 60-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1- REP and CM2-REP.  North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48-inches to 66- inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1.  Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24-inches to 36-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. MEIR USS-7: Prior to exceeding capacity within the existing 28 pipeline segment shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. MEIR USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-47 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation improvements shall be provided by approximately 2025.  Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. MEIR USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update.  Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-48 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation  Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. UTIL-3: Implementation of the proposed Plan would result in a determination by the wastewater treatment provider which serves or may serve the proposed Plan that it has adequate capacity to serve the proposed Plan’s projected demand in addition to the provider’s baseline commitments. S UTIL-3: Implement MEIR Mitigation Measures USS-1 through USS-3. LTS UTIL-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in a significant cumulative impacts with respect to wastewater. S UTIL-4: Implement MEIR Mitigation Measures USS-1 through USS-9. LTS UTIL-5: Implementation of the proposed Plan would not require or result in the construction of new water or wastewater treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-6: Implementation of the proposed Plan would not have sufficient water supplies available to serve the proposed Plan from baseline entitlements and resources, or are new or expanded entitlements needed. LTS N/A N/A UTIL-7: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would/would not result in significant cumulative impacts with respect to water supply. LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact PLACEWORKS 2-49 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation UTIL-8: Implementation of the proposed Plan would not require or result in the construction of new reclaimed water treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-9: Implementation of the proposed Plan would have sufficient reclaimed water supplies available to serve the proposed Plan from baseline entitlements and resources, or are new or expanded entitlements needed. LTS N/A N/A UTIL-10: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would/would not result in a significant cumulative impacts with respect to reclaimed water supply. LTS N/A N/A UTIL-11: Implementation of the proposed Plan would not exceed NPDES stormwater discharge requirements or applicable standards of the California Regional Water Quality Control Board. LTS N/A N/A UTIL-12: Implementation of the proposed Plan would not require or result in the construction of new stormwater treatment facilities or expansion of baseline facilities, the construction of which could cause significant environmental effects. LTS N/A N/A UTIL-13: Implementation of the proposed Plan would result in a determination by the stormwater treatment provider which serves or may serve the Plan Area that it has adequate capacity to serve the proposed Plan’s projected demand in addition to the provider’s baseline commitments. LTS N/A N/A UTIL-14: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would not result in a LTS N/A N/A SOUTHWEST FRESNO SPECIFIC PLAN DRAFT FINAL EIR CITY OF FRESNO EXECUTIVE SUMMARY NI = No Impact LTS = Less Than Significant S = Significant SU = Significant Unavoidable Impact 2-50 AUGUST OCTOBER 2017 TABLE 2-1 SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Without Mitigation Mitigation Measures Significance With Mitigation significant cumulative impacts with respect to stormwater. UTIL-15: Implementation of the proposed Plan would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. S MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. LTS UTIL-16: Implementation of the proposed Plan would comply with federal, State, and local statutes and regulations related to solid waste. LTS N/A N/A UTIL-17: Implementation of the proposed Plan in combination with past, present, and reasonably foreseeable projects would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. S MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. LTS UTIL-18: Implementation of the proposed Plan would not result in a substantial increase in natural gas and electrical service demands, would use appropriate energy conservation and efficiency measures, and would not require new energy supply facilities and distribution infrastructure or capacity enhancing alterations to baseline facilities. LTS N/A N/A UTIL-19: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in less than significant cumulative impacts with respect to energy conservation. LTS N/A N/A PLACEWORKS 3-1 Revisions to the Draft PEIR 3. This chapter presents changes to the Draft Program Environmental Impact Report (PEIR) that resulted from preparation of responses to comments on the Draft PEIR, or staff-directed changes, including typographical corrections and clarifications. In each case, the Draft PEIR page and location on the page are presented, followed by the textual, tabular, or graphical revision. Text with double underline represents language that has been added to the Draft PEIR; text with strikethrough represents text that has been deleted from the Draft PEIR. None of the revisions constitute significant new information added to the analysis contained in the Draft PEIR to the extent of requiring recirculation. As such, the Draft PEIR does not need to be recirculated for public review. 3.1 REVISIONS TO CHAPTER 2, EXECUTIVE SUMMARY The fourth bulleted paragraph on page 2-3 of the Draft PEIR is hereby amended as follows:  Appendices: The appendices for this document (presented in PDF format on a CD attached to the back cover of the Draft PEIR) contain the following supporting documents:  Appendix A: Notice of Preparation and Scoping Comments  Appendix B: Proposed Public Review Draft of Southwest Fresno Specific Plan  Appendix C: Air Quality and Greenhouse Gas Data  Appendix D: Cultural Resources Data  Appendix E: Hazards and Hazardous Materials Data  Appendix F: Noise Data  Appendix G: Public Services Transportation and Traffic Data  Appendix H: Transportation and Traffic Data The first bulleted list on page 2-6 of the Draft PEIR is hereby amended as follows:  Groundwater/soil contamination  Traffic impacts in and around the Plan Area, including parking, transit access, and safe pedestrian and bicycle safety and connections  Affordable housing  Cultural resources  Eminent Domain SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-2 OCTOBER 2017  Park acreage to serve the existing and new residents of the Plan Area  School capacity planning to serve the existing and new residents of the Plan Area 3.2 REVISIONS TO CHAPTER 3, PROJECT DESCRIPTION The first full paragraph on page 3-10 of the Draft PEIR is hereby amended as follows: Employment. The amount of employment space in the Plan Area (i.e., office, business park, regional business park, light industrial, and heavy industrial uses) in the proposed Plan is significantly less than in the General Plan; the proposed Plan shows approximately 1 million square feet less in employment uses in the Plan Area. The reason for this decrease is because of the removal of industrial land use designations and change of business park and regional business park uses to other land uses such as residential, park, mixed use, and commercial. 3.3 REVISIONS TO CHAPTER 4.3, AIR QUALITY The third paragraph on page 4.3-30 of the Draft PEIR is hereby amended as follows: As discussed above, while the proposed Plan would result in a substantial increase in long-term criteria pollutant emissions compared to existing conditions, it would support a more sustainable development pattern for the Plan Aarea. As the improvements, objectives, and policies under the proposed Plan would support a more sustainable development pattern in accommodating future growth for the Plan Aarea, they would contribute in minimizing long-term emissions of criteria air pollutants. Various policies of the proposed Plan would promote complete streets, mixed-use and transit oriented neighborhoods, low– emission vehicle transportation options, and increased capacity for alternative transportation modes, which would help reduce air pollutant emissions. For example, policies include: The fourth bullet on page 4.3-31 of the Draft PEIR is hereby amended as follows: Policy LU-11.1 Encourage compliance with voluntary residential and non-residential California Green Building Code (CALGreen) standards through CALGreen incentive programs. The sixth bullet on page 4.3-31 of the Draft PEIR is hereby amended as follows: Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code’s Section 15-2429 on Bicycle Parking, such asincluding racks and lockers, at key locations along the bicycle network, such asincluding transit stops, in front ofcommercial businesses,retail and services, for employment offices, parks, and schools. Promote and incentivize the provision of secure bicycle parking for new multi-family residential and mixed-use residential development projects. The ninth through eleventh bullets on page 4.3-31 of the Draft PEIR are hereby amended as follows: Policy T-9.1 Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-3 technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement. Policy T-9.2 Promote, incentivize, and pursue funding for electrical vehicle (EV) charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects. Policy T-9.3 Promote and incentivize the provision of preferential parking for low-emitting, fuel- efficient, and carpool/van vehicles for new non-residential development projects. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in the Southwest Fresno Specific Plan. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. The second paragraph on page 4.3-32 of the Draft PEIR is hereby amended as follows: Mitigation Measure AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star-certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. The third paragraph on page 4.3-32 of the Draft PEIR is hereby amended as follows: Significance Without Mitigation: Significant and unavoidable. No further measures to reduce operation- phase criteria air pollutant emissions are available beyond Mitigation Measure AQ-1, the applicable SJVAPCD rules and regulations in addition to proposed Plan policies and design guidelines. The various goals and policies of the proposed Plan, such as those outlined above, would contribute to reducing long- term criteria air pollutant emissions to the extent feasible. However, due to the magnitude and intensity of development accommodated by the proposed Plan, Impact AQ-1 would remain significant and avoidable. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-4 OCTOBER 2017 The second paragraph on page 4.3-36 of the Draft PEIR is hereby amended as follows: Mitigation Measure AQ-3: Implement Mitigation Measure AQ-1. The third paragraph on page 4.3-36 of the Draft PEIR is hereby amended as follows: Significance Without Mitigation: Significant and unavoidable. No further measures to reduce operation- phase criteria air pollutant emissions are available beyond Mitigation Measure AQ-3, the applicable SJVAPCD rules and regulations in addition to proposed Plan policies and design guidelines. Application of State and SJVAPCD rules and regulations, such as Rules 9510 and 9410, implementation of the proposed Plan’s roadway, bicycle, and trail improvements;, policies (e.g., Policies LU-1.1, LU-4.4, T-101.1, and T- 112.3);, and complete streets design guidelines;, and implementation of applicable General Plan policies (e.g., Policies RC-4-e, RC-4-k, MT-2-b, and MT-4-b) would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. As stated, the aforementioned Mitigation Measure AQ-3, improvements, design guidelines, and policies could contribute in reducing operation-phase regional air quality impacts of future individual projects to a less than significant level. However, despite adherence to Mitigation Measure AQ-3, implementation of the policies and design guidelines, Impact AQ-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the proposed Plan. The first full paragraph on page 4.3-38 of the Draft PEIR is hereby amended as follows: Significance With Mitigation: Significant and unavoidable. Application of State and SJVAPCD rules and regulations;, implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-101.1, and T- 112.3) and complete streets design guidelines, in addition to applicable General Plan policies and objectives (e.g., Policies UF-12-a and UF-14-a and Objective RC-4);, and incorporation of Mitigation Measures AQ-4a and AQ AQ-4b, would reduce construction and operation-related criteria air pollutants to the extent feasible. However, despite implementation of the proposed plans, policies, and design guidelines, and adherence to these mitigation measures, Impact AQ-4 would remain significant and unavoidable due to the magnitude of land use development associated with the proposed Plan. 3.4 REVISIONS TO CHAPTER 4.4, BIOLOGICAL RESOURCES Mitigation Measure BIO-1.1a on page 4.4-24 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species must be determined prior to construction, to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation. If a special-status species areis determined to occupy any portion SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-5 of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance-free buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. avoidance and minimization measures shall be incorporated into the construction phase of a project to avoid direct or incidental take of a listed species to the greatest extent feasible. 66 Department of Fish and Game, 2009, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities, November, State of California. Mitigation Measure BIO-1.2 on page 4.4-25 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.2: Conduct a Preconstruction Survey for Swainson’s Hawk Nests and Implement Avoidance Measures. A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (February 1 through September 15) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre- construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground-disturbing activities. If trees suitable for Swainson’s hawk nesting are to be removed during the Swainson’s hawk nesting season (March through August), a qualified biologist knowledgeable of the species will conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, as described in the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). This methodology divides the nesting season into five survey periods: January 1 to March 20, March 20 to April 5, April 5 to May 20, May 21 to June 10, and June 10 to July 30. The first survey period occurs before most Swainson’s hawks return to California, so this survey is optional. The site should be surveyed at a minimum of 3 times in each of the two periods that precede project initiation. If an active Swainson’s hawk nest is detected on the project site, a minimum disturbance-free buffer zone of 0.5-mile should be delineated and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the 0.5-mile disturbance-free buffer zone is not feasible, CDFW will be consulted and acquisition of an Incidental Take Permit (ITP) for Swainson’s hawk may be necessary prior to project initiation to comply with CESA. site-specific avoidance or mitigation measures will be implemented consistent with CDFW recommendations (Swainson’s Hawk Technical Advisory Committee 2000). If nesting trees are identified on the project site, removal of nesting trees for Swainson’s hawk should be avoided. If avoidance is infeasible, nesting trees should be replaced with an appropriate native tree species, planted at a ratio of 3:1, in an area that will be protected in perpetuity. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-6 OCTOBER 2017 To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of Fish and Wildlife (CDFW) based on the following ratios, if feasible:  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land, and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. Mitigation Measure BIO-1.3 on page 4.4-26 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO -1.3: Implement Standard Measures for Protection of San Joaquin Kit Fox. No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent shallould retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction shallould be in substantial compliance with adhere to the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW shallould be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit. Mitigation Measure BIO-1.4 on page 4.4-27 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal shalloud be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities shallould be examined for roosting bats using a portable camera probe or similar technology. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-7 No more than two weeks before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation, a qualified bat biologist should conduct pre- construction surveys of all Bbuildings with potential for roosting habitat for supporting special-status bats or a maternity colony shallould be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector shallould be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost shallould be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground-disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements shallould be created prior to the roost removal., and the roosting bats shall be passively evicted under the direction of a qualified biologist (as determined by a Memorandum of Understanding with the CDFG). The qualified bat biologist, in consultation with CDFW, shallould facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March 15 to 31 August 31) periods through the following means: 1. Implementing eviction during a period of warm (nighttime low >50°F), dry weather, when bats are expected to be active. 2. Opening the roosting area to allow airflow through the cavity or building (air flow disturbance). 3. Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. 4. Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost. 5. Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours. Mitigation Measure BIO-1.5 on page 4.4-28 and 4.4-29 of the Draft PEIR is hereby amended as follows: Mitigation Measure 1.5. Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist shallould conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance shallould be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-8 OCTOBER 2017 potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following shallould be implemented:  If present, occupied badger dens shallould be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews shallould encircle the occupied den at the appropriate buffer distance, and shallould not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) shallould be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and shallould not be removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented badgers shall be relocated by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shallould occur only under the direction of a qualified biologist. Mitigation Measure BIO-1.6 on page 4.4-29 and 4.4-30 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground-disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. No more than 15 days before the start of ground-disturbing activities for the project, a qualified biologist(s) knowledgeable of the species will conduct a focused, preconstruction survey for burrowing SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-9 owls and their sign on the project site and within 250 feet where access allows. In conformance with federal and State regulations regarding the protection of raptors, the survey will be conducted per the Staff Report on Burrowing Owl Mitigation.67 All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Staff Report on Burrowing Owl Mitigation will be implemented. Mitigation Measure BIO-1.7 on page 4.4-30 of the Draft PEIR is hereby amended as follows: Mitigation Measure BIO-1.7. Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) shallould conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if look for western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they shallould be moved to the nearest suitable habitat immediately upstream or downstream from the project site. a suitable location outside the area of impact. The candidate sites for relocation shallould be identified before construction and shallould be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests shallould remain undisturbed until the eggs have hatched. , if feasible. If avoidance of a nest is infeasible (e.g., if avoidance would result in an unacceptable delay in the project’s schedule), or if the eggs are discovered only after the nest has been affected, any viable eggs shall be relocated to a suitable location outside the impact area. Egg relocation areas shall be identified based on pond turtle nesting biology. Any viable eggs shall be deposited in a hole and buried for thermal protection. Mitigation Measure BIO-1.8 on page 4.4-31 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre- construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 fe et of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-10 OCTOBER 2017 If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non- listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. Mitigation Measure BIO-2.1a on page 4.4-32 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200- foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance- free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a proposed project will result in the removal or impact to any riparian habitat and/or a special-status natural community with potential to occur in the Plan Area, a compensatory habitat-based mitigation shallould be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat- based mitigation shallould be determined on an acre-for-acre basis will be determined through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. Mitigation Measure BIO-2.1b on page 4.4-32 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code §1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. consultation, determination of mitigation strategy, and regulatory permitting to reduce impacts, as required for projects that remove riparian habitat and/or alter a streambed or waterway, shall be implemented. Mitigation Measure BIO-3a on page 4.4-33 of the Draft PEIR is hereby amended as follows: MEIR Mitigation Measure BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-11 the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation shallould be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and USACE approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation shallould be implemented in a ratio according to the size of the impacted wetland. 3.5 REVISIONS TO CHAPTER 4.7, GREENHOUSE GAS (GHG) EMISSIONS The third paragraph on page 4.7-10 of the Draft PEIR is hereby amended as follows: Assembly Bill (AB) 2722 AB 2722 established the Transformative Climate Communities (TCC) Program to fund neighborhood-level TCC plans. The TCC Program is a California Climate Investment (CCI) program administered by the Strategic Growth Council (SGC), and implemented by the Department of Conservation (DOC) and other partnering State agencies. The Program supports projects that reduce GHG emissions through the development and implementation of neighborhood-level TCC plans that reduce GHG emissions while providing local economic, environmental, and health benefits to disadvantaged communities. The City of Fresno is pursuing grant funding for the following local projects:  Chinatown Lofts  Chinatown Mixed-Use Project at High-speed Rail (HSR) West Entrance  H Street Development  The Park at South Fulton  Hotel Fresno  North Fulton Street Mixed-Use Project  Van Ness Family Apartments  California HSR Mixed-Use Development  West Fresno Magnet Core Workforce Housing  Kings View Manor Acquisition/Rehabilitation  Chinatown Property-based Improvement District (PBID)  Economic Opportunities Commission (EOC) Partnership for Energy Savings and GHG Reductions in Southwest (SW) Fresno  GRID Alternatives Solar Renewable Energy Project  Weatherize 100 Homes and Install Solar Panels on 35 Homes in SW Fresno  SW Fresno Green Trails and Cycle Paths Initiative SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-12 OCTOBER 2017  Chinatown Active Transportation Project  HSR Station Area Complete Streets Connectivity Project  H Complete Street  Clean Shared Mobility Network  Tulare Complete Streets  Clean Energy Park & Play – Solar-Powered Charging Station & Van Pool  Annadale Mode Shift Project  TCC Connector Project  MLK Activity Center Street Improvements  Chinatown Park  Santa Clara Permaculture Community Garden  Chinatown Urban Greening Project  Mariposa Plaza  Clean Energy Park & Play – Urban Greening & Playground  Changing Lives with Trees in SW Fresno  Yosemite Village Permaculture Community Garden and Urban Farm Incubator  MLK Activity Center Park  Another Level Training Academy Community Garden  Food Commons Hub  Fresno City College – West Fresno Satellite  West Fresno Advanced Transportation Technology Training Program The second paragraph on page 4.7-28 of the Draft PEIR is hereby amended as follows: As shown in Table 4.7-8, the net increase in GHG emissions of 332,705 MTCO2e annually from operational activities of development projects accommodated by the proposed Plan would exceed the bright-line screening threshold of 900 MTCO2e for all land use types. The planned improvements, design guidelines, objectives, and policies under the proposed Plan would generally support a sustainable development pattern for the Plan Aarea by creating more complete neighborhoods and improving transit options. For example, the proposed Plan includes plans for improving active transit infrastructure and amenities, such as the inclusion of Class II bike lanes that follows the arterial and collector streets and Class I bike paths along Mmarks, Jensen, and North Avenues and implementation of cComplete sStreets dDesign gGuidelines for various corridors throughout the Plan Area that would contribute to reducing vehicle trips and VMT. However, the increase in overall land use intensity and associated population and employment growth within the Plan Area are the primary factors for the increase in GHG emissions. While the proposed Plan would result in a substantial increase in GHG emissions, it would support a more sustainable development pattern for the Plan Area. As the improvements, objectives, and policies under the proposed Plan would support a more sustainable development pattern in accommodating future growth for the Plan Area, they would contribute in minimizing long-term emissions of GHG. Various policies of the proposed Plan would promote complete streets, mixed-use, and transit oriented neighborhoods, and increased capacity for alternative transportation modes, which would help reduce GHG emissions. For example, policies include: SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-13 Policy LU-2.5 Attract and encourage higher-density mixed use development along California Avenue, connecting to Downtown Fresno, Fresno Area Express (FAX), and High-Speed Rail (HSR) with a future bus rapid transit (BRT) line, to support a Mixed-Use Corridor. Policy LU-3.1 Encourage the development of centers, or nodes, within walking and biking distance of residents and surrounded by residences. Nodes should consist of a park, a school, and quality neighborhood retail and services. Policy LU-8.4 In collaboration with appropriate local, State, and/or federal agency, regularly enforce and evaluate performance and performance standards on the operation of existing industrial activity related to air quality, odor, noise, and vibration in order to maintain compatibility with adjacent neighborhoods and uses. Policy LU-9.1 Create active street frontages by providing wide sidewalks with pedestrian-scaled streetscape amenities and orienting building entrances toward the street. Policy LU 10.1 Provide a walkable environment within neighborhoods by slowing down traffic, providing wide sidewalks with drought-tolerant vegetation and street trees, and creating an interconnected pedestrian network. Policy LU-10.2 Encourage buildings within neighborhoods to be compatible in scale with surrounding residential development. Policy T-1.1 Implement the pedestrian recommendations from the City of Fresno Active Transportation Plan, focusing on the high priority areas first. Policy T-4.4 Ensure that all roadway widening projects in Southwest Fresno include Class II or Class IV bicycle facilities. Policy T-4.5 Provide secure, high-quality bicycle parking per the Citywide Development Code Section 15-2429 on Bicycle Parking, including racks and lockers, at key locations along the bicycle network, such as transit stops, commercial businesses, offices, parks, and schools. Promote and incentivize the provision of secure bicycle parking for new multi-family residential and mixed-use residential development projects. Policy T-6.1 Improve the reliability, quality, and efficiency of transit service within Southwest Fresno and to regional destinations. Policy T-8.1 Consider and prioritize the comfort of pedestrians, bicyclists, and transit riders when planning vehicular improvements on roadways through implementation of complete streets improvements. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-14 OCTOBER 2017 Policy T-11.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in the Southwest Fresno Specific Plan. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. Policy T-12.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. Policy T-12.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. The above policies would promote active transportation and support the reduction in average vehicle trip distances, which would contribute in reducing overall vehicle trips and VMT. In addition, although applicable future individual development projects would be processed under their own separate CEQA evaluation and may be consistent with the City’s GHG Reduction Plan development checklist resulting in a less than significant GHG emissions impact, cumulatively, development of projects accommodated by the proposed Plan would generate substantial GHG emissions. Therefore, the proposed Plan’s cumulative contribution to the long-term GHG emissions in the State would be considered significant. 3.6 REVISIONS TO CHAPTER 4.9, HYDROLOGY AND WATER QUALITY Figure 4.9-1 of the Draft PEIR is hereby revised to reflect the most recently updated Urban Flood Control System Area map published December 9, 2016. Please see the revised Figure 4.9-1 on page 3-15. Figure 4.9-2 of the Draft PEIR is hereby revised to reflect the most recently updated Urban Flood Control System Area map published December 9, 2016. Please see the revised Figure 4.9-2 on page 3-17. Figure 4.9-1 FMFCD Urban Flood Control System Area Source: Fresno Metropolitan Flood Control District, 2016. 5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUE EPHERD RRIN HYMER ERNATIONAL PPER ERICAN C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60 R 19E R 20E R 20E R 21E R 21E R 22E R 22E R 23E T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER AMERICAN E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 HOG DOGDOG DOG MUDDOGD O G DOGPUP P U P P U P MUDK ER N W O L F MILLTRIBTRIBTR IBTRIBMILL CRE EK CAN AL DRAINCREEKL A K E S CREEKC R E E K CREEKCREEKCREEKCREEK DIT C H CREEKC R EEKCREEKC R E E K C R E EKCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN N O R THCREEKC R EEKC R E E K CRE EK KINGSRIVERVERNONG REY'SC L O VI S TRIB#1FANCHERTR IB #4FANCHERTRIB#3TRIB#2TRIB#5REDBANK REDBANK TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB#4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUIN S A N C A N A L C R E E K D O G KERN FRIANT CANAL ENT ER PR ISE C R E E K R ED BANKC R EE K FANCHER DRY CREEK CANAL CENTRAL CANAL F R E S N O CO LON Y CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EF I DD L K J F N CN AB H O CW D AA DG DH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BX R BC 3G 7H DM AQ 3F 7D DL 5F DK DE DN CX BZ DI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CK AO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEK RESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 5 7 8 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 9 9 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 9 97 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 4651 2 30 18 29 30 19 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 2322 26 25 34 14 17 24 14 12 25 35 35 36 36 26 33 16 23 33 33 35 32 10 17 12 33 36 17 17 23 24 15 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 12 26 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 25 29 19 35 18 21 13 19 31 18 30 20 30 18 12 323133 10 32 21 29 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARD PARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W 36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUE EPHERD RRIN HYMER ERNATIONAL PPER ERICAN C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11 C-13 C-14 C-15 C-16 C-17 C-18 C-19 C-20 C-21 C-22 C-23 C-24 C-25 C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60 R 19E R 20E R 20E R 21E R 21E R 22E R 22E R 23E T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUE SHEPHERD PERRIN BEHYMER INTERNATIONAL COPPER AMERICAN E-40 E-39 E-38 E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 HOG DOGDOG DOG MUDDOGDO G DOGPUP P U P P U P MUDK ER N W O L F MILLTRIBTRIBTRIBTRIBMILL CRE EK CA NAL DRAINCREEKL AK E S CREEKC R E E KCREEKCREEKCREEKCREEK DIT C H CREEKC R EEKCREEKC R E E K C R E EKCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN N O R THCREEKCREEKC R E E K CRE EK KINGSRIVERVERNONGREY'SC L O VI S TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK REDBANK TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB#4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUIN S A N C A N A L C R E E K D O G KERN FRIANT CANAL ENT ER PR ISE C R E E K R ED BANKC R EE K FANCHER DRY CREEK CANAL CENTRAL CANAL F R E S N O CO LON Y CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EF I DD L K J F N CN AB H O CW D AA DG DH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BX R BC 3G 7H DM AQ 3F 7D DL 5F DK DE DN CX BZ DI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CK AO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEK RESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 5 7 8 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 9 9 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 9 97 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 4651 2 30 18 29 30 19 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 2322 26 25 34 14 17 24 14 12 25 35 35 36 36 26 33 16 23 33 33 35 32 10 17 12 33 36 17 17 23 24 15 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 12 26 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 25 29 19 35 18 21 13 19 31 18 30 20 30 18 12 323133 10 32 21 29 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARD PARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W 36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kylesDate: 12/9/2016Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLAN FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FRESNO COUNTY CALIFORNIA 5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20E R 20E R 21E R 21E R 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDO G DOG MUDDOGD O G DOGP U P P U P P U P MUDKERN W O L F MILLTRIBTRIBTRIBTRIBMILL CR E E K C A N A L DRAINCREEKL A K E S CREEKC R E E K CREEKCREEKCREEKCREEK D IT C H CREEKC REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NO R TH CREEKCREEKC R E E K CR E E K KING SRIVERVERNONGREY'SC L O V IS TRIB#1FANCHERTR IB #4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CH A N NE L TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L C R E E K D O G KERN FRIANT CANAL E NT E R P R I S E C R E E K REDBANKC R EE KFANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BXRBC 3G 7H DMAQ 3F 7D DL 5F DK DE DNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 99 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 46512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 232226 25 34 14 17 24 14 1225 35 35 36 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20 LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20E R 21E R 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26 C-27 C-28 C-29 C-30 C-31 C-32 C-33 C-34 C-35 C-36 C-37 C-38 C-39 C-40 C-41 C-42 C-43 C-44 C-45 C-46 C-47 C-48 C-49 C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20E R 20E R 21E R 21E R 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37 E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDO G DOG MUDDOGD O G DOGP U P P U P P U P MUDKERN W O L F MILLTRIBTRIBTRIBTRIBMILL CR E E K CA N A L DRAINCREEKL A K E S CREEKC R EEKCREEKCREEKCREEKCREEK D IT C H CREEKC REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NO R TH CREEKCREEKC R E E K CR E E K KING SRIVERVERNONGREY'SC L O V IS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHER FANCHERFANCHERFANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CH A N NE L TRIB#1TRIB #2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L C R E E K D O G KERN FRIANT CANAL E NT E R P R I S E C R E E K REDBANKC R EE KFANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B 4D BY BXRBC 3G 7H DMAQ 3F 7D DL 5F DK DE DNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1 BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAIN BASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 98 9 2 2 5 7 5 8 2 3 8 7 6 99 1 51 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 9 97 34 6 7 2 13 12 8 635 3 4 21 46512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 10 29 3027 23 232226 25 34 14 17 24 14 1225 35 35 36 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 34 35 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 22 21 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 18 15 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNO eCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO HYDROLOGY AND WATER QUALITY PLACEWORKS Source: Fresno Metropolitan Flood Control District, 2017; PlaceWorks, 2017. Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOGDOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL C R E E K CANAL DRAINCREEKL A K E S CREEKCREEK CRE EKCREEKCREEKCREEK D IT C HCREEK CR EEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK C R E E K KINGSRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D BA N K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ES GUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOGDOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CRE EKCREEKCREEKCREEK D IT C HCREEK CR EEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E EK KINGSRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BA N K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E EK CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK D IT C HCREEK C REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZBT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E EK CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK D IT C HCREEK C REEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5REDBANK RE D B AN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZBT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA 5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK DIT C HCREEK CREEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK C R E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BAN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"N5 5 8 17 29 32 20LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARMILLBROOKFIRSTFRESNOBLACKSTONEMAROAPALMFRUITWESTVAN NESSMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANTHOMPSONINDIANOLAMENDOCINOGRANTLANDGARFIELDRNDON RRA LARD RSTOW AW TTYSBURG HLAN KOTA ELDS NTON KINLEY VE MONT LSEN TESBRIDGE ARNEY BLVD IFORNIA URCH SEN NADALE RTH SCAT NTRAL LAGA UVIAL ESGUEEPHERDRRINHYMERERNATIONALPPER ERICAN C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60LOCANTEMPERANCEARMSTRONGFOWLERSUNNYSIDECLOVISMINNEWAWAPEACHWILLOWCHESTNUTMAPLECEDARORANGEEASTCHERRYELMFIGWALNUTFRUITWESTHUGHESMARKSVALENTINEBRAWLEYBLYTHEDEWOLFLEONARDHIGHLANDMC CALLDEL REYBETHELGREENWOODACADEMYMADSENNEWMARKZEDIKERRIVERBENDMAC DONOUGHDOCKERYSMITHCORNELIAPOLKHAYESBRYANGRANTLANDTHOMPSONINDIANOLAMENDOCINOGARFIELDR 23ER 22ER 21ER 20ER 21ER 22ER 20ER 19E C-12C-11C-13C-14C-15C-16C-17C-18C-19C-20C-21C-22C-23C-24 C-25C-26C-27C-28C-29C-30C-31C-32C-33C-34C-35 C-36C-37C-38C-39C-40C-41C-42C-43C-44C-45C-46C-47C-48C-49C-50 C-51 C-52 C-53 C-54 C-55 C-56 C-57 C-58 C-59 C-60R 19ER 20ER 20ER 21ER 21ER 22E R 22E R 23ET 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14ST 12S T 11ST 13ST 14ST 13S T 12ST 15S T 14S E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42 HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT TULARE KINGS CANYON BUTLER CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEES TEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER HERNDON SIERRA BULLARD BARSTOW SHAW GETTYSBURG ASHLAN DAKOTA SHIELDS CLINTON MC KINLEY OLIVE BELMONT NIELSEN WHITESBRIDGE KEARNEY BLVD CALIFORNIA CHURCH JENSEN ANNADALE NORTH MUSCAT CENTRAL MALAGA ALLUVIAL NEESTEAGUESHEPHERDPERRINBEHYMERINTERNATIONALCOPPER AMERICAN E-40E-39E-38E-37E-36 E-35 E-34 E-41 E-33 E-32 E-31 E-30 E-29 E-28 E-27 E-26 E-25 E-24 E-23 E-22 E-21 E-20 E-19 E-18 E-17 E-16 E-15 E-14 E-13 E-12 E-11 E-10 E-42T 11ST 12ST 14S T 13ST 13S T 12ST 15S T 14S FANCHER GOULD BASIN ÄÆÄÅ41 ÄÆÄÅ41 ÄÆÄÅ99 ÄÆÄÅ99 ÄÆÄÅ180 ÄÆÄÅ180 ÄÆÄÅ168 ÄÆÄÅ168 H O G DOGDOG DOG MUDDOGDOGDOGPUP PUP PUP MUDKERN WOLF MILLTRIBTRIBTRIBTRIBMILL CR E E K CANAL DRAINCREEKL A K E S CREEKCREEK CREEKCREEKCREEKCREEK DIT C HCREEK CREEKCREEKC R E E K C R E E KCREEKCREEKCREEKCREEKCREEKCREEK L A K E S DRAIN NORTHCREEKCREEKCREEK CR E E K KING SRIVERVERNONGREY'SCLOVIS TRIB#1FANCHERTRIB#4FANCHERTRIB#3TRIB#2TRIB#5RE DBANK RE D BAN K TRIB#3REDBANKREDBANKTRIB#2F A N C H E R TRIB #4 REDBANKFANCHERFANCHERFANCHER FANCHERTRIB#2TRIB#3TRIB#1REDBANKTRIB#1CHANNEL TRIB#1TRIB#2 TRIB#21ALLUVIALRIVERJOAQUINSAN C A N A L CREEK DOG KERN FRIANT CANAL ENTERPRISE CREEK REDBANKCREEK FANCHER DRY CREEK CANAL CENTRAL CANAL FRESNOCOLONY CENTRAL CANAL HOUGHTON CANAL GOULD CANAL BRIGGS CANALEK EH EG AI AC EN AE AH EJ DF EI EM AF AD EL EFI DD L K J F N CN AB H O CW D AA DGDH CO2CO1 CZ BT 4E M CLP 7C CM CY 4C 3D 6D 5B/5C 3A 4B4D BYBXRBC 3G 7H DMAQ 3F 7D DL 5F DKDEDNCXBZDI EE JJ RR BB AK AL B CC CJ C CD CH CG MM E UU3 AG EO CKAO ANCI AJ XX UU2 II4 UU1 WWVV AH V S Q T X W BS G U 1E BQ BW 2D BR BP BU Z II1BM Y DO CS BH A II2 HH TT AR BL NN 1G BG CF AZ BV AS AV GG SS CE BD PP BE LL BO AY ZZ KK BF AU CQ AM BJ CV OO CU CP BK AX AW2 AW1 DP FF II3 DV DS DQ BIG DRY CREEKRESERVOIR FANCHER CREEK RESERVOIR REDBANK RESERVOIR REDBANK BASIN FANCHER CREEK BASIN ALLUVIAL DRAINBASIN PUP CREEK BASIN DRY CREEK EXTENSION BASIN PUP CREEK ENTERPRISE DETENTION BASIN 12 9 578 556 7 3 98 8 1 6 4 8 989 2 2 5 7 5 8 2 3 8 7 6 99 151 1 4 4 1 4 4 6 7 4 2 6 1 4 6 35 3 8 3 2 2 5 44 36 997 5 6 7 997 34 6 7 2 13 12 8 635 3 42146512 30 18 29 3019 31 35 20 17 19 11 18 31 31 28 31 11 11 32 30 14 24 32 23 24 1314 13 2928 32 26 31 1029 3027 23 232226 25 34 14 17 24 14 1225 35 3536 36 26 33 1623 33 33 35 32 10 17 12 33 36 17 17 23 2415 26 22 19 11 32 18 22 35 23 3435 16 25 34 15 20 36 19 22 11 23 32 14 21 27 16 15 20 20 14 14 11 16 15 33 11 34 10 26 17 25 28 36 32 16 25 31 11 20 29 12 28 10 12 34 15 20 27 10 33 34 36 2221 26 34 16 21 33 22 13 22 34 33 17 12 29 35 16 19 32 21 28 24 29 11 26 21 21 13 35 15 32 27 28 27 2320 10 34 24 15 11 29 25 20 34 13 12 21 33 1226 13 30 23 17 30 19 25 18 14 1618 28 22 29 3028 35 27 14 13 2627 36 33 24 36 24 28 19 24 36 27 27 31 21 14 36 16 28 1815 16 1210 31 28 15 15 25 10 2221 17 10 2529 19 35 18 2113 19 31 18 30 20 30 1812 323133 10 32 2129 13 3 3 4 10 27 22 34 15eCLOVIS FRESNOeCALIFORNIA STATE UNIVERSITY FRESNO WOODWARDPARK FRESNO - YOSEMITE INTERNATIONAL ROEDING PARK LEAKY ACRES 119°26'0"W 119°26'0"W 119°27'0"W 119°27'0"W 119°28'0"W 119°28'0"W 119°29'0"W 119°29'0"W 119°30'0"W 119°30'0"W 119°31'0"W 119°31'0"W 119°32'0"W 119°32'0"W 119°33'0"W 119°33'0"W 119°34'0"W 119°34'0"W 119°35'0"W 119°35'0"W 119°36'0"W 119°36'0"W 119°37'0"W 119°37'0"W 119°38'0"W 119°38'0"W 119°39'0"W 119°39'0"W 119°40'0"W 119°40'0"W 119°41'0"W 119°41'0"W 119°42'0"W 119°42'0"W 119°43'0"W 119°43'0"W 119°44'0"W 119°44'0"W 119°45'0"W 119°45'0"W 119°46'0"W 119°46'0"W 119°47'0"W 119°47'0"W 119°48'0"W 119°48'0"W 119°49'0"W 119°49'0"W 119°50'0"W 119°50'0"W 119°51'0"W 119°51'0"W 119°52'0"W 119°52'0"W 119°53'0"W 119°53'0"W 119°54'0"W 119°54'0"W 119°55'0"W 119°55'0"W 119°56'0"W 119°56'0"W 119°57'0"W 119°57'0"W36°56'0"N36°56'0"N36°55'0"N36°55'0"N36°54'0"N36°54'0"N36°53'0"N36°53'0"N36°52'0"N36°52'0"N36°51'0"N36°51'0"N36°50'0"N36°50'0"N36°49'0"N36°49'0"N36°48'0"N36°48'0"N36°47'0"N36°47'0"N36°46'0"N36°46'0"N36°45'0"N36°45'0"N36°44'0"N36°44'0"N36°43'0"N36°43'0"N36°42'0"N36°42'0"N36°41'0"N36°41'0"N36°40'0"N36°40'0"N36°39'0"NN Prepared by: kyles Date: 12/9/2016 Path: N:\GIS\projects\wallmap\2017\exhibit A.mxd L E G E N D AG USE FEE EXEMPTION PROPOSED BASIN FACILITY NON-PLANNED AREAS ACQUIRED BASIN FACILITY PROPOSED PIPELINES BQ DRAINAGE AREA BOUNDARY DESIGN PIPELINES F.M.F.C.D. BOUNDARY DRAINAGE AREA DESIGNATION EXISTING PIPELINES CITY SPHERE CHANNELS AND CANALS EXHIBIT "A" STORM DRAINAGE AND FLOOD CONTROL MASTER PLANFRESNO METROPOLITAN FLOOD CONTROL DISTRICTFRESNO COUNTYCALIFORNIA SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO HYDROLOGY AND WATER QUALITY Southwest Fresno SP Boundary PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-18 OCTOBER 2017 The last paragraph of page 4.9-15 of the Draft PEIR is hereby amended as follows: The Plan Area encompasses all or part of each of the following drainage areas: AS, NN, ZZ, FF, OO, TT, SS, KK, CQ, and AV. Drainage area acreages and retention basin capacities in acre-feet are listed below in Table 4.9-3. Note that the drainage area studied for the proposed Plan spans 5,859 acres including areas upstream and downstream of the Plan Area; the whole area studied is addressed in Table 4.9-3. The FMFCD basins storm drainage pipeline collection system haves capacity for a two-year storm and the basins have a capacity for at least 60 percent of average annual rainfall. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area.18 Drainage exceeding the capacity of one basin is moved to other drainage areas through basin relief pipelines interconnecting drainage areas. FMFCD has based planning for the drainage areas using the General Plan land use classifications for each drainage area. Beyond planning, the basins have been located, sized, and in most cases, basin property acquisition has been completed. FMFCD guidelines allow a 20 percent change in required volume before FMFCD is required to resize the basin and either enlarge or change the location of the affected basin. In older areas of the existing system, there may not be available area to expand basin property to allow a 20 percent change in required volume.19 The fifth paragraph on page 4.9-23 of the Draft PEIR is hereby amended as follows: The proposed Plan sets forth the following goals and policies applicable to drainage and water quality: Goal T-123: Improve storm water quality through transportation infrastructure improvements. Policy T123.1 Coordinate with the Fresno Metropolitan Flood Control District (FMFCD) Master Plan to incorporate Low Impact Development (LID) storm water management techniques with curb, gutter, and sidewalk improvements. The first paragraph on page 4.9-24 of the Draft PEIR is hereby amended as follows: Policy T123.2 Manage stormwater on-site to cleanse, diffuse, and absorb rainwater where it falls by creating rain gardens, swales, infiltration areas, and other attractive areas that bring nature and beauty into developed areas. Policy T123.3 Work with FMFCD to reduce or waive development impact fees if LID development is implemented on-site. The third paragraph on page 4.9-27 under Impact HYD-4 of the Draft PEIR is hereby amended as follows: The FMFCD basins storm drainage pipe system haves capacity for a two-year storm and basins are designed for at least 60 percent of average annual rainfall. When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area.48 Drainage exceeding the capacity of one basin is moved to other drainage areas through basin relief pipelines interconnecting drainage areas. FMFCD guidelines allow a 20 percent change in required volume before FMFCD is required to resize the basin and either enlarge or change the location of the affected basin. In older areas of the SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-19 existing system, there may not be available area to expand basin property to allow a 20 percent change in required volume. As shown above in Table 4.9-3, buildout of the proposed Plan would not require an increase in volume of 20 percent or more in any of the basins serving the Plan Area; and thus would not require construction of any new or expanded basins. The FMFCD Urban Storm Drainage Master Plan includes several proposed storm drains on-site. Footnote 48 on page 4.9-27 of the Draft PEIR is hereby amended as follows: ____________ 18 Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood Control District. Phone call with PlaceWorks, April 11, 2014. 3.7 REVISIONS TO CHAPTER 4.10, LAND USE AND PLANNING The text in the first row under the column “Consistency Summary” in Table 4.10-1 on page 4.10-6 of the Draft PEIR is hereby amended as follows: Consistent. Goal LU-8 of the proposed Plan supports reflects the City’s long- term strategy for supporting the sustainability of industrial uses by directing them outside the Pplan Aarea, where they will not conflict with existing neighborhoods. The city contains ample land (approximately 2,150 acres of vacant or partially vacant land) to accommodate industrial development. 3.8 REVISIONS TO CHAPTER 4.12, POPULATION AND HOUSING The second paragraph on page 4.12-7 of the Draft PEIR is hereby amended as follows: New jobs in the Plan Area would be created by development of commercial, office, and other employment-generating uses. New industrial jobs could occur in existing industrial businesses; however, the proposed Plan redirects reflects the City’s land use strategy of focusing new industrial uses to in locations outside of the Plan Area to remove land use conflicts with nearby residential and other sensitive uses. As shown in Table 4.12-4, the Fresno General Plan MEIR projects an increase of 183,940 jobs for a total of 393,200 jobs in Fresno in 2056. As described in the Project Description in this Draft PEIR, buildout of the proposed Plan could result in as many as 8,671 additional jobs in 2042. These new jobs would not exceed the citywide job projections. Although job growth usually does not directly induce population growth, this calculation takes into account the fact that an increase in employment could accompany population growth, as workers and their family members are likely to live close to their workplaces. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-20 OCTOBER 2017 3.9 REVISIONS TO CHAPTER 4.13, PUBLIC SERVICES The first paragraph under Impact heading PS-7 on page 4.13-28 of the Draft PEIR is hereby amended as follows: Implementation of the proposed Plan would result in a population increase of approximately 27,775 residents under the Dual Designation Scenario for a total of 40, 424 residents. This additional residential growth would result in an increase in demand for parks and recreation facilities. Based on the General Plan standard of 3 acres of public parkland per 1,000 residents, the proposed Plan would require the dedication of approximately 1218311 acres of useable parkland to meet the 3-acre per 1,000 residents ratio standard. Assuming the Standard Development Scenario presented in Table 3-1 of Chapter 3, Project Description, the Plan proposes 708 acres of new parkland and combined with the approximately 19 acres of existing parkland within the Plan Area (see Table 4.13-10). Therefore, implementation of the proposed Plan would result in an total of 91 acres of parkland being located within the Plan Area This is a deficit of 30 5 acres less than the total acreage needed to meet the citywide parks and open space standard of 3 acres per 1,000 residents. Footnote 11 on page 4.13-28 of the Draft PEIR is hereby amended as follows: ___________ 11 (12,649 existing residents + 27,775 new residents) = 40,424 total residents. (40,42427,775 total new residents*3 acres/1,000 residents) = 121.2783.325 acres. The first full paragraph on page 4.13-32 of the Draft PEIR is hereby amended as follows: Implementation of the proposed Plan would result in the creation of 708 acres of new parkland. When combined with the existing approximately 19 acres of parkland within the Plan Area, implementation of the proposed Plan would result in approximately 89acres of parks being located within the Plan Area.15 The development of new parks would offer additional facilities for use by new residents within the Plan Area, reducing the impact on existing facilities. In addition to the new parks that would be developed under the proposed Plan, Goal PF-1 seeks to improve existing parks as the highest priority. Policy PF-1.1 encourages the City to upgrade amenities in existing parks, and ensure that all parks have well-maintained and fully accessible essential and desired amenities. Policy PF-1.2 encourages park safety and security through enforcement and community design, while Policy PF-1.3 encourages remediation of toxic sites on and/or directly adjacent to existing parkland to improve the environmental health of the community. Therefore, existing recreational facilities would not experience substantial physical deterioration or experience an acceleration of physical deterioration. Development within the Plan Area would also be required to comply with FMC Section 12-4.701 through 12-4.706, which requires payment of park facilities fees to finance park facility improvements. As a result, impacts are considered less than significant. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-21 3.10 REVISIONS TO CHAPTER 4.14, TRANSPORTATION AND TRAFFIC The first paragraph on page 4.14-1 of the Draft PEIR is hereby amended as follows: This section describes the regulatory framework and existing conditions in the vicinity of the Plan Area related to transportation and traffic, and the potential impacts of the proposed Plan on transportation and traffic. Fehr & Peers prepared the analysis contained in this section. This report analyzes the following scenarios to determine the effects of the proposed Plan:  Existing Conditions (2017): reflects roadway geometrics as observed in spring 2017 and traffic volumes collected between June 2014 and May 2017, as presented in Section 4.14.1.2  Existing plus proposed Plan conditions (2017): evaluates the transportation and traffic impacts directly related to the development associated with the proposed Plan, as presented in Section 4.14.3  Cumulative conditions (2035): analyzes the proposed Plan’s incremental effects to traffic congestion when viewed in connection with the effects of reasonably foreseeable future projects. This analysis uses population and employment forecasts from the recently adopted Fresno General Plan as land use inputs for future development in the region. This is consistent with §15130(b)(1)(B) from the CEQA Guidelines. The cumulative conditions scenario also includes reasonably foreseeable roadway network changes including funded roadway improvement projects identified in the Fresno Council of Governments (Fresno COG) 2014 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and applicable local and regional impact fee programs as well as modifications to the roadway network associated with the construction of the High-Speed Rail (HSR) trackway. The title of Figure 4.14-3 on page 4.14-13 of the Draft PEIR is hereby amended as follows: Figure 4.14-3 Existing Roadway Network (2017) The fifth paragraph on page 4.14-15 of the Draft PEIR is hereby amended as follows: Morning (7:00 a.m. to 9:00 a.m.) and evening (4:00 p.m. to 6:00 p.m.) peak period intersection turning movement counts at the eight study intersections were collected in April 2017 (refer to Appendix HG for traffic count data). Figure 4.14-6 presents the existing AM and PM peak hour intersection traffic volumes for the eight study intersections. Figure 4.14-6, shown on the following page, is hereby added. Please see the new Figure 4.14-6 on page 3-22. Figure 4.14-15, shown on the following page, is hereby added. Please see the new Figure 4.14-15 on page 3-23. Figure 4.14-20, shown on the following page, is hereby added. Please see the new Figure 4.14-20 on page 3-24. Peak Hour Traffic Volumes and Lane ConfigurationsExisting ConditionsSource: path:744 (846) 42 (41)530 (493)0 (0)238 (77)116 (112) 300 (462) 1. SR 41 SB Ramps/Jensen Ave 30 (42)89 (102)555 (411) 427 (512) 157 (441) 386 (532) 2. SR 41 NB Ramps/Jensen Ave 22 (49)0 (0)122 (316)421 (595) 35 (30)147 (73)242 (105)570 (482)83 (134) 526 (499) 130 (75) 3. SR 99 SB Ramps/Jensen Ave 126 (168)76 (50)96 (135)130 (81) 773 (935) 61 (234)145 (284)0 (0)41 (42)72 (59) 1,056 (948) 4. SR 99 NB Ramps/Jensen Ave 318 (341) 8 (10)193 (143)0 (0)311 (87)144 (203) 28 (46) 5. SR 41 SB Ramps/North Ave 15 (17)0 (1)55 (35)153 (204) 476 (224) 173 (267) 157 (232) 6. SR 41 NB Ramps/North Ave 438 (485) 107 (115)307 (215)149 (227)445 (137)217 (369) 54 (141) 7. SR 99 SB Ramps/Fresno St 99 (118)73 (95)250 (181)207 (216) 676 (406) 131 (444) 172 (392) 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCFSource: Fehr & Peers Transportation Consultants, 2017. Figure 4.14-6 Peak Hour Traffic Volumes and Lane Configurations Existing Conditions TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS Peak Hour Traffic Volumes and Lane ConfigurationsExisting Plus ProjectSource: path:1. SR 41 SB Ramps/Jensen Ave 2. SR 41 NB Ramps/Jensen Ave 3. SR 99 SB Ramps/Jensen Ave 4. SR 99 NB Ramps/Jensen Ave 5. SR 41 SB Ramps/North Ave 6. SR 41 NB Ramps/North Ave 7. SR 99 SB Ramps/Fresno St 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCF1,560 (1,900) 70 (60)1,360 (1,240)0 (0)240 (80)120 (120) 620 (790)30 (50)90 (110)870 (740) 930 (1,240) 160 (450) 710 (860)30 (60)0 (0)130 (320)690 (890) 60 (50)150 (80)250 (110)570 (490)90 (140) 830 (790) 130 (80)230 (320)80 (50)100 (140)130 (90) 900 (1,080) 70 (240)150 (290)0 (0)50 (50)80 (60) 1,260 (1,100) 770 (850) 20 (10)470 (430)0 (0)320 (90)260 (350) 30 (50)20 (20)0 (0)60 (40)490 (620) 600 (320) 180 (270) 270 (380) 790 (990) 140 (140)600 (390)150 (230)450 (140)410 (680) 60 (150)150 (220)80 (100)250 (190)420 (580) 820 (550) 140 (450) 320 (610) Figure 4.14-15 Peak Hour Traffic Volumes and Lane Configurations Existing Plus Project Source: Fehr & Peers Transportation Consultants, 2017. TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS Peak Hour Traffic Volumes and Lane ConfigurationsCumulative ConditionsSource: path:1. SR 41 SB Ramps/Jensen Ave 2. SR 41 NB Ramps/Jensen Ave 3. SR 99 SB Ramps/Jensen Ave 4. SR 99 NB Ramps/Jensen Ave 5. SR 41 SB Ramps/North Ave 6. SR 41 NB Ramps/North Ave 7. SR 99 SB Ramps/Fresno St 8. SR 99 NB Ramps/Fresno St Jensen Ave SR 41 SB Off RampSR 41 SB On RampJensen Ave SR 41 NB On RampSR 41 NB Off RampJensen Ave SR 99 SB Off RampEast AveJensen Ave East AveSR 99 NB Off RampNorth Ave SR 41 SB Off RampSR 41 SB On RampNorth Ave SR 41 NB On RampSR 41 NB Off RampFresno St SR 99 SB Off RampSR 99 SB On RampFresno St SR 99 NB On RampSR 99 NB Off RampCCEADFCCFAF CCFCCEBF CEABFACCFBF ACCFBFCECFBFACBF ACCFCEACFACCBCF ACCCCF1,900 (1,980) 100 (90)1,370 (1,420)0 (0)240 (90)120 (120) 670 (900)50 (50)90 (110)1,020 (820) 1,120 (1,250) 230 (450) 740 (970)40 (140)0 (0)180 (440)810 (930) 80 (50)150 (80)470 (230)860 (950)90 (140) 850 (870) 180 (100)230 (320)80 (50)100 (140)130 (90) 1,300 (1,610) 110 (330)150 (290)0 (0)50 (50)80 (60) 1,940 (1,720) 1,460 (1,260) 30 (50)570 (660)0 (0)660 (240)570 (1,000) 40 (50)30 (20)0 (0)70 (50)690 (620) 1,430 (880) 330 (740) 580 (1,030) 1,190 (1,230) 140 (140)600 (390)300 (240)450 (260)770 (1,030) 290 (510)230 (220)250 (480)470 (310)460 (580) 1,180 (910) 280 (450) 830 (1,320) Figure 4.14-20 Peak Hour Traffic Volumes and Lane Configurations Cumulative Conditions Source: Fehr & Peers Transportation Consultants, 2017. TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-25 The title of Table 4.14-2 on page 4.14-18 of the Draft PEIR is hereby amended as follows: Table 3.10-2 Peak Hour Roadway Segment Operations – Existing Conditions (2017) The last paragraph on page 4.14-19 of the Draft PEIR is hereby amended as follows: As shown in Table 3.10-2, all study roadway segments operate at LOS C or LOS D under existing conditions. Per the volume thresholds presented in Table 4.14-6, LOS A and LOS B are not achievable on arterial or collector streets per the HCM methodology; therefore, LOS C is the best achievable operation. Figure 4.14-67 presents the AM peak hour roadway LOS, while Figure 4.14-78 presents the PM peak hour roadway LOS. The title of Figure 4.14-6 on page 4.14-20 of the Draft PEIR is hereby amended as follows: Figure 3.10-1 7 Existing AM Peak Hour Roadway Segment LOS (2017) The second paragraph on page 4.14-22 of the Draft PEIR is hereby amended as follows: Table 4.14-3 presents the AM and PM peak hour LOS at each study intersection under existing conditions (refer to Appendix HG for calculations). As shown in Table 4.14-3, all intersections operate at LOS D or better under existing conditions with the exception of the following location: The title of Table 4.14-3 on page 4.14-22 of the Draft PEIR is hereby amended as follows: Table 4.14-3 Peak Hour Intersection Operations – Existing Conditions (2017) Tabl e 4.14-4 on page 4.14-23 of the Draft PEIR is hereby amended as follows: TABLE 4.14-4 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc SR-41 Southbound Off-Ramp at Jensen Ave. 1.1,380 ft. 420 ft. AM 75 ft. PM 75 ft. SR-41 Northbound Off-Ramp at Jensen Ave. 2.1,470 ft. 420 ft. AM 50 ft. PM 50 ft. SR-99 Southbound Off-Ramp at Jensen Ave. 3.1,440 ft. 420 ft. AM 625 ft.* PM 450 ft.* SR-99 Northbound Off-Ramp at Jensen Ave. 4.1,050 ft. 420 ft. AM 225 ft.* PM 250 ft.* SR-41 Southbound Off-Ramp at North Ave. 5.1,575 ft. 270 ft. AM 250 ft. PM 75 ft. SR-41 Northbound Off-Ramp at North Ave. 6.1,700 ft. 270 ft. AM 25 ft. PM 50 ft. SR-99 Southbound Off-Ramp at Fresno St. 7.1,030 ft. 270 ft. AM 100 ft. PM 150 ft. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-26 OCTOBER 2017 TABLE 4.14-4 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc SR-99 Northbound Off-Ramp at Fresno St. 8.1,070 ft. 270 ft. AM 75 ft. PM 100 ft. Notes: * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The third paragraph on page 4.14-24 of the Draft PEIR is hereby amended as follows: Figure 4.14-89 shows the existing fixed-route transit service in the Plan Area. The areas on the western portion of the Plan Area are less developed and are not directly served by existing fixed-route bus service. In addition to its fixed-route service, FAX Handy Ride provides paratransit service for people with disabilities and those who cannot functionally use the FAX fixed-route bus system. The title of Figure 4.14-8 on page 4.14-25 of the Draft PEIR is hereby amended as follows: Figure 4.14-89 Existing Fixed Route Transit Service (2017) The first paragraph on page 4.14-26 of the Draft PEIR is hereby amended as follows: Figure 4.14-910 presents the existing bicycle facilities in the Plan Area; the bicycle network consists of only Class II bike lanes present on a small fraction of the existing roadway network. The last paragraph on page 4.14-26 of the Draft PEIR is hereby amended as follows: Figure 4.14-101 shows the existing presence of sidewalks in the Plan Area. The title of Figure 4.14-9 on page 4.14-27 of the Draft PEIR is hereby amended as follows: Figure 4.14-910 Existing Bicycle Facilities (2017) The title of Figure 4.14-10 on page 4.14-28 of the Draft PEIR is hereby amended as follows: Figure 4.14-101 Existing Pedestrian Facilities (2017) The first paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: Development associated with the proposed Plan would increase the amount of vehicle traffic, which would require the improvement and expansion of the roadway network in the Plan Area to serve the associated travel demand. The traffic generated by the proposed Plan will be caused by future development within the Plan Area. Figure 4.14-112 presents the land use map for the Plan Area. Figure 4.14-123 shows the planned number of lanes on the roadway network in the Plan Area. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-27 The second paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: This study uses the TDF model developed for the Fresno General Plan MEIR to forecast the amount of traffic generated by the proposed Plan. For the existing plus proposed Plan scenario, the development potential associated with the proposed Plan was added to the Fresno General Plan MEIR TDF model baseline land uses. The proposed Plan’s land uses included residential units and retail, office, and industrial employment. In addition, the roadway network in the baseline TDF model was updated to match the roadway network presented in Figure 4.14-123. The fourth paragraph on page 4.14-36 of the Draft PEIR is hereby amended as follows: Figure 4.14-134 presents the resulting daily traffic volumes for the 30 study roadway segments under existing plus proposed Plan’s conditions. Figure 4.14-15 presents the AM and PM peak hour traffic volume forecasts for the eight study intersections under existing plus proposed Plan conditions. The title of Figure 4.14-12 on page 4.14-38 of the Draft PEIR is hereby amended as follows: Figure 4.14-123 Existing Plus Proposed Plan’s Roadway Network (2017) Figure 4.14-13 of the Draft PEIR is included on the next page, as it was omitted from the Draft PEIR. Further, the title of Figure 4.14-13 on page 4.14-39 of the Draft PEIR is hereby amended as follows: Figure 4.14-134 Existing Plus Proposed Plan Daily Roadway Volumes (2017) Table 4.14-8 on page 4.14-40 of the Draft PEIR is hereby amended as follows: TABLE 4.14-8 VMT COMPARISON – EXISTING CONDITIONS AND EXISTING PLUS PROPOSED PLAN (2017) Average Weekday VMT Trip Type Existing Conditions (2017) Existing Plus Proposed Plan Conditions (2017) Internal-to-Internal (I-I) 1,153 41,991 Internal-to-External (I-I) 141,973 815,020 External-to-Internal (I-I) 142,106 813,627 Total 285,232 1,670,638 Source: Fresno COG Countywide Travel Demand Forecasting Model as modified for the proposed Plan. Figure 4.14-13 Existing Plus Project Daily Roadway Volumes Source: Fehr & Peers Transportation Consultants, 2017. Figure 4.14-14 Existing Plus Proposed Plan Daily Roadway Volumes (2017) TRANSPORTATION AND TRAFFIC SOUTHWEST FRESNO SPECIFIC PLAN DRAFT EIR CITY OF FRESNO PLACEWORKS SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-29 The second paragraph on page 4.14-40 of the Draft PEIR is hereby amended as follows: Table 4.14-9 presents the AM and PM peak hour traffic volumes and LOS for each study roadway segment under existing plus proposed Plan conditions. Figure 4.14-146 presents the AM peak hour roadway LOS under existing plus proposed Plan conditions, while Figure 4.14-157 presents the PM peak hour roadway LOS. As shown in Table 4.14-9, all study roadway segments operate at LOS C or LOS D under existing plus proposed Plan conditions. While many roadway segments go from LOS C under existing conditions to LOS D under existing plus proposed Plan conditions, all roadways continue to operate at an acceptable LOS (i.e., at or better than the LOS standard identified in Tale 4.14 -4). Therefore, the proposed Plan has a less than significant impact on roadway operations. The third paragraph on page 4.14-40 of the Draft PEIR is hereby amended as follows: Ta ble 4.14-10 presents the AM and PM peak hour LOS for each study intersection under existing plus proposed Plan conditions (refer to Appendix HG for calculations). The results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans. This includes adjustments to cycle lengths and shifting green time to phases for movements that experience greater increases in traffic volume. These adjustments in one case (at the intersection of SR-99 Northbound Ramps/East Ave./Jensen Ave.) result in slightly better operations under existing plus proposed Plan conditions than existing conditions due to more efficient use of the traffic signal cycle. The title of Figure 4.14-14 on page 4.14-41 of the Draft PEIR is hereby amended as follows: Figure 4.14-146 Existing Plus Proposed Plan AM Peak Hour Roadway Segment LOS (2017) The title of Figure 4.14-15 on page 4.14-42 of the Draft PEIR is hereby amended as follows: Figure 4.14-157 Existing Plus Proposed Plan PM Peak Hour Roadway Segment LOS (2017) Table 4.14-9 on page 4.14-43 of the Draft PEIR is hereby amended as follows: TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv Whitesbridge Ave.: Marks Ave. to 1. Roeding Dr. 4-lane Divided Collector AM 180 0.12 C 1,280 0.34 D PM 260 0.18 C 1,650 0.44 D Whitesbridge Ave.: Roeding Dr. 2. to Thorne Ave. 2-lane Undivided Collector AM 110 0.08 C 360 0.24 D PM 210 0.14 C 560 0.38 D Kearney Blvd.: Marks Ave. to 3. West Ave. 2-lane Undivided Collector AM 290 0.19 C 730 0.50 D PM 210 0.14 C 710 0.48 D Kearney Blvd.: West Ave. to 4. Thorne Ave. 2-lane Undivided Collector AM 240 0.16 C 620 0.42 D PM 170 0.12 C 600 0.41 D California Ave.: Marks Ave. to 5. West Ave. 2-lane Collector with TWLTL AM 180 0.12 C 440 0.25 D PM 170 0.12 C 480 0.27 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-30 OCTOBER 2017 TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv California Ave.: West Ave. to 6. Fresno St. 4-lane Divided Arterial AM 350 0.19 C 1,350 0.36 D PM 430 0.23 C 1,510 0.40 D California Ave.: Fresno St. to 7. Martin Luther King Jr. Blvd. 2-lane Arterial with TWLTL AM 590 0.34 D 790 0.45 D PM 550 0.31 D 790 0.45 D Ventura St: Martin Luther King Jr. 8. Blvd. to B St.reet 4-lane Divided Arterial AM 930 0.25 C 2,100 0.56 D PM 840 0.22 C 2,130 0.57 D Church Ave.: Marks Ave. to 9. West Ave. 2-lane Undivided Collector AM 80 0.05 C 570 0.39 D PM 120 0.08 C 670 0.45 D Church Ave.: West Ave. to 10. Walnut Ave. 2-lane Collector with TWLTL AM 150 0.10 C 690 0.39 D PM 170 0.11 C 770 0.44 D Church Ave.: Walnut Ave. to 11. Elm Ave. 2-lane Collector with TWLTL AM 390 0.22 C 870 0.49 D PM 370 0.21 C 880 0.50 D Jensen Ave.: Marks Ave. to 12. West Ave. 2-lane Undivided Arterial AM 320 0.22 C 390 0.27 D PM 410 0.28 D 510 0.34 D Jensen Ave.: West Ave. to 13. Walnut Ave. 4-lane Divided Arterial AM 420 0.28 D 1,300 0.35 D PM 560 0.38 D 1,520 0.41 D Jensen Ave.: Walnut Ave. to 14. Elm Ave. 4-lane Divided Arterial AM 730 0.20 C 2,110 0.56 D PM 920 0.25 C 2,320 0.62 D North Ave.: Walnut Ave. to 15. Elm Ave. 2-lane Arterial with TWLTL AM 380 0.26 D 1,060 0.60 D PM 340 0.23 D 1,150 0.65 D Marks Ave.: Whitesbridge Ave. to 16. California Ave. 4-lane Divided Arterial AM 620 0.34 D 1,790 0.48 D PM 670 0.36 D 2,050 0.55 D Marks Ave.: California Ave. to 17. Jensen Ave. 2-lane Undivided Arterial AM 140 0.10 C 100 0.07 C PM 210 0.14 C 170 0.12 C Hughes Ave./Roeding Dr.: 18. Nielsen Ave. to Whitesbridge Ave. 4-lane Divided Collector AM 200 0.05 C 660 0.18 C PM 230 0.06 C 760 0.20 C Hughes Ave.: Whitesbridge Ave. 19. to California Ave. 2-lane Undivided Collector AM 20 0.02 C 420 0.29 D PM 50 0.03 C 530 0.36 D Hughes Ave.: California Ave. to 20. Church Ave. 2-lane Undivided Collector AM 20 0.01 C 260 0.18 C PM 30 0.02 C 320 0.22 C Roeding Dr./West Ave.: 21. Whitesbridge Av. to California Av. 2-lane Divided Collector AM 80 0.06 C 410 0.22 C PM 80 0.05 C 440 0.24 C West Ave.: California Ave. to 22. Jensen Ave. 2-lane Collector with TWLTL AM 70 0.05 C 530 0.30 D PM 80 0.05 C 580 0.33 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-31 TABLE 4.14-9 PEAK HOUR ROADWAY SEGMENT OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Roadway Segment Classificationa Volume V/Cb LOSv Volume V/Cb LOSv Fruit Ave.: California Ave. to 23. Jensen Ave. 2-lane Undivided Collector AM 140 0.09 C 750 0.51 D PM 180 0.12 C 810 0.55 D Thorne Ave.: Whitesbridge Ave. 24. to California Ave. 2-lane Collector with TWLTL AM 240 0.14 C 510 0.29 D PM 270 0.15 C 600 0.34 D Walnut Ave.: California Ave. to 25. Jensen Ave. 2-lane Undivided Collector AM 380 0.26 D 1,030 0.70 D PM 350 0.24 D 1,100 0.74 D Walnut Ave.: Jensen Ave. to 26. North Ave. 2-lane Collector with TWLTL AM 20 0.01 C 730 0.41 D PM 50 0.04 C 820 0.47 D Martin Luther King Jr. Blvd.: 27. California Ave. to Jensen Ave. 2-lane Collector with TWLTL AM 500 0.28 D 1,370 0.78 D PM 520 0.29 D 1,400 0.80 D Martin Luther King Jr. Blvd.: 28. Jensen Ave. to North Ave. 2-lane Collector with TWLTL AM 330 0.22 C 1,050 0.60 D PM 290 0.20 C 1,070 0.61 D Elm Ave.: Ventura St to 29. Jensen Ave. 4-lane Divided Arterial AM 290 0.08 C 580 0.16 C PM 600 0.16 C 970 0.26 C Elm Ave.: Jensen Ave. to 30. North Ave. 2-lane Divided Arterial AM 240 0.06 C 670 0.36 D PM 420 0.11 C 920 0.49 D a. Roadway classifications reflect changes proposed by proposed Plan. Descriptions of classifications are presented in the Local Roadways section: Undivided = roadways without physical separation between opposing directions of travel TWLTL = two-way left-turn lane: a center lane exclusively for left-turning vehicles from either direction, which also provides space between opposing directions of travel Divided = roadways with physical separation between opposing directions of travel, such as a raised median b. Volume-to-capacity ratio; capacity defined as the LOS E/F threshold as presented in Table 4.15-5. c. Level of service based on volume thresholds presented in Table 4.15-5. Source: Fehr & Peers, 2017. Table 4.14-10 on page 4.14-45 of the Draft PEIR is hereby amended as follows: TABLE 4.14-10 PEAK HOUR INTERSECTION OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Delaya LOSb Delaya LOSb SR-41 Southbound Ramps/Jensen Ave. 1.Signal AM 9 A 22 C PM 7 A 22 C SR-41 Northbound Ramps/Jensen Ave. 2.Signal AM 4 A 4 A PM 4 A 5 A SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-32 OCTOBER 2017 TABLE 4.14-10 PEAK HOUR INTERSECTION OPERATIONS – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Delaya LOSb Delaya LOSb SR-99 Southbound Ramps/East Ave./Jensen Ave. 3.Signal AM 61 E 61 E PM 29 C 35 D SR-99 Northbound Ramps/East Ave./Jensen Ave. 4.Signal AM 53 D 39 D PM 46 D 31 C SR-41 Southbound Ramps/North Ave. 5.Signal AM 23 C 53 D PM 13 B 45 D SR-41 Northbound Ramps/North Ave. 6.Signal AM 9 A 18 B PM 12 B 28 C SR-99 Southbound Ramps/Fresno St. 7.Signal AM 24 C 27 C PM 18 B 25 C SR-99 Northbound Ramps/Fresno St. 8.Signal AM 15 B 19 B PM 19 B 32 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The third paragraph on page 4.14-45 of the Draft PEIR is hereby amended as follows: As described above, the proposed Plan would have a less than significant effect on roadway operations, intersection operations, and freeway off-ramp queuing. While the proposed Plan would add trips to the roadway network, the resulting roadway, intersection, and freeway off-ramp conditions would not conflict with applicable plans, ordinances, or policies establishing measures of effectiveness (i.e., delay, LOS, and queue lengths) for the performance of the circulation system. Therefore, this impact is less than significant. Table 4.14-11 on page 4.14-46 of the Draft PEIR is hereby amended as follows: TABLE 4.14-11 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) SR-41 Southbound Off-Ramp at Jensen Ave. 1.1,380 ft. 420 ft. AM 75 ft. 600 ft.* PM 75 ft. 550 ft.* SR-41 Northbound Off-Ramp at Jensen Ave. 2.1,470 ft. 420 ft. AM 50 ft. 50 ft. PM 50 ft. 50 ft. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-33 TABLE 4.14-11 PEAK HOUR FREEWAY OFF-RAMP QUEUING – EXISTING PLUS PROPOSED PLAN CONDITIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) SR-99 Southbound Off-Ramp at Jensen Ave. 3.1,440 ft. 420 ft. AM 625 ft.* 650 ft.* PM 450 ft.* 475 ft.* SR-99 Northbound Off-Ramp at Jensen Ave. 4.1,050 ft. 420 ft. AM 225 ft.* 400 ft.* PM 250 ft.* 475 ft.* SR-41 Southbound Off-Ramp at North Ave. 5.1,575 ft. 270 ft. AM 250 ft. 400 ft.* PM 75 ft. 100 ft. SR-41 Northbound Off-Ramp at North Ave. 6.1,700 ft. 270 ft. AM 25 ft. 50 ft. PM 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Fresno St. 7.1,030 ft. 270 ft. AM 100 ft. 400 ft.* PM 150 ft. 225 ft. SR-99 Northbound Off-Ramp at Fresno St. 8.1,070 ft. 270 ft. AM 75 ft. 100 ft. PM 100 ft. 125 ft. Note: * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The second paragraph on page 4.14-46 of the Draft PEIR is hereby amended as follows: As described above, the Pproposed Plan would have a less than significant effect on roadway operations, intersection operations, and freeway off-ramp queuing. While the pProposed Plan would add trips to the roadway network, the resulting roadway, intersection, and freeway off-ramp conditions would not conflict with applicable plans, ordinances, or policies establishing measures of effectiveness (i.e., delay, LOS, and queue lengths) for the performance of the circulation system. Therefore, this impact is less than significant. The third through eighth policy text on page 4.14-49 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.1: Work with existing industrial and heavy commercial businesses to identify alternative truck routes that limit negative impacts on sensitive areas while maintaining an efficient movement of goods. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-34 OCTOBER 2017 Policy T-910.3: Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left-turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.2 Identify streets with excessive vehicular ROW that are opportunities to implement traffic calming and other improvements to slow traffic and provide options for multi-modal travel. Policy T-101.3 Encourage lower vehicular travel speeds for collector and local streets in the Plan Area. This could be accomplished through traffic calming measures, narrower travel lanes, reducing the number of travel lanes, neighborhood speed watch/traffic management programs, or speed enforcement programs. The fourth through sixth bullets on page 4.14-52 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.3 Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left-turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in this chapter. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-35 Goal T-112: Foster a healthy lifestyle in Southwest Fresno through encouraging active forms of transportation such as walking and bicycling as an alternative to motorized modes of travel. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. The first and second policy text on page 4.14-53 of the Draft PEIR are hereby amended as follows: Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. Goal T-134: Ensure that Southwest Fresno’s transportation infrastructure is in well-maintained conditions to provide a comfortable travel experience for pedestrians and bicyclists. Policy T-134.2 Monitor the conditions of roadways to ensure the repair and resurfacing of cracked and uneven roadway surfaces to provide a smooth and even surface for bicycling. The first paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 shows the planned number of lanes on the roadway network in the Plan Area under cumulative conditions. The third paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: To forecast cumulative traffic levels with the proposed Plan, the development potential associated with the proposed Plan was included in the Fresno General Plan MEIR TDF model representing 2035 conditions with the Fresno General Plan. This model includes development consistent with the Fresno General Plan and Fresno Downtown pPlans outside of the Plan Area, as well as the roadway projects identified above to match the roadway network presented in Figure 4.14-168. The title of Figure 4.14-16 on page 4.14-55 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 Cumulative Roadway Network (2035) The first paragraph on page 4.14-56 of the Draft PEIR is hereby amended as follows: Figure 4.14-179 presents the resulting daily traffic volumes for the 30 study roadway segments under cumulative conditions. Figure 4.14-20 presents the AM and PM peak hour traffic volume forecasts for the eight study intersections under cumulative conditions. The third paragraph on page 4.14-56 of the Draft PEIR is hereby amended as follows: Table 4.14-13 presents the AM and PM peak hour traffic volumes and LOS for each study roadway segment under cumulative conditions. Figure 4.14-1821 presents the AM peak hour roadway LOS under cumulative conditions, while Figure 4.14-1922 presents the PM peak hour roadway LOS. As shown in Table SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-36 OCTOBER 2017 4.14-13, all study roadway segments operate at LOS C or LOS D under cumulative conditions, with the exception of the following roadway segments. Table 4.14-12 on page 4.14-56 of the Draft PEIR is hereby amended as follows: TABLE 4.14-12 VMT COMPARISON – EXISTING CONDITIONS (2017) AND CUMULATIVE CONDITIONS (2035) Trip Type Average Weekday VMT Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Internal-to-Internal (I-I) 1,153 41,991 27,182 Internal-to-External (I-I) 141,973 815,020 890,302 External-to-Internal (I-I) 142,106 813,627 888,624 Total 285,232 1,670,638 1,806,108 Source: Fresno COG Countywide Travel Demand Forecasting Model as modified for the proposed Plan. The title of Figure 4.14-17 on page 4.14-57 of the Draft PEIR is hereby amended as follows: Figure 4.14-179 Cumulative Daily Roadway Volumes (2035) The title of Figure 4.14-18 on page 4.14-58 of the Draft PEIR is hereby amended as follows: Figure 4.14-18 21 Cumulative AM Peak Hour Roadway Segment LOS (2035) The title of Figure 4.14-19 on page 4.14-59 of the Draft PEIR is hereby amended as follows: Figure 4.14-1922 Cumulative PM Peak Hour Roadway Segment LOS (2035) Table 4.14-13 on page 4.14-60 of the Draft PEIR is hereby amended as follows: TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Whitesbridge Ave.: 1. Marks Ave. to Roeding Dr. 4-lane Divided Collector AM 180 0.12 C 1,280 0.34 D 1,970 0.53 D PM 260 0.18 C 1,650 0.44 D 2,310 0.62 D Whitesbridge Ave.: 2. Roeding Dr. to Thorne Ave. 2-lane Collector with TWLTL AM 110 0.08 C 360 0.24 D 1,120 0.63 D PM 210 0.14 C 560 0.38 D 1,340 0.76 D Kearney Blvd.: Marks Ave. 3. to West Ave. 2-lane Undivided Collector AM 290 0.19 C 730 0.50 D 970 0.65 D PM 210 0.14 C 710 0.48 D 1,000 0.68 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-37 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Kearney Blvd.: West Ave. 4. to Thorne Ave. 2-lane Undivided Collector AM 240 0.16 C 620 0.42 D 1,090 0.73 D PM 170 0.12 C 600 0.41 D 1,150 0.78 D California Ave.: 5. Marks Ave. to West Ave. 2-lane Collector with TWLTL AM 180 0.12 C 440 0.25 D 1,030 0.58 D PM 170 0.12 C 480 0.27 D 1,140 0.65 D California Ave.: West Ave. 6. to Fresno St. 4-lane Divided Arterial AM 350 0.19 C 1,350 0.36 D 2,280 0.61 D PM 430 0.23 C 1,510 0.40 D 2,700 0.72 D California Ave.: Fresno St. 7. to Martin Luther KingLK Jr. Blvd. 2-lane Arterial with TWLTL AM 590 0.34 D 790 0.45 D 1,200 0.68 D PM 550 0.31 D 790 0.45 D 1,340 0.76 D Ventura St: Martin Luther 8. KingLK Jr. Blvd. to B St.reet 4-lane Divided Arterial AM 930 0.25 C 2,100 0.56 D 2,570 0.69 D PM 840 0.22 C 2,130 0.57 D 2,860 0.77 D Church Ave.: Marks Ave. 9. to West Ave. 2-lane Undivided Collector AM 80 0.05 C 570 0.39 D 670 0.45 D PM 120 0.08 C 670 0.45 D 740 0.50 D Church Ave.: West Ave. to 10. Walnut Ave. 2-lane Collector with TWLTL AM 150 0.10 C 690 0.39 D 1,140 0.65 D PM 170 0.11 C 770 0.44 D 1,240 0.71 D Church Ave.: Walnut Ave. 11. to Elm Ave. 2-lane Collector with TWLTL AM 390 0.22 C 870 0.49 D 1,780 1.01 F PM 370 0.21 C 880 0.50 D 1,830 1.04 F Jensen Ave.: Marks Ave. 12. to West Ave. 4-lane Divided Arterial AM 320 0.22 C 390 0.27 D 1,790 0.48 D PM 410 0.28 D 510 0.34 D 2,130 0.57 D Jensen Ave.: West Ave. 13. to Walnut Ave. 4-lane Divided Arterial AM 420 0.28 D 1,300 0.35 D 2,080 0.56 D PM 560 0.38 D 1,520 0.41 D 2,530 0.68 D Jensen Ave.: Walnut Ave. 14. to Elm Ave. 4-lane Divided Arterial AM 730 0.20 C 2,110 0.56 D 2,870 0.77 D PM 920 0.25 C 2,320 0.62 D 3,260 0.87 D North Ave.: Walnut Ave. 15. to Elm Ave. 2-lane Arterial with TWLTL AM 380 0.26 D 1,060 0.60 D 1,500 0.85 D PM 340 0.23 D 1,150 0.65 D 1,620 0.92 E Marks Ave.: Whitesbridge 16. Ave. to California Ave. 4-lane Divided Arterial AM 620 0.34 D 1,790 0.48 D 2,400 0.64 D PM 670 0.36 D 2,050 0.55 D 2,830 0.76 D Marks Ave.: California 17. Ave. to Jensen Ave. 4-lane Divided Arterial AM 140 0.10 C 100 0.07 C 1,290 0.35 D PM 210 0.14 C 170 0.12 C 1,500 0.40 D Hughes Ave./Roeding Dr.: 18. Nielsen Ave. to Whitesbridge Ave. 4-lane Divided Collector AM 200 0.05 C 660 0.18 C 1,600 0.43 D PM 230 0.06 C 760 0.20 C 1,890 0.51 D Hughes Ave.: 19. Whitesbridge Ave. to California Ave. 2-lane Undivided Collector AM 20 0.02 C 420 0.29 D 880 0.60 D PM 50 0.03 C 530 0.36 D 920 0.62 D SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-38 OCTOBER 2017 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Hughes Ave.: California 20. Ave. to Church Ave. 2-lane Undivided Collector AM 20 0.01 C 260 0.18 C 660 0.44 D PM 30 0.02 C 320 0.22 C 750 0.51 D Roeding Dr./West Ave.: 21. Whitesbridge Ave. to California Ave. 2-lane Divided Collector AM 80 0.06 C 410 0.22 C 1,010 0.54 D PM 80 0.05 C 440 0.24 C 1,140 0.61 D West Ave.: California Ave. 22. to Jensen Ave. 2-lane Collector with TWLTL AM 70 0.05 C 530 0.30 D 1,270 0.72 D PM 80 0.05 C 580 0.33 D 1,320 0.75 D Fruit Ave.: California Ave. 23. to Jensen Ave. 2-lane Undivided Collector AM 140 0.09 C 750 0.51 D 870 0.59 D PM 180 0.12 C 810 0.55 D 950 0.64 D Thorne Ave.: 24. Whitesbridge Ave. to California Ave. 2-lane Collector with TWLTL AM 240 0.14 C 510 0.29 D 700 0.39 D PM 270 0.15 C 600 0.34 D 810 0.46 D Walnut Ave.: California 25. Ave. to Jensen Ave. 2-lane Undivided Collector AM 380 0.26 D 1,030 0.70 D 1,200 0.81 D PM 350 0.24 D 1,100 0.74 D 1,370 0.93 E Walnut Ave.: Jensen Ave. 26. to North Ave. 2-lane Collector with TWLTL AM 20 0.01 C 730 0.41 D 1,160 0.66 D PM 50 0.04 C 820 0.47 D 1,240 0.71 D Martin Luther King Jr. 27. Blvd.: California Ave. to Jensen Ave. 2-lane Collector with TWLTL AM 500 0.28 D 1,370 0.78 D 1,420 0.80 D PM 520 0.29 D 1,400 0.80 D 1,520 0.86 D Martin Luther King Jr. 28. Blvd.: Jensen Ave. to North Ave. 2-lane Collector with TWLTL AM 330 0.22 C 1,050 0.60 D 1,090 0.62 D PM 290 0.20 C 1,070 0.61 D 1,120 0.64 D Elm Ave.: Ventura St. to 29. Jensen Ave. 4-lane Divided Arterial AM 290 0.08 C 580 0.16 C 1,090 0.29 D PM 600 0.16 C 970 0.26 C 1,630 0.44 D Elm Ave.: Jensen Ave. to 30. North Ave. 2-lane Divided Arterial AM 240 0.06 C 670 0.36 D 770 0.41 D PM 420 0.11 C 920 0.49 D 1,090 0.58 D Notes: BOLD text indicates the roadway operates at an unacceptable LOS based on the LOS standards presented in Table 4.14-5. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. Roadway classifications reflect cumulative roadway configuration (see The third through eighth policy text on page 4.14-49 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.1: Work with existing industrial and heavy commercial businesses to identify alternative truck routes that limit negative impacts on sensitive areas while maintaining an efficient movement of goods. Policy T-910.3: Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-39 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left- turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.2 Identify streets with excessive vehicular ROW that are opportunities to implement traffic calming and other improvements to slow traffic and provide options for multi- modal travel. Policy T-101.3 Encourage lower vehicular travel speeds for collector and local streets in the Plan Area. This could be accomplished through traffic calming measures, narrower travel lanes, reducing the number of travel lanes, neighborhood speed watch/traffic management programs, or speed enforcement programs. The fourth through sixth bullets on page 4.14-52 of the Draft PEIR are hereby amended as follows: Goal T-910: Create a healthy environment for Southwest Fresno residents by intentionally routing truck traffic away from sensitive areas such as residential areas, parks, and schools. Policy T-910.3 Improve conditions of existing and rerouted truck routes for pedestrians and bicyclists by implementing pedestrian and bicycle facilities such as reduced corner radii at intersections to slow turning vehicular traffic, protected signal phasing for truck left- turns, enhanced high-visibility crossings, protected bikeways, and wide sidewalks. Goal T-101: Create an accessible and well-connected “complete streets” transportation network that serves community members of all ages, income groups, and abilities, and balances travel by all modes of travel such as by car, bus, bicycle, foot, or wheelchair. Policy T-101.1 When feasible, design new roadways and retrofit existing roadways within magnet cores, complete neighborhoods, and along special corridors to prioritize travel by walking, bicycling, and riding transit, using the complete streets design guidelines contained in this chapter. For example, if adequate or excessive vehicle traffic capacity is available, create wide sidewalks, provide pedestrian amenities, and install bicycle facilities such as separated bikeways or bike lanes, bike parking, and signage. This could be in the form of a “road diet” to transform certain corridors into multi-modal streets. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-40 OCTOBER 2017 TABLE 4.14-13 PEAK HOUR ROADWAY SEGMENT OPERATIONS – CUMULATIVE CONDITIONS (2035) Roadway Segment Classificationa Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Volume V/Cb LOSc Volume V/Cb LOSc Volume V/Cb LOSc Goal T-112: Foster a healthy lifestyle in Southwest Fresno through encouraging active forms of transportation such as walking and bicycling as an alternative to motorized modes of travel. Policy T-112.1 Prioritize the implementation of facilities that encourage walking and biking, such as sidewalks, multi-use trails, and bikeways. The first and second policy text on page 4.14-53 of the Draft PEIR are hereby amended as follows: Policy T-112.3 Support Transportation Demand Management (TDM) programs to encourage alternative modes of travel to the single-occupancy vehicle such as transit use, car- or vanpool, rideshare, and telecommuting. Goal T-134: Ensure that Southwest Fresno’s transportation infrastructure is in well-maintained conditions to provide a comfortable travel experience for pedestrians and bicyclists. Policy T-134.2 Monitor the conditions of roadways to ensure the repair and resurfacing of cracked and uneven roadway surfaces to provide a smooth and even surface for bicycling. The first paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: Figure 4.14-168 shows the planned number of lanes on the roadway network in the Plan Area under cumulative conditions. The third paragraph on page 4.14-54 of the Draft PEIR is hereby amended as follows: To forecast cumulative traffic levels with the proposed Plan, the development potential associated with the proposed Plan was included in the Fresno General Plan MEIR TDF model representing 2035 conditions with the Fresno General Plan. This model includes development consistent with the Fresno General Plan and Fresno Downtown pPlans outside of the Plan Area, as well as the roadway projects identified above to match the roadway network presented in Figure 4.14-168. The title of Figure 4.14-16 on page 4.14-55 of the Draft PEIR is hereby amended as follows: 4.14-169). Descriptions of classifications are presented in the Local Roadways section: Undivided = roadways without physical separation between opposing directions of travel TWLTL = two-way left-turn lane: a center lane exclusively for left-turning vehicles from either direction, which also provides space between opposing directions of travel Divided = roadways with physical separation between opposing directions of travel, such as a raised median b. Volume-to-capacity ratio; capacity defined as the LOS E/F threshold as presented in Table 4.14-6. c. Level of service based on volume thresholds presented in Table 4.14-6. Source: Fehr & Peers, 2017. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-41 The fifth paragraph on page 4.14-62 of the Draft PEIR is hereby amended as follows: Table 4.14-14 presents the AM and PM peak hour LOS for each study intersection under cumulative conditions (refer to Appendix HG for calculations). As shown in Table 4.14-14, the following intersections would operate at LOS E or LOS F under cumulative conditions during the AM peak hour, PM peak hour, or both AM and PM peak hours: Table 4.14-14 on page 4.14-63 of the Draft PEIR is hereby amended as follows: TABLE 4.14-14 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS (2035) Intersection Traffic Control Peak Hour Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) Delaya LOSb Delaya LOSb Delaya LOSb SR-41 Southbound Ramps/Jensen Ave. 1.Signal AM 9 A 2722 C 33 C PM 7 A 22 C 35 D SR-41 Northbound Ramps/Jensen Ave. 2.Signal AM 4 A 4 A 5 A PM 4 A 5 A 5 A SR-99 Southbound Ramps/East 3. Ave./Jensen Ave. Signal AM 61 E 61 E 109 F PM 29 C 35 D 119 F SR-99 Northbound Ramps/East 4. Ave./Jensen Ave. Signal AM 53 D 94 39 F D 73 E PM 46 D 74 31 E C 50 D SR-41 Southbound Ramps/North Ave. 5.Signal AM 23 C 94 53 F D 100 F PM 13 B 91 45 F D 48 D SR-41 Northbound Ramps/North Ave. 6.Signal AM 9 A 56 18 E B 25 C PM 12 B 104 28 F C 45 D SR-99 Southbound Ramps/Fresno St. 7.Signal AM 24 C 51 27 D C 60 E PM 18 B 51 25 D C 59 E SR-99 Northbound Ramps/Fresno St. 8.Signal AM 15 B 18 19 B 33 C PM 19 B 54 32 D C 75 E Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-42 OCTOBER 2017 Table 4.14-15 on page 4.14-64 of the Draft PEIR is hereby amended as follows: TABLE 4.14-15 PEAK HOUR FREEWAY OFF-RAMP QUEUING – CUMULATIVE CONDITIONS (2035) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Existing Plus Proposed Plan (2017) Cumulative Conditions (2035) SR-41 Southbound Off-Ramp at Jensen 1. Ave. 1,380 ft. 420 ft. AM 75 ft. 600 ft.* 950 ft.* PM 75 ft. 550 ft.* 1,125 ft.* SR-41 Northbound Off-Ramp at Jensen 2. Ave. 1,470 ft. 420 ft. AM 50 ft. 50 ft. 50 ft. PM 50 ft. 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Jensen 3. Ave. 1,440 ft. 420 ft. AM 625 ft.* 650 ft.* 1,175 ft.* PM 450 ft.* 475 ft.* 1,100 ft.* SR-99 Northbound Off-Ramp at Jensen 4. Ave. 1,050 ft. 420 ft. AM 225 ft.* 400 ft.* 600 ft.* PM 250 ft.* 500 ft.* 650 ft.* SR-41 Southbound Off-Ramp at North 5. Ave. 1,575 ft. 270 ft. AM 250 ft. 275 ft.* 1,100 ft.* PM 75 ft. 75 ft. 875 ft.* SR-41 Northbound Off-Ramp at North 6. Ave. 1,700 ft. 270 ft. AM 25 ft. 50 ft. 75 ft. PM 50 ft. 50 ft. 50 ft. SR-99 Southbound Off-Ramp at Fresno 7. St. 1,030 ft. 270 ft. AM 100 ft. 400 ft.* 750 ft.* PM 150 ft. 150 ft. 500 ft.* SR-99 Northbound Off-Ramp at Fresno 8. St. 1,070 ft. 270 ft. AM 75 ft. 100 ft. 550 ft.* PM 100 ft. 125 ft. 525 ft.* Notes: BOLD text indicates the off-ramp queue is expected to extend back through the entire off-ramp and onto the freeway mainline. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. The first full paragraph on page 4.14-67 of the Draft PEIR is hereby amended as follows: In addition to addressing intersection operations, the changes identified above also address freeway off- ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix HG for calculations). SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-43 Table 4.14-16 on page 4.14-67 of the Draft PEIR is hereby amended as follows: TABLE 4.14-16 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS WITH MITIGATIONS (2035) Traffic Control Peak Hour Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) Intersection Delaya LOSb Delaya LOSb Delaya LOSb 3. SR-99 Southbound Ramps/East Ave./Jensen Ave. Signal AM 61 E 109 F 46 D PM 29 C 119 F 52 D 4. SR-99 Northbound Ramps/East Ave./Jensen Ave. Signal AM 53 D 73 E 27 C PM 46 D 50 D 27 C 5. SR-41 Southbound Ramps/North Ave. Signal AM 23 C 100 F 34 C PM 13 B 48 D 22 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The first full paragraph on page 4.14-68 of the Draft PEIR is hereby amended as follows: With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 17 below (refer to Appendix HG for calculations). Table 4.14-17 on page 4.14-68 of the Draft PEIR is hereby amended as follows: TABLE 4.14-17 PEAK HOUR INTERSECTION OPERATIONS – CUMULATIVE CONDITIONS WITH MITIGATIONS (2035) Traffic Control Peak Hour Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) Intersection Delaya LOSb Delaya LOSb Delaya LOSb 7. SR-99 Southbound Ramps/Fresno St. Signal AM 24 C 60 E 46 D PM 18 B 59 E 52 D 8. SR-99 Northbound Ramps/Fresno St. Signal AM 15 B 33 C 27 C PM 19 B 75 E 27 C Notes: BOLD text indicates the intersection operates at an unacceptable LOS based on Caltrans concept LOS. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. a. The overall average intersection control delay is reported in seconds per vehicle. b. Level of service based on Highway Capacity Manual (Transportation Research Board, 2010). Source: Fehr & Peers, 2017. The third paragraph on page 4.14-69 of the Draft PEIR is hereby amended as follows: Table 4.14-18 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix HG for calculations). While these SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-44 OCTOBER 2017 changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off-ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. Table 4.14-18 on page 4.14-69 of the Draft PEIR is hereby amended as follows: TABLE 4.14-18 PEAK HOUR FREEWAY OFF-RAMP QUEUING – CUMULATIVE CONDITIONS WITH MITIGATIONS (2017) Freeway Off-Ramp Ramp Lengtha Deceleration Lengthb Peak Hour 95th Percentile Queuebc Existing Conditions (2017) Cumulative Conditions (2035) Cumulative with Mitigation (2035) 1. SR-41 Southbound Off-Ramp at Jensen Ave. 1,380 ft. 420 ft. AM 75 ft. 950 ft.* 550 ft. PM 75 ft. 1,125 ft.* 675 ft.* 3. SR-99 Southbound Off-Ramp at Jensen Ave. 1,440 ft. 420 ft. AM 625 ft.* 1,175 ft.* 625 ft.* PM 450 ft.* 1,100 ft.* 650 ft.* 4. SR-99 Northbound Off-Ramp at Jensen Ave. 1,050 ft. 420 ft. AM 225 ft.* 600 ft.* 250 ft. PM 250 ft.* 650 ft.* 450 ft.* 5. SR-41 Southbound Off-Ramp at North Ave. 1,575 ft. 270 ft. AM 250 ft. 1,100 ft.* 550 ft. PM 75 ft. 875 ft.* 275 ft. 7. SR-99 Southbound Off-Ramp at Fresno St. 1,030 ft. 270 ft. AM 100 ft. 750 ft.* 500 ft. PM 150 ft. 500 ft.* 475 ft.* Notes: BOLD text indicates the off-ramp queue extends through the entire off-ramp and onto the freeway mainline. UNDERLINED text indicates the proposed Plan would have a significant impact based on the significance criteria presented in the Methodology section. * = 95th percentile volume exceeds capacity; the actual queue may be longer than reported. a. The ramp length is estimated by measuring the distance from the gore point where the off-ramp departs from the mainline to the limit line at the ramp terminal intersection with the local street, as measured from aerial imagery. Distance is reported in feet. b. The ramp deceleration length is estimated based on data from the table presented with Figure 504.2B in Caltrans Highway Design Manual. The deceleration length is measured from the ramp gore point where the off-ramp departs from the mainline. c. 95th Percentile Queue calculated using Synchro software. Queue is reported in feet and rounded up to the nearest 25-foot interval. Source: Fehr & Peers, 2017. 3.11 REVISIONS TO CHAPTER 4.15, UTILITY SYSTEMS The discussion under Impact UTIL-5 on page 4.15-21 of the Draft PEIR is hereby amended as follows: As shown in Table 4.15-4, the proposed Plan would increase water use by 3 percent compared to the adopted General Plan. Such an increase in water use would occur throughout the Plan Area; some areas would experience and increase while other areas would experience a decrease. Similar to the adopted General Plan, water use is projected to increase as growth occurs through the planning horizon year. During this time, the structure of water supply and distribution systems will vary in design but the costs and basic infrastructure for both alternatives are similar and for planning purposes equivalent with SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-45 respect to scope and cost for both fixed and operating costs. For the purposes of the water supply, it was assumed growth within the Plan Area will occur as described earlier in this draft EIR, on currently vacant or underutilized parcels. To reduce the potential impacts associated with increased water use, the City will be required to increase water supplies. The City is currently in the process of a decades-long effort to change from an almost exclusive reliance on groundwater to providing the majority of its water from newly developed surface water sources. The potential long-term impacts related to water supply, treatment and distribution requirements of the baseline versus proposed plans differ by 3 percent and are In the context of the City’s long-term improvement plans for water treatment and distribution, requirements of the baseline General Plan, and the proposed difference of 3 percent for the proposed plan, the difference is considered nominal and therefore, less than significant for full implementation of the proposed Plan. The discussion under Impact UTIL-6 on page 4.15-22 of the Draft PEIR is hereby amended as follows: As shown in Table 4.15-4, the proposed Plan would increase water use by 3 percent from the current General Plan. Such an increase in water use would occur throughout the Plan Area; some areas would experience and increase while other areas would experience a decrease. Under both the proposed Plan and the adopted General Plan, water use is projected to increase as growth occurs through the planning horizon year. The City would be required to increase water supplies to accommodate the growth projected under both the adopted General Plan and the proposed Plan. The City is undergoing a decades-long process of changing from a nearly exclusive reliance on groundwater to providing the majority of its water from surface water sources. As a tiered EIR from the adopted General Plan MEIR, growth projected under the proposed Plan would not result in greater impacts than analyzed in the MEIR, as policies in the adopted General Plan would reduce the potential impacts associated with increasing the City’s available and sustainable water supply, including those associated with the proposed Plan. In the context of the City’s long-term improvement plans for water supply, requirements of the baseline General Plan, and the proposed Plan difference of 3 percent, the increase is nominal and less than significant. Waste supply and impacts would be less than significant upon compliance with regulatory requirements and proposed policies for full implementation of the proposed Plan. The second full paragraph on page 4.15-27 of the Draft PEIR is hereby amended as follows: Recycled water, an important future water source for the City of Fresno, is not yet utilized in the Plan Area. However, implementation of Tthe proposed Plan presents an opportunity to integrate recycled water use into the associated improvements with buildout of the City of Fresno’s rRecycled water system. Green field installation of a distribution system at the initial development stage provides opportunity to plan SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-46 OCTOBER 2017 optimum recycled water utilization within the Plan Area. According to the City of Fresno Public Utilities Water Division, recycled water “is currently produced and used in small amounts within select areas of the City.” The City plans to increase the supply of recycled water for landscape, irrigation, and other non- potable uses, which would account for 11 percent of the City’s water supply by the year 2025.22 The discussion under Impact UTIL-8 on page 4.15-27 of the Draft PEIR is hereby amended as follows: Recycled water is a major will be a significant contributor to the area’s future water supply system. The principal impact of providing recycled water is the overall water supply rather than direct shortages for end users. This is due to the ability to trade off and supplement recycled water supply from other sources. Overall water impacts are covered in the water supply discussion and omitted here. Under Impacts UTIL-5 and UTIL-6, impacts were found to be less than significant. Therefore, impacts related to the construction of new reclaimed water treatment facilities or expansion of baseline facilities would be less than significant. Benefits and advantages of recycled water fundamentally derive from its ability to reduce overall water supply requirements by effectively allowing water to be “used” more than a single time. The impacts of reclaimed water treatment facilities are likewise intertwined with ground water and surface water treatment facility capacity and expansion. Therefore, there is a self-mitigating effect with respect to recycled water facilities that offsets incremental increases in recycled water capacity with decreases in water supply and treatment requirements which allows a finding of less than significant impacts with increases in water use for the proposed Plan. The discussion under Impact UTIL-9 on page 4.15-28 of the Draft PEIR is hereby amended as follows: Recycled water supply shortage impacts would be significant both in real impacts but also in the cost of non-compliance with regulatory requirements and proposed policies. Mitigation measures are those identified in the wastewater supply discussion, As discussed under Impact UTIL-1, implementation of the approved Fresno General Plan and therefore the proposed Plan will result in the need for expansion and new wastewater treatment facilities to serve projected growth. In addition, according to the City of Fresno Metropolitan Water Resources Management Plan Phase 2, the expansion and new surface water treatment facilities will be needed to increase water supplies within the Plan Area. However, as described in Section 4.15.3.1 above, the purpose of the State of California’s Recycled Water Policy is to increase the use of recycled water from municipal wastewater sources in a manner that implements State and federal water quality laws. When used in compliance with the Recycled Water Policy, water recycling criteria in Title 22 of the California Code of Regulations, and all applicable State and federal water quality laws, the State Water Board finds that recycled water is safe for approved uses. The State Water Board strongly supports recycled water as a safe alternative to potable water for such approved uses. Further, Wwith implementation of MEIR Mitigation Measures USS-1 through USS-3, impacts related to the sufficient of reclaimed water supplies available to serve the proposed Plan would be less than significant. SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR PLACEWORKS 3-47 The discussion under Impact UTIL-10 on page 4.15-28 of the Draft PEIR is hereby amended as follows: The study area for cumulative impacts regarding recycled water supply is the City of Fresno Planning Area and the groundwater basins from which the Plan Area derives water. As discussed under Impact UTIL-3, implementation of the proposed Plan would result in the need for expansion and new wastewater treatment facilities to serve projected growth. This significance is mitigated by implementation of MEIR Mitigation Measures USS-1 through USS-3. However, as described in Section 4.15.3.1 above, the purpose of the State of California’s Recycled Water Policy is to increase the use of recycled water from municipal wastewater sources in a manner that implements State and federal water quality laws. When used in compliance with the Recycled Water Policy, water recycling criteria in Title 22 of the California Code of Regulations, and all applicable State and federal water quality laws, the State Water Board finds that recycled water is safe for the approved uses. The State Water Board strongly supports recycled water as a safe alternative to potable water for approved uses. Recycled water supply cumulative impacts would be less than significant upon compliance with regulatory requirements and proposed policies for full implementation of the proposed Plan. With implementation of MEIR Mitigation Measures USS-1 through USS-3, in accordance with State and City of Fresno policies, plans, and requirements, cumulative impacts related to the sufficient supply of reclaimed water to serve the proposed Plan would be less than significant. The third paragraph on page 4.15-32 of the Draft PEIR is hereby amended as follows: Improvements in the irrigation system will be required with implementation of the proposed Plan. Modifications will be required so that facilities are consistent with an developed urban context setting. These improvement costs are not controlled nor borne by the FID, but by developers which lead in determining both the scope and cost of the associated improvements. Those costs are included in general improvement budgets such as street construction and stormwater projects. This is appropriate as no primary irrigation benefit accrues to the utility owner. The requirements of the final design are principally a function of the property developer. As a rule, All work must meet the FID standards and requirements for an urban setting. easement generally remains but Wwhether a canal is preserved as-is, improved, or replaced with a pipeline is determined by the developer of the project FID. In addition, FID is an interested participant and remains the facility owner involved in planning, design, and approving improvements, but scope and costs for these improvements are included in the development projects. Table 4.15-7 on page 4.15-33 is hereby amended as follows: TABLE 4.15-7 DRAINAGE SYSTEM REQUIRED CAPACITY BY DRAINAGE AREA Drainage Area Proposed Plan Watershed Area Basin Sizea (Acres) General Plan Required Basin Volume (Acre-Feet) Proposed Plan Required Basin Volume (Acre-Feet) Difference (%) Basin AR 0.5 .23 .23 0.0% Basin AS 637 126.06 130.79 3.8% SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO REVISIONS TO THE DRAFT EIR 3-48 OCTOBER 2017 TABLE 4.15-7 DRAINAGE SYSTEM REQUIRED CAPACITY BY DRAINAGE AREA Drainage Area Proposed Plan Watershed Area Basin Sizea (Acres) General Plan Required Basin Volume (Acre-Feet) Proposed Plan Required Basin Volume (Acre-Feet) Difference (%) Basin Au 376 70.76 81.07 14.6% Basin AV 526 178.00 148.92 -16.3% Basin CEb 0 0.0 0.0% 0.0% Basin CP 311 61.97 53.82 -13.2% Basin CQ 220 46.76 52.25 11.8% Basin FF 273 62.68 62.68 0.0% Basin II1 168 39.88 41.51 4.1% Basin KK 250 79.83 73.61 -7.8% Basin NN 789 170.92 163.35 -4.4% Basin OO 113 33.49 33.46 0.0% Basin RR 12.4 1.41 1.41 0.0% Basin SS 520 117.44 119.28 1.6% Basin TT 563 140.39 138.85 -3.9% Basin ZZ 225 57.59 61.34 6.5% EXEMPT 101 43.86 43.74 -.3% Out of Drainage Area 774 115.03 144.97 26.0% Total 5,859 1,346.3 1347.3 0.1% a. Denotes watershed area (acres) located within Plan Area. b. Drainage area CE is located within the Plan Area; however, the Drainage Area has no contributing watershed within the Plan Area. Source: Blair, Church & Flynn, 2017. PLACEWORKS 4-1 4. List of Commenters Comments on the Draft PEIR were received from the following agencies, organizations, and individuals. Letters are arranged by category and by the date received. Each comment letter has been assigned a number, as indicated below. These letters are included in and responded to in Table 5-1 of this Final PEIR. 4.1 GOVERNMENT AGENCIES AND SERVICE PROVIDERS GOV1 Laurence Kimura, P.E, Chief Engineer, Fresno Irrigation District, September 1, 2017 GOV2 Julie A. Vance, Regional Manager, California Department of Fish and Wildlife, September 21, 2017 GOV3 Michael Navarro, Chief, Transportation Planning - North, California Department of Transportation, September 25, 2017 GOV4 Thomas W. Barth, Barth Daly LLP, Washington Unified School District, September 25, 2017 GOV5 Steven E. White, Director, Fresno County Department of Public Works and Planning, September 25, 2017 GOV6 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District, September 27, 2017 GOV 7 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District, September 28, 2017 4.2 NON-GOVERNMENTAL ORGANIZATIONS & PRIVATE COMPANIES ORG1 Terance Frazier, TFS Investments, LLC, August 11, 2017 ORG2 Lee Ayres, Chief Executive Officer, San Joaquin Green/Tree Fresno, August 27, 2017 ORG3 Christopher Hall, Partner, McCormick Barstow LLP, Darling Ingredients, Inc., September 25, 2017 ORG4 Andy Levine, et al., Leadership Counsel for Justice & Accountability, September 25, 2017 4.3 MEMBERS OF THE PUBLIC PUB1 Gwendolyn Leffall, September 18, 2017 PUB2 Eric Payne, Southwest Fresno Specific Plan Steering Committee Member, September 19, 2017 PUB3 Tat e Hill, Southwest Fresno Specific Plan Steering Committee Member, September 21, 2017 PUB4 Lillie, September 25, 2017 PUB5 Rosalyn Warren, et al., September 19, 2017 SOUTHWEST FRESNO SPECIFIC PLAN FINAL EIR CITY OF FRESNO LIST OF COMMENTERS 4-2 OCTOBER 2017 4.4 COMMENTS RECEIVED AFTER CLOSE OF THE PUBLIC COMMENT PERIOD GOV8 Brian Clements, Program Manager, San Joaquin Valley Air Pollution Control District, September 28, 2017 PUB6 Jeff Roberts, Southwest Fresno Specific Plan Steering Committee Member, September 28, 2017 PLACEWORKS 5-1 5. Comments and Responses This chapter includes a reproduction of, and responses to, each comment letter on the Draft Program Environmental Impact Report (PEIR) received during the public review period. Comments are presented in their original format in Appendix H, along with annotations that identify each individual comment number. Responses to individual comments are provided in this chapter alongside the text of each corresponding comment. Letters follow the same order as listed in Chapter 4 of this Final EIR and are categorized by:  Governmental Agencies  Private Organizations  Private Individuals Letters are arranged by category and then by date received. Where the same comment has been made more than once, a response may direct the reader to another numbered comment and response. Responses to individual comments are presented in Table 5-1. The California Environmental Quality Act (CEQA) requires the Final EIR to provide written responses to comments received on the environmental analysis in the Draft PEIR during the public review period. The City received several such letters from agencies and the general public, as noted above. However, some of the public comments related to the merits of the proposed Southwest Fresno Specific Plan (referred to as the “proposed Plan”), as opposed to comments on the environmental analysis in the Draft PEIR. CEQA does not require the Final EIR to respond to comments on the merits of the proposed Plan; however, in light of the numerous comments on the merits, the City has prepared the following master responses to explain the basis for not preparing detailed responses on these non-CEQA comments. 5.1 MASTER RESPONSES The following master responses provide a more detailed response to some of the issues of particular concern or that were commonly referred to in the comment letters received on the Draft PEIR. Where appropriate, the responses in Table 5-1 refer the commenter to the some or all of the following master responses to address a particular concern. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-2 OCTOBER 2017 5.1.1 MASTER RESPONSE 1: COMMENTS RELATED TO THE MERITS OF THE PROPOSED SOUTHWEST FRESNO SPECIFIC PLAN During the review period for the Draft PEIR, members of the public submitted several comments that related to the details of the proposed Plan, conveying the commenter’s opinion or addressing the relative consequences or benefits of the proposed Plan (referred to here as “merits of the proposed Plan”), rather than the adequacy of the Draft PEIR or the environmental issues, impacts, and mitigation measures addressed in the Draft PEIR. It is important for the City in its decision-making process to consider both the adequacy of the Draft PEIR and the merits of the proposed Plan. However, the City as Lead Agency is only required by CEQA to respond to comments on pertinent environmental issues related to the adequacy of the Draft PEIR. Section 15204 of the CEQA Guidelines provides direction for parties reviewing and providing comment on a Draft PEIR, as follows: In reviewing draft EIRs, persons and public agencies should focus on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated. Section 15204 continues in relation to the role of the Lead Agency in responding to comments on the Draft PEIR: When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. Where comments in Table 5-1 refer to the merits of the proposed Plan, the response indicates that the comment does not address the adequacy of the Draft PEIR and cross references to this Master Response. Although comments related to the merits of the proposed Plan do not require responses in the Final EIR, they do provide important input to the decision-making process. Therefore, merit- and opinion-based comment letters are included in the Final EIR to be available to the decision-makers when considering whether to adopt the proposed Plan. However, written responses in Table 5-1 will focus on the environmental analysis. All letters received during the public comment period will be forwarded to decision makers. As an effort to specifically address merit- and opinion-based comment letters related to the proposed Plan, responses to these comments are provided in a separate comment matrix, provided by the City. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-3 5.1.2 MASTER RESPONSE 2: SPECULATION WITHOUT SUBSTANTIAL EVIDENCE Multiple comments assert or request that impacts identified as less than significant in the Draft PEIR should be considered significant, or that the significance conclusions of the EIR should otherwise be revised. However, some of the commenters did not provide substantial evidence in support of their assertions regarding changing impact conclusions. Predicting the project’s physical impacts on the environment without firm facts to support the analysis would require a level of speculation that is inappropriate for an EIR. The CEQA analysis included in the Draft PEIR is based on the CEQA Appendix G Checklist, which establishes specific thresholds of significance for each environmental resource category included in Appendix G (i.e., Aesthetics, Air Quality, Biological Resources, etc.). Each impact conclusion in the Draft PEIR is based on those thresholds that are specific to each of the environmental resources categories as the basis for the environmental analysis. CEQA Section 21082.2(a) requires that the Lead Agency “shall determine whether a project may have a significant effect on the environment based on substantial evidence in light of the whole record.” CEQA Guidelines Section 15384(a) clarifies that: “Substantial evidence”… means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment, does not constitute substantial evidence. CEQA Guidelines Section 15384(b) goes on to state that “substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.” Where there are no facts available to substantiate a commenter’s assertion that the physical environment could ultimately be significantly impacted as a direct result of the project, the City, acting as the Lead Agency, is not required to analyze that effect, nor to mitigate that effect. Section 15204(c) of the CEQA Guidelines advises reviewers that comments should be accompanied by factual support: Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinions supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence. Under CEQA, the decision as to whether an environmental effect should be considered significant is reserved to the discretion of the Lead Agency based on substantial evidence in the record as a whole. The analysis of the Draft PEIR is based on scientific and factual data, which has been reviewed by the Lead Agency and reflects its own independent judgement and conclusions. CEQA permits disagreements of SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-4 OCTOBER 2017 opinion with respect to environmental issues addressed in an EIR. Section 15151 of the CEQA Guidelines states, “[d]isagreeement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among experts.” 5.1.3 MASTER RESPONSE 3: COMMENTS RELATED TO QUALITY OF LIFE, ECONOMICS, OR FINANCIAL ISSUES Multiple comments refer to issues related to quality of life, economic, or financial issues. For example, some of these comments express concerns about effects on local businesses, the local economy, or the enjoyability of the neighborhood with implementation of the proposed Plan. Consistent with the CEQA Guidelines Section 15131, Economic and Social Effects, the Draft PEIR is not meant to address quality of life, and economic or financial issues, rather, the purpose of CEQA and the Draft PEIR is to fully analyze and mitigate the project’s potentially significant physical impacts on the environment to the extent feasible. 5.2 INDIVIDUAL RESPONSES Responses to individual comments are presented in Table 5-1, below. Individual comments are reproduced from the original versions in Appendix H, along with the comment numbers shown in the appendix, followed by the response. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-5 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response A. Governmental Agencies GOV1 9/1/2017 Laurence Kimura, P.E., Chief Engineer, Fresno Irrigation District GOV1-01 The Fresno Irrigation District (FID) has reviewed the Southwest Fresno Specific Plan Environmental Impact Report for the City of Fresno (Project). The Specific Plan Area consists of 3,255 acres in size and lies within the southwestern area of the City of Fresno, within Fresno County. The Specific Plan Area is bounded by Highway 180 in the north and by Highway 41 in the east. It does not include the Downtown Neighborhoods Community Plan Area, nor does it include the land currently in Fresno County that is outside city limits but within the Sphere of Influence (SOI) of the City's General Plan, with one exception. The one area in the SOI that is part of the Specific Plan Area is an approximately 115-acre site bounded by Church Avenue on the north, Jensen Avenue on the south, Knight Avenue on the west, and Martin Luther King, Jr. Boulevard on the east. We appreciate the opportunity to review and comment on the subject documents for the proposed Specific Plan. Your proposed Plan is a significant development and requires thorough and careful consideration of all of the potential impacts. Our comments are as follows: Impacted Facilities 1. FID has many canals within the Plan Area as shown on the attached FID exhibit map. The major facilities include: Teilman No. 79, Lower Dry Creek No. 77, Fanning No. 76, Braly No. 14, and Fresno Colony No. 24. FID's canals range from smaller diameter pipelines to large open canals. In many cases, the existing facilities will need to be relocated to accommodate new urban developments which will require new pipelines and new exclusive easements. FID anticipates it will require the same conditions on future projects as it would with any other project located within the common boundary of the City of Fresno and FID. FID will require that it review and approve all maps and plans which impact FID canals and easements. The comment expresses concern regarding Fresno Irrigation District (FID) impacted facilities. As stated under Impact UTIL-12 on page 4.15-34 of the Draft PEIR, discretionary projects under the proposed Plan would be required to comply with all existing applicable regulations, policy, agreements, permitting requirements, and mitigation measures. This includes all required and applicable permits, reviews, and approvals from the City of Fresno, Fresno Metropolitan Flood Control District, FID, and others as required. Further, all required agreements and easements must be executed prior to issuance of construction permits. GOV1-02 2. FID's Kearney Ave Basin No. 189 is located within the Plan Area. The development of the adjacent parcels must consider the potential impacts and protect the basin and the public so that FID's ability to maintain and operate the basin is not impacted or hindered. Please see Response GOV1-01. GOV1-03 3. FID's facilities that are within the Specific Plan Area carry irrigation water for FID users, recharge water for the City, and flood waters during the winter Please see Response GOV1-01. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-6 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response months. In addition to FID's facilities, private facilities also traverse the Specific Plan Area. GOV1-04 Water Supply Impact 4. It appears most of the land within the Specific Plan Area lies within the City Limit and the remainder of the area lies within Growth Area 1 on Exhibit C of the Revised, Amended and Restated Cooperative Agreement Between Fresno Irrigation District and City of Fresno For Water Utilization and Conveyance. The comment describes the jurisdiction of land within the proposed Plan Area, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. While no response is required as part of the CEQA process, it should be noted that the impact discussion on page 4.15-34 of the Draft PEIR describes that development under the proposed Plan will be implemented within all applicable law, code, regulation, policy, agreements, permitting requirements, and mitigation measures. GOV1-05 5. The potential for increase in water consumption by the project will result in additional groundwater overdraft. There is a significant cone of depression beneath the City of Fresno. The Urban Water Management Plan (UWMP) states that the City will have a balanced water supply by 2025, and the goal includes reducing the consumption of gallons per capita per day from 300 to 243. It is assumed that the water users within the City will be willing to use less water. Will that truly be the case? If not, FID is concerned that the increased water demand due to a change in land use will have a significant impact to the groundwater quantity and/or quality underneath the City of Fresno, FID and the Kings Groundwater Sub-basin. The comment expresses concern regarding a significant impact to the groundwater quantity and/or quality underneath the City of Fresno, FID, and the Kings Groundwater Sub-Basin. As shown on Table 4.15-4 on page 4.15-19 of the Draft PEIR and as stated on page 4.15-21 of the Draft PEIR, implementation of the proposed Plan would increase water demand by 3 percent, which would be considered nominal compared to water demand under the adopted General Plan and therefore less than significant. Water consumption rates used to estimate total water demand for the baseline and proposed plan in the Draft PEIR are based on land use classification and density rates and range from 250 to 5,300 gallons per day per acre. Further, as shown on Table 4.15-4 and in Chapter 3, Revisions to the DEIR, the impact discussion under UTIL-5 and UTIL-6 states that future development under the proposed Plan does not directly correspond to increased consumption, as some areas would experience an increase while other areas would experience a decrease in water use. Conversion of agricultural land to urban use also transfers water use from agricultural use to urban use which can offset, and in some cases obviate, increase in water consumption. GOV1-06 6. According to the City's Urban Water Management Plan, the City of Fresno is currently in the process of planning projects which will enable increased use of available surface water supplies and recycled water, and eliminate groundwater overdraft. It is projected that total water supplies and demands will be balanced by the year 2025. FID would like to see the City keep progressing towards this goal, but FID is concerned with the City's progress in balancing the water usage if the necessary offsets for the increased water demands are not accomplished or development occurs at a rate greater than water conservation goals. Please see Response GOV1-05. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-7 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV1-07 As noted in the Draft PEIR, California enacted landmark legislation in 2014 known as the Sustainable Groundwater Management Act (SGMA). The act requires the formation of local groundwater sustainability agencies (GSAs) that must assess conditions in their local water basins and adopt locally-based management plans. FID and the City of Fresno are members of the North Kings Groundwater Sustainability Agency which will manage the groundwater basin within the FID service area. This area is in an overdrafted groundwater basin and SGMA will impact all users of groundwater and those who rely on it. The City of Fresno should consider the impacts of the development on the City's ability to comply with the requirements of SGMA. Please see Response GOV1-05. The ability to comply with the requirements of SGMA were considered with respect to the proposed Plan as compared with the existing approved General Plan. As shown in Table 4.15-4 of the Draft PEIR, implementation of the proposed Plan would result in a 3 percent increase in water demand, which is a nominal increase and would not be expected to impact compliance with SGMA. GOV1-08 The Southwest Fresno Specific Plan (Irrigation Systems Integration page 4.15-32) states that "Improvements in the irrigation system will be required with implementation of the proposed Plan" and that "These improvement costs are not controlled nor borne by FID". This is consistent with FlD's policy for our facilities to be piped or concrete lined in order to transition from an agricultural setting to an urban setting, mitigate for the effects of new development and increased population, and provide for public safety. Please note that the page number cited in the comment refers to the Draft PEIR, not the Specific Plan. Please also see Response GOV1-01. GOV1-09 This same section, Irrigation Systems Integration on page 4.15-32, also states that whether a canal is left as-is, improved, or replaced with a pipeline is determined by the developer of the project. This is not true. The City of Fresno Municipal Code Sections 10-905 (b) and 15-3804 N require all irrigation or drainage canals of a capacity which can be accommodated by a pipeline having an inside diameter of fifty-four inches or less will be required to be piped and trash racks be installed at all newly constructed headwalls or pipe inlets. It should also be noted that all work, whether left as canal or piped, must be improved to meet FID's standards and requirements for an urban setting. Please note that the page number cited in the comment refers to the Draft PEIR, not the Specific Plan. The intent of the language referenced by the commenter was not to infer or grant to project developers any authority to operate outside the bounds of any law or regulation (including Municipal Codes 10-905 or 15-3804 N). All development plans would be subject to plan approvals. As shown in Chapter 3 of this Final EIR, page 4.15-32 has been revised for clarification. GOV1-10 The proposed Southwest Fresno Specific Plan will convert farmland to other land use designations. FID assumes the water allocated to the agricultural land within FID boundary would be converted onto City water rates, assuming the current agreement between the City and FID remains intact. This comment confirms an assumption underlying the Draft PEIR analysis, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV1-11 Conversion of agricultural land for urban use should be done in a manner to limit the area impacted and minimize the impacts to the agricultural industry and agricultural resources caused by urbanization. This comment expresses concern regarding the potential impacts to the agricultural industry and agricultural resources caused by urbanization, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. As stated on page 4.2-8 of the Draft PEIR, no feasible mitigation measures are available for the conversion of "Prime Farmland, Unique Farmland, or Farmland of SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-8 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Statewide Importance (Farmland)…to non-agricultural use" that would occur with implementation of the proposed Plan, and therefore the proposed Plan would result in a significant and unavoidable impact. However, as discussed on page 5.2-12 of the City of Fresno General Plan and Development Code Update Master Environmental Impact Report, Policy RC-9-b of the Fresno General Plan aims to reduce potential project- specific impacts on agricultural uses. Furthermore CEQA does not necessarily account for impacts to the agricultural industry as agricultural land is converted for urban use. Specifically, the project merits, or the economic and social effects of the proposed project, are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the Draft PEIR includes an analysis of the proposed project’s potentially significant physical impacts on the environment and does not include a discussion of the project merits. GOV1-12 According to the Southwest Fresno Specific Plan (Policy PF-3.2), the City is proposing multi-use trail projects that will impact FID's canals right-of-ways. Significant issues remain before FlD's canal system can be used for trail purposes, and FID is currently working with the City of Fresno to create a Master Trails Agreement. In areas where development has not yet occurred, the City must reserve its own right-of-way for trails as part of the development and not be planned to be placed within FlD's canal right-of-way. This comment expresses concern regarding future trails and their effects on FID canal rights-of-way, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Further Policy PF-3.2 of the Specific Plan notes that right-of-way for trails will not be planned to be placed within FID's canal right-of-way. Specifically, it states: "Provide a network of multi-use trails, including along the Fresno Irrigation District (FID) canal right-of-ways, to provide an off-street trail system that is integrated into the transportation network while also providing opportunities for recreation and access to nature and parks." CEQA and the Draft PEIR focuses on the potential impacts associated with the adequacy of utility and service systems to serve development proposed under the proposed Plan. GOV1-13 History and Prior Rights - FID was formed in 1920 as a successor to the privately owned Fresno Canal and Irrigation Company. The assets of the company consisted of over 600 miles of canals and distribution works, which were constructed between the years 1860 and 1900, as well as extensive water rights on the Kings River. In most cases, FID canals pre-date all roads, highways, and railroads. The comment does not address the adequacy of the Draft PEIR. The comment provides history and prior rights related to FID, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. While no response is required as a part of the CEQA process, it should be noted that no usurpation or changes of existing water rights are intended with approval, adoption or implementation of the proposed Plan. As shown on page 4.15-20 of the Draft PEIR, water intended for agricultural use (irrigation), would be provided without the need to change FID water rights. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-9 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV1-14 There will be many FID canals impacted by future road improvements to meet the traffic demands. Significant effort will be required to allow for such growth and expansion in a manner that allows FID to maintain and operate its facilities in an efficient and effective manner. Please see Response GOV1-01. GOV1-15 Small/Medium Canal Crossing Requirements - The majority of the proposed crossings will impact existing pipelines and small open channel canals. Transition from an agricultural setting to an urban setting typically requires FID's existing conveyance system to be converted to Rubber Gasket Reinforced Concrete Pipe (RGRCP) installed to FID's specifications. Please see Response GOV1-01. GOV1-16 Large Canal Crossing Requirements - There are a few large canal crossings that will not be able to be contained within a pipeline. The design shall protect the canal's integrity and FID's ability to maintain and operate the conveyance system in an urban setting. Any proposed canal crossing must be designed to convey the water in a safe and efficient manner without altering the existing conditions in a negative manner. FID has requirements for minimum freeboard, span and type of bridge or culvert, trash and debris, and equipment and vehicle access. Each crossing is unique, and specific requirements will be provided at the time of improvement. Please see Response GOV1-01. GOV1-17 Water Routings and Construction Window - The FID construction window will vary from year-to-year based on the length of the irrigation season, flood routings, recharge deliveries, maintenance projects and projects funded by others. FID's typical irrigation season begins on March 1. An average irrigation season lasts 6 months; therefore, the season will typically end around August 31. In very wet years, the irrigation season may go through mid-November. Please see Response GOV1-01. GOV1-18 Discharges into FID Canals - FID will not allow any discharges into the canals for numerous reasons, including but not limited to: Federal/ State/Local regulations, FID's Rules and Regulations, and the potential negative impact to water quality. All new and existing discharges and runoff must be routed to FMFCD storm drain facilities. Thank you for making available to us the City of Fresno's Southwest Fresno Specific Plan Environmental Impact Report for our review and allowing us the opportunity to provide comments. We appreciate the opportunity to review and comment on the subject documents for this project. While it is difficult to envision all of the potential impacts without all of the improvement details, we attempted to provide you as much information as possible. We reserve the right to provide additional comments when more detailed information becomes Please see Response GOV1-01. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-10 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response available. If you have any questions, please feel free to contact me at (559) 233- 7161 extension 7103 or LKimura@fresnoirrigation.com. GOV1-19 Attachment: Fresno Irrigation District exhibit map This map is referenced in Comment GOV1-01. Please see Response GOV1- 01. GOV1-20 Attachment: City of Fresno Notice of Availability of the Draft Program Environmental Impact Report for the Southwest Fresno Specific Plan The attachment is the Notice of Availability (NOA) that was circulated for the Draft PEIR. The attachment does not contain any comments on the Draft PEIR. GOV1-21 Attachment: City of Fresno Project Location Map Southwest Fresno Specific Plan The attachment is a map of the Southwest Fresno Specific Plan Area. The attachment does not contain any comments on the Draft PEIR. GOV2 9/21/2017 Julie A. Vance, Regional Manager, California Department of Fish and Wildlife GOV2-01 The California Department of Fish and Wildlife (CDFW) received a consultation notice regarding a program-level Draft Environmental Impact Report (DEIR) from the City of Fresno for the Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Specific Plan that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Plan that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State (Fish & G. Code,§§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines§ 15386, subd. (a).). CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources. CDFW is also submitting comments as a Responsible Agency under CEQA (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381 ). CDFW expects that it may The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-11 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, tiered projects may be subject to CDFW's lake and streambed alteration regulatory authority (Fish & G. Code,§ 1600 et seq). Likewise, to the extent implementation of tiered projects as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), related authorization as provided by the Fish and Game Code will be required. Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or Federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T, as specified in the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Section 15380), CDFW recommends it be fully considered in the environmental analysis for the Plan. Bird Protection: CDFW has jurisdiction over actions with potential to result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs and nests include, sections 3503 (regarding unlawful take, possession or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird). Water Pollution: Pursuant to Fish and Game Code Section 5650, it is unlawful to deposit in, permit to pass into, or place where it can pass into "Waters of the State" any substance or material deleterious to fish, plant life, or bird life, including non-native species. It is possible that without mitigation measures tiered projects could result in pollution of Waters of the State from storm water runoff or construction-related erosion. Potential impacts to the wildlife resources that utilize these watercourses include the following: increased sediment input from road or structure runoff; toxic runoff associated with project-related activities and implementation; and/or impairment of wildlife movement along riparian corridors. The Regional Water Quality Control Board and United States Army Corps of Engineers (ACOE) also has jurisdiction regarding discharge and pollution to Waters of the State. __________ 1 CEQA is codified in the California Public Resources Code in section 21000 et seq . The SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-12 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000. GOV2-02 PROJECT DESCRIPTION SUMMARY Proponent: City of Fresno. Objective: The City of Fresno seeks to adopt a Specific Plan, which outlines a vision for Southwest Fresno throughout the Plan's 25-year horizon. Adoption of the proposed Plan will include repeal of the Edison Community Plan, amendment of the Fresno General Plan, amendment of the Official Zoning Map, adoption of zoning overlay districts, and a text amendment to the Development Code to implement the zoning overlay districts. Location: The Southwest Fresno Specific Plan will apply to areas of the City of Fresno bounded by Highway 180 to the north, Highway 41 to the east, and the city limits to the south and west. Timeframe: Unspecified. This comment provides background information and a project description summary but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV2-03 CDFW offers the comments and recommendations below to assist the City of Fresno in adequately identifying and/or mitigating the Specific Plan's, and subsequent tiered projects, significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. As requested, CDFW is providing recommendations on the scope and content of the DEIR. Editorial comments or other suggestions may also be included to improve the document. The DEIR indicates that portions of the Specific Plan area have the potential to support several special-status species and/or sensitive natural communities. Tiered projects therefore have the potential to impact these species. CDFW recognizes that the DEIR outlines mitigation measures to reduce impacts to special-status species and sensitive natural communities. However, CDFW is concerned that, as currently drafted, these measures may not be adequate to reduce impacts to a level that is less than significant. Specifically, CDFW is concerned regarding adequacy of mitigation measures for special-status plant species; the State threatened Swainson's hawk (Buteo swainsoni); the State threatened and federally endangered San Joaquin kit fox ( Vulpes macrotis mutica); special-status bat species; and the State Species of Special Concern American badger (Taxidea taxus), burrowing owl (Athene cunicularia), and western pond turtle (Emys marmorata). In addition, CDFW is concerned regarding potential impacts to riparian areas, wetlands, and waterways. This comment serves as an introduction to the comments that follow. Please see Responses GOV2-04 through GOV2-25. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-13 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV2-04 COMMENTS AND RECOMMENDATIONS Special-Status Plants: The DEIR acknowledges the potential presence of four special-status plant species, meeting the definition of rare or endangered under CEQA § 15380, in the Specific Plan area. These species include California jewelflower (Caulanthus californicus), California satintail (lmperata brevifolia), Sanford's arrowhead ( Sagittaria sanfordii), and caper-fruited tropidocarpum (Tropidocarpum capparideum). Mitigation Measure BIO-1.1 a states that presence/absence of a special-status plant or wildlife species will be determined prior to construction of a tiered project. To evaluate presence/absence, CDFW recommends pre-activity surveys be conducted on a project specific basis by a qualified botanist and in accordance with the "Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities" (CDFG, 2009). CDFW further recommends that these surveys include identification of reference populations to facilitate the likelihood of field investigations occurring during the appropriate floristic period. In addition, CDFW recommends that findings of these surveys be reported to CDFW using the reporting and data collection guidelines outlined in the protocol mentioned above. In the absence of protocol-level surveys being performed, additional surveys may be necessary. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.1a has been revised to specify that a qualified botanist should conduct botanical surveys in order to determine the presence/absence of any special-status plant prior to the onset of any initial ground-disturbing activity or construction associated with project implementation. In addition, the Mitigation Measure BIO-1.1a has been revised to ensure that the botanical survey include identification of reference plant populations and that the findings be prepared using the methodology outlined in Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (Department of Fish and Wildlife, 2009). Further, Mitigation Measure BIO1.1a has been revised to require the survey report be submitted to the City prior to the issuance of building permits. GOV2-05 Further, Mitigation Measures 810-1.1 a and 810-1.1 b state that special-status plant species will be avoided through incorporation of avoidance and minimization measures and that take of State listed species will be avoided "to the greatest extent feasible". CDFW recommends special-status plant species be avoided whenever possible by delineating and observing a no-disturbance buffer of at least 50 feet from the outer edge of the plant population(s) or specific habitat type(s) required by special-status plant species. If buffers cannot be maintained, then consultation with CDFW is warranted to determine appropriate minimization and mitigation measures for impacts to special status plant species. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for special-status plants and that these measures be included as enforceable mitigation in the finalized Environmental Impact Report (EIR). As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.1a has been revised to specify that any occurrence of special-status species should be avoided whenever possible by delineating and observing a no- disturbance buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. GOV2-06 Swainson's Hawk: The DEIR recognizes the potential for the State threatened Swainson's hawk (SWHA) to occur within and in the vicinity of the Specific Plan area and identifies Mitigation Measure 810-1.2, which outlines species-specific pre-activity surveys. However, this measure refers to pre-activity surveys only if suitable nesting trees will be removed during the SWHA nesting season. While CDFW agrees that preactivity survey methods developed by the Swainson's Hawk As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that a qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-14 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Technical Advisory Committee (SWHA TAC, 2000) are appropriate, CDFW advises that these surveys take place prior to initiation of any ground-disturbing or tree removal activities, because in addition to direct mortality, potentially significant impacts that may result from Project-related activities include nest abandonment, loss of foraging habitat, and reduction of nesting success. These impacts may result from Project activities other than tree removal (e.g., construction noise, reduced foraging habitat resulting in loss or reduced vigor of eggs or young). Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. GOV2-07 Further, Mitigation Measure 810-1.2 indicates that surveys conducted during the first survey period (January 1 through March 20) defined by SWHA TAC are optional. In contrast, CDFW recommends that pre-activity surveys take place for SWHA during the normal bird breeding season (February 1 through September 15), which coincides with a portion of the first survey period as defined by SWHA TAC. CDFW further advises that additional pre-construction surveys for SWHA take place no more than 1 0 days prior to the start of construction. If an active SWHA nest is found, CDFW recommends implementing a ½-mile minimum no- disturbance buffer until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the ½-mile no-disturbance nest buffer is not feasible, consultation with CDFW is warranted and acquisition of an Incidental Take Permit (ITP) for SWHA may be necessary prior to project initiation to comply with CESA. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that if an active Swainson’s hawk nest is detected on the project site, a minimum disturbance-free buffer zone of 0.5-mile should be delineated and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the 0.5- mile disturbance-free buffer zone is not feasible CDFW will be consulted and acquisition of an Incidental Take Permit (ITP) for Swainson’s hawk may be necessary prior to project initiation in compliance with CESA. GOV2-08 Nest trees are a limited resource in the southern San Joaquin Valley. CDFW recommends impacts to known SWHA nest trees be avoided at all times of year. CDFW considers removal of known SWHA nest trees, even outside of the nesting season, a potentially significant impact under CEQA because SWHA exhibit high nest site fidelity year after year and suitable nesting habitat features may be limited in the San Joaquin Valley. CDFW recommends that any potential SWHA nesting trees be replaced with an appropriate native tree species, planted at a ratio of 3: 1, in an area that will be protected in perpetuity. This mitigation will offset impacts of the loss of potential SWHA nesting habitat. In addition, the removal of mature trees that provide nesting habitat features is a potentially significant impact to other raptor species and CDFW advises that the EIR consider potential impacts to general raptor nesting habitat. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that removal of nesting trees for Swainson’s hawk should be avoided. If avoidance is infeasible, nesting trees should be replaced with an appropriate native tree species, planted at a ratio of 3:1, in an area that will be protected in perpetuity. GOV2-09 As noted in the DEIR, grassland habitat within the Specific Plan area has the potential to support foraging SWHA. SWHA generally forage within 10 miles of their nest tree. CDFW's Staff Report Regarding Mitigation for Impacts to As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.2 has been revised to specify that the project applicant should provide Habitat Management (HM) lands to the CDFW based on the ratios include in SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-15 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Swainson's Hawks (CDFG, 1994) recommends the following: • Projects within 1 mile of an active nest tree provide a minimum of one acre of habitat management (HM) land for each acre of development authorized. • Projects within 5 miles of an active nest but greater than 1 mile provide a minimum of 0.75 acres of HM land for each acre of urban development authorized. • Projects within 10 miles of an active nest tree but greater than 5 miles from an active nest tree provide a minimum of 0.5 acres of HM land for each acre of urban development authorized. If HM land is included in a mitigation measure for the species, CDFW recommends funding of a sufficient long-term endowment, paid for by the Project sponsors, for the management of the protected properties. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. Additionally, because nest trees are a limited resource, CDFW recommends that lands protected as foraging habitat for SWHA be no more than 1 0 miles from a SWHA nest in order to be beneficial to the species. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for SWHA and that these measures be included as enforceable mitigation in the finalized EIR. CDFW's Staff Report Regarding Mitigation for Impacts to Swainson's Hawks (CDFG, 1994), if feasible. GOV2-10 San Joaquin Kit Fox: The DEIR outlines potential for San Joaquin kit fox (SJKF) to occur in the Specific Plan area and identifies Mitigation Measure BIO-1.3 specifically for the species. Specifically, this measure outlines pre-activity surveys and reporting in accordance with the United States Fish and Wildlife Service's "Standardized recommendations for protection of the SJKF prior to or during ground disturbance" (2011 ). The measure further specifies contacting the United States Fish and Wildlife Service (USFWS) in the event a natal den is detected within 200 feet of a project boundary. While CDFW agrees with use of this survey methodology, SJKF detection warrants consultation with CDFW, in addition to USFWS, to discuss how to implement tiered projects and avoid take, or if avoidance is not feasible, to acquire an ITP prior to any ground-disturbing activities to comply with CESA. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for SJKF and that these measures be As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.3 has been revised to specify that both the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife should be notified immediately if a San Joaquin Kit Fox natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-16 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response included as enforceable mitigation in the finalized EIR. GOV2-11 Bat Species: The DEIR outlines potential for several bat species, recognized as State Species of Special Concern, to occur in the Specific Plan area. These species include pallid bat (Antrozous pallidus), Townsend's big-eared bat (Corynorhinus townsendii), western mastiff bat (Eumops perotis californicus), and western red bat (Lasiurus blossevillii). The DEIR identifies Mitigation Measure BIO-1.3 specifically for these species and outlines pre-activity surveys and 100- to 300- foot disturbance-free buffers surrounding known roosts. However, the measure does not specify a timeline for when these surveys will occur in relation to initiation of construction activities. CDFW recommends pre-activity surveys occur within two weeks prior to the start of work at each tiered-project location. The comment expresses concern regarding Mitigation Measure BIO-1.3 in Chapter 4.4, Biological Resources, of the Draft PEIR. However, given that the comment makes reference to pre-construction surveys for special- status bat species, it is assumed that this comment refers to Mitigation Measure BIO-1.4. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.4 has been revised to specify that pre-construction surveys should be conducted two weeks prior to the onset of any initial ground- disturbing activity or construction associated with each phase of project implementation by a qualified biologist. GOV2-12 Mitigation Measure BIO-1.3 also includes a provision for replacement habitat and roost removal via passive eviction if avoidance is not possible. However, CDFW recommends that bats not be disturbed without specific notice to and consultation with CDFW. If a bat roost is detected, CDFW advises a minimum 50- foot no-disturbance buffer during activity, or postponing activity until repeat surveying documents that bats no longer use the roost. If avoidance or postponement is not feasible, CDFW recommends submission of a request for a reduced buffer or a Bat Eviction Plan to CDFW for written approval prior to implementation. CDFW advises that a request for a reduced buffer include a rationale describing the adequate protection of the roost. CDFW further advises that a request to evict bats from a roost include details for excluding bats from the roost site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for special-status bat species and that these measures be included as enforceable mitigation in the finalized EIR. The comment expresses concern regarding Mitigation Measure BIO-1.3 in Chapter 4.4, Biological Resources, of the Draft PEIR. However, given that the comment makes reference to pre-construction surveys for special- status bat species, it is assumed that this comment refers to Mitigation Measure BIO-1.4. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.4 has been revised to specify that the 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. In addition, Mitigation Measure BIO-1.4 has been revised to require a qualified bat biologist to develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground- disturbing activities and are unable to re-enter the roost. GOV2-13 American Badger: The DEIR identifies the potential for American badger within the Specific Plan area and identifies Mitigation Measure BIO-1.5 specifically for the species. A component of this measure outlines relocation of American badgers and excavation of dens if avoidance is not feasible. CDFW recommends that if a badger is detected within a project work area during project activities it be allowed to move out of the work area of its own volition. If pre-activity surveys find an American badger is denning on or immediately adjacent to a project work area, consultation with CDFW to determine whether the animal(s) may be evicted from the den is advised. The comment expresses concern regarding Mitigation Measure BIO-1.5 in Chapter 4.4, Biological Resources, of the Draft PEIR. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.5 has been revised to specify that the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted prior to implementing relocation procedures. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-17 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV2-14 Burrowing Owl: The DEIR identifies the potential for burrowing owl (BUOW) within the Specific Plan area and identifies Mitigation Measure BIO-1.6 specifically for the species. This measure outlines species-specific pre-activity surveys conducted within 15 days of ground disturbance to determine BUOW occupancy. However, CDFW recommends following the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC 1997) to determine occupancy. Specifically, CBOC suggests three or more surveillance surveys conducted during daylight with each visit occurring at least three weeks apart during the peak breeding season (April 15 to July 15), when BUOW are most detectable. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.6 has been revised to specify that a qualified biologist knowledgeable of burrowing owls should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls ((15 April to 15 July) prior to the start of ground-disturbing activities for the project. In addition, the survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines , or other survey and mitigation protocols recommended by the CDFW, to the extent feasible GOV2-15 Although not specifically discussed in Mitigation Measure BIO-1.6, if BUOW are found to occupy a tiered project site and avoidance is not possible, it is important to note that according to CDFW's Staff Report on Burrowing Owl Mitigation (CDFG 2012), exclusion in and of itself is not a take avoidance, minimization, or mitigation method. However, if necessary, CDFW recommends that burrow exclusion be conducted by qualified biologists and only during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty through non-invasive methods, such as surveillance. In addition, CDFW further recommends that burrow closure be employed only where there are adjacent natural burrows and non-impacted sufficient habitat for BUOW to occupy with permanent protection mechanisms in place. In addition, BUOW may attempt to colonize or re-colonize an area that will be impacted; thus, CDFW recommends ongoing surveillance at tiered project sites during project activities, at a rate that is sufficient to detect BUOW if they return. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for BUOW and that these measures be included as enforceable mitigation in the finalized. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.6 has been revised to specify that if burrowing owl (s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Mitigation Measure BIO-1.6 has been further revised to specify that burrow closure should be implemented only where there are adjacent natural burrows and non- impacted sufficient habitat for burrowing owls and ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. GOV2-16 Western pond turtle: The DEIR identifies the potential for western pond turtle (WPT) within the Specific Plan area and identifies Mitigation Measure BIO-1.7 specifically for the species. This measure outlines focused pre-activity surveys for WPT and relocation of individuals and/or eggs found in a project area. However, CDFW recommends that if any WPT are discovered at a site immediately prior to or during project activities they be allowed to move out of the area on their own volition. If this is not feasible, CDFW recommends that a qualified biologist who holds a Scientific Collecting Permit for the species, capture and relocate the turtle(s) out of harm's way to the nearest suitable . habitat immediately upstream or downstream from a project site. In addition, CDFW recommends that focused surveys for nests occur during the egg-laying season (March As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.7 has been revised to specify that a qualified biologist, who holds a Scientific Collecting Permit to handle western pond turtles, should conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if western pond turtles are present. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they should be moved to the nearest suitable habitat immediately upstream or downstream from the project site by a qualified biologist. Further, Mitigation Measure BIO-1.7 has been revised to specify that if any western pond turtle nests with eggs SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-18 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response through August) and that any nests discovered remain undisturbed until the eggs have hatched. are found, the nests should remain undisturbed until the eggs have hatched. GOV2-17 Nesting birds: A variety of land cover types within and in the vicinity of the Specific Plan area likely provide nesting habitat for birds. Although the DEIR identifies preactivity surveys for nesting birds in Mitigation Measure BIO-1 .8, it does not specify a time-line for when these surveys will be conducted relative to initiation of construction activities. CDFW recommends that a qualified wildlife biologist conduct preconstruction surveys for active nests no more than 10 days prior to the start of a tiered project to maximize the probability that nests potentially impacted are detected. CDFW also recommends that surveys cover a sufficient area around the work site to identify nests and determine their status. A sufficient area means any area potentially affected by a tiered project. In addition to direct impacts, such as nest destruction, noise, vibration, odors, and movement of workers or equipment could affect nests. Prior to initiation of construction activities, CDFW recommends a qualified biologist conduct a survey to establish a behavioral baseline of all identified nests. Once construction begins, CDFW recommends a qualified biologist continuously monitor nests to detect behavioral changes resulting from the project. If behavioral changes occur, CDFW recommends the work causing that change cease and CDFW consulted for additional avoidance and minimization measures. As shown in Chapter 3 of this Final EIR, MEIR Mitigation Measure BIO-1.8 has been revised to specify that pre-construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation. In addition, Mitigation Measure BIO-1.8 has been revised to specify that the biological monitor should periodically monitor nests to detect behavioral changes resulting from project related activities once construction begins. If continuous monitoring is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. GOV2-18 If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these no disturbance buffers is possible when there is compelling biological or ecological reason to do so, such as when the construction area would be concealed from a nest site by topography. CDFW recommends that a qualified wildlife biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-1.8 has been revised to specify that if continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non- listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW. GOV2-19 Jurisdictional Features, Riparian Habitat, and Wetlands: The DEIR identifies the potential for significant impacts to areas that are jurisdictional (waterbodies and waterways) pursuant to Fish & Game Code, § 1600 et seq. Mitigation Measure BIO-2.1 indicates potential project-related impacts to riparian habitat are possible and identifies compensatory mitigation as a mitigation strategy. Riparian As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-2.1a has been revised to specify that impacts to riparian habitat should be avoided by delineating a 200-foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-19 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response habitat and wetlands are of extreme importance to a wide variety of plant and wildlife species. CDFW provides the following recommendations for avoiding impacts to riparian habitat and waterways: (1) for areas with riparian vegetation, a minimum 200-foot no-disturbance buffer delineated from the high water mark of a waterbody or waterway or from the outside edge of the riparian vegetation; (2) for areas with no riparian vegetation, a minimum 100-foot no-disturbance buffer around the high water mark of a waterbody or waterway. In some instances, larger buffers may be necessary to avoid impacts. CDFW has a no-net- loss policy regarding impacts to wetlands and CDFW considers project-related impacts to these resources as significant if they result in the net loss of acreage or habitat value. When impacts to wetland habitats are unavoidable, CDFW recommends compensation include creation of new habitat, preferably on-site, on a minimum of an acre-for-acre basis. CDFW also recommends compensation consider potential impacts to special-status resources posed by wetland creation. Wetlands that have been inadvertently created by leaks, dams or other structures, or failures in man-made water systems are not exempt from this recommendation. disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a compensatory habitat-based mitigation should be required to reduce project impacts and specific mitigation ratio for habitat based mitigation should be determined on an acre-for-acre basis through consultation with the appropriate agency. GOV2-20 Mitigation Measures BIO-2.1 b and BIO-3a indicate potential project-related impacts to streambeds and waterways are possible, including significant alteration resulting in fill. If project activities will result in substantial changes to the bed, bank, and channel of a river, lake, or stream, notification pursuant to Fish & G. Code, § 1.600 et seq. is warranted. Fish & Game Code §1600 et seq. requires an entity to notify CDFW prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation): (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. "Any river, stream, or lake" includes those that are ephemeral or intermittent as well as those that are perennial. CDFW is required to comply with CEQA in the issuance of a Lake and Streambed Alteration Agreement. For additional information on notification requirements, please contact our staff in the Lake and Streambed Alteration Program at (559) 243-4593. As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-2.1b and BIO-3a have been revised to specify that consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation) (c) deposit debris, waste or other materials that could pass into any river, stream, or lake in accordance with Fish & Game Code §1600 et seq. GOV2-21 Mitigation Measure BIO-3a outlines wetland delineation for tiered project activities that will result in alteration or fill of federally protected wetlands. Please note that, while there is overlap, state and federal definitions of wetlands differ. Therefore, it is recommended that delineation identify both state and federal wetlands at tiered project sites. Fish and Game Code Section 2785 (g) As shown in Chapter 3 of this Final EIR, Mitigation Measure BIO-3a has been revised to specify that the wetland mitigation plan should be approved by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the CDFW). SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-20 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response defines wetlands; further Section 1600 et seq. applies to any area within the bed, channel, or bank of any river, stream, or lake (including riparian vegetation). It is important to note that while accurate delineations by qualified individuals have resulted in more rapid review and response from the ACOE and CDFW, substandard or inaccurate delineations have resulted in unnecessary time delays for applicants due to insufficient, incomplete, or conflicting data. CDFW recommends fully addressing avoidance, minimization, and mitigation measures for jurisdictional features, riparian habitat, and wetlands and that these measures be included as enforceable mitigation in the finalized EIR prepared for this Project. GOV2-22 Editorial Comments and/or Suggestions Federally Listed Species: CDFW also recommends consulting with the USFWS on potential impacts to federally listed species including, but not limited to those listed above. Take under the Federal Endangered Species Act (FESA) is more broadly defined than CESA; take under FESA also includes significant habitat modification or degradation that could result in death or injury to a listed species by interfering with essential behavioral patterns such as breeding, foraging, or nesting. Consultation with the USFWS in order to comply with FESA is advised well in advance of any ground-disturbing activities. The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV2-23 ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special status species and natural communities detected during project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link: http://www.dfg.ca.gov/biogeodata/ cnddb/pdfs/CNDDB_FieldSurveyForm.pdf. The completed form can be mailed electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. The types of information reported to CNDDB can be found at the following link: http://www.dfg.ca.gov/biogeodata/cnddb/plants_and_animals.asp. The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV2-24 FILING FEES If it is determined the tiered projects will have an impact on fish and/or wildlife, an assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the The comment will be provided to the decision-making bodies as part of the Final EIR for consideration. The comment does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-21 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089). GOV2-25 CONCLUSION CDFW appreciates the opportunity to comment on the Southwest Fresno Specific Plan to assist the City of Fresno in identifying and mitigating Project impacts on biological resources. More information on survey and monitoring protocols for sensitive species can be found at the CDFW's website (https://www.wildlife.ca.gov/Conservation/ Survey-Protocols). Questions regarding this letter or further coordination should be directed to Renee Robison, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 243-4014 extension 274, or by electronic mail at Renee.Robison@wildlife.ca.gov. The comment serves as a closing remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. GOV3 9/25/2017 Michael Navarro, Chief, Transportation Planning - North, California Department of Transportation GOV3-01 Thank you for including the California Department of Transportation (Caltrans) in the enviromnental review process for the project referenced above. The project affects the southwestern most limits of the City of Fresno bounded by State Route (SR) 180 to the north and R 41 to the east. Our objective is to work in coordination with local jurisdictions and project proponents on all development projects that utilize the multimodal transportation network. With the State's smart mobility goals of supporting vibrant economy and thriving communities with a safe and efficient transportation system, we provide the following comments based on a focused review of the "Transportation" portion of the Draft Southwest Fresno Specific Plan document: Caltrans concurs with the traffic mitigation measures proposed by the City for all the freeway ramps and ramp interchanges in the plan vicinity. It is apparent that development in southwest Fresno will produce significant, yet unavoidable traffic congestion. Therefore, future projects implemented under the proposed plan estimated to generate daily or peak hour traffic volumes in excess of 100 vehicle trips should prepare a site access, circulation, and traffic study as part of their proposal; and we encourage early consultation with Caltrans. Additionally, any amendments to the General Plan, or to the proposed project should include a traffic impact study due to the potentially significant impact that development in the project area is estimated to have on the State Highway System (SHS). The California Department of Transportation’s (Caltrans’) reasoning for review of this EIR and interpretation of plan boundaries is noted. Caltrans concurrence with the mitigation measures included in the Draft PEIR is noted. As described in Impact TRANS-1 of Chapter 4.14, development within Southwest Fresno will have a less than significant impact on traffic congestion. As described in Impact TRANS-7.2 and TRANS- 7.3 of Chapter 4.14, the proposed Plan will have a significant and unavoidable cumulative impact, as noted by this comment. Future discretionary projects would be required to conduct project-level environmental assessment, which may include traffic analysis. Per Fresno General Plan Policy MT-2-i, a Transportation Impact Study (TIS) will be required when a project includes a General Plan amendment, will substantially change the off-site transportation system, or for all development projected to generate 100 or 200 more peak hour new vehicle trips, depending on the Traffic Impact Zone (TIZ) in which the development is located. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-22 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV3-02 Even with mitigation, it is clear the SHS will not continue to function at an acceptable level of service (LOS) within the proposed plan area, as growth occurs. For this reason, Caltrans reinforces the importance of the City's requirement that developers pay into the established City's Traffic Signal Mitigation Impact Fee (TSMI) and the Regional Transportation Mitigation Fee (RTMF) program managed by Fresno Council of Governments. Furthermore, City coordination among the Fresno Council of Governments (COG), the City and Caltrans to improve the interchanges at SR 99/Jensen Avenue (northbound and southbound), SR 99/Fresno Street (northbound and southbound), SR 41/Jensen Avenue (southbound), and SR 41/North Avenue (southbound), as outlined in mitigation measures TRANS-7 .2 and TRANS-7.3 is strongly supported. Due to the extensiveness of the impact, these interchanges should be added to the project list for the City's TSMI fee program. Caltrans’ support for Mitigation Measures TRANS-7.2 and TRANS-7.3, the Traffic Signal Mitigation Impact (TSMI) fee, and Regional Transportation Mitigation Fee (RTMF) is noted. Fresno General Plan Policies MT-2-j and MT-2-l support the use of TSMI and RTMF fees as outlined in Mitigation Measures TRANS-7.2 and TRANS-7.3. GOV3-03 Traffic congestion may be further mitigated by expanding the multi-modal network into the plan area. The planned bicycle and trail network laid out in the City's General Plan can be enhanced by providing direct safe routes to the schools, retail hubs, and medical facilities in the plan area. Accompanying street lighting, secure bike storage spaces- especially near transit stops, landscaping that incorporates shade elements, and bicycle/pedestrian priority in street operations all increase the likelihood residents will use and benefit from an active transportation network. Additionally, development of park zones beyond open green space to include lighting for safety, playing fields, swimming pools, walking paths, or community gardens-keeping in mind accessibility for all ages and abilities-serve to promote health and wellness in the surrounding neighborhoods. Potentially, community outreach aimed at establishing carpools to popular employment centers could lessen the strain on the SHS. Likewise, the project objective of attracting affordable grocers and other retail to the plan area is pivotal in achieving the City's stated goal of improving quality of life in Southwest Fresno while also improving traffic conditions. As described in Impact TRANS-6 of Chapter 4.14, the proposed Plan includes goals and policies that promote bicycle and pedestrian travel through a well-connected active transportation network, support use of transit, and reduce single-occupancy vehicle use to reduce traffic congestion, including Goals T-1, T-2, T-3, T-4, T-5, T-6, T-7, T-8, T-11, T-12, and T-14, and the multiple policies contained under each of these goals. GOV3-04 Fresno COG regional models are best used to answer "big picture" scenarios with regards to general trends in traffic and air quality such as the SW Fresno Specific Plan. However, when it comes to specific types of land use on a project level basis, NCHRP Report 765 states "Model adjustments are frequently made at a small-area or link level because many regional models do not have the requisite accuracy needed for detailed link level traffic forecasts." It also states "Project- level forecasts often require better accuracy than can be obtained from a travel As described in Chapter 4.14, analysis presented in the Draft PEIR is based on the information available at this programmatic stage for a plan-level analysis. Future discretionary projects would be required to conduct project-level environmental assessment, including a transportation impact study in most cases. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-23 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response model alone." Therefore Caltrans recommends project specific data submittals when new development occurs at spot locations within 2 miles of the SHS, to determine the need for a Traffic Impact Study to better assess traffic impacts. GOV3-05 Section 4.14, Transportation and Traffic of the Environmental Impact Report (EIR), please add a new section in the TIS that briefly describes the analysis scenarios and years being analyzed. This section may be appropriate prior to section 4.14.1.2, Existing Conditions. All scenarios/figures/tables should be labeled appropriately as With or Without Proposed Plan and the year being analyzed. Please revise for clarity. Page 4.14-1 of the Draft PEIR has been revised, as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. Titles on Figures 4.14-3, 4.14-5, 4.14-6, 4.14-7, 4.14-8, 4.14-9, 4.14-10, 4.14-12, 4.14-13, 4.14-14, 4.14-15, 4.14-16, 4.14-17, 4.14-18, and 4.14-19 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. Scenario references in Tables 4.14-2, 4.14-3, 4.14-4, 4.14-8, 4.14-9, 4.14-10, 4.14-11, 4.14-12, 4.14-13, 4.14-14, 4.14-15, 4.14-16, 4.14-17, and 4-14-18 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-06 Right-of-way should be preserved for the Type L-9 partial cloverleaf interchange for the SR 41/North Avenue interchange. Roundabouts at the ramp intersections should be considered as an interim improvement. The Type L-9 interchange configuration has been changed to a right-angle intersection at the on-ramp intersection to accommodate pedestrian crossing by utilizing traffic signal control. Refer to the current Caltrans Highway Design Manual (HDM) Chapter 500 for these changes. As described in Mitigation Measure TRANS-7.2, the widening of the SR 41 southbound off-ramp at North Avenue is sufficient to improve traffic operations to an acceptable level under cumulative conditions with the proposed Plan. Further interchange reconstruction, including possible expansion to a Type L-9 partial cloverleaf configuration, is not necessary to mitigate the proposed Plan’s cumulative impact nor is it identified as a future project in any currently adopted planning document, including the Caltrans SR 41 Transportation Concept Report, Fresno COG RTP/SCS, or Fresno General Plan. However, separate from the proposed Plan and the Draft PEIR, the City is willing to work with Caltrans in the future to determine if an alternative ultimate concept for the SR 41 / North Avenue interchange, such as a Type L-9 partial cloverleaf interchange, may be mutually desirable in the long- term future, as suggested by Caltrans comment. GOV3-07 In reference to "Intersection Operations" on Page 4.14-40, it is stated that the adjustments to cycle length and shifting green time phases at the intersection of SR 99 northbound ramps/East/Jensen A venues would result in slightly better operations under existing plus proposed plan. Signal timing modification should not be used as Project mitigation, this is considered routine maintenance. The study recognizes that the signal timing modifications would occur as part of routine maintenance. As stated on page 4.14-40 of the Draft PEIR, “the results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans.” The stated adjustments to cycle length and green time phases is simply included as an example to explain why delay is lower (i.e., slightly better operations) under existing plus proposed Plan than existing conditions at the SR 99 northbound ramps/East Avenue/Jensen Avenue intersection. It is not being proposed as mitigation. GOV3-08 Table 4.14-10 for SR 99 southbound ramps/East/Jensen Avenues displayed the delay would remain at 61 seconds from the Existing Conditions to Existing plus The results presented in Table 4.14-10 of the Draft PEIR are consistent with the overall intersection control delay presented in the Synchro worksheets, SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-24 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Project Conditions. There is an increase in traffic volumes by 632 for the Existing plus Project condition. However the Synchro worksheets showed higher delay for the southbound off-ramp approach. The southbound off-ramp would operate poorly in the Existing plus Project condition and excessive queuing on the off- ramp and freeway mainline may occur. Synchro files should be submitted to verify the delay. The first paragraph under Table 4.14-10 may not be necessarily true. which are calculated according to the 2010 Highway Capacity Manual (HCM) methodology. As shown in Table 4.14-10 and supported by the Synchro worksheets, the overall intersection delay at the State Route (SR) 99 southbound ramps/East Avenue/Jensen Avenue intersection has a negligible change from 60.8 seconds per vehicle under existing conditions to 60.6 seconds per vehicle under existing plus proposed Plan conditions. Therefore, the referenced statement in the first paragraph under Table 4.14-10 is true. While the Synchro worksheets do show a slight increase in delay for the southbound off-ramp approach (from 106.7 seconds per vehicle under existing conditions to 117.5 seconds per vehicle under existing plus proposed Plan conditions), this is balanced out by less delay on the other approaches (e.g., 21.9 seconds per vehicle for the westbound approach and 41.9 seconds per vehicle for the eastbound approach). The result is a negligible change in the weighted average delay for the overall intersection, as noted above (60.8 seconds per vehicle to 60.6 seconds per vehicle). Although the southbound off-ramp approach would operate with higher delay than the other approaches, Table 4.14-11 shows that excessive queuing on the SR 99 Southbound Off-Ramp at Jensen would not occur under existing plus proposed Plan conditions. GOV3-09 In Table 4.14-10 for the SR 99 northbound ramps/East Avenue/Jensen Avenue indicates the delay decreases from the Existing to Existing plus Project conditions with the same lane configuration and with increased traffic volumes. An explanation should be provided to justify the decrease in delay between conditions. As stated on page 4.14-40 of the Draft PEIR: “The results presented in Table 4.14-19 reflect signal timing changes that are anticipated to occur during routine maintenance of the traffic signals by Caltrans. This includes adjustments to cycle lengths and shifting green time to phases for movements that experience greater increases in traffic volume. These adjustments in one case (at the intersection of SR-99 Northbound Ramps/East Ave./Jensen Ave.) result in slightly better operations under existing plus proposed Plan conditions than existing conditions due to more efficient use of the traffic signal cycle.” GOV3-10 In reference to Tables 4.14.-4, 4.14-11, 4.14-15, and 4.14-18, deceleration length at the off-ramps prior to stopping at the end of queue is required. Refer to the current Caltrans HDM for deceleration length requirements. Tables 4.14-4, 4.14-11, 4.14-15, and 4-14-18 have been revised as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-11 Table 4.14-10 - Existing plus Project condition and Table 4.14-14 - Cumulative Conditions are not consistent in regards to delay. An explanation as to the Delay and LOS results for the Existing Plus Proposed Plan scenario in Table 4.14-14 in Chapter 4.14 of the Draft PEIR has been revised to match Table SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-25 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response inconsistency should be explained. 4.14-10 as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. GOV3-12 Refer to Synchro worksheets for SR 41 northbound ramps/North Avenue, the Cumulative displayed two eastbound-through-lanes and two westbound- through-lanes, and the Existing and Existing plus Project condition displayed one eastbound-through-lane and one westbound through-lane. It is unclear when North Avenue within the interchange area is widened to two lanes before it would be mitigated. As described on pages 4.14-53 and 4.14-54 of the Draft PEIR, the widening of North Avenue to a four-lane divided arterial east of Elm Avenue is included as a planned improvement to the regional roadway network as identified in the Fresno Council of Governments Regional Transportation Plan/Sustainable Communities Strategy, Fresno Downtown Plans, and/or the Fresno General Plan. According to the project list, this improvement is planned to be open to traffic in 2035. GOV3-13 Refer to Table 4.14-14 and Synchro worksheets for SR 99 northbound ramps/East Avenue/Jensen Avenue, the traffic volumes would increase from the Existing plus Project to Cumulative condition but the delay would decrease. Synchro files should be submitted to verify this delay. Please see Response GOV3-11. The delay and LOS results for the Existing Plus Proposed Plan scenario in Table 4.14-14 of the Draft PEIR has been revised to match Table 4.14-10 as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. With these revisions, the delay increases from existing plus proposed Plan conditions to cumulative conditions. GOV3-14 The queue length on the westbound-left turn lane at the SR 99 southbound ramps/Fresno Street will exceed the available storage. The comment correctly identifies that the queue for the westbound left- turn on Fresno Street turning onto the SR 99 southbound on-ramp would exceed the available storage of the westbound left-turn pocket. However, this is not a significant impact per the significance criteria on page 4.14-35, Chapter 4.14 of the Draft PEIR. GOV3-15 Refer to Page 4.14-69 (MM Trans 7.3), the proposed southbound right-tum phase to run concurrently with the eastbound through phase may be conflicting with pedestrian crossing phase. Synchro files should be submitted to verify the proposed mitigation. The pedestrian crossing phase would run concurrently with the westbound through phase, and would not conflict with the proposed southbound right-turn phase. GOV3-16 The Synchro analysis and the proposed improvements for each interchange will need to be reevaluated once Synchro files are submitted to Caltrans for review. Additional comments will be provided at the later date. Synchro analysis files were submitted to Caltrans for review by the City on October 11, 2017. GOV3-17 Trip generation, trip distribution, and intersection traffic turning movement figures should be provided. Intersection traffic turning movement figures have been provided in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. As stated on page 4.14-29 in Chapter 4.14 of the Draft PEIR, trip generation for the proposed Plan is estimated by the travel demand forecasting (TDF) model that was developed for the Fresno General Plan MEIR. As stated on page 4.14-36, the proposed Plan’s land uses are added to the Fresno General Plan MEIR TDF model, and the TDF model generates trips based on those land uses and locally valid trip generation rates. Since the trip generation step is one of several steps in the TDF modeling process outlined on page 4.14-29, it is not feasible to develop a figure that illustrates the proposed Plan’s trip generation. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-26 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Similarly, the scope and scale of the 3,255-acre Plan Area makes developing an accurate trip distribution figure infeasible. Spanning more than three miles east-to-west and three miles north-to-south with an irregular shape, development in the northwest portion of the Plan Area would have a much different trip distribution pattern from the southeast portion of the Plan Area, which would be different still from areas in the central, western, and southern portions of the Plan Area. In addition, a portion of the trips generated by the proposed Plan would travel within the Plan Area without using regional roadways or the State highway system outside the Plan Area. Given the complexities of the Plan Area’s size, scope, and scale, the Fresno General Plan MEIR TDF model was the most appropriate tool to distribute the Plan Area trips, as described on page 4.14-29, Chapter 4.14 of the Draft PEIR. GOV3-18 SB 375 formalized the connection between land use planning and transportation. Population growth is eminent. The Specific Plan is indicating that the "Vehicle Miles Traveled (VMT)" is projected to increase to approximately 1,470,179 with full build-out. Furthermore, with the funding constraints in transportation that we are compelled to contend with, we are learning that we cannot necessarily afford to build our way out of congestion. While there is still opportunity to expand infrastructure in our region, we will also need to manage our transportation infrastructure more efficiently. This can only be done by working together, maximizing funding opportunities (i.e. all-inclusive Regional fee programs) to develop a well-integrated system that offers various alternative modes for our residents. Should you have any questions or concerns, please feel free to contact David Padilla at (559) 444-2493 or dave.padilla@dot.ca.gov. The comment affirms the Draft PEIR analysis; however, it does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. The proposed Plan includes goals and policies that promote the efficient management of transportation infrastructure and a well-integrated system that offers various alternative modes for Southwest Fresno residents, including Goals T-4, T-6, T-7, T-8, T- 11, T-12, and T-14, and the multiple policies contained under each of these goals. Furthermore, Fresno General Plan policies MT-1-p, MT-2-b, MT-2-g, MT-2-j, MT-2-l, and MT-4-c reaffirm the City’s commitment to work together with our partners in the region to address the topics identified in this comment. GOV4 9/25/2017 Thomas W. Barth, Barth Daly LLP, Washington Unified School District GOV4-01 Our firm represents Washington Unified School District ("District"). On behalf of the District, we submit these comments on the Draft Program Environmental Impact Report ("Draft PEIR") prepared for the proposed Southwest Fresno Specific Plan (collectively, the "Project"). As set forth in this letter, the Draft PEIR does not comply with the California Environmental Quality Act ("CEQA," Pub. Resources Code, §§ 21000, et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000, et seq.) for both technical and substantive reasons. The Draft PEIR The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Please see Responses GOV4-02 through GOV4-15. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-27 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response does not include sufficient information to evaluate potential environmental impacts related to schools. The District requests that the City revise the Draft PEIR to address the issues identified in this letter, develop appropriate mitigation measures for any impacts that are identified as significant, and then recirculate the revised Draft PEIR as required by CEQA. (Cal. Code Regs., tit. 14, § 15088.5.) As another public agency serving the population of Fresno, the District prefers to cooperate with the City regarding the proposed Project so as to help ensure that it will benefit the entire community, without undue impacts. The District's primary concern is that the Project not create significant impacts on the student population it serves, their families, District staff and teachers, and the school facilities in which they are housed. The District wishes to emphasize that this Project has the potential to have a profound negative effect on the District's students, their families, and residents who will reside in and near the Project. It remains the District's hope that collaboration between the District and both the City and Project developers can occur to avoid this result. GOV4-02 I. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate description of the environmental setting related to schools. An environmental impact report is required to include a description of the physical environmental conditions in the vicinity of the project as they exist at the time the notice of preparation is published. This environmental setting constitutes the baseline physical conditions by which the lead agency determines whether an impact is significant. (Cal. Code Regs., tit. 14, § 15125, subd. (a).) In this regard, the Draft PEIR's discussion of the impacts of the Southwest Specific Plan on the District's ability to serve students generated by the eventual development in the Plan area is of particular concern. The Draft PEIR contains no specific information pertaining to the District, and relies almost exclusively on information pertaining to Fresno Unified School District (serving just a portion of the north of the Plan area, and Central Unified School District (serving only a small part along the western edge of the Plan area. [Draft PEIR, p. 4.13-14-17.] The PEIR entirely fails to disclose the existing conditions of schools located within the District. Where the environmental setting in an EIR contains inaccuracies, it fails as an informational document. An EIR cannot properly and accurately assess the impacts of the project or determine appropriate mitigation measures if it does The comment expresses concern regarding baseline physical conditions and states that the EIR does not contain any specific information about the Washington Unified School District (WUSD). The City attempted to contact the WUSD in July 2017 during the preparation of the Draft PEIR to receive school data and did not receive a response. In addition, the City did not receive a letter in response to the Notice of Preparation (NOP) filed on February 23, 2017, and no information was available on the District's website. Absent this information, the City reasonably used baseline conditions from another local school district, the Fresno Unified School District (FUSD), consistent with the Draft PEIR approach of tiering from the Fresno General Plan Master EIR adopted July 2014. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements; thus, no additional analysis per the commenter’s request is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-28 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response not include adequate consideration and documentation of the existing environmental conditions. (See, San Joaquin Raptor/Wildlife Rescue Center, et al. v. County of Stanislaus (1994) 27 Cal.App.4th 713.) GOV4-03 II. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate analysis of environmental impacts related to schools. A. The Draft PEIR contains an inadequate discussion of impacts on schools. The Draft PEIR is deficient in its discussion and proposed mitigation of school- related impacts that may result from the Project. The Draft PEIR states that impacts on schools are deemed less than significant with payment of school developer fees. [Draft PEIR, pp. 4.13-18-19.] The Draft PEIR states that in accordance with Senate Bill ("SB") 50, "the City collects Development Impact Fees for the provision of school facilities that would accommodate the projected increase in student population within the Plan Area." [Draft PEIR, p. 4.13-19.] This analysis is based on a misconception and falls short of providing a full and accurate picture of the school-related impacts that will necessarily result from the Project. Further, here and elsewhere, the Draft PEIR contains bare conclusions regarding impacts without a sufficient explanation of the basis for those conclusions, again in violation of CEQA. (Laurel Heights Improvement Ass'n. v. Regents of the University of California (1988) 47 Cal. 3d 376, 397.) In this instance, as the Draft PEIR fails to acknowledge, the statutory school impact fees will not sufficiently fund the necessary new facilities. It is commonly understood that "Level 1" developer fees (Ed. Code,§ 17620; Gov. Code,§ 65995) for schools cover only approximately one-third of the projected cost of school construction, with the other two-thirds expected to come from State and local bond funds. With there now having been no new statewide bond measure for school facilities for many years, State funds are depleted, leaving an even greater shortfall. Similarly, "Level 2" fees reflect only approximately half of the necessary cost, as demonstrated by the fact that when State funding runs out, the possibility of an approximate doubling of the fees to a "Level 3" is permitted to address the full anticipated cost of school construction. (See Go,1. Code §§65995.5 - 65995.7.) Level 3 fees are not currently available due to a pending lawsuit against the State Allocation Board, which is not likely to be resolved in short order. The shortfall of necessary funds is exacerbated by the potential limitations on bonding capacity of land in the Plan Area, should a new school site be needed. Without sufficient space to build on the current elementary school As indicated in the Draft PEIR, per California Government Code Section 65995(3)(h), the payment of statutory fees is “deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization...on the provision of adequate school facilities.” Thus, because applicants for all future development under implementation of the proposed Plan would be subject to applicable developer impact fees, impacts to the FUSD, WUSD, and Central Unified School District (CUSD) were correctly described as less than significant in the Draft PEIR. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-29 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response site owned by the District in the Plan Area, acquisition of a new site, and more likely multiple sites, is probable, with inadequate available funds for such land purchases. The developer fees cited by the Draft PEIR were never intended to prohibit other mitigation, nor will they adequately mitigate all impacts of this Project. Government Code section 65996(b) mentions only "school facilities mitigation," meaning that mitigation of impacts on issues other than school facilities must still be addressed. (See, Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016.) GOV4-04 The Draft PEIR fails to explore other measures that would alleviate the impact of the increases in student enrollment. Government Code section 65996 also does not preclude a host of available means of addressing a School District's needs as a result of new development. Alternative means of addressing the impacts of new development on schools still allowed under SB 50, and not acknowledged in the Draft PEIR, include: 1. Coordinated Planning for School Sites Government Code sections 65352 and 65352.2 require local cities to coordinate planning of school facilities with school districts. The Legislature confirmed in this statutory scheme that the parties are meant to coordinate "[o]ptions for the siting of new schools and whether or not the local city or counties existing land use element appropriately reflects the demand for public school facilities, and ensures that new planned development reserves location for public schools in the most appropriate locations." (Gov. Code 65352.2(d)(2).) No such coordination has occurred in relation to the Project. The Draft PEIR does not analyze the City's failure to comply with these coordination requirements. The Legislature recognized that new planned development should take into consideration and even "reserve" locations for schools to serve development because schools are as integral a part of planning for new development as is any other public service, such as fire, police, water and sewer. As it relates to this instance, the intent behind sections 65350, et seq., supports the District's position that the City must analyze whether the current size of District schools is adequate to accommodate both its existing population and the new development. The City can help the District provide adequate facilities resulting from the impacts of the Project, which are not addressed by developer fees, by acknowledging the significant impact on schools, and requiring alternative The comment expresses concern regarding the coordination of planning of school facilities with school districts. As stated on page 4.13-18 of the Draft PEIR, the proposed Plan includes goals and policies related to school facilities, specifically Goal PF-5 and Policy PF-5.1, which are described below. With respect to the commenter’s concerns of inadequate mitigation measures to address school siting issues within the Plan Area, the WUSD has its own methodology for managing school population and the determination for a new or physically altered school facility is outside of the jurisdiction of the City. However, as stated on page 4.12-6 of the Draft PEIR, the population within the Plan Area is not projected to increase above the population projected in the Fresno General Plan, adopted in 2014. In addition, as discussed in the Draft PEIR, Goal PF-5 and Policy PF- 5.1 ensure that the amount of existing and new schools within the Plan Area adequately support the number of existing and new residents, and school sites are identified, located outside the Plan Area but within the SOI, in the adopted Fresno General Plan. Further, applicants for all future development under implementation of the proposed Plan would be required to undergo separate environmental assessment as required by CEQA to identify appropriate mitigation measures. As a program-level EIR, it would be speculative for this EIR to conduct a site-specific analysis of potential future school sites that have not yet been identified. The City is looking forward to working with the WUSD to designate new sites if needed. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-30 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response mitigation measures to assure that there are adequate sites to accommodate school facilities. The Draft PEIR states that "As future development occurs throughout the Plan Area, the school districts would continually monitor capacities of existing schools and forecast the timing of the construction of new schools or expansion of existing school so that new student populations can be provided with adequate school facilities ... ," but this statement is inadequate as mitigation because it does not commit the City to any action, and does create a condition of approval for developers. [Draft PEIR, p. 4.13-18.] The City has improperly delegated authority for development of adequate mitigation measures to address the school siting issues to future developers of the land within the Plan Area. This is not a permissible delegation of authority under CEQA. (Cal. Code Regs., tit. 14, § 15025, subd. (b)(l).) Per section 15084, subdivision (e), of the CEQA Guidelines, a draft EIR must reflect the independent judgment of the lead agency, and the lead agency is responsible for the adequacy and objectivity of the draft EIR. Leaving developers to come up with mitigation measures to address school-related issues does not comply with this standard. (See also, Pub. Resources Code,§ 21081.6, subd. (b); Cal Code Regs., tit. 14, § 15126.4, subd. (a)(2) [EIR must have mitigation measures that are enforceable through conditions of approval, contracts or other means that are legally binding].) GOV4-05 2. Land Dedication One feasible mitigation measure not addressed by the City would be for the City to adopt findings requiring any developer building as part of the development allowed by the Project to dedicate land and/or funding pursuant to Government Code sections 65970, et seq., which permit the City to require a developer to dedicate land to a school district. Section 65974 specifically states that "for the purpose of establishing an interim method of providing classroom facilities where overcrowded conditions exist, ... a city, county, or city and county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development." Nothing in SB SO/ Government Code section 65996 precludes this approach. A land dedication requirement would be good public planning benefiting all residents of the community, including future residents of the Project. Land Please see Response GOV4-04. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-31 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response suitable for a new school site in the vicinity of the Project is already scarce; it will only become more so if the Project is implemented and further development occurs. Under Government Code sections 65352 and 65352.2, the City has a duty to help plan for adequate services to its residents by ensuring that future sites are set aside for schools. Failure to do so leads to inadequate services, future controversies, and the potential need for a school district to exercise its rights under eminent domain, displacing future residents. All of these are impacts potentially stemming from the Project that are not considered in the Draft PEIR, and for which mitigation is and can be made available under existing law. Land dedication is a permissible mitigation measure under Government Code sections 65995, et seq. Section 65995(a) specifically states that "[e]xcept for a fee, charge. dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication or other requirement for the construction or reconstruction of school facilities may not be levied .... " (Emphasis added.) Section 65995 expressly excludes Chapter 4.7, inclusive of section 65974, from this limitation, thus permitting a city to address the impacts of development through the dedication of land. Further, the City is authorized by section 66478 of the Subdivision Map Act to require dedication of elementary school sites when needed to address development. Nothing in Government Code sections 65995, et seq., precludes such a requirement. Land dedication is particularly important in the Project's vicinity given the lack of available vacant land for the school facilities that will be needed to serve the Project. GOV4-06 3. Phasing Another method by which the City can work cooperatively with the District within all legal constraints to ensure adequate school facilities with regard to new development allowed by the Project is by requiring future development to be phased and not permitted prior to availability of school facilities. Timing development so as to balance the availability of school facilities with new development can significantly aid the District in its attempt to provide for the additional students who will be generated as a result of the Project and development following approval of the Project. The Draft PEIR makes vague Please see Response GOV4-04. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-32 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response assumptions regarding project build-out by stating that the development of residential units would occur over many years, so the growth in students would be spread across the some unknown future time. The reality is that the District must plan in advance for the arrival of the new students generated by the Project. The City could mitigate the impacts of the Project and allow for available school facilities when needed by requiring phasing of future development. This phasing could require that the timing of the development of the Project be coordinated with the availability of school facilities. GOV4-07 B. The Draft PEIR contains an inadequate discussion of other school related impacts. In addition to the above discussion of the inadequacy of school impact fees to mitigate the Project's significant impact on schools, the Draft PEIR fails to address other types of impacts related to the inundation of District schools that will be caused by the Project. The case of Chawanakee Unified School District v. County of Madera, et al., (2011) 196 Cal.App.4th 1016 ("Chawanakee") addresses the extent to which a city or county must consider school related impacts in an environmental impact report for new development. The Court determined that SB 50 does not excuse a lead agency from conducting environmental review of school impacts other than an impact "on school facilities." With respect to this terminology from subdivision (a) of section 65996, the Court opined: [T]he use of the term "on" indicates a direct relationship between the object (i.e. school facilities) and the impact and excludes impacts to other parts of the physical environment. Consequently, the phrase "impacts on school facilities" used in SB 50 does not cover all possible environmental impacts that have any type of connection or relationship to schools. (Id., at 1028.) The comment expresses concern regarding an inadequate discussion of other school-related impacts. As described in Chapter 1, Introduction, the Draft PEIR is a program-level analysis that tiers from the Fresno General Plan Master EIR adopted July 2014. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements. As a program-level EIR, it would be speculative for this EIR to conduct a site-specific analysis of potential future school sites in this Draft PEIR that have not yet been identified;; thus, no additional analysis per the commenter’s request is required. Further, as the WUSD did not respond to the Notice of Preparation (NOP) filed on February 23, 2017 and did not respond to a request for information in July 2017, the Draft PEIR assumes WUSD has adequate capacity, without a need to mitigate other school- related impacts through implementation of the proposed Plan. Policy PF- 5.1 ensures that the amount of existing and new schools within the Plan Area adequately support the number of existing and new residents. Further, discretionary projects under the proposed Plan would be required to undergo separate environmental analysis as required by CEQA to identify appropriate mitigation measures. GOV4-08 As a result, the Court of Appeal in Chawanakee concluded that the County would have to set aside the certification of the EIR at issue in that case and approvals of the project and take "action necessary to bring the EIR into compliance with CEQA regarding its analysis of the (a) traffic from private and school bus trips to existing schools outside the project area pending the construction of school with the project area and (b) the potential environmental effects from the construction of additions, either temporary or permanent, to existing schools prior to the construction of schools in the project area." (Id., at 2019.) The Draft See Response GOV4-07. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-33 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PEIR does not contain any discussion of these impacts and effects. As in the Chawanakee case, there is no analysis whatsoever in the Draft PEIR of the impact on school children and surrounding neighborhoods as portable classrooms or permanent construction are added to existing schools, or new schools are built, to accommodate development flowing from the approval of the Project. This would include addition of second stories on existing school buildings. GOV4-09 1. Traffic and Transportation Though the Draft PEIR generally analyzes the impacts of increased traffic, its analysis is inadequate particularly as related to schools. Traffic in the area of the Project is already impacted. The Specific Plan recognizes that the only high school within the District boundaries, Washington High School, is approximately four (4) miles south of the Plan Area, but the Draft PEIR fails to account for the traffic associated with transporting students from newly developed residential areas within the Plan Area to the existing high school, prior to any construction of a high school within the Plan Area. The Draft PEIR must include greater analysis regarding safety issues affected by traffic, such as reduced pedestrian safety (particularly as pupils walk to and from the schools that will serve the Project area), reduced response times for emergency services and first responders traveling to school sites, and increased gridlock during, before, and after school drop-off and pick-up hours. Since the District does not provide regular bussing for students (an important existing condition not addressed in the Draft PEIR), the Project has the potential to create substantial impacts in terms of traffic. Given these concerns and the lack of mitigation measures to address them adequately, the Draft PEIR must be revised and supplemented to analyze the significant issues of traffic and safety as they relate to existing and proposed schools. The Chawanakee case supports the conclusion that greater traffic analysis that specifically takes the District and its students into consideration is required. The travel demand forecasting (TDF) model used in this study (originally developed for the Fresno General Plan Master EIR) includes land use and transportation inputs for all of Fresno County. This includes land use inputs that reflect schools in WUSD, including West Fresno Elementary School, West Fresno Middle School, and Washington Union High School, as well as schools in FUSD, CUSD, private schools, and other public school districts in the county. The TDF model’s trip generation, trip distribution, mode choice, and trip assignment steps, described on page 4.14-29 of the Draft PEIR, account for school trips that would be generated by newly developed residential areas. This includes trips between the proposed residential development in the Plan Area and existing schools as well as proposed school locations in and around the Plan Area. As shown in Table 4.14-9 and Table 4.14-13, Elm Avenue, Martin Luther King Jr. Boulevard, and North Avenue in the southeastern portion of the Plan Area all show increases in a.m. and p.m. peak hour traffic levels with the proposed Plan, reflecting new trips generated by development in the proposed Plan, including school trips to and from WUSD school sites. Per Fresno General Plan policy MT-2-i, a Transportation Impact Study (TIS) will be required for: • all development projected to generate 100 or more peak hour new vehicle trips if they are located in traffic impact zone (TIZ) III (most of the WUSD portion of the Plan Area); • all development projected to generate 200 or more peak hour new vehicle trips if they are located in TIZ II or TIZ IV (the remaining Washington Unified School District portion of the Plan Area); • a project that includes a General Plan amendment; or • a project that will substantially change the off-site transportation system SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-34 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response These transportation studies will evaluate traffic conditions as new development occurs, including traffic generated by school-related trips. Furthermore, future discretionary projects, including new schools, would be required to conduct project-level environmental assessment, including a traffic analysis. The comment expresses concern regarding the findings under Impact TRANS-4. As stated on page 4.14-48 and page 4.14-50 of the Draft PEIR, the proposed Plan includes goals and policies that promote pedestrian and bicycle safety, including the safety of students. This includes Goals T-1, T-3, T-4, T-9, and Policies T-3.5 and T-4.5. The comment expresses concern regarding the findings under Impact TRANS-5 related to response times for emergency services. As stated on page 4.14-50 of the Draft PEIR, the proposed Plan would expand the roadway network to serve forecasted travel demand and improve existing rural or substandard roadways to City standards. This enhanced roadway network that accommodates forecasted travel demand would also provide adequate emergency access. Therefore, the proposed Plan would have a less than significant impact on emergency access. GOV4-10 As stated in Chawanakee, a project's indirect impacts on parts of the physical environment that are not school facilities are not excused from being considered. For example: [A]n impact on traffic, even if that traffic is near a school facility and related to getting students to and from the facility, is not an impact 'on school facilities' for purposes of Government Code section 65996, subdivision (a). From both a chronological and a molecular view of adverse physical change, the additional students traveling to existing schools will impact the roadways and traffic before they set foot on the school grounds. From a funding perspective, the capped school facilities fee will not be used by a school district to improve intersections affected by the traffic. Thus, it makes little sense to say that the impact on traffic is fully mitigated by the payment of the fee. In summary, ... the impact on traffic is not an impact on school facilities and, as a result, the impact on traffic must be considered in the EIR. (Chawanakee, 196 Cal.App.4th at 1028-29.) Please see Response GOV4-09. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-35 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response GOV4-11 The Draft PEIR expressly acknowledges that there will be traffic (and other) impacts associated with construction and operation of new or expanded schools, and it states, " . ..there could be significant adverse environmental impacts from the construction and operation of the schools. Typical impacts associated with schools include: noise and traffic for most of the schools and potentially lighting if there are high school stadiums proposed." [Draft PEIR, p. 4.13-18.] In this regard, the Draft PEIR fails to comply with CEQA and the requirements of Chawanakee. Mitigation measures are required to be enforceable through conditions of approval, contracts or other means that are legally binding. (Pub. Resources Code, §21081.6, subd. (b); Cal. Code Regs., tit. 14, § 15126.4, subd. (a)(2).) The measure in the Draft PEIR that defers mitigation of the impacts of future development does not meet this standard, and is therefore inadequate. It does not commit the City to take any action in the future, or refrain from doing so, and it does not impose any obligation on a third party through a condition of approval or contract. The measure also improperly defers formulation of mitigation. While deferral of specifics is acceptable in some circumstances, the lead agency must articulate specific performance criteria and make further approval contingent on finding a way to meet them. In Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, an EIR was disapproved by the court based on the fact that it improperly deferred mitigation of impacts to an endangered butterfly and did not include any performance standards or guidelines. Rather, the court found that the anticipated plan for management contained nonspecific actions, and left the timing and other specifics subject to the discretion of the habitat preserve manager on prevailing environmental conditions. Therefore, the activities were not guaranteed to occur at any particular time or in any particular manner. Further, the EIR in Preserve Wild Santee did not indicate that it was in any way impractical or infeasible to specify standards or guidelines. Like the EIR in Preserve Wild Santee, the Draft PEIR improperly defers mitigation of significant impacts related to the foreseeable need to construct schools to serve the expected development within the Plan Area. This comment expresses concern regarding deferred mitigation. Mitigation measures describe the actions that will be taken to reduce or avoid an impact. It is ordinarily not appropriate to defer the formulation of mitigation measures until some future time (CEQA Guidelines Section 12156.4(a)(1)(B)). The CEQA Guidelines acknowledge an exception, explaining that mitigation measures may specify performance standards for mitigating a significant impact that might be accomplished in various ways. In Sacramento Old City Ass’n v. City Council (1991) 229 Cal.App.3d 1011, the court held that an agency may defer committing to a specific mitigation measure when it approves a project if the measures that will be considered subsequently are described and performance criteria are identified. The court reasoned that when it is known that mitigation is feasible, but it is impractical to devise specific measures during the planning process, the agency can commit itself to devising measures that satisfy performance criteria. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project, the effects of the mitigation measure are discussed in the Draft PEIR, but in less detail than the significant effects of the project as proposed (Stevens v. City of Glendale (1981) 125 Cal.App.3d 986; CEQA Guidelines Section 15126.4(a)(1)(D)). The Draft PEIR tiers from the Fresno General Plan Master EIR and is consistent with the finding under Impact PS-3. Accordingly, as shown in Chapter 3 of this Final EIR, MEIR Mitigation Measure PS-3 has been included in response to this comment. GOV4-12 The failure adequately to consider and analyze the constraints on the future need to construct schools contemplated in the Draft PEIR also points to a failure to consider adequate and feasible alternatives, as required by CEQA. (See, e.g., As discussed in response to comment GOV4-09, the traffic analysis accounts for school trips that would be generated by newly developed residential areas, and these trips are reflected in the traffic forecasts SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-36 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Pub. Resources Code § 15126.6(a)-(e).) To the extent that the City contends that the traffic analysis "assumes" that there will be school trips associated with residential units, this is not sufficient. There is no specific data or discussion of such school trips, and there is no way to separate those types of trips from other vehicle trips so as to meaningfully review and analyze their impacts. The analysis therefore fails to comply with CEQA. (See, Pub. Resources Code,§ 21003, subd. (b) [EIR must be meaningful and useful to decision-makers and the public]; Cal. Code Regs., tit. 14, §§ 15140, 15147 [maps, charts and other means of presenting information graphically should be used to enhance an EIR's clarity; technical data should be summarized].) presented in Table 4.14-9 and Table 4.14-13 of the Draft PEIR. As described on pages 4.14-29 and 4.14-30 of the Draft PEIR, the plan-level traffic analysis conducted for this programmatic EIR uses the state-of-the- practice four-step travel modeling process to develop traffic forecasts, and state-of-the-practice traffic operations methodologies contained in the Highway Capacity Manual to evaluate traffic operations. The analysis uses specific traffic significance criteria identified in the City of Fresno Traffic Impact Study Report Guidelines and Caltrans’ Guide for the Preparation of Traffic Impact Studies to identify significant impacts, as discussed on pages 4.14-30, 4.14-31, and 4.14-34 of the Draft PEIR. Table 4.14-9 and Table 4.14-13 summarize the a.m. and p.m. peak hour traffic levels for existing conditions, existing plus proposed Plan conditions, and cumulative conditions side-by-side so readers can easily see how traffic changes by segment. Figures 4.14-5, 4.14-13, and 4.14-17 present maps with average daily traffic (ADT) volumes on study roadway segments, while Figures 4.14- 6, 4.14-7, 4.14-14, 4.14-15, 4.14-18, and 4.14-19 present maps showing the a.m. and p.m. level of service (LOS) to make the results of the analysis more accessible to readers. Since the analysis presented in Chapter 4.14 of the Draft PEIR uses state-of- the-practice methodologies, relevant traffic significance criteria for the lead and responsible agencies, clearly presents the results of the analysis, and summarizes the potential impacts of the proposed Plan on transportation and traffic, the Draft PEIR sufficiently describes the transportation effects in a meaningful and useful way for decision makers and the public. GOV4-13 2. Impacts of commercial development The Draft PEIR ignores the impact of commercial development on the generation of students and demand for schools. This oversight apparently results from a flawed assumption with no basis. In fact, the Legislature has expressly recognized that commercial development generates students. Otherwise, it would not have authorized school districts to charge fees against commercial and industrial development, as it did with Education Code section 17620(a)(l)(A). The imposition of fees on commercial and industrial development is based on the premise, recognized by the Legislature, that this type of development will attract new employees with families and therefore will generate new students. (See, The comment expresses concern regarding student generation rates. The City attempted to contact the WUSD in July 2017 during the preparation of the Draft PEIR. The WUSD did not provide background data on how their student generation rates are established as requested on July 11, 2017. The WUSD is responsible for establishing its student generation rates. Absent this information, the City reasonably used student generation rates from another local school district, the FUSD. These rates are based on residential growth and not commercial growth. The Draft PEIR evaluates school impacts and mitigation measures based on current State guidelines and requirements; thus, no additional analysis per the commenter’s SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-37 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Shapell Industries, Inc. v. Governing Board (1991) 1 Cal.App.4th 218, 246.) Since California law provides for fees to be imposed on both residential and commercial development, it recognizes that the students generated by these types of development do not necessarily overlap. Thus, the impacts of student generation resulting from both types of development must be analyzed. request is required. GOV4-14 III. Plan Consistency The Draft PEIR also fails adequately to consider consistency with the City of Fresno General Plan ("General Plan"). The Draft PEIR acknowledges that the General Plan contains the goal of "Appropriate School Locations," and "Park and School Park and School Site Coordination." [Draft PEIR, p. 4.13-14 (quoting Policies POSS-8-b/c).] No analysis is undertaken and no information is provided as to whether the Project will result in such efficient and equitable distribution of quality educational facilities. In fact, the development likely will be underserved by school facilities, and hence educational opportunities, as discussed earlier. Residents of the Project will therefore face inequity with other students in the District, including undersized schools, lack of play space, lack of parking, school overcrowding, and potentially disadvantageous location of facilities near railroad tracks and gas pipelines. This inconsistency and relating impact must be addressed in the Draft PEIR. The comment expresses concern regarding consistency with the City of Fresno General Plan. As stated on page 4.13-19 of the Draft PEIR, implementation of "Goal PF-8: Locate parks, schools, and other public facilities equitably," among other requirements, would result in less-than- significant impacts to schools; thus, no additional analysis per the commenter’s request is required. GOV4-15 Conclusion The Draft PEIR does not adequately analyze the Specific Plan's potential impacts, particularly as related to schools. The Draft PEIR must address with greater specificity the impacts on school facilities and services, student safety, and more, as addressed in this letter. The District encourages the City to work cooperatively with the District and consider alternative mitigation measures that can assist in adequately mitigating the impacts on the District's schools and the affected surrounding environment. The Draft PEIR is also deficient in the other manners discussed above. The District stands ready to meet and work with the City to address these vital issues. See Master Response 2. The City is committed to working with the WUSD, as stated in Policy PF-5.1 of the proposed Plan. GOV5 9/25/2017 Steven White, Director, County of Fresno Department of Public Works & Planning GOV5-01 Sophia Pagoulatos, Planning Manager 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 SUBJECT: Notice of Availability of the Draft Program Environmental Impact Report for the The text on page 4.14-9 of the Draft PEIR notes General Plan policy MT-11- c. These comments do not relate to the adequacy or accuracy of the Draft PEIR or the potential environmental effects of the proposed project. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-38 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Southwest Fresno Specific Plan Dear Ms. Pagoulatos, The County of Fresno appreciates the opportunity to review and comment on the subject Notice of Availability. In the Transportation and Circulation section of the Technical Appendices, the plan proposes new and modified truck routes on the below County Roadway segments: 1. Central Avenue - SR 41 to West Avenue 2. Church Avenue - West Avenue to Marks Avenue 3. Elm Avenue - Central Avenue to North Avenue 4. West Avenue - Central Avenue to North Avenue 5. Marks Avenue - Church Avenue to Kearney Boulevard Based on data gathered on these roadways in the PMS database, the existing roadway conditions of some of these roads include narrow pavement widths and very low PCI. Even though this is a planning document, the recommended truck routes should be thoroughly discussed and evaluated before designating the proposed routes as future truck routes. The County requests to be included in all discussions regarding truck routes and potential impacts to County Roads. Please contact Tong Xiong from our Design Division ((559) 600-4532 or tonxiong@co.fresno.ca.fresno) and Frank Daniele from our Road Maintenance and Operations Division ((559) 600-4268) or fdaniele@co.fresno.ca.us) regarding this request. We appreciate the opportunity to comment on the project. If you have any questions, you may email me at cmonfette@co.fresno.ca.us or contact me at (559) 600-4245. Sincerely, ELECTRONIC SIGNATURE Chrissy Monfette, Planner Development Services Division CMM: G:\4360Devs&Pln\EnvPlan\OAR\City of Fresno\Southwest Fresno Specific Plan\NOA\SWF SP NOA Comment Letter.dotx c: Bernard Jimenez, Deputy Director of Planning SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-39 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response William M. Kettler, Development Services Division Chris Motta, Development Services Division Marianne Mollring, Development Services Division GOV6 9/27/2017 Wendull Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District GOV6-01 Ms. Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department 2600 Fresno Street, RM 3065 Fresno, CA 93 721 Dear Sophia, Fresno Metropolitan Flood Control District (District) Comments on the Draft Program Environmental Impact Report (DPEIR) for City of Fresno Southwest Specific Plan (Plan) SCH#2017031012 District has reviewed the subject DPEIR for the City of Fresno Southwest Specific Plan and has the following comments. The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV6-02 1. On page 4.9-15 under Local Surface Waters and Drainage, the storm drainage pipe system (not the basin as called out in the text) has the capacity for a two- year storm and the basin is designed for six-inches (6") of rain over the Master Planned water shed areas . Further in the paragraph it should be noted in older areas of the existing system there may not be available area to expand basin property to allow a 20 percent change in required volume. The same comment is applicable to 4.9-24 and 27. Text edits to Chapter 4.9 of the Draft PEIR have been made to clarify the capacity of the storm drainage pipe system. These edits are shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. These revisions do not affect any conclusions or significance determinations provided in the Draft PEIR. GOV6-03 2. On pages 4.9-16 and 4.9-25 for their respective tables the column identifying "Acres" needs to provide more clarification. For example it is not the acreage of the drainage area, but perhaps acreage of the area within the area that is affected by the Plan. Also on the table is an identified volume for "GP Required Basin Volume" and "Specific Plan Required Basin Volume". Please provide the documentation for these calculations for review and verification. At this time the District is unable to provide proper comment to these values as presented and will provide comment after receipt of support documentation. The acreages and volumes are from Blair Church and Flynn Consulting Engineers, who prepared Chapter 7 (Utilities) of the Specific Plan dated 4- 24-17. No revision pending further comment from FMFCD. GOV6-04 3. Figure 4.9-1 FMFCD Urban Flood Control System Area is from 2014 and is out of date I and should be replaced with the current version. The most recently published map is dated 12/9/ 2016 and is included as an attachment for your use. Figure 4.9-1 in Chapter 4.9 of the Draft PEIR has been revised per the commenter's suggestion. This edit is shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. The revision does not affect any conclusions or significance determinations provided in the Draft SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-40 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PEIR. GOV6-05 4. Figure 4.9-2 Existing Urban Flood Control System In and Near the Plan Area is based on the 2014 FMFCD facilities map and is out of date and should be replaced with the current version. The most recently published map is dated 12/ 9/2016 and is included as an attachment for your use. Figure 4.9-2 in Chapter 4.9 of the Draft PEIR has been revised per the commenter's suggestion. This edit is shown in Chapter 3, Revisions to the Draft PEIR, of this Response to Comments Document. The revision does not affect any conclusions or significance determinations provided in the Draft PEIR. GOV6-06 The comments previously provided in the letter dated March 30, 2017 are still applicable for the Fresno Southwest Specific Plan prior to this subsequent request for comment for the DPEIR for the City of Fresno Southwest Specific Plan. Thank you for the opportunity to comment. Please keep our office informed on the development of the project and if you have any further questions, or need any additional information, please contact the District at (559) 456-3292. Very truly yours, Signature Wendell Lum Master Plan Special Projects Manager WL/MW/lrl Attachment The comment serves as a closing remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. GOV7 9/28/2017 Wendell Lum, Master Plan Special Projects Manager, Fresno Metropolitan Flood Control District GOV7-01 From: Wendell Lum [mailto:wendelll@fresnofloodcontrol.org] Sent: Thursday, September 28, 2017 11:04 AM To: Sophia Pagoulatos Subject: Southwest Specific Plan - Additional Comment Sophia, The District would like to add an additional comment pertaining to the City’s Southwest Specific Plan. On page 4.9-15, please delete sentence “When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area” and the number 18 citation ”Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood control District. Phone Call with Place Works, April 11, 2014.” Chapter 4.9, Hydrology and Water Quality, includes an analysis of surface water and drainage, which are evaluated using FMFCD data. Text edits to Chapter 4.9 of the Draft PEIR have been made to clarify stormwater detention processes. These edits are shown in Chapter 3, Revisions to the Draft PEIR, of this FEIR. These revisions do not affect any conclusions or significance determinations provided in the Draft PEIR. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-41 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response See the included attachment. Today, this situation is a rare occurrence because the District plans and constructs basin relief pipelines in order to avoid pumping water on the streets. The District’s current generation of Storm Drain Master Plans include basin relief pipelines that intertie the adjacent drainage areas together. This is the case for basins that do not have direct access to a canal for relief. Operationally, the District calls this situation a tiered relief system. The upstream basin pumps flow thru the relief pipeline to an adjacent downstream basin. This operation repeats until the water is ultimately moved to a downstream basin that has a permanent relief such as a canal or the river. Or the storm water may be detained at a downstream basin facility for recharge purpose depending on the forecasted weather conditions or maintenance requirements. Wendell Lum Master Plan Special Projects Manager Fresno Metropolitan Flood Control District 5469 E. Olive Avenue Fresno, Ca 93727 (559) 456-3292 Wendelll@fresnofloodcontrol.org www.fresnofloodcontrol.org B. Non-Governmental Organizations and Private Companies ORG1 8/11/2017 Terance Frazier, TFS Investments, LLC ORG1-01 I am the property owner of the three parcels of land located at the southeastern corner of E. Church Avenue and Walnut Avenue. The APN numbers are: APN 479-050-01 APN 479-050-06 APN 479-050-08 In reviewing the Land Use Map of both the Specific Plan and the DPEIR, I'm noticing that only the large 10+ acre parcel is designated Neighborhood Mixed- Use (NMX). In fact, all three parcels should be designated NMX per the fourth amendment that was approved by the City Council on December 8, 2016. As the owner of these three parcels, I respectfully request that the Land Use designations in the final Specific Plan and DPEIR be revised to include all three of the above parcels as being designated NMX, consistent with the intent of the City The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-42 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Council action in December 2016. ORG2 8/27/2017 Lee Ayres, Tree Fresno ORG2-01 Good afternoon – We wish to submit the following comments on the Plan and the program EIR: • Thanks for the thorough detail on conditions and terms. • We recommend that you add language that the Specific Plan policies and plans will be applied to adjacent areas when annexed in order to foster a coordinated plan for SW Fresno. • We applaud the policies on Green Streets to promote bicycle and pedestrian use. • Given that this is a Specific Plan, it would be helpful and appropriate to emphasize specific aims that would give this community a comparative advantage when competing with subdivisions in Fresno, Kerman, Fowler and Selma. These could include: • Green Streets to provide safe routes to schools and connect every neighborhood with the jobs in near the HSR station. • A target tree canopy of 40% • Alternative Subdivision Standards to reduce street widths and increase lot sizes and landscape ratios. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG2-02 • A Community Landscapes Plan (recently funded by a CDBG grant) to develop tree and plant collections for each major neighborhood, new and existing. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. The redline version of the Plan will include the Community Landscapes Plan as an implementation measure in Chapter 8 Implementation. ORG2-03 • We question the allocation of an above average amounts of land for commercial uses, given traffic and aesthetic impacts, unless you can demonstrate this would provide job within walking distance for residents. The Draft PEIR addresses the proposed Plan's impacts related to aesthetics and traffic in Chapters 4.1 and 4.14, respectively. The proposed Plan includes goals and policies that promote commercial uses to be located within walking distance of residents, including Goal LU-3, Policy LU-3.1, Policy LU-3.2, Goal LU-6, and Policy LU-6.1. ORG2-04 • We challenge the low allocation of land for parks; given our low ParkScore. The Draft PEIR addresses the proposed Plan's impact on meeting the City's parks and open space standard of 3 acres per 1,000 residents. The Draft PEIR includes Mitigation Measure PS-7, which mandates that "if the ratio is not met, the City should explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development." SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-43 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response ORG2-05 In fact, it would be in the interest of the future attractiveness of SW Fresno to double the existing park ratio. • Rather than not recognize Hyde Park and the Regional Sports Park as neighborhood assets, it would be better to mitigate the concerns and improve these parks. This will not reduce the need to add more. • A Community Park of 20 or more acres – maintained to a high standard – needs to be called out as a priority in the Edison High-Hinton-Computech-Gaston area. If a Community College Campus is located nearby, it would make sense to master plan the combined Greenspace provided by the school, park and college properties. • We recommend a ¼ mile buffer for pedestrians and bicyclists from major arterials such as North, Jensen, and California/Venture due to the noise, child safety and near-road air pollution. Same for schools and parks. Please see Master Response 1. ORG3 9/25/2017 Christopher Hall, Partner, McCormick Barstow LLP ORG3-01 This letter is issued on behalf of my client Darling Ingredients Inc., who own interests in properties within the lands encompassed by the Southwest Fresno Specific Plan (the "Project"). This is a comment letter concerning the Draft Environmental Impact Report ("DEIR") for the Project. Please ensure this letter is included in the Record of Proceedings regarding the consideration of the Project by the City of Fresno (the "City"). l. The EIR Project Description Omits a Significant Feature of the Project - the Goal to Displace All Developed Industrial Land Uses Within the Project Boundaries. An EIR's Project Description is required to include a clearly written statement of the objectives sought by the proposed project (CEQA Guidelines Section I 5 I 24(b)). A fundamental purpose of this Project is to abolish all zoning and land use districts for all industrial uses within the Project Boundaries, including lands that have been previously developed and which support a significant employment base for the City. (the Southwest Fresno Specific Plan Figure 3-2). However, that purpose and objective of the Project is nowhere disclosed in the Project description. The proposed Plan requires neither the relocation or cessation of existing uses or businesses, including industrial uses and businesses that have been lawfully sited and are operating within the Plan Area. Therefore, this information is not included in the Project Description. The commenter is correct that the proposed Plan reflects a change in the City's approach for accommodating future industrial development within the city. The proposed Plan envisions a gradual transition of industrial land uses in the Plan Area to land uses such as office, residential, park, public facilities, mixed-use, and commercial. The proposed Plan’s Vision chapter addresses the incompatibility of locating industrial uses near residential uses, and includes a set of industrial compatibility guiding principles to improve the quality of life of existing and future residents. These guiding principles, found on page 2-4 of the proposed Plan, include: “monitor and mitigate negative impacts of industrial uses from becoming a nuisance and hazard to residents”; “prohibit new industrial development in the Specific Plan Area through the adoption of proposed Specific Plan land use and zoning provisions and restrict the proximity of and truck routes near residential areas to the maximum extent feasible”; “locate new industrial development away from Southwest Fresno residential neighborhoods”; and “increase transparency and communication between government staff, government and elected officials, residents, and stakeholders regarding proposed industrial uses and/or improvements.” The city limit SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-44 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response contains adequate land available outside the Plan Area that may accommodate industrial uses. Currently, a total of approximately 7,250 acres citywide are designated for industrial use. Of that land, approximately 2,150 acres are vacant (including parcels identified as partially vacant) per City GIS data. Within the Plan Area, there are a total of 217 acres of existing industrial business properties. While the proposed Plan does not designate land for new industrial development within the Plan Area itself, it provides policy direction to direct new industrial growth in other areas of the city and within the City’s Sphere of Influence (SOI). Policy LU-8.2 states: “Prioritize the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial development.” Policy LU-8.2 is consistent with the City’s General Plan in that the “Reverse Triangle” area is located within the General Plan’s “South Industrial Area,” which is designated for Heavy Industrial land uses. Policy LU-8.3 states: "When 85 percent of the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses." These parcels are located directly adjacent to, but outside of, the Plan Area and within the SOI. It is the proposed Plan’s intent for future annexation of these parcels within the SOI. Note that even after annexation, these parcels would still be located outside the Plan Area. Policy LU-1.2 states: “Following the Fresno General Plan amendment to approve the Plan Area’s proposed land uses, amend the Fresno General Plan to approve the proposed land uses located outside of the Plan Area and in the SOI as shown in the Vision for Southwest Fresno for the purposes of future annexation.” Other policies under Goal LU-8 support a long-term transition of assessing and/or improving the compatibility of existing industrial uses, and locating new industrial uses to other areas of the city which are more compatible for industrial uses. Policy LU-8.4 addresses the enforcement and evaluation of performance on the operation of existing industrial activity related to air quality, odor, noise, and vibration. Policy LU-8.5 calls for the completion of the Industrial Land Use Compatibility Study, which would further identify and adopt long-term solutions for industrial land uses in existing neighborhoods. Text on pages 4.10-6 and 4.12-7 of the Draft PEIR has been revised to more accurately reflect that, while the SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-45 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response proposed Plan does not directly plan for growth outside of the Plan Area, the proposed Plan reflects the City's citywide approach to accommodating new industrial development. Finally, while the proposed Plan envisions the prohibition of new industrial uses, as well as the eventual transition of existing industrial uses to non- industrial uses, the proposed Plan does not require the immediate cessation or relocation of existing industrial uses which were lawfully established as defined by the Fresno Municipal Code. Industrial uses which were lawfully established prior to adoption of the proposed Plan will be governed by FMC section 15-402, et. seq. Transition of those sites to non- industrial uses is expected to occur over time, subject to market forces. ORG3-02 The DEIR Project Description does disclose that the Project results in 1 million square feet of less employment related uses than intended by the recently adopted 2015 General Plan. However, the DEIR claims that this decrease is the result of the change of business park and regional business park uses to other land uses such as residential, park, mixed use, and commercial (DEIR page 3-10). No mention is made of the abolition of all industrial land use designations, including the industrial designations that apply to developed industrial uses that are the source of significant employment. The comment correctly states that all industrial land use designations would be removed in the Plan Area. The text of the Project Description has been revised to describe this more clearly, as shown in Chapter 3 of this Final EIR. However, the redeisgnation and rezoning of existing industrial land uses will not necessarily result in a corresponding decrease in employment uses because the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. As such, concluding that the redesignation and rezoning of industrial land within the Plan Area would result in a decrease in employment uses is speculative, and subject to market forces. Further, redesignation of existing industrial parcels to non-industrial designations does not require the immediate cessation and relocation of existing industrial uses which were lawfully established prior to adoption of the plan. Such lawfully established industrial uses are expected to transition to non-industrial uses over time, subject to market conditions. In this way, the timing and quantity of potential employment losses related to this transition is unknown. Therefore, quantification of potential employment losses related to the transition the existing lawful industrial uses to non-industrial uses is speculative. ORG3-03 The City has had a long-standing policy, existing since the early 1970's and reaffirmed by the adoption of the 2015 General Plan, to support the retention of Please see Responses ORG3-02 and ORG3-05. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-46 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response industrial uses in the Plan Area. These policies were supported by substantial investments of Federal and Redevelopment Agency funding, which the City now intends to discard. The City possesses the land use authorities to make this significant change in long standing policy. However, the City is obligated to comply with CEQA in exercising those authorities. By failing to disclose this intended displacement policy, the City fails to analyze the potential for significant negative environmental impacts that may arise by the implementation of such a policy. Further, the Fresno General Plan did not specifically prioritize the retention of industrial uses within the Plan Area. Instead, industrial uses were contemplated in the Fresno General Plan to be located in the “South Industrial Area” which is outside the boundaries of the Plan Area. Relative to the acreage of land available for industrial uses within the City and the SOI, the amount of land proposed for redesignation to non-industrial uses is not significant, and substantial land remains available to meet the City’s industrial use needs. ORG3-04 2. The EIR Analysis of Land Use Impacts Fails to Disclose the Intended Displacement of All Developed and Undeveloped Industrial Land Uses Within the Project Boundaries. The primary purpose of an EIR is its service as a public informational document. (Public Resources Code Section 21061 ). If the EIR fails to comply with CEQA's information requirement, the lead agency has abused its discretion and failed to proceed in the manner required by law. (Vineyard Area Citizens for Responsible Growth v. City of Rancho Cordova (2007) 40 Cal. 4th 4 12, at page 435). The DEIR confirms that one of its standards of significance requires that it evaluate whether the Project conflicts with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project. (DEIR Page 4.10-2). However, the DEIR fails to sufficiently conduct the required evaluation of this important potential environmental impact. As a result, the DEIR fails to provide the public information required to achieve the EIR's required purposes. Specifically, the DEIR at Table 4.10 lists various elements of the City of Fresno's adopted 2015 General Plan, and references that Plan's policy LU-7, which requires that the City "plan and support industrial development to promote job growth". The DEIR then states that the Project is consistent with Policy LU-7 because the Project's Goal LU-8 "supports long term sustainability of industrial uses by directing them outside the plan area, where they will not conflict with existing neighborhoods." Displacing existing industrial development that was recently supported by the 2015 General Plan cannot reasonably be construed as consistent with a pol icy of planning and supporting industrial development. The proposed Plan is not in conflict with applicable Fresno General Plan objectives and policies related to industrial uses. The commenter has mischaracterized the Fresno General Plan’s policy of planning and supporting industrial development to promote job growth as a policy that requires retention of all industrial designations in perpetuity. The Fresno General Plan also states that new development should be consistent with surrounding uses, including residential uses (LU-1-b). In furtherance of the Fresno General Plan vision for compatible uses, the proposed Plan envisions a gradual transition of industrial land uses in the Plan Area to land uses such as office, residential, park, public facilities, mixed-use, and commercial. The proposed Plan’s Vision chapter addresses the incompatibility of locating industrial uses near residential uses, and includes a set of industrial compatibility guiding principles to improve the quality of life of existing and future residents. These guiding principles include: “monitor and mitigate negative impacts of industrial uses from becoming a nuisance and hazard to residents”; “prohibit new industrial development in the Specific Plan Area through the adoption of proposed Specific Plan land use and zoning provisions and restrict the proximity of truck routes near residential areas to the maximum extent feasible”; “locate new industrial development away from Southwest Fresno residential neighborhoods”; and “increase transparency and communication between government staff, government and elected officials, residents, and stakeholders regarding proposed industrial uses and/or improvements.” The City limit contains adequate land available outside the Plan Area that may accommodate industrial uses. Currently, a total of approximately 7,250 acres citywide are designated for industrial use. Of that land, approximately 2,150 acres are vacant (including parcels identified as partially vacant) per City GIS data. While the proposed Plan SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-47 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response does not designate land for new industrial development within the Plan Area itself, it provides policy direction to direct new industrial growth in other areas of the city and within the City’s Sphere of Influence (SOI). Policy LU-8.2 states: “Prioritize the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, as the City’s targeted area for new industrial development.” Policy LU-8.2 is consistent with the City’s General Plan in that the “Reverse Triangle” area is located within the General Plan’s “South Industrial Area,” which is designated for Heavy Industrial land uses. Policy LU-8.3 states: "When 85 percent of the ‘Reverse Triangle,’ bounded by Jensen Avenue, Central Avenue, Highway 41, and Highway 99, is developed with Heavy Industrial uses designate parcels along the east side of Elm Avenue south of North Avenue for future Light Industrial uses, mixed with the Plan’s planned Office uses." These parcels are located directly adjacent to, but outside of, the Plan Area and within the SOI. It is the proposed Plan’s intent that these parcels within the SOI be annexed in the future into the City’s limit. Note that even after annexation, these parcels would still be located outside the Plan Area. Policy LU-1.2 states “Following the Fresno General Plan amendment to approve the Plan Area’s proposed land uses, amend the Fresno General Plan to approve the proposed land uses located outside of the Plan Area and in the SOI as shown in the Vision for Southwest Fresno for the purposes of future annexation.” Other policies under Goal LU-8 support a long-term transition of assessing and/or improving the compatibility of existing industrial uses, and locating new industrial uses to other areas of the city which are more compatible for industrial uses. Policy LU-8.4 addresses the enforcement and evaluation of performance on the operation of existing industrial activity related to air quality, odor, and noise. Policy LU-8.5 calls for the completion of the Industrial Land Use Compatibility Study, which would further identify and adopt long-term solutions for industrial land uses in existing neighborhoods. Text on pages 4.10-6 and 4.12-7 of the Draft PEIR has been revised to more accurately reflect that, while the proposed Plan does not directly plan for growth outside of the Plan Area, the proposed Plan reflects the City's citywide approach to accommodating new industrial development. Further, cessation of lawfully established and lawfully operating existing industrial uses is anticipated to occur over time and subject to market SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-48 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response forces. In this way, the proposed Plan is consistent with Fresno General Plan Objective LU-7 and its subsequent policies. ORG3-05 In addition, the Project's Goal LU-8 does not actually direct industrial uses to areas outside the Plan Area. That is because the Project does not implement any land use policies for any lands outside the Plan Area. (Southwest Specific Plan Page 3-2). Adopting a ban on existing and future industrial land uses within the Plan Area lands does not implement a strategy for directing such uses to other areas. It simply draws a perimeter around an area within which such uses can no longer be conducted. The Specific Plan details a number of negative environmental factors associated with existing industrial uses. The ban that the Specific Plan adopts on such uses with the Plan area will presumably visit such negative impacts to other locations. However, the potential for that environmental impact arising from the Project's relocation of existing industrial uses is nowhere acknowledged or analyzed. Future development of industrial uses in other areas of the city would occur over time subject to market forces. As a program-level EIR, analysis of such potential future projects would be speculative. Furthermore discretionary projects throughout the city, including within the Plan Area, would undergo environmental assessment, as required under CEQA. Please also see Responses ORG3-01 and ORG3-02, and Master Response 2. ORG3-06 The Plan includes Policy LU-8.3 which states an intent to focus new industrial growth within a designated "reverse triangle area", and then allowing light industrial growth in a separate targeted area when a percentage of industrial lands in the reverse triangle area have been developed with heavy industrial uses. (Southwest Specific Plan Page 3- 15.) However, there are no new industrial land uses being allocated by this Plan because the Plan only addresses land uses within the Plan's boundaries. Both the "reverse triangle area" and the location where additional light industrial growth might be permitted are outside the Plan area. The DEIR fails to disclose this important fact, even while it claims that the Plan supports long-term sustainability of industrial uses. By failing to disc lose that Policy LU-8.3 is in fact not being implemented, the DEIR fails to provide the public information required to achieve the DEIR's required purposes. Please see Responses ORG3-01 and ORG3-02. ORG3-07 The DEIR also includes, at Page 4.12-7, the misleading statement that "New industrial jobs could occur in existing industrial businesses; however, the proposed Plan redirects new industrial uses to locations outside of the Plan Area to remove land use conflicts with nearby residential and other sensitive uses". That statement is misleading. The Plan does more than redirect new industrial uses to locations outside the Plan Area. It also redirects existing industrial users to relocate outside the Plan Area by adopting land use and zoning designations that will denigrate such uses to legal non-conforming zoning status. In addition, The proposed Plan would guide new development over time within the Plan Area but would not directly result in any new development projects or changes to existing land uses. Further, the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. Therefore it is speculative to conclude that redesignation and rezoning will create blight because it presumes that the SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-49 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response the City's Development Code imposes significant legal hurdles that seek to restrain the ability of legal non-conforming uses from expanding their non- conforming activity. (Fresno Municipal Ordinances Section 15-404). Any business activities that increase industrial employment at existing industrial sites will be treated by the City as an expansion of the nonconforming use, which the Development Code is designed to constrain. Therefore, the Project actually seeks to assure that new industrial jobs do not occur in existing industrial businesses, which is inconsistent with the DEIR's description of the Project's impact. existing industrial uses will be forced to vacate instead of gradually transitioning to non-industrial uses subject to market forces. Changes in business activities or decisions made by existing businesses within the Plan Area would occur over time subject to market forces, and it would be speculative for this program-level EIR to try to determine how businesses will choose to operate in the future. Please see Master Response 3, as well as Responses ORG-3-01 and ORG3-04. ORG3-08 3. The DEIR's Analysis of Aesthetic Impacts Fails to Disclose the Blighting Influences that Will Result from its Designation of Developed Industrial Land Uses as Legal Nonconforming Status. The Project adopts a bold plan to rid the Southwest Fresno community of all existing industrial uses. However, the Project and the DEIR fail to incorporate any measures that reasonably transition the existing uses into the newly adopted land uses. This lack of a strategic approach to the displacement of substantial existing industrial uses will likely result in the existing sites becoming vacated and unable to be effectively developed in accordance with the Plans new land use designations. There is therefore a substantial likelihood that constrained industrial use properties will thereby create blighting influences. Neither the Project nor the DEIR set forth any implementation arrangement for transitioning the newly designated legal nonconforming uses into uses that comply with the Project's designations. The only City policies that would apply for those purposes are the regulatory arrangements that the City's Development Code imposes on legal nonconforming uses, set forth at Article 4 of Chapter 15. However, the provisions of that Code, its effectiveness in attaining the desired transition of land uses on the developed industrial sites, and the potential environmental impacts of the imposition of the Code's standards to such sites, is not disclosed nor analyzed in the DEIR. The Development Code imposes special conditional use permit requirements for any "expansion" of a legal nonconforming use, which requires extraordinary findings, and which requires that the user overcome the Development Code's stated presumption that the legal nonconforming use is creating an adverse impact. (Development Code Section 15-404-B and 15-405-E-2). Therefore, when any existing industrial uses seek an "expansion" of the use, the consequences of the Project is that the Development Code will impose substantial legal The comment expresses concern regarding the transition of current industrial uses to office land uses. As described in Section 1.3 of Chapter 1, Introduction, the Draft PEIR is a program-level EIR for a long-term policy document that tiers from the City of Fresno General Plan Master EIR with the purpose "to promote construction of needed housing and other development projects by (1) streamlining regulatory procedures, (2) avoiding repetitive discussions of the same issues in successive environmental impact reports, and (3) ensuring that EIRs prepared for later projects which are consistent with a previously approved policy, plan, program, or ordinance concentrate upon environmental effects that may be mitigated or avoided in connection with the decision on each later project." Accordingly, it is infeasible to determine the exact timing and location of future land use transitions that may occur through implementation of the proposed Plan. Furthermore, such transitions will occur subject to market forces; therefore it is speculative for the Draft PEIR to analyze the secondary physical impacts that may occur from such unknown future economic changes. Further the comment asks the City to identify economic issues related to existing businesses; please see also Master Response 2. Further, the proposed Plan does not require the abandonment, cessation, or immediate relocation of lawfully sited existing uses and any lawfully established and lawfully operating existing use will be allowed to continue consistent with the provisions of FMC sections 15-402, et. seq. Therefore it is speculative to conclude that redesignation and rezoning will create blight because it presumes that the existing industrial uses will be forced to vacate instead of gradually transitioning to non-industrial uses subject to market forces. In addition, existing industrial uses only account for 217 acres of the Plan Area. Any site that is vacated by an existing industrial legal SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-50 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response impediments. Once an industrial use terminates on a site, that site will likely still be surrounding by existing industrial uses. The transitioning site will then effectively suffer the consequences of a "spot zoning" arrangement, where all properties adjacent to the site are supporting the industrial uses to the extent such uses are allowed by their legal non-conforming status. nonconforming use can be repurposed to a non-industrial use and to conclude that the relatively small quantity of sites to be redesignated will not be reused is speculative. Also, please see Master Response 2 and response ORG3-01. ORG3-09 The current industrial uses are being commanded to transition to Office land uses. However, the feasibility of developing a transitioning site to the uses permitted by the Project is not evaluated by the DEIR. The City's General Plan states that the Office land uses are to be focused on as administrative, professional and public offices and is a land use designation designed for office uses on smaller lots generally located on arterial roadways (Fresno General Plan, page 3-40). However, the Project contains. larger sized industrial parcels that are developed on sites whose roadways were specifically designed and developed by the City to establish visual barriers between those uses and adjacent roadways. (See Fruit/Church Industrial Area Plan prepared in 1970 by Design Omnibus for the Fresno West Development Company, Inc., an economic development entity of the City of Fresno created as part of the Fresno Model Cities Program and Tentative Tract Map No. 2573 for the Southgate Industrial Park, submitted by the City of Fresno on September 20, 1973 ). These sites are now being allocated an Office land use and zoning, which the Fresno General Plan confirms is designed for office uses on smaller lots generally located on arterial roadways. These existing industrial sites are to conduct that transition to office uses on sites with parcel and roadway designs that are not consistent those that the General Plan states are appropriate for such uses. The existing industrial sites are further to conduct such transition in the midst of legal nonconforming industrial uses. Yet, despite such significant hurdles, the potential environmental impact of the blighting influences that will result if the intended land use transactions are not done in an effective manner is nowhere disclosed or analyzed in the DEIR. Please see Response ORG3-08. ORG4 9/25/2017 Andy Levine, et al., Leadership Counsel for Justice and Accountability ORG2-06 • Recommend a pedestrian/bicycle tunnel under North Avenue at Santa Clara Avenue with North treated as a Green Street west of Elm. The Cargill plant at The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-51 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Church and MLK needs to be put in a non-conforming use status and phased out with the trucks re-routed to Central. The 41 + North Corridor Complete Streets Plan identifies and recommends specific pedestrian crossing improvements along North Avenue, which have been incorporated into the redline version of the proposed Plan as an implementation measure in Chapter 8 Implementation. ORG2-07 • MLK should treated as a Green Street between Church and California due to the MLK elementary school and the proposal that this section of MLK street become a Green Street to connect SW Fresno neighborhoods with employers near the HSR station. • We sense that the planning team was driving with their foot on the brake to limit the proposed investments on community assets in the neighborhood. Just as we have witnessed with the Parks Master Plan. We need to be bold and set forth what is reasonable and needed and call for measures to fund the O&M costs. • The commercial nodes proposed at Marks and 180 and at Jensen and MLK make sense. Mixed land uses in this low-density suburban setting are not likely to be viable. • The land use plan for a retail center at the SW corner of Church and MLK in not in the community interest with the concentration of school children nearby. • New development is badly needed at Fruit and California to mitigate blight and energize this section of the BRT corridor. This may be a suitable place for a TCC multi-family housing subsidy. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG4-01 Thank you for the opportunity to comment on the City of Fresno’s Southwest Specific Plan (“SWSP”) and Draft Environmental Impact Report (“DEIR”). Leadership Counsel for Justice and Accountability works alongside disadvantaged communities across the Central and Coachella Valleys, including in the City of Fresno, to advocate for sound policy and eliminate barriers to opportunity on the basis of wealth, race, income, and place. Throughout the development of the Southwest Specific Plan, we have worked closely with West Fresno residents to identify community priorities for the plan and ensure that the plan reflects and advances those priorities. These comments aim to assist the City in preparing a final SWSP and EIR that realize residents’ goals of achieving healthy neighborhoods. To create communities with the resources and amenities necessary for residents to thrive and meaningfully mitigate cumulative and new environmental impacts resulting from the SWSP. 1. Revisions and Additions Required to the Draft Southwest Specific Plan The comment serves as an opening remark and does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR, nor does the comment raise a new environmental issue. No further response is required. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-52 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response We commend staff for its responsiveness to resident and stakeholder requests that the City host additional Steering Committee meetings to allow further discussion of public comments received on the previous SWSP draft. The Draft SWSP includes many of the recommendations discussed and agreed upon by the Committee, nonetheless, the Draft does not accurately reflect or include all of the revisions voted on. We recommend the following changes to ensure that the Final SWSP fully includes the revisions recommended by the Committee and Southwest Fresno has an enforceable and purposeful plan. ORG4-02 A. Include a Clear & Realistic Timeframe For Completing The Industrial Compatibility Study The Draft indicates that the City will complete a draft Industrial Land Use Compatibility Study by December 8, 2017. To our knowledge, the City has not initiated development of the draft study and therefore the stated deadline is unrealistic. The Final Draft should include a realistic timeline that will allow for development and adoption of the study with robust community input and also reflects the high priority placed by the community and Steering Committee on improving environmental health and addressing incompatible land uses in West Fresno. Based on these considerations, we recommend a completion deadline of January 2019. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. The redline version of the proposed Plan includes a revised deadline for the completion of a draft Industrial Land Use Compatibility Study of January 2019. ORG4-03 B. Add Detail & Cost Estimates to the Actions Identified in the Implementation Chapter In recognition of the importance of ensuring residents’ ability remain in West Fresno and enjoy the benefits of SWSP implementation as well as the extreme vulnerability of existing residents to displacement, the Steering Committee established Policy LU-4.8. As further discussed in Section 2-B below, the SWSP must specify a clear timeframe for the development and adoption of the anti- displacement strategy which includes a robust public process. The City should align the development of the anti-displacement strategy with implementation of Housing Element Program 12A, Downtown Displacement Prevention, which requires the City to convene a committee in 2018 and develop and adopt an anti- displacement strategy within six months thereafter. Like Program 12A, LU 4.8 should specify that the anti-displacement strategy will aim to prevent and mitigate any displacement of both residents and businesses in the Plan Area. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. An anti-displacement strategy is included in the redline version of the proposed Plan as an implementation measure, which includes responsible party and support parties and an implementation time frame, in Chapter 8 Implementation. ORG4-04 C. Eliminate Additional Truck Routes That Conflict with Southwest Neighborhood Settings The SWSP includes important policies long sought by the community to reduce the air pollution, noise, vibration, and aesthetic impacts of truck traffic that The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. Figure 5-6 has been revised in the redline version of the proposed Plan to SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-53 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response currently runs through the Plan Area. The Final Plan should include two further changes to address concerns regarding incompatible routes raised by residents: (1) elimination of the existing truck route on Elm Avenue north of Jensen, and (2) elimination of the additional route proposed in the Draft on Roeding Drive south of Whites Bridge Avenue. Neither of these routes serve any existing industrial land uses, and thus no reasonable basis for these additions exist. recommend elimination of the existing truck route along Elm Avenue north of Jensen Avenue. ORG4-05 D. Add Detail and a Timeline to Policy PF-7.4 We support the addition of Policy PF-7.4 which calls on the City to establish a policy requiring businesses and City programs in the Plan Area to hire local residents. To ensure timely and effective implementation of the policy, the Final Plan should establish a timeline for implementation (we recommend a deadline of June 2018) and ensure SWSP Oversight Committee and public participation. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. A local hiring policy is included in the redline version of the proposed Plan as an implementation measure, which includes an implementation time frame, in Chapter 8 Implementation. ORG4-06 E. Eminent Domain SWSP Plan Area residents have identified the use of eminent domain as a serious concern for this community, in particular, as it relates to proposals in the Plan to widen streets and support new development. Through eminent domain, the City, State, and Federal Government rezoned residential land for industrial use, wiped out thriving commercial boulevards and residential districts and replaced them with freeways, and cut West Fresno off from the rest of the City, helping to create the community’s current reality of chronic disinvestment and nationally- ranked concentrated poverty. The Plan should put safeguards in place to ensure that past is not repeated and that any use of eminent domain is supported by profusive community support, SWSP policies, and the exhaustion or lack of alternatives, especially where residential property, small or local business, or important community landmarks are involved. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. ORG4-07 F. Ensure Compliance With the Housing Element & State Housing Element & No Net Loss Laws The community demonstrated a clear preference for a balanced mix of housing opportunities, including single family home options currently lacking in this community. To accommodate the community’s preference of establishing a more balanced mix of housing varieties, the land use map redesignates land currently designated for high density multi-family housing to low and medium residential density which restrict or prohibit multi-family development. Before adopting the Plan, the City must specifically identify any residential zoned sites designated for a reduction in density that are included in the City’s 2015-2023 Housing Element to meet the City’s need for lower-income housing and make findings that adequate alternative sites exist or identify suitable alternative sites The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-54 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response as required by Government Code Section 65863 and Housing Element Program 2. In identifying replacement sites, the City must consider the concentration of affordable housing in high poverty areas such as West Fresno pursuant to Program 2 and identify alternative sites in high opportunity neighborhoods that lack affordable housing opportunities consistent with the City’s duty to affirmatively further fair housing. ORG4-08 G. Prioritize Zero and Near-Zero Emission Transportation Technology Transportation is the leading source of toxic and carcinogenic air pollutants in the state, emitting smog-forming ozone, black carbon, fine particulate matter, and nitrous oxides. These pollutants contribute to a host of respiratory and cardiovascular illnesses, including asthma, heart disease, and cancer, and result in thousands of early deaths annually. Southwest Fresno is specifically disadvantaged; according to the CalEnviroScreen tool, census tracts in the Plan Area rank in the 95-98th percentile for diesel, ozone and particulate matter pollution, and in the 98th percentile for both asthma and cardiovascular disease. To ensure reductions in criteria and toxic air pollutants in the Plan Area, the Final Plan should commit Southwest Fresno to a zero-emission transportation future. Specifically, a policy goal should be included within the Plan’s Transportation section that directs the city to actively pursue funds to 1) replace both public and private vehicles and fleets with zero-emission technology, and 2) promote electric vehicle charging infrastructure throughout the Plan Area. When zero- emission solutions are not feasible, the city should seek deployment of near-zero emission vehicles. Diesel fleets located or operating within the Plan Area should be prioritized for replacement. To actuate these goals, state, local and corporate funds are available. The Legislature recently appropriated $1 billion from the Greenhouse Gas Reduction Fund to state and local agencies to replace or retrofit dirty diesel engines. Fresno must actively pursue the following funds for the benefit of public health in the Plan Area: • $350M for The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, SB 1204 (Lara, 2014). These programs specifically target diesel pollution by incentivizing the purchase of zero-emissions trucks, buses, and freight equipment. The programs have been substantially over-subscribed. • $150M for light-duty equity pilots (especially EFMP Plus Up), agricultural The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. A new goal and policies for Vehicles are included in the redline version of the proposed Plan’s Chapter 5 Transportation, which address zero- emission technology and electrical vehicle charging infrastructure. A new implementation measure for pursuing funding to implement these policies has also been added to Chapter 8 Implementation of the redline version of the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-55 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response worker vanpools, and car-sharing under SB 1275 (De Leon, 2014). These programs primarily serve disadvantaged communities, as defined by the CalEnviroScreen, promoting replacement of inefficient and ultra-polluting vehicles with hybrid or zero-emission alternatives, and promoting ridesharing. • $20M for zero emission school buses. Replacing old, dirty, diesel buses would improve health outcomes for students. Existing programs have been rapidly oversubscribed. • $300M for Clean Vehicle Rebate Project (Electric Vehicle Rebates). Public demand is likely to increase given the availability of new electric vehicle models such as the Chevy Bolt and Tesla Model 3. Fresno should maximize the effectiveness of the funding by lowering the income cap and raising the electric- miles requirement for plug-in hybrids. The San Joaquin Valley Air District also has funds available to support a zero- emission future. Grant programs include 1) the School Bus Program, which provides funds to retrofit existing school buses with verified diesel emission control systems, or replace existing high-polluting buses with new, low-emission buses, and 2) the Charge Up! program, which provides funds for businesses and public agencies to purchase and install electric vehicle chargers for public use. Lastly, corporate funds could also be used to leverage state and local incentive programs. For instance, PG&E is currently implementing pilot programs to install infrastructure to support electric vehicle charging at multi-unit dwellings, workplaces, and public interest destinations. The company has also submitted a $211 million proposal to California Public Utilities Commission to build "make- ready" electric infrastructure for medium- to heavy-duty and offroad fleets. Responding to consumer demand for fast-charging stations, PG&E also proposed to complement state and privately funded fast charger deployments with new electric infrastructure ORG4-09 2. The Final DEIR Must Comprehensively Assess Cumulatively Significant Impacts and Identify and Adopt All Feasible Mitigation Measures for Significant Impacts The California Environmental Quality Act (“CEQA”) requires the City consider the cumulative impacts of a Project and determine (A) whether the Project’s impact are significant and require mitigation and (B) assess and include all feasible mitigation for significant impacts identified. Several sections of the DEIR -- Air Quality, Public Services and Recreation, and Population and Housing – lack adequate analysis of cumulative impacts and fail to identify and include available The comment serves as an introduction to the comments that follow. Please see Responses ORG4-09 through ORG4-12. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-56 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response mitigation measures for significant impacts. CEQA prohibits agencies from approving projects with significant environmental impacts if feasible mitigation measures or alternatives exist that would lessen or avoid such impacts. Pub. Res. Code § 21002. The Final DEIR must include a comprehensive assessment of all cumulative impacts of the Project and identify and adopt all feasible mitigation measures for significant impacts identified. Pub. Res. Code § 21081.6(b); C.C.R. §15126.4(a)(2); See Napa Citizens for Honest Gov’t v. Napa County Bd. of Sup. (2001) 91 Cal.App.4th 342, 358. ORG4-10 A. The Final DEIR Must Identify & Address the Cumulative Impacts of Mobile & Stationary Pollution Sources According to CalEnviroScreen (“CES”) 3.0, every census tract in the SWSP Area is among the top 5% most pollution burdened communities in the State of California. The census tracts in the Plan Area rank as high as the 98th percentile for asthma and cardiovascular disease and 97th for particulate matter 2.5 (PM 2.5). Numerous studies have directly linked PM 2.5 emissions to an increase in asthma attacks and heart attacks. The Air Quality assessment provided in the DEIR identifies existing policies in the General Plan as mitigation measures. Several of these policies, such as Objective UF-12 and Policy UF-12-a, Policy LU-3-c, and Policy LU-5-f, lack the specifity required to constitute adequate and enforceable mitigation measures. Additionally, Policy LU-2-b, which states that the City will “consider a priority infill incentive program” to promote affordable housing development, could be strengthened and thereby serve as an adequate mitigation measure by including a specific timeline for the development and adoption of the program and inclusion of proven measures to preserve affordability in the area, thus reducing potential displacement. The incorporation of clear policies to prevent displacement of vulnerable low-income residents from the Plan Area is essential to mitigate potential significant impacts from increased vehicle miles travelled generated by these residents due to forced relocation to areas not served by transit and farther from jobs, education, and other resources and amenities necessary for everyday life. The EIR evaluates potential environmental impacts associated with the proposed Plan on the environment in accordance with CEQA and the California Building Industry Association v. Bay Area Air Quality Management District (2015) __Cal.4th__ (Case No. S213478). Air quality in the local area is best described by whether San Joaquin Valley Air Basin (SJVAB) attains the California and National ambient air quality standards (SJVAPCD), per the San Joaquin Valley Air Pollution Control District (SJVAPCD), and not by CalEnviroScreen, which takes into consideration other non-air quality factors when assessing pollution burden. Chapter 4.3, Air Quality, identifies policies in the General Plan under the "Existing Conditions" setting and does not list the City's General Plan policies as mitigation. Chapter 4.12, Population and Housing, identifies that the proposed Plan would not displace a substantial number of people. Therefore, policies that prevent displacement of people as suggested by the Commenter are not warranted. ORG4-11 The assessment AQ-1 finds that the proposed Plan would increase long-term criteria air pollutants and cumulatively contribute to the nonattainment designations set up by the local air district is significant and unavoidable. Despite the extremely high levels of pollution in West Fresno and the City’s obligation to consider all feasible mitigation measures, the DEIR fails to take into account As shown in Chapter 3, Revisions to the Draft PEIR of this Final EIR, edits have been made to the EIR and some of these address the commenter's concern. Edits have also been made to the proposed Plan. a. The commenter requests physical barriers along corridors, sites, and SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-57 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response various mitigation measures that would serve to reduce the impacts of long-term criteria air pollutants and nonattainment designations. Accordingly, we recommend the inclusion of the following policies in the Final DEIR: ‘a. Identify high emission corridors, stationary sites, and truck traffic routes, and create physical barriers such as with walls lined with trees or other shrubbery, or trees and shrubbery. Studies have shown that walls lined with trees are the most effective way to reduce emissions from impacting an area. b. Complete the Industrial Compatibility Assessment by January 2019. This study will assess the compatibility of existing sites and zoned land with surrounding neighborhoods considering their air quality, noise, odor, aesthetic, and other impacts. Sites found incompatible will follow recommended steps to mitigate pollution and other significant impacts in the surrounding area, including through amortization and/or greening. Additional funding sources should also be sought out as the current $150,000 in the City’s budget for FY 2017-2018 is not enough. The TCC Planning Grant is one example the City of Fresno can seek out. c. To reduce VMT-related emissions from commute trips in and out of the Plan Area, develop and implement a policy, with community input, requiring new employment sources within the community to hire workers from within the Plan Area. d. To reduce VMT-related emissions, work with Plan Area residents and stakeholders to identify measures to increase public and group transit options, including through improving efficiency and reliability of FAX services, implementing Bus Rapid Transit on California Street and Elm Avenue, identifying ride sharing opportunities, and more. e. Enforce laws and regulations prohibiting vehicle idling. f. Actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. g. Actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Funding sources examples are provided above for the City to begin its search. truck routes to buffer air pollutants. The proposed Plan prohibits barriers along streets through design standards. Page 4-8 of the proposed Plan states: "“Walls. Walls are not permitted within the required front yard setback nor between residential uses and California Avenue.” Also, page 4- 9 states: “Buildings and their main entrances will be oriented towards the street.” b. The comment requests the completion of the Industrial Compatibility Assessment. Please see Response ORG4-02. c. The proposed Plan includes Policy PF-7.4 which states: "Establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents in the 93706 zip code, consistent with applicable laws." d. The proposed Plan includes Policy T-6.2, which states: "Work with FAX and other transit providers to increase transit service, access, and connections throughout Southwest Fresno, connecting existing and future residential areas to key destinations, including schools, retail, employment, and recreation." Policy T-7.1, which states: "Work with FAX to retain transit routes west of Highway 99, and work to enhance transit service along Elm Avenue and Martin Luther King Junior Boulevard to connect to future BRT routes and the FAX and HSR stations in Downtown when there is demand from development along those corridors." The proposed Plan provides for BRT on California, while enhanced transit services are planned on Elm Street. e. The comment requests enforcement of existing laws and regulations prohibiting vehicle idling. As stated on page 4.3-4 of Chapter 4.3, Air Quality in the Draft PEIR, the California Air Resources Board (CARB) has promulgated specific rules to limit toxic air contaminant (TAC) emissions, including motor vehicle idling. Further, Table 4.3-2 on page 4.3-17 presents General Plan objectives and policies relevant to air quality, including Policy HC-3-f: "New Drive-Through Facilities. Include in the Development Code design review to reduce vehicle emissions resulting from queued idling vehicles at drive-through facilities in proximity to residential neighborhoods." f. The comment requests the City actively seek and apply for all available SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-58 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response funding to provide electric vehicle infrastructure in the Plan Area. Policy T- 9.2 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding for electrical vehicle (EV) charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects." g. The comment requests that the City actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Policy T-9.1 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement." ORG4-12 B. Prevent Project-Related Physical and Economic Displacement of Residents and Businesses The CES 3.0 ranks the SWSP Plan Area poverty levels as high as the 99th percentile in the State. A majority of the residents in this community live below the federal poverty line, which for a family of four is $24,600. The City of Fresno in general also experiences high levels of housing cost burden, with the greatest burdens impacting lower-income residents, such as those in West Fresno. Housing cost burden rates make lower residents extremely vulnerable to displacement due to minor increases in housing costs. The DEIR discussion in Population and Housing solely addresses physical displacement through the removal of existing housing units. The DEIR includes no analysis or proposed mitigation for economic displacement of low-income residents and no analysis or proposed mitigation for displacement of small, local and/or minority-owned businesses due to rising property values and rent prices as a result of the implementation of the proposed plan. The Plan proposes to direct significant public and private investment into the community. The Plan identifies a new community college facility site which will employ hundreds of people and attract thousands more to the area; proposes significant new park space; identifies Bus Rapid Transit routes and other Housing affordability is an economic and social issue that informs policy decisions made by the City, but it is not treated as a significant effect on the environment (CEQA Guidelines Section 15064(e)) and, therefore, does not require analysis under CEQA. It would be speculative to determine the demographics of future residents and employees and their housing needs, affordable or otherwise. Quantifying the number or percentage of existing residents who could be economically displaced if costs continue to increase would be speculative. In accordance with CEQA Guidelines Section 15145, the Draft PEIR is not required to consider issues that are too speculative for evaluation. Furthermore, displacement for CEQA purposes regards the demolition of existing housing that requires the construction of new housing for the persons displaced by the removal of housing. The proposed Plan does not allow for the rezoning of property in a manner that would allow the removal of housing units such that there would be physical displacement. Finally, the City acknowledges that rising housing prices are an important local and regional issue. Under the proposed Plan, the City’s Housing Element will continue to apply (and no changes to the Housing Element are proposed as part of the proposed project), and the City will continue to implement its policies and programs that seek to protect residents from displacement and increase the City’s stock of affordable housing. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-59 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response improvements; and provides for the remediation of basic infrastructure and service deficiencies. These improvements, coupled with other factors such as the High Speed Rail, the potential investment of up to $70 million in the Plan Area through the Transformative Climate Communities Program, and population growth in the Central Valley, will undoubtedly lead to increase land prices, property values, rent prices, and cost of living. Ultimately, threatening economic displacement of residents and businesses and significant environmental impacts due to their relocation. Absent clear and enforceable mitigation, displacement, caused by both physical and economic forces resulting from SWSP implementation, will result in significant environmental impacts due to the need for new construction and increased VMT of displaced residents. Residents forced to move from areas served by transit will have to rely on personal vehicles consequentially having a significant impact on VMTs, traffic, greenhouse gas emissions, and air quality. Cal. Pub. Res. Code § 21083(b)(3) (the Guidelines “shall require a finding that project may have a ‘significant effect on the environment’ if…[t]he environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.”). The Final DEIR must analyze and include all feasible mitigation measures to prevent displacement of residents and businesses. C.C.R. § 15064(e). Anti-displacement measures are essential to reduce impacts associated with increased housing costs pushing residents further away from amenities and public transit. Feasible mitigation measures and policies we recommend include: a. Adoption of a rent stabilization ordinance preventing rent increases of more than 15% over a three-year period. b. Adopt inclusionary zoning requirements wherein new residential construction must include at least 25% of units affordable to extremely-low, very-low and low income residents or developers must pay an in lieu fee. c. Adopt a just cause eviction ordinance. d. Require City-owned land, when sold, include units affordable to lower-income residents, wherever residential construction occurs on those sites. e. Create an Anti-Displacement Advisory Committee in 2018 which will develop antidisplacement strategy for adoption by City Council within six months thereafter. ORG4-13 I. Provide Adequate Park Space for Expected Population Growth As noted in the SWSP DEIR, West Fresno has 19 acres of existing park space total -- well below Fresno City’s goal of 3 acres per 1,000 residents of park space. The This comment expresses concern regarding park space. As shown in Chapter 3 of this Final EIR, the first paragraph under Impact PS-7 on page 4.13-28 of the Draft PEIR has been revised. Please also see Master SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-60 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response proposed plan zones for an additional 70 acres of park space creating a combined total of 89 acres. The DEIR, however, finds a total of 91 acres of existing and new parkland will be designated. The City should include at least an additional two acres of park space in the Final DEIR to ensure that sufficient park space can be provided to meet the City’s park space goals. The City can and must also utilize the current Parks Master Planning Process to identify and expand park space opportunities in West Fresno. Furthermore, the draft report results a deficiency of 32 acres (adjusting for the missing 2 acres noted above) for the expected population growth under the Dual Designation Scenario. Mitigation Measure PS-7 states the City will monitor population growth in the Plan Area compared to parklands every 5 years. If the ratio of 3 acres per 1,000 residents is not met the City will explore additional ways to increase park space. Given the City’s existing park space conditions in South Fresno where residents south of Shaw Avenue have an average of 1.75 acres of park space per 1,000 residents. And given that the City has not updated its Parks Master Plan since 1989, a plan that was supposed to be updated every five years, we cannot expect to comply with its Mitigation Measure PS-7. Thank you for your considerations of our comments. Our goal is simple and assuredly shared with the City of Fresno to ultimately provide Southwest Fresno with a revolutionary plan to transform the community for years to come. We look forward to continue collaborating with the City of Fresno to address the issues identified in this letter. Please contact Grecia Elenes at (559) 369-2790 to set up a time to meet to discuss these comments in person. Response 2 in regards to concern regarding Mitigation Measure PS-7. C. Members of the Public PUB1 9/18/2017 Gwendolyn Leffall PUB1-01 Please accept the following comments I offer for consideration to the Southwest Fresno Specific Plan and the Draft Program EIR: 1. Plan MODERATE/MIDDLE income levels of housing IN LIEU of low/affordable income levels of housing types. 2. Raise the bar of income housing levels types to attract RETAIL, to be established in this DPEIR SFSP. 3. Build a Fresno City Community College Annex in this DPEIR SFSP. 4. Provide regular service to keep our streets, roads, highways, sidewalks free of The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-61 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response potholes, cracked pavement, and cracked concrete for the subject planned area, and the IMMEDIATE SURROUNDING AREAS to include south of Jensen, and Jensen, east and west. 5. Regular attention to tree trimming and landscape cleanup for the subject planned area, and, the immediate surrounding areas, to include south of Jensen, and Jensen, east and west. PUB2 9/19/2017 Eric Payne PUB2-01 Thank you for the opportunity to provide comments on the City of Fresno’s West Fresno Specific Plan. I appreciate the collaborative process your office has facilitated with community stakeholders. The City of Fresno presents an incredible opportunity to do something truly transformative in the City of Fresno through its South West Fresno Specific Plan and I am committed to ensuring we have a plan that meets the communities environmental, economic, and equity goals. I commend the City of Fresno staff for developing a comprehensive plan and I recognize that additional revisions may be needed. I am broadly supportive of the plan as stakeholder and member of the committee. I would also appreciate your allowing flexibility in the requirements to the South West Fresno Specific Plan that would be in alignment with better serving the community. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. The comment also serves as an introduction to the comments that follow. Please see Responses PUB2-02 through PUB2- 11. PUB2-02 I do request you consider a few outstanding issues and questions in relation to the Biological Resource Section of the South West Fresno Specific Plan: DPEIR The Recovery Plan has defined 6 key elements. 1. What are the elements that pertain to the SW Specific Plan? This comment expresses concern regarding the elements of the Recovery Plan for Upland Species of the San Joaquin Valley, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. Page 4.4-6 of the Draft PEIR states, "If specific projects require consultation with the USFWS, the project would be evaluated in relation to the goals and objectives of the Recovery Plan." It follows that all elements (or goals and objectives) of the Recovery Plan pertain to development that would occur under the proposed Plan. PUB2-03 2. Although DEIR states SJKF not within a 5 miles radius. What is the nearest radius for SJKF? The SJKF protection range per USFWS is a 10 mile radius. “The purpose of the Endangered Species Act of 1973, as amended, are to provide a means whereby the ecosystem upon which endangered species and threatened species depends may be conserved…and to provide a program for the conservation of such endangered and threatened species.” (The Endangered Species Act of 1973, as amended) The language contained in the Endangered Species Act of 1973, as amended (Act), requires the U.S. Fish and Wildlife Service (Service) to not only protect individual animals, but has the further obligation of This comment expresses concern regarding the nearest radius for San Joaquin Kit Fox (SJKF) habitat to the Plan Area, but does not state a specific concern or question regarding the sufficiency of the analysis or mitigation measures contained in the Draft PEIR. The proximity of existing SJKF habitat can be estimated using the California State University (CSU) Stanislaus Endangered Species Recovery Program website: http://esrp.csustan.edu/publications/pubhtml.php?doc=sjvrp&file=chapter SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-62 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response providing listed species with functioning ecosystems so protections provided by the Act are no longer necessary. For the Services to achieve this goal and to allow the project applicants to proceed with their project in a timely manner, the Service has developed the U.S. Fish and Wildlife Service San Joaquin Kit Fox Survey Protocol for the Northern Range where foothill grassland, oak savannah, and agricultural lands are the primary kit fox habitats. To avoid unnecessary expenditures and delays for projects located within the northern range of the San Joaquin kit fox, the project applicant, along with a qualified biologist, must conduct an early evaluation with the Service. 02L00.html#distribution. Further, the Draft PEIR assumes that SJKF may be located in the periphery of the Plan Area, stating on page 4.4-25 "San Joaquin kit fox that are dispersing or foraging in the periphery of the Plan Area that have not been fragmented by agricultural-residential or urban development could be subject to injury or mortality from construction- related activities." In addition, the comment expresses concern regarding an early evaluation of SJKF for projects located within the northern range of the SJKF habitat. Mitigation Measure BIO-1.3 on page 4.4-26 of the Draft PEIR states, "No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent should retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development." PUB2-04 SWHA 1. Has a survey been conducted to identify potential suitable nesting locations for SWHA within the project site? If so, it has not been clearly stated in the biological report. This comment expresses concern regarding whether a survey has been conducted to identify suitable nesting locations for SWHA within the proposed Plan Area. CEQA requires an evaluation and determination of whether the proposed Plan would result in a significant impact with respect to biological resources if it would, among other impacts: 1. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or USFWS. As such, the Draft PEIR evaluates the potential for implementation of the proposed Plan to result in mortality of Swainson's hawks, and concludes, on page 4.4-25, that adherence to Mitigation Measure BIO-1.2 ensures impacts to Swainson's hawks would be less than significant, as future development under the proposed Plan would be required to "ensure that if Swainson’s hawks nest on or near the Plan Area, their presence would be detected, the risk of mortality would be avoided to the maximum extent feasible, and impacts would be reduced to a less-than-significant level." Please also note that Mitigation Measure BIO- 1.2 has been revised, as shown in Chapter 3 of this Final EIR, to reflect comments received from the CDFW. These revisions do not change the conclusions of the Draft PEIR. PUB2-05 2. What's the proposed plan for trees onsite where SHWA may occur and utilize? As stated on page 4.4-25 of the Draft PEIR, "Trees in the Plan Area may be removed without adversely affecting nesting Swainson’s hawks as long as SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-63 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response they are determined not to contain a Swainson’s hawk nest or be in close proximity to a tree with a Swainson’s hawk nest during the nesting season (March through August)." It follows that future discretionary projects under the proposed Plan would be required to evaluate trees onsite where SHWA may occur and utilize and ensure such trees are preserved, in accordance with the findings of a preconstruction survey for Swainson's hawk nests as required by Mitigation Measure BIO-1.2. PUB2-06 3. The Mitigation Measure is too vague, BIO-1.2 As described in Chapter 4.4, Mitigation Measure BIO-1.2 is based on the information available at this programmatic stage for a plan-level analysis and the methodology is based on Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000). Future discretionary projects would be required to conduct project-level environmental assessment, including a site-specific Swainson's hawk survey of the project site and the surrounding 0.5-mile-radius area. PUB2-07 4. The first SHWA survey period from January 1 to March 20 could provide information on where suitable and potential nesting locations may occur and should not be dismissed nor considered optional. Page 4.4-25 of the Draft PEIR has been revised, as shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR. PUB2-08 SJKF Mitigation Measures too vague. As described in Chapter 4.4, Mitigation Measure BIO-1.3 is based on the information available at this programmatic stage for a plan-level analysis and the methodology is based on U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. Future discretionary projects would be required to conduct project-level environmental assessment, including pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. PUB2-09 1. Why is a take authorization/permit being considered but no mention of mitigation bank or conservation habitat? The Draft PEIR is a program-level analysis of potential environmental impacts that may occur through implementation of the proposed Plan during the planning horizon, through the year 2042. As described in Mitigation Measure BIO-1.1b, future discretionary projects that would require an Incidental Take Permit (ITP) due to significant and unavoidable impacts to SJKF would be required to obtain a permit from the CDFW and undergo subsequent project-level CEQA review. A mitigation bank or habitat conservation area may be considered as adequate mitigation for project-related impacts to SJKF. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-64 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response PUB2-10 2. If disruption of any habitat utilized by the SJKF should occur has a mitigation bank or habitat conservation area been identified to offset the SJKF loss? Please see Response PUB2-09. PUB2-11 3. Before implementing Project and any ITP activity, the applicant should be required to develop and submit a construction monitoring plan to the City planning department for review and approval. The construction monitoring plan should consist of the following: • Results of planning and preconstruction surveys. • Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored. • Description of the onsite authority of the construction monitor to modify implementation of the activity. Again thank you for your efforts to develop this plan and for providing an inclusive public process. As mentioned previously, the alignment between the City of Fresno and the “Community” reinforces a collective vision. I forward to working with you on further development and implementation of this document. Thank you for the opportunity to provide comments on this process, I look forward to your response. The Draft PEIR is a program-level analysis of potential environmental impacts that may occur implementation of the proposed Plan during the planning horizon, through the year 2042. Discretionary projects that would require an ITP would be required to obtain a permit from the CDFW and undergo subsequent project-level CEQA review. CDFW’s issuance of an Incidental Take Permit is considered a discretionary action as defined in Title 14 of the California Code of Regulations, link opens in new window Section 15357, under CEQA. Therefore, before CDFW can issue the permit the applicant must have completed the necessary steps under CEQA. Compliance with CEQA is further described in Title 14 of the California Code of Regulations, Section 783.3. https://www.wildlife.ca.gov/Conservation/CESA/Incidental-Take- Permits#50033469-ceqa PUB3 9/21/2017 Tate Hill PUB3-01 I'm beginning to go through the EIR, there are a numbers of the Impact classifications with S/SU designation with no mitigation measures. There a few that just couldn't be accurate with the elements of new development. The comment serves as an introduction to the comments that follow. Please see Responses PUB3-02 through PUB3-06. PUB3-02 For example: Population-1 that states will be no population impacts due to the proposed plan. With the proposed housing, there would be a Significant population increase in that neighborhood. With the addition of the proposed 5923 housing units, there would be significant increase to the population with an estimated 50% increase (24,000) to the current population base. The comment expresses concern regarding the significance finding under Impact POP-1. The Draft PEIR acknowledges the amount of residential growth anticipated under the proposed Plan and considers this growth in the context of the level of growth anticipated under the City’s General Plan and regional growth projections. As stated on page 4.12-6 of the Draft PEIR, future development in the Plan Area “would result in approximately 27,775 new residents… The population potential for the Plan Area is within the population growth contemplated by the Fresno General Plan, which anticipates growth of up to 226,000 additional residents…” Page 4.12-7 of the Draft PEIR states, “the General Plan anticipates that the Plan Area would result in 6,723 new housing units as the General Plan is SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-65 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response implemented… [The] proposed Plan could result in 7,131 new housing units under the Dual Designation Scenario (based on the dual land use designation), which is greater than the estimated buildout of the General Plan.” However, the Draft PEIR finds that, although the number of new residents generated under the proposed Plan could exceed the number analyzed under the General Plan MEIR, cumulative growth with the proposed Plan would be consistent with regional planning targets. In addition, as stated in the Draft PEIR (page 4.12-7), “growth under the proposed Plan would occur incrementally over a period of approximately 25 years and would be guided by a policy framework in the proposed Plan that is generally consistent with many of the principal goals and objectives established in the Fresno General Plan and 2015-2023 Housing Element.” Therefore, the Draft PEIR finds on page 4.12-8 that, “this additional growth would be consistent with the citywide planning objectives. As a result, impacts to population growth associated with potential future development under the proposed Plan would be less than significant.” PUB3-03 As it relates to AQ2, AQ4, GHG 1, GHG3, the mitigation measures only apply towards the development of planned uses not the full implementation of the plan which extends beyond the actual construction itself. There is been no mitigation measure to address the impacts of air quality and GHGs from the establishment of new development (housing or commercial) in the plan. The comment expresses concern regarding mitigation measures to address the impacts of air quality and greenhouse gases (GHGs). The Draft PEIR evaluates both construction and operation impacts as a result of implementation of the proposed Plan. Operational analyses for air quality thresholds are included under Impact AQ-1 (Draft PEIR pages 4.3-29 through 4.3-32), Impact AQ-3 (Draft PEIR pages 4.3-35 through 4.3-36), Impact AQ-4 (Draft PEIR pages 4.3-36 through 4.3-38), Impact AQ-5 (Draft PEIR pages 4.3-38 through 4.3-39), Impact AQ-6 (Draft PEIR page 4.3-40, under the Operation-Related Odors heading), and Impact AQ-7 (Draft PEIR pages 4.3-41 and 4.3-42, under the Operation heading). Operational analyses for greenhouse gas thresholds are located under Impact GHG-1 (Draft PEIR pages 4.7-26 through 4.7-28) and Impact GHG-3 (Draft PEIR pages 4.7-32 through 4.7-36). Impact AQ-3 and GHG-1 address long-term, regional operational impacts of the proposed Plan (i.e., not just construction). As shown in Chapter 3, Revisions to the Draft PEIR, of this Final EIR, edits have been made to the EIR and some of these address the commenter's concern. Edits have also been made to the redline version of the proposed Plan. a. The commenter requests physical barriers along corridors, sites, and truck routes to buffer air pollutants. The proposed Plan prohibits barriers SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-66 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response along street through design standards. Page 4-8 of the Plan states: "“Walls. Walls are not permitted within the required front yard setback nor between residential uses and California Avenue.” Also, page 4-9 states: “Buildings and their main entrances will be oriented towards the street.” b. The comment requests the completion of the Industrial Compatibility Assessment. Please see Response ORG4-02. c. The Plan includes Policy PF-7.4 which states: "Establish a workforce policy to encourage businesses and City programs in the Plan Area to prioritize hiring Plan Area residents in the 93706 zip code, consistent with applicable laws." d. The Plan includes Policy T-6.2, which states: "Work with FAX and other transit providers to increase transit service, access, and connections throughout Southwest Fresno, connecting existing and future residential areas to key destinations, including schools, retail, employment, and recreation." Policy T-7.1, which states: "Work with FAX to not reduce transit routes west of Highway 99, and work to enhance transit service along Elm Avenue and Martin Luther King Junior Boulevard to connect to future BRT routes and the FAX and HSR stations in Downtown when there is demand from development along those corridors." The proposed Plan provides for BRT on California Avenue, while enhanced transit services are planned on Elm Street. e. The comment requests enforcement of existing laws and regulations prohibiting vehicle idling. As stated on page 4.3-4 of Chapter 4.3, Air Quality in the Draft PEIR, CARB has promulgated specific rules to limit TAC emissions, including motor vehicle idling. Further, Table 4.3-2 on page 4.3- 17 presents General Plan Objectives and policies relevant to air quality, including Policy HC-3-f: "New Drive-Through Facilities. Include in the Development Code design review to reduce vehicle emissions resulting from queued idling vehicles at drive-through facilities in proximity to residential neighborhoods." f. The comment requests the City actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. Policy T- 9.2 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding for electrical vehicle (EV) SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-67 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response charging infrastructure throughout the Plan Area. Require EV charging infrastructure for new multi-family residential and mixed-use residential development projects." g. The comment requests that the City actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Policy T-9.1 has been added to the redline version of the proposed Plan, which states: "Promote, incentivize, and pursue funding to replace public and private vehicles and fleets with zero-emission (or near-zero emission if zero-emission solutions are not feasible) technology. Diesel fleets, such as transit buses, located or operating within the Plan Area should be prioritized for replacement." PUB3-04 In Noise-1, its listed as LTS and SU with no mitigation measure. The comment expresses concern regarding the significance findings for Impact NOISE-1. As explained on pages 4.11-23 through 4.11-27 of the Draft PEIR, traffic noise is considered a significant and unavoidable impact, while stationary noise is considered a less-than-significant impact as a result of implementation of the proposed Plan. No mitigation is required for the less-than-significant stationary noise impact and, as described in Chapter 4.11 of the Draft PEIR, no feasible mitigation measures are available for the significant and unavoidable traffic impact. PUB3-05 The response in HAZ-9 contradicts with the EnvironScreen 3 that shows that West Fresno neighborhoods are the most impacted by hazardous, toxic and air contaminating effects. The proposed plan's new uses may not increase hazardous impact but there are significant cumulative impacts due to hazardous materials in the plan area because of past projects. How did the EIR address the impact of population densification and increasing proximity of populations to current hazardous sights? The comment expresses concern regarding the significance finding for Impact HAZ-9 and the evaluation in the Draft PEIR of cumulative impacts related to hazardous materials sites. The Draft PEIR evaluates cumulative impacts consistent with CEQA Guidelines Section 15130 by evaluating the potential cumulative impacts of the proposed Plan along with “other projects causing related impacts” under a projections-based approach as described in Section 15130(b)(1)(B). As discussed in Section 4.8.4 of the Draft PEIR, future cumulative projects will be required to comply with existing federal, State, and local regulations regarding existing hazardous materials. Future discretionary projects in the Plan Area would be subject to CEQA review, which would focus on the impacts of new development on residents in the Plan Area. In addition, Mitigation Measures HAZ-4a through HAZ-4h would require investigation and remediation of hazardous materials prior to the issuance of building permits. These mitigation measures will apply to all projects in the Plan Area as new development occurs. Please also see Response ORG3-01, which explains that the City’s SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-68 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response long-term land use strategy is to focus new industrial development in areas of the city outside of the Plan Area, in order to improve the quality of life for current and future Plan Area residents. PUB3-06 There is the introduction of PS which I assume is 'potentially significant' but it's not included in the key. In response to this comment, this abbreviation has been added to the key in Table 2-1 of this Final EIR. PUB4 9/25/2017 Lillie PUB4-01 I would like to see a college and a walmart in southwest fresno. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5 9/19/2017 Rosalyn Warren, et al. PUB5-01 99c Store Walmart Grocery store Gas station Walking place - park Taco Bell The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5-02 Dollars Store Walmart This what we needs The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. PUB5-03 1. We do not want a dollar General. 2. We would like to see a dollar tree. 3. We would like a Wal-Mart. 4. A Starbucks. This is what we would love to have beside the College. 5. We need a safe walking place to walk. 6. A gas station. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please see Master Response 1. Comments Received After Close of Public Comment Period GOV8 9/29/2017 Brian Clements, Program Manager, San Joaquin Valley Air Pollution Control District GOV8-01 Dear Ms. Pagoulatos: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the Draft Environmental Impact Report for the City of Fresno Southwest Fresno Specific Plan and offers the following comments: 1. Future development within the Southwest Fresno Specific Plan (Project) will contribute to the overall decline in air quality due to increased traffic and Please see page 4.3-39 of the Draft PEIR. TAC would be controlled by the SJVAPCD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-69 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response ongoing operational emissions. New development may require further environmental review and mitigation. The District makes the following recommendations regarding future development: A. Toxic Air Contaminants (TACs) are air pollutants identified by the State of California that may cause or contribute to an increase in exposure to the surrounding public (i.e. - nearby schools, residents, and actual or proposed worksites). The location of development projects is a major factor in determining whether a proposed project will result in localized health impacts. The potential for adverse health impacts increase as the distance between the source of emissions and receptors decrease. Accurate quantification of emissions and health impacts requires detailed site specific information (i.e. - type of emission source, proximity of the source to receptors, toxics emitted, and source parameter information). The required level of detail is typically not available until project specific approvals are granted. Therefore, the District recommends that an assessment be required during the project level review. This recommendation includes proposed projects that would otherwise appear to be exempt from CEQA requirements, such as projects that could be categorically exempt or allowed land uses under current zoning. GOV8-02 B. Prior to conducting a Health Risk Assessment (HRA), the District recommends conducting a screening analysis that includes all sources of emissions. A screening analysis is used to identify projects which may have a significant health impact. Prioritization - using the California Air Pollution Control Officers Association (CAPCOA) updated methodology is a recommended screening method. A prioritization score of 10 or greater is considered to be significant and an HRA should be performed. The prioritization calculator can be found at: http:www.valleyair.org/busind/p to/emission factors/Criteria/Toxics/Utilities/PRIG RITIZATION%20RMR%202016.XLS. The District recommends a refined HRA for projects that result in a prioritization score of 10 or greater. It is recommended that the project proponent contact the District to review the proposed modeling protocol. The proposed project would be considered to have a significant health risk if the HRA demonstrates that the project related health impacts would exceed the District's significance threshold Please see Response GOV8-01. Future projects under the proposed Plan that are determined to generate permitted sources of air pollutants would be subject to further environmental review and would be required by SJVAPCD to prepare a Health Risk Assessment (HRA) in accordance with SJVAPCD guidance. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-70 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response of 20 in a million for carcinogenic risk and 1.0 for the Acute and Chronic Hazard Indices. More information on toxic emission factors, prioritizations and HRAs can be obtained by: • E-mailing inquiries to: hramodeler@valleyair.org; or • Visiting the District's website at (modeling information): http://www.valleyair.org/busind/pto/Tox Resources/ AirQualityMonitoring.htm GOV8-03 C. Construction Emissions - The Draft PEIR concludes that construction emissions will have a significant and unavoidable impact on air quality. The District recommends additional mitigation of construction exhaust emissions to further lessen the air quality impact. Feasible mitigation of construction exhaust emission includes use of construction equipment powered by engines meeting, at a minimum, Tier II emission standards, as set forth in §2423 of Title 13 of the California Code of Regulations, and Part 89 of Title 40 Code of Federal Regulations. The District recommends incorporating, as a condition of project approval, a requirement that off-road construction equipment used on site achieve fleet average emissions equal to or less than the Tier II emissions standard of 4.8 NOx g/hp-hr. This can be achieved through any combination of uncontrolled engines and engines complying with Tier II and above engine standards. Mitigation measures required for future discretionary projects under the proposed Plan are identified on pages 4.3-32 through 4.3-34 of the Draft PEIR. Site-specific projects accommodated under the proposed Plan that meet the criteria of Rule 9510 would be required to prepare a detailed air quality impact assessment and would identify appropriate mitigation. GOV8-04 D. Individual development projects would be subject to District Rule 9510 (Indirect Source Review) if upon full build-out the project would include or exceed any one of the following: • 50 dwelling units • 2,000 square feet of commercial space; • 25,000 square feet of light industrial space; • 100,000 square feet of heavy industrial space; • 20,000 square feet of medical office space; • 39,000 square feet of general office space; or • 9,000 square feet of educational space; or • 10,000 square feet of government space; or • 20,000 square feet of recreational space; or • 9,000 square feet of space not identified above The District recommends that demonstration of compliance with District Rule 9510, before issuance of the first building permit for each project phase including As stated on page 4.3-37 of the Draft PEIR, "application of SJVAPCD Rule 9510 and Regulation VIII would contribute in reducing operation- and construction-related NOX and particulate matter emissions." As such, future discretionary projects under implementation of the proposed Plan would comply with District Rule 9510. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-71 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response payment of all applicable fees, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at: http://www.valleyair.org/lSR/ISRHome.htm. E. Individual development projects may also be subject to the following District rules: Regulation VIII, (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). F. The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at: www.valleyair.org/rules/1ruleslist.htm. GOV8-05 2. The Plan lays out a vision for Southwest Fresno over the Plan's next 25-year horizon as a vibrant community and well-connected to downtown Fresno, strengthening the overall image and livability of the city. The District is currently designated as extreme non-attainment of the federal national ambient air quality standard for ozone and non-attainment for PM2.5. Given the size of the project, it is reasonable to conclude that mobile source emissions resulting from growth and development would have significant impacts on air quality. To reduce the project related impacts on air quality the Plan should include design standards that reduce vehicle miles traveled (VMT). VMT can be reduced through encouragement of mixed-use development, walkable communities, etc. Recommended design elements can be found on the District's website at http://www.valleyair.org/lSR/ISROnSite Measures.htm. As stated on page 4.3-36 of the Draft PEIR, implementation of General Plan design standards and measures would reduce vehicle miles traveled (VMT). The following General Plan policies would contribute to the reduction of air quality and GHG emissions during implementation of the proposed Plan: MT-1-f, MT-1-g, MT-1-m, MT-2-b, MT-2-c, MT-2-g, MT-4-b, MT-4-d, MT-5- a, MT-5-b, and MT-8-c. GOV8-06 3. As presented in the Draft PEIR, after implementation of all feasible mitigation, the Project would have a significant and unavoidable impact on air quality. However, the environmental document does not discuss the feasibility of implementing a voluntary emission reduction agreement (VERA). As discussed below, the District believes that mitigation through a VERA is feasible in many cases, and recommends the environmental document be revised to include a discussion of the feasibility of implementing a VERA to mitigate project specific impacts to less than significant levels. A VERA is a mitigation measure by which the project proponent provides pound- As stated on page 4.3-32 of the Draft PEIR, "no further measures to reduce operation-phase criteria air pollutant emissions are available beyond the applicable SJVAPCD rules and regulations." In compliance with applicable SJVAPCD regulations, the City will provide the ability for future development projects under implementation of the proposed Plan to opt to participate in this voluntary agreement in order to reduce project- specific impacts. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-72 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response for pound mitigation of emissions increases through a process that develops, funds, and implements emission reduction projects, with the District serving a role of administrator of the emissions reduction projects and verifier of the successful mitigation effort. To implement a VERA, the project proponent and the District enter into a contractual agreement in which the project proponent agrees to mitigate project specific emissions by providing funds for the District's Strategies and Incentive Program (SI). The funds are disbursed by SI in the form of grants for projects that achieve emission reductions. Thus, project specific impacts on air quality can be fully mitigated. Types of emission reduction projects that have been funded in the past include electrification of stationary internal combustion engines (such as agricultural irrigation pumps), replacing old heavy- duty trucks with new, cleaner, more efficient heavy-duty trucks, and replacement of old farm tractors. In implementing a VERA, the District verifies the actual emission reductions that have been achieved as a result of completed grant contracts, monitors the emission reduction projects, and ensures the enforceability of achieved reductions. The initial agreement is generally based on the projected maximum emissions increases as calculated by a District approved air quality impact assessment, and contains the corresponding maximum fiscal obligation. However, because the goal is to mitigate actual emissions, the District has designed flexibility into the VERA such that the final mitigation is based on actual emissions related to the project as determined by actual equipment used, hours of operation, etc., and as calculated by the District. After the project is mitigated, the District certifies to the lead agency that the mitigation is completed, providing the lead agency with an enforceable mitigation measure demonstrating that project specific emissions have been mitigated to less than significant. The District has been developing and implementing VERA contracts with project developers to mitigate project specific emissions since 2005. It is the District's experience that implementation of a VERA is a feasible mitigation measure, and effectively achieves the emission reductions required by a lead agency, by mitigating project related impacts on air quality to a net zero level by supplying real and contemporaneous emissions reductions. To assist the Lead Agency and project proponent in ensuring that the environmental document is compliant with CEQA, the District recommends the environmental document be amended to include an assessment of the feasibility of implementing a VERA. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES PLACEWORKS 5-73 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response Additional information on implementing a VERA can be obtained by contacting District CEQA staff at (559) 230-6000. GOV8-07 4. Referral documents for new development projects should include a project summary detailing, at a minimum, the land use designation, project sized, and proximity to sensitive receptors and existing emission sources. Please see Response GOV8-06. PUB6 No Date Jeff Roberts PUB6-01 No Date A. Biological Resources: 1. The EIR contains quite a number of requirements for studies, monitoring, and reporting that add time and cost to the development process. ( It's pretty obvious that this section of the report was authored by a biologist) The need for the studies, etc. seems to be based somewhat upon the existing use of the property and the Figure 5-1 ( Existing land Use) incorrectly illustrates the use of our land. This inaccuracy could "trigger" a lot of additional work and add a lot of additional cost. The City should make the Exhibit 5-1 accurate, and then create an "New" exhibit of lands that "trigger" the need for preconstruction surveys, monitoring, etc. If a property is not identified on the new exhibit, then it would be exempt from the mitigation measures in this section. Chapter 4.4, Biological Resources, of the Draft PEIR provides a high-level evaluation of the biological resources within the 3,138-acre Plan Area based on generalized biotic habitat types (see Table 4.4-2. on page 4.4-6 of the Draft PEIR). The evaluation is based on published biological resource data, and not existing land uses. Proposed mitigation measures are intended to provide guidance to future development on what would be required to address potential biological resource impacts on a site-by-site basis. Given the size of the Plan Area, a parcel-by-parcel evaluation of biological resources is not feasible nor necessary to address the biological resource significance criteria. Please also see Master Response 1. PUB6-02 B. Parks and Recreation: 1. The Draft EIR ( provided by the City) contains standards for the amount of parkland required by the City of Fresno. Along with the Draft PEIR, the City also provided a "Memorandum" dated 8-08-17 entitled "Revisions to the Public Review Draft Southwest Fresno Specific Plan" which provides a rationale to reduce the amount of parks that a recounted in the inventory. The result is that the plan area went from having 3.45 acres/ 1000 population down to 1.49 acres/ 1000 population. The first figure was well above the park acreage requirement; the second figure is far below the requirement. The concern is that the development community will now have to fund additional parks to get the ratio back up to 3 acres/ 1000 population. It may be better for the City to accurately reflect that amount of parks and then state that the "Desired Ratio" is 4 acres / 1000 population. Please see Chapter 3, Revisions to the Draft PEIR, which provides the standard used in the parkland analysis. PUB6-03 2. Additionally, the DEIR document discusses the ratio of parks within its study area and also mentions a Goal ( PF-2 ) which states: "Increase the overall amount of usable parkland within southwest Fresno allowing varied recreational Please see Chapter 3, Revisions to the Draft PEIR. The City’s parkland standard applies citywide, but the Draft PEIR evaluates the additional parkland that would be needed to accommodate the proposed Plan. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO COMMENTS AND RESPONSES 5-74 OCTOBER 2017 TABLE 5-1 COMMENTS AND RESPONSE MATRIX Comment # Date Comment Response opportunities within the entire Southwest Area". This goal applies to All of Southwest Fresno ( approximately 5760 acres), not just the plan area of 3255 acres. The authors of the documents seem to want to impose the park ratio on a specific geographic area of 56% of the Southwest area. This issue needs to be reconsidered. PUB6-04 C. In the 8-08-17 Memorandum mentioned above, Figure 3-3, "Dual Land Use Designation Map for Plan Area" incorrectly places "CMX" on the southwest corner of Hughes and California. This land is currently planned and zoned for "Medium Low Density Residential" uses and the Specific Plan map and DEIR Exhibit map needs to be corrected to reflect this. The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Figure 3-3 as shown in the proposed Plan is correct and intentionally redesignates the dual land use of the parcels at the southwest corner of Hughes and California Avenues to "CMX." Please also see Master Response 1. PUB6-05 D. On page 4.15 - 27, it states "Recycled water, an important water source for the City of Fresno" is not yet utilized in I the Plan Area. This is a gross overstatement which is not really true. The only place that recycled water is being used in the City of Fresno is at Copper River Ranch. The comment expresses concern regarding an inaccurate statement of recycled water utilization in the Plan Area. As shown in Chapter 3, Revisions to the Draft PEIR, in this Final EIR, page 4.15-27 of the Draft PEIR has been revised accordingly. PUB6-06 E. On Page 4.15 - 33, Table 4.15-7 indicates Basin Sizes by acres. These figures cannot be accurate and this table needs to be corrected. The comment expresses concern regarding the accuracy of Table 4.15-7 of the Draft PEIR. As shown in Chapter 3, Revisions to the Draft PEIR, in this Final EIR, page 4.15-33 has been revised accordingly. PUB6-07 F. On page 5-3, one of the Project Objectives reads "Provide quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (½ mile) of all residences". While this may sound like a great "goal", has anyone at the City figured out how many parks (new) would be required to "satisfy'' this statement and how these numerous parks will be maintained? The comment pertains to the proposed Plan and does not address the adequacy of the Draft PEIR. Please also see Master Response 1. PLACEWORKS 6-1 6. Mitigation Monitoring and Reporting Program This chapter contains the Mitigation Monitoring and Reporting Program (MMRP) for the City of Fresno’s Southwest Fresno Specific Plan, herein referred to as “proposed Plan.” The MMRP is intended to ensure the implementation of mitigation measures identified as part of the environmental review for the proposed project. The MMRP includes the following information:  A list of mitigation measures  The timing for implementation of each mitigation measure  The agency responsible for monitoring implementation  The monitoring action and frequency The City of Fresno must adopt this MMRP, or an equally effective program, if it adopts the proposed Plan with the mitigation measures that were adopted or made conditions of project adoption. Mitigation Measures that have been incorporated from the Fresno General Plan Master Environmental Impact Report (MEIR) are numbered with “MEIR” as a prefix. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-2 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification AESTHETICS MEIR AES-1: Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low-intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low- intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. Prior to issuance of electrical permits City of Fresno Development and Resource Management Department MEIR AES-4: Lighting systems for freestanding signs shall not exceed 100 foot-Lamberts (FT-L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. Prior to issuance of sign permits City of Fresno Development and Resource Management Department MEIR AES-5: Materials used on building façades shall be non-reflective. Prior to issuance of building permits City of Fresno Development and Resource Management Department AIR QUALITY AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star-certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment Prior to commencement of and during construction activities City of Fresno Development and Resource Management SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-3 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. Department AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that:  All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints).  All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency.  The construction contractor shall also use precoated/natural colored building materials, where feasible. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-3: Implement Mitigation Measure AQ-1. Prior to issuance of building permits City of Fresno Development and Resource Management Department AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions. Prior to issuance of building permits, commencement of and during construction activities City of Fresno Development and Resource Management Department AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII, the property owner/developer shall submit a dust control plan consistent with SJVAPCD Regulation VIII requirements that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions:  Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated).  On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant.  Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-4 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification activities shall be effectively controlled utilizing application of water or by presoaking.  Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site.  Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.)  Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant.  Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday.  Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.  Limit traffic speeds on unpaved roads to 15 mph.  Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent.  Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the Plan Area.  Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable. AQ-7: AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b of the Draft EIR. Prior to issuance of grading, demolition, or building permits, whichever occurs first City of Fresno Development and Resource Management Department BIOLOGICAL RESOURCES BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities66 and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project Prior to commencement of construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-5 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification implementation. If a special-status species is determined to occupy any portion of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance- free buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. BIO-1.1b: Direct or incidental take of any State- or federally-listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-1.1c: Development within the Plan Area should avoid, where possible, special-status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat-based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special-status natural communities to a less than significant level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case-by-case basis. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-1.2: A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (1 February through 15 September) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional pre-construction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground-disturbing activities. To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of Fish and Wildlife (CDFW) based on the following ratios, if feasible: Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-6 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized.  If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land and irrigated pasture, and cereal grain crops. Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. BIO -1.3: No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent should retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction should be in substantial compliance with the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance.66 As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW should be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit. Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal should be inspected by a qualified biologist for presence of potential day-roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities should be examined for roosting bats using a portable camera probe or similar technology. No more than two weeks before the onset of any initial ground-disturbing activity or construction Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-7 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification associated with each phase of project implementation, a qualified bat biologist should conduct pre- construction surveys of all buildings with potential for roosting habitat for supporting special-status bats or a maternity colony should be inspected by a qualified biologist for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector should be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost should be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground-disturbing activities and are unable to re-enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements should be created prior to the roost removal. The qualified bat biologist, in consultation with CDFW, should facilitate the removal of roosting bats outside of the winter hibernation (1 November to 28 February) and maternity roosting (15 March to 31 August) periods through the following means: 1. Implementing eviction during a period of warm (nighttime low>50°F), dry weather, when bats are expected to be active. 2. Opening the roosting area to allow airflow through the cavity or building (air flow disturbance). 3. Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. 4. Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost. 5. Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours. BIO-1.5: Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist should conduct pre-construction surveys for American badgers within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance should be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-8 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following should be implemented:  If present, occupied badger dens should be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews should encircle the occupied den at the appropriate buffer distance, and should not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) should be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and should not be removed until the qualified biologist has determined that the den is no longer in use.  If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers should occur only under the direction of a qualified biologist. BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground- disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non-breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and non-impacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground- Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-9 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. BIO-1.7: Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) should conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they should be moved to the nearest suitable habitat immediately upstream or downstream from the project site. The candidate sites for relocation should be identified before construction and should be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests should remain undisturbed until the eggs have hatched. Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department BIO-1.8. Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of non-listed raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-10 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification consultation with a qualified wildlife biologist and CDFW. BIO-2.1a: Impacts to riparian habitat should be avoided by delineating a 200-foot disturbance free buffer from the high water mark of a waterbody or waterway or form the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a compensatory habitat-based mitigation should be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat based mitigation should be determined on an acre- for-acre basis through consultation with the appropriate agency (i.e., CDFW or USFWS). Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. Prior to commencement of construction activities City of Fresno Development and Resource Management Department BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special-status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation) (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation Prior to commencement of construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-11 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification should be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB) and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation should be implemented in a ratio according to the size of the impacted wetland. BIO-3b: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. Implementation of temporary construction-related BMPs shall occur prior to commencement of and during construction activities; implementation of long-term operational BMPs shall occur prior to issuance of occupancy permits City of Fresno Development and Resource Management Department CULTURAL RESOURCES MEIR CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. During construction activities City of Fresno Development and Resource Management Department MEIR CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. Subsequent to a preliminary City review of the project grading plans and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-12 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification If prehistoric resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MEIR CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, Subsequent to a preliminary City review of the project grading plans and during construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-13 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City- approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. MEIR CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with During construction activities City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-14 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification the descendants all reasonable options regarding the descendants’ preferences for treatment. Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately. CUL-5: Implement Fresno General Plan MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4. See Mitigation Measures MEIR CUL-1, MEIR CUL-2, and MEIR CUL-4. GREENHOUSE GAS (GHG) EMISSIONS GHG-1: Implement Mitigation Measure AQ-2b as follows: Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. See Mitigation Measure AQ-2b. HAZARDOUS AND HAZARDOUS MATERIALS HAZ-3: Implementation of Mitigation Measures HAZ-4a through HAZ-4h, described later in the section under Impact HAZ-4, would reduce potential impacts to schools. In addition, as stated in the discussions of Impacts HAZ-1 and HAZ-2, compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. See Mitigation Measures HAZ-4a through HAZ-4h. HAZ-4a: Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted. Prior to issuance of grading permit City of Fresno Development and Resource Management Department HAZ-4b: In the event that the findings and conclusions of the Phase I ESA for a property result in evidence of RECs, HRECs and/or PECs warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the Prior to issuance of grading permit City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-15 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as USTs, drywells, drains, plumbing, and septic systems. The findings and conclusions of the Phase II ESA shall become the basis for potential recommendations for follow-up investigation, site characterization, and/or remedial activities, if found to be warranted. HAZ-4c: In the event the findings and conclusions of the Phase II ESA reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment. Prior to issuance of grading permit City of Fresno Development and Resource Management Department HAZ-4d: If the findings and conclusions of the Phase II ESA(s), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the Cal-EPA Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility. Prior to issuance of grading permit City of Fresno Development and Resource Management Department and Fresno County Department of Environmental Health Services HAZ-4e: Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and Prior to issuance of building permit City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-16 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification groundwater in connection with remediation and site development activities and the proposed land use. HAZ-4f: For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project design shall include vapor controls or source removal, as appropriate, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment as associated vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ4-4e). Prior to commencement of and during construction activities City of Fresno Development and Resource Management Department HAZ-4g: In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos- containing materials (ACM) and/or LBP. Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is the responsible agency on the local level to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos-containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos containing materials. Prior to issuance of demolition permit City of Fresno Development and Resource Management Department and the San Joaquin Valley Air Pollution Control District HAZ-4h: Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or hazardous materials to determine if concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements, prior to importing to such a property. Prior to soil import City of Fresno Development and Resource Management Department NOISE NOISE-2a: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 50 feet of off-site structures, shall prepare and submit to Prior to issuance of grading and construction permits City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-17 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification the City of Fresno an acoustical study to evaluate potential construction-related vibration damage impacts. The vibration assessment shall be prepared by a qualified acoustical engineer and be based on the Federal Transit Administration (FTA) vibration-induced architectural damage criterion. If the acoustical study determines a potential exceedance of the FTA thresholds, measures shall be identified that ensure vibration levels are reduced to below the thresholds. Measures to reduce vibration levels can include use of less-vibration-intensive equipment (e.g., drilled piles and static rollers) and/or construction techniques (e.g., non-explosive rock blasting and use of hand tools) and preparation of a pre-construction survey report to assess the condition of the affected sensitive structure. Identified measures shall be included on all construction and building documents and submitted for verification to the City. NOISE-2b: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities—such as pile drivers, jack hammers, and vibratory rollers—within 100 feet of sensitive receptors (e.g., residences and schools) shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration annoyance impacts. The study shall be prepared by a qualified acoustical engineer and shall identify measures to reduce impacts to habitable structures to below the Federal Transit Administration (FTA) vibration-induced annoyance criterion. If construction- related vibration is determined in the acoustical study to be perceptible at vibration-sensitive uses, additional requirements, such as use of less-vibration-intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles, static rollers, and non- explosive rock blasting). Identified measures shall be included on all construction and building documents and submitted for verification to the City. Prior to issuance of grading and construction permits City of Fresno Development and Resource Management Department NOISE-4a: As required by the City of Fresno Municipal Code, construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and shall require a permit issued by the City. Prior to issuance of construction permits and during construction activities City of Fresno Development and Resource Management Department NOISE-4b: Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Development and Resource Management Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Development and Resource Management Director. Specific measures may include, but are not limited to, the following best management practices: Prior to issuance of demolition, grading and/or construction permits City of Fresno Development and Resource Management Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-18 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged.  Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures.  Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day.  Reduce non-essential idling of construction equipment to no more than five minutes.  Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise.  Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions.  If construction equipment is equipped with back-up alarm shut offs, switch off back-up alarms and replace with human spotters, as feasible.  Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible.  To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps.  Shut off generators when generators are not needed.  Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time.  Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise.  Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. The final noise-reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise-reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-19 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification PUBLIC SERVICES AND RECREATION MEIR PS-5: As future school facilities are planned, the school districts shall evaluate if specific environmental effects would occur. Typical impacts from school facilities include noise, traffic, and lighting. Typical mitigation to reduce potential impacts includes:  Noise: Barriers and setbacks placed on school sites.  Traffic: Traffic devices for circulation.  Lighting: Provision of hoods and deflectors on lighting fixtures for stadium lights. Prior to issuance of construction permits City of Fresno Development and Resource Management Department PS-7: As new development occurs in the Plan Area, the City shall periodically (every 5 years) monitor residential population growth compared to development of new parklands for the purpose of evaluating the strength of this Plan to meet the ratio of 3 acres of parkland per 1,000 population. If the ratio is not met, the City shall explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. At 5-year intervals during implementation of the proposed Plan, through the year 2042 City of Fresno Development and Resource Management Department PS-8: Implement Mitigation Measure PS-7. See Mitigation Measure PS-7. TRANSPORTATION AND TRAFFIC TRANS-7.1: Provide transportation improvements consistent with General Plan Policy MT-1-j in the Plan Area that would encourage non-vehicular transportation and reduce auto traffic levels. These improvements shall be consistent with the goals and policies in the proposed Plan, which require the implementation of complete streets, bikeways, trails, sidewalks, and enhanced transit service to support transit use, biking, and walking as viable modes of travel. By supporting and encouraging these non-auto modes in lieu of auto travel, future traffic levels would be reduced. The City of Fresno shall also apply General Plan Policy MT-1-o, which allows LOS E or F conditions outside of identified multimodal districts if provisions are made to sufficiently improve the overall transportation system and promote non-vehicular transportation. With the application of General Plan policy MT-1-o, the LOS F conditions on Church Avenue and LOS E conditions on North Avenue would be considered acceptable. Ongoing City of Fresno Public Works Department TRANS-7.2: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. The City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-99/Jensen Avenue interchange and SR- 41/North Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: Ongoing Note: State Route 99 and State Route 41 are under Caltrans’ jurisdiction, and the implementation and timing of Mitigation Measure TRANS-7.2 is not Caltrans, Fresno Council of Governments, City of Fresno Public Works Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-20 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  SR-99 Southbound Off-Ramp/Jensen Avenue intersection: - Widen the SR-99 southbound off-ramp to add an additional left-turn pocket. - Restripe the existing shared through-left turn lane on the SR-99 southbound off-ramp as a dedicated through lane. - The resulting lane configuration on the southbound off-ramp is: two left-turn lanes, one through lane, and one right-turn lane. - Add an overlap phase for the northbound right-turn movement. - Prohibit westbound U-turn movement to allow the northbound right-turn overlap. - Widen the eastbound approach to stripe a third through lane; add a third receiving lane on the east leg that traps into the SR-99 southbound on-ramp.  SR-99 Northbound Off-Ramp/Jensen Avenue intersection: - Change the lane configurations on the northbound off-ramp to a dedicated left-turn pocket and shared through-right turn lane. - Add an overlap phase for the southbound right-turn movement. - Prohibit eastbound U-turn movement to allow the southbound right-turn overlap. - Widen the westbound approach to stripe a third through lane; add a third receiving lane on the west leg that traps into the SR-99 northbound on-ramp. - Change the phasing for the northbound and southbound approaches to protected left-turn movements and separate.  SR-41 Southbound Off-Ramp/North Avenue intersection: - Widen the SR-41 southbound off-ramp to add a left-turn pocket. - Change the lane configurations on the southbound off-ramp to convert the existing shared through-left turn lane to a shared right turn-through-left turn lane. - Extend the right-turn pocket on the off-ramp to accommodate right-turn queue length shown in Table 4.14-16. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared right turn-through-left turn lane, and one right-turn lane. - Widen the eastbound approach to add a third through lane that traps into the eastbound left- turn onto the SR-41 northbound on-ramp. In addition to addressing intersection operations, the changes identified above also address freeway off-ramp queuing impacts identified in Impact TRANS-7.3 below. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-16 below (refer to Appendix H for calculations). fully under the City’s control. SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-21 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification While these changes would improve traffic operations to an acceptable LOS, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. In addition to the three intersections at the SR-99/Jensen Avenue and SR-41/North Avenue interchanges that operate at LOS E or LOS F under cumulative conditions, the following improvements would address unacceptable LOS E operations at the SR-99/Fresno Street interchange:  SR-99 Southbound Ramps/Fresno Street intersection: - Widen the SR-99 southbound frontage road to add an additional right-turn pocket. - Restripe the existing through lane as a shared through-left turn lane on the SR-99 southbound off-ramp. - The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared through left-turn lane, and two right-turn lanes.  SR-99 Northbound Ramps/Fresno Street intersection: - Add a through lane to the westbound approach on Fresno Street that traps into the left-turn onto the SR-99 southbound on-ramp. - Adding the third through lane on Fresno Street would require removing the existing raised median and prohibiting eastbound left-turns at the Fresno Street/E Street intersection. With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-17 below (refer to Appendix H for calculations). While the intersection and ramp changes at the SR-99/Fresno Street interchange would improve intersection LOS, physical constraints on the SR-99 southbound frontage road would make the proposed widening of the southbound approach infeasible. TRANS-7.3: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. In addition to the recommended improvements listed in Mitigation Measure TRANS-7.2, the City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR-41/Jensen Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: Ongoing Note: State Route 41 is under Caltrans’ jurisdiction, and the implementation and timing of Mitigation Measure TRANS-7.3 is not fully under the City’s control. Caltrans, Fresno Council of Governments, City of Fresno Public Works Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-22 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  SR-41 Southbound Off-Ramp/Jensen Avenue intersection: - Change the existing shared left-right turn lane on the SR-41 southbound off-ramp as a dedicated right-turn lane SR-99 southbound off-ramp - The resulting lane configuration on the southbound off-ramp is: one left-turn lane and two right-turn lanes - Add a southbound right-turn phase to run concurrently with the eastbound through phase by taking green time from the westbound through phase The implementation of the changes to the SR-41 southbound off-ramp at Jensen Avenue listed above would reduce queuing on the SR-41 southbound off-ramp. These changes in combination with the improvements to the SR-99/Jensen Avenue, SR-41/North Avenue, and SR-99/Fresno Street interchange listed in Mitigation Measure TRANS-7.2, would reduce freeway off-ramp queuing under cumulative conditions. Table 4.14-18 in Chapter 4.14 presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix H for calculations). While these changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off-ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. UTILITIES AND SERVICE SYSTEMS MEIR USS-1: The City shall develop and implement a wastewater master plan update. Prior to wastewater conveyance and treatment demand exceeding capacity City of Fresno Public Utilities Department MEIR USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements.  Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Prior to exceeding existing wastewater treatment capacity City of Fresno Public Utilities Department MEIR USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall construct the following improvements. Prior to exceeding existing wastewater treatment capacity City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-23 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Construct an approximately 24 MGD Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased.  Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. MEIR USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented subject to approval by the City prior to construction. The plan shall identify hours of construction and for deliveries, include haul routes, identify access and parking restrictions, plan for notifications, identify pavement markings and signage, and plan for coordination with emergency service providers and schools. Prior to construction of water and sewer facilities City of Fresno Public Works Department MEIR USS-5: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update Phase 2 Report, January 2012 (2012 Metro Plan Update).  Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9- 1 of the 2012 Metro Plan Update. Prior to exceeding existing water supply capacity City of Fresno Public Utilities Department MEIR USS-6: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided.  Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27- inches to 42-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07- REP. Prior to exceeding capacity within the existing wastewater collection system facilities City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-24 OCTOBER 2017 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification  Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33 inches to 60 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1-REP and CM2-REP.  North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48 inches to 66 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1.  Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24 inches to 36 inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. MEIR USS-7: Prior to exceeding capacity within the existing 28 pipeline segment shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. Prior to exceeding capacity within the existing 28 pipeline segments shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR City of Fresno Public Utilities Department MEIR USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025.  Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Prior to exceeding capacity within the existing water conveyance facilities City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM PLACEWORKS 6-25 TABLE 6-1 MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measure Timing of Implementation Agency/Department Responsible for Verification Plan Update.  Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 50.3 miles of regional water transmission mains ranging in size from 24-inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update.  Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. MEIR USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. Prior to exceeding capacity within the existing water conveyance facilities City of Fresno Public Utilities Department UTIL-3: Implement MEIR Mitigation Measures USS-1 through USS-3. See Mitigation Measures MEIR USS-1 through MEIR USS-3. UTIL-4: Implement MEIR Mitigation Measures USS-1 through USS-9. See Mitigation Measures MEIR USS-1 through MEIR USS-9. MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Prior to exceeding landfill capacity City of Fresno Public Utilities Department SOUTHWEST FRESNO SPECIFIC PLAN RESPONSE TO COMMENTS DOCUMENT CITY OF FRESNO MITIGATION MONITORING AND REPORTING PROGRAM 6-26 OCTOBER 2017 ........................................................................................................................ A PPENDIX H D RAFT P EIR C OMMENT L ETTERS ........................................................................................................................ COMMENT LETTER # GOV1 GOV1-01 GOV1-02 GOV1-03 GOV1-04 GOV1-05 GOV1-06 GOV1-07 GOV1-08 GOV1-09 GOV1-10 GOV1-11 GOV1-12 GOV1-13 GOV1-14 GOV1-15 GOV1-16 GOV1-16 cont. GOV1-17 GOV1-18 GOV1-19 GOV1-20 GOV1-20 cont. GOV1-21 COMMENT LETTER # GOV2 GOV2-01 GOV2-01 cont. GOV2-02 GOV2-02 cont. GOV2-03 GOV2-04 GOV2-04 cont. GOV2-05 GOV2-06 GOV2-07 GOV2-07 cont. GOV2-08 GOV2-09 GOV2-09 cont. GOV2-10 GOV2-11 GOV2-12 GOV2-12 cont. GOV2-13 GOV2-14 GOV2-15 GOV2-16 GOV2-16 cont. GOV2-17 GOV2-18 GOV2-19 GOV2-19 cont. GOV2-20 GOV2-21 GOV2-21 cont. GOV2-22 GOV2-23 GOV2-24 GOV2-25 COMMENT LETTER # GOV3 GOV3-01 GOV3-02 GOV3-03 GOV3-04 GOV3-05 GOV3-06 GOV3-07 GOV3-08 GOV3-08 cont. GOV3-09 GOV3-10 GOV3-11 GOV3-12 GOV3-13 GOV3-14 GOV3-15 GOV3-16 GOV3-17 GOV3-18 GOV3-18 cont. COMMENT LETTER # GOV4 GOV4-01 By U.S. Mail & E-Mail: southwestcomments@fresno.gov September 25 , 2017 Sophia Pagoulatos, Planning Manager Barth Daly LLP 431 I Street #201 Sacramento, CA 95814 Tel: 916.440.8600 Fax: 91 6.440. 961 0 Barth-Daly.com City of Fresno, Development and Resource Management Department 2600 Fresno Street, Rm. 3065 Fresno, CA 93 721 Re: Comments of Washington Unified School District on Draft Program Environmental Impact Report for the Southwest Fresno Specific Plan Dear Ms. Pagoulatos: Our firm represents Washington Unified School District ("District"). On behalf of the District, we submit these comments on the Draft Program Environmental Impact Report ("Draft PEIR") prepared for the proposed Southwest Fresno Specific Plan (collectively, the "Project"). As set forth in this letter, the Draft PEIR does not comply with the California Environmental Quality Act ("CEQA," Pub. Resources Code, §§ 21000, et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, §§ 15000, et seq.) for both technical and substantive reasons. The Draft PEIR does not include sufficient information to evaluate potential environmental impacts related to schools. The District requests that the City revise the Draft PEIR to address the issues identified in this letter, develop appropriate mitigation measures for any impacts that are identified as significant, and then recirculate the revised Draft PEIR as required by CEQA. (Cal. Code Regs ., tit. 14, § 15088.5.) As another public agency serving the population of Fresno, the District prefers to cooperate with the City regarding the proposed Project so as to help ensure that it will benefit the entire community, without undue impacts. The District's primary concern is that the Project not create significant impacts on the student population it serves, their families, District staff and teachers, and the school facilities in which they are housed. The District wishes to emphasize that this Project has the potential to have a profound negative effect on the District's students, their families, and residents who will reside in and near the Project. It remains the District's hope that collaboration between the District and both the City and Project developers can occur to avoid this result. GOV4-02 GOV4-03 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 2 I. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate description of the environmental setting related to schools. An environmental impact report is required to include a description of the physical environmental conditions in the vicinity of the project as they exist at the time the notice of preparation is published. This environmental setting constitutes the baseline physical conditions by which the lead agency determines whether an impact is significant. (Cal. Code Regs., tit. 14, § 15125, subd. (a).) In this regard, the Draft PEIR's discussion of the impacts of the Southwest Specific Plan on the District's ability to serve students generated by the eventual development in the Plan area is of particular concern. The Draft PEIR contains no specific information pertaining to the District, and relies almost exclusively on information pertaining to Fresno Unified School District (serving just a portion of the north of the Plan area, and Central Unified School District (serving only a small part along the western edge of the Plan area. [Draft PEIR, p. 4.13-14-17.] The PEIR entirely fails to disclose the existing conditions of schools located within the District. Where the environmental setting in an EIR contains inaccuracies, it fails as an informational document. An EIR cannot properly and accurately assess the impacts of the project or determine appropriate mitigation measures if it does not include adequate consideration and documentation of the existing environmental conditions. (See, San Joaquin Raptor/Wildlife Rescue Center, et al. v. County of Stanislaus (1994) 27 Cal.App.4th 713.) II. The Draft PEIR does not meet its purpose as an informational document because it fails to provide an adequate analysis of environmental impacts related to schools. A. The Draft PEIR contains an inadequate discussion of impacts on schools. The Draft PEIR is deficient in its discussion and proposed mitigation of school-related impacts that may result from the Project. The Draft PEIR states that impacts on schools are deemed less than significant with payment of school developer fees. [Draft PEIR, pp. 4.13-18-19.] The Draft PEIR states that in accordance with Senate Bill ("SB") 50, "the City collects Development Impact Fees for the provision of school facilities that would accommodate the proj ected increase in student population within the Plan Area." [Draft PEIR, p.4.13-19.] This analysis is based on a misconception and falls short of providing a GOV4-03 cont. GOV4-04 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 3 full and accurate picture of the school-related impacts that will necessarily result from the Project. Further, here and elsewhere, the Draft PEIR contains bare conclusions regarding impacts without a sufficient explanation of the basis for those conclusions, again in violation ofCEQA. (Laurel Heights Improvement Ass'n. v. Regents of the University of California (1988) 47Cal.3d 376, 397.) In this instance, as the Draft PEIR fails to acknowledge, the statutory school impact fees will not sufficiently fund the necessary new facilities. It is commonly understood that "Level 1" developer fees (Ed. Code,§ 17620; Gov. Code,§ 65995) for schools cover only approximately one-third of the projected cost of school construction, with the other two-thirds expected to come from State and local bond funds. With there now having been no new statewide bond measure for school facilities for many years, State funds are depleted, leaving an even greater shortfall. Similarly, "Level 2" fees reflect only approximately half of the necessary cost, as demonstrated by the fact that when State funding runs out, the possibility of an approximate doubling of the fees to a "Level 3" is permitted to address the full anticipated cost of school construction. (See Go,1. Code §§65995.5 -65995.7.) Level 3 fees are not currently available due to a pending lawsuit against the State Allocation Board, which is not likely to be resolved in short order. The shortfall of necessary funds is exacerbated by the potential limitations on bonding capacity of land in the Plan Area, should a new school site be needed. Without sufficient space to build on the current elementary school site owned by the District in the Plan Area, acquisition of a new site, and more likely multiple sites, is probable, with inadequate available funds for such land purchases. The developer fees cited by the Draft PEIR were never intended to prohibit other mitigation, nor will they adequately mitigate all impacts of this Project. Government Code section 65996(b) mentions only "school facilities mitigation," meaning that mitigation of impacts on issues other than school facilities must still be addressed. (See, Chawanakee Unified School District v. County of Madera, et al. (2011) 196 Cal.App.4th 1016.) The Draft PEIR fails to explore other measures that would alleviate the impact of the increases in student enrollment. Government Code section 65996 also does not preclude a host of available means of addressing a School District's needs as a result of new development. Alternative means of addressing the impacts of new development on schools still allowed under SB 50, and not acknowledged in the Draft PEIR, include : GOV4-04 cont. Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page4 1. Coordinated Planning for School Sites Government Code sections 65352 and 65352.2 require local cities to coordinate planning of school facilities with school districts. The Legislature confirmed in this statutory scheme that the parties are meant to coordinate "[o]ptions for the siting of new schools and whether or not the local city or counties existing land use element appropriately reflects the demand for public school facilities, and ensures that new planned development reserves location for public schools in the most appropriate locations." (Gov. Code 65352.2(d)(2).) No such coordination has occurred in relation to the Project. The Draft PEIR does not analy ze the City's failure to comply with these coordination requirements. The Legislature recognized that new planned development should take into consideration and even "reserve" locations for schools to serve development because schools are as integral a part of planning for new development as is any other public service, such as fire, police, water and sewer. As it relates to this instance, the intent behind sections 65350, et seq., supports the District's position that the City must analyze whether the current size of District schools is adequate to accommodate both its existing population and the new development. The City can help the District provide adequate facilities resulting from the impacts of the Project, which are not addressed by developer fees, by acknowledging the significant impact on schools, and requiring alternative mitigation measures to assure that there are adequate sites to accommodate school facilities. The Draft PEIR states that "As future development occurs throughout the Plan Are a, the school districts would continually monitor capacities of existing schools and forecast the timing of the construction of new schools or expansion of existing school so that new student populations can be provided with adequate school facilities ... ," but this statement is inadequate as mitigation because it does not commit the City to any action, and does create a condition of approval for developers. [Draft PEIR, p. 4.13-18.] The City has improperly delegated authority for development of adequate mitigation measures to address the school siting issues to future developers of the land within the Plan Area. This is not a permissible delegation of authority under CEQA. (Cal. Code Regs., tit. 14, § 15025, subd. (b)(l).) Per section 15084, subdivision (e), of the CEQA Guidelines, a draft EIR must reflect the independent judgment of the lead agency, and the lead agency is responsible for the adequacy and objectivity of the draft EIR. Leaving developers to come up with mitigation measures to address school-related issues does not comply with this standard. (See also, Pub. Resources Code,§ 21081.6, subd. (b); Cal Code Regs., tit. 14, § 15126.4, subd. (a)(2) [EIR must have mitigation measures that are enforceable through conditions of approval, contracts or other means that are legally binding].) GOV4-05 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25 , 2017 Page 5 2. Land Dedication One feasible mitigation measure not addressed by the City would be for the City to adopt findings requiring any developer building as part of the development allowed by the Project to dedicate land and/or funding pursuant to Government Code sections 65970, et seq., which permit the City to require a developer to dedicate land to a school district. Section 65974 specifically states that "for the purpose of establishing an interim method of providing classroom facilities where overcrowded conditions exist, ... a city, county, or city and county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development." Nothing in SB SO/Government Code section 65996 precludes this approach. A land dedication requirement would be good public planning benefiting all residents of the community, including future residents of the Project. Land suitable for a new school site in the vicinity of the Project is already scarce; it will only become more so if the Project is implemented and further development occurs. Under Government Code sections 65352 and 65352.2, the City has a duty to help plan for adequate services to its residents by ensuring that future sites are set aside for schools. Failure to do so leads to inadequate services, future controversies, and the potential need for a school district to exercise its rights under eminent domain, displacing future residents. All of these are impacts potentially stemming from the Project that are not considered in the Draft PEIR, and for which mitigation is and can be made available under existing law. Land dedication is a permissible mitigation measure under Government Code sections 65995, et seq. Section 65995(a) specifically states that "[e]xcept for a fee, charge, dedication, or other requirement authorized under Section 17620 of the Education Code, or pursuant to Chapter 4.7 (commencing with Section 65970), a fee, charge, dedication or other requirement for the construction or reconstruction of school facilities may not be levied .... " (Emphasis added.) Section 65995 expressly excludes Chapter 4.7, inclusive of section 65974, from this limitation, thus permitting a city to address the impacts of development through the dedication of land. Further, the City is authorized by section 66478 of the Subdivision Map Act to require dedication of elementary school sites when needed to address development. Nothing in Government Code sections 65995, et seq., precludes such a requirement. Land dedication is particularly important in the Project's vicinity given the lack of available vacant land for the school facilities that will be needed to serve the Project. GOV4-06 GOV4-07 Sophia Pagoulatos, Planning Manager City of Fresno, DeYelopment and Resource Management Department September 25,2017 Page 6 3. Phasing Another method by which the City can work cooperatively with the District within all legal constraints to ensure adequate school facilities with regard to new development allowed by the Project is by requiring future development to be phased and not permitted prior to availability of school facilities. Timing development so as to balance the availability of school facilities with new development can significantly aid the District in its attempt to provide for the additional students who will be generated as a result of the Project and development following approval of the Project. The Draft PEIR makes vague assumptions regarding project build-out by stating that the development of residential units would occur over many years, so the growth in students would be spread across the some unknown future time. The reality is that the District must plan in advance for the arrival of the new students generated by the Project. The City could mitigate the impacts of the Project and allow for available school facilities when needed by requiring phasing of future development. This phasing could require that the timing of the development of the Project be coordinated with the availability of school facilities. B. The Draft PEIR contains an inadequate discussion of other school- related impacts. In addition to the above discussion of the inadequacy of school impact fees to mitigate the Project's significant impact on schools, the Draft PEIR fails to address other types of impacts related to the inundation of District schools that will be caused by the Project. The case of Chawanakee Unified School District v. County of Madera, et al., (2011) 196 Cal.App.4th 1016 ("Chawanakee") addresses the extent to which a city or county must consider school related impacts in an environmental impact report for new development. The Court determined that SB 50 does not excuse a lead agency from conducting environmental review of school impacts other than an impact "on school facilities." With respect to this terminology from subdivision (a) of section 65996, the Court opined: [T]he use of the term "on" indicates a direct relationship between the object (i.e. school facilities) and the impact and excludes impacts to other parts of the physical environment. Consequently, the phrase "impacts on school facilities" used in SB 50 does not cover all possible environmental impacts that have any type of connection or relationship to schools. (Id., at 1028.) GOV4-08 GOV4-09 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 7 As a result, the Court of Appeal in Chawanakee concluded that the County would have to set aside the certification of the EIR at issue in that case and approvals of the project and take "action necessary to bring the EIR into compliance with CEQA regarding its analysis of the (a) traffic from private and school bus trips to existing schools outside the project area pending the construction of school with the project area and (b) the potential environmental effects from the construction of additions, either temporary or permanent, to existing schools prior to the construction of schools in the project area." (Id., at 2019.) The Draft PEIR does not contain any discussion of these impacts and effects. As in the Chawanakee case, there is no analysis whatsoever in the Draft PEIR of the impact on school children and surrounding neighborhoods as portable classrooms or permanent construction are added to existing schools, or new schools are built, to accommodate development flowing from the approval of the Project. This would include addition of second stories on existing school buildings. 1. Traffic and Transportation Though the Draft PEIR generally analyzes the impacts of increased traffic, its analysis is inadequate particularly as related to schools. Traffic in the area of the Project is already impacted. The Specific Plan recognizes that the only high school within the District boundaries, Washington High School, is approximately four (4) miles south of the Plan Area, but the Draft PEIR fails to account for the traffic associated with transporting students from newly developed residential areas within the Plan Area to the existing high school, prior to any construction of a high school within the Plan Area. The Draft PEIR must include greater analysis regarding safety issues affected by traffic, such as reduced pedestrian safety (particularly as pupils walk to and from the schools that will serve the Project area), reduced response times for emergency services and first responders traveling to school sites, and increased gridlock during, before, and after school drop-off and pick-up hours. Since the District does not provide regular bussing for students (an important existing condition not addressed in the Draft PEIR), the Project has the potential to create substantial impacts in terms of traffic. Given these concerns and the lack of mitigation measures to address them adequately, the Draft PEIR must be revised and supplemented to analyze the significant issues of traffic and safety as they relate to existing and proposed schools. The Chawanakee case supports the conclusion that greater traffic analysis that specifically takes the District and its students into consideration is required. GOV4-10 GOV4-11 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 8 As stated in Chawanakee, a project's indirect impacts on parts of the physical environment that are not school facilities are not excused from being considered. For example: [A]n impact on traffic, even if that traffic is near a school facility and related to getting students to and from the facility, is not an impact 'on school facilities' for purposes of Government Code section 65996, subdivision (a). From both a chronological and a molecular view of adverse physical change, the additional students traveling to existing schools will impact the roadways and traffic before they set foot on the school grounds. From a funding perspective, the capped school facilities fee will not be used by a school district to improve intersections affected by the traffic. Thus, it makes little sense to say that the impact on traffic is fully mitigated by the payment of the fee. In.summary, ... the impact on traffic is not an impact on school facilities and, as a result, the impact on traffic must be considered in the EIR. (Chawanakee, 196 Cal.App.4th at 1028-29.) The Draft PEIR expressly acknowledges that there will be traffic (and other) impacts associated with construction and operation of new or expanded schools, and it states, " ... there could be significant adverse environmental impacts from the construction and operation of the schools. Typical impacts associated with schools include: noise and traffic for most of the schools and potentially lighting if there are high school stadiums proposed." [Draft PEIR, p. 4.13-18.] In this regard, the Draft PEIR fails to comply with CEQA and the requirements of Chawanakee. Mitigation measures are required to be enforceable through conditions of approval, contracts or other means that are legally binding. (Pub. Resources Code, §21081.6 , subd. (b); Cal. Code Regs., tit. 14, § 15126.4, subd. (a)(2).) The measure in the Draft PEIR that defers mitigation of the impacts of future development does not meet this standard, and is therefore inadequate. It does not commit the City to take any action in the future, or refrain from doing so, and it does not impose any obligation on a third party through a condition of approval or contract. The measure also improperly defers formulation of mitigation. While deferral of specifics is acceptable in some circumstances, the lead agency must articulate specific performance criteria and make further approval contingent on finding a way to meet them. In Preserve Wild Santee v. City of Santee (2012) 210 Cal.App.4th 260, an EIR was disapproved by the court based on the fact that it improperly deferred mitigation of impacts to an endangered butterfly and did not GOV4-11 cont. GOV4-12 GOV4-13 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 9 include any performance standards or guidelines. Rather, the court found that the anticipated plan for management contained nonspecific actions, and left the timing and other specifics subject to the discretion of the habitat preserve manager on prevailing environmental conditions. Therefore, the activities were not guaranteed to occur at any particular time or in any particular manner. Further, the EIR in Preserve Wild Santee did not indicate that it was in any way impractical or infeasible to specify standards or guidelines. Like the EIR in Preserve Wild Santee, the Draft PEIR improperly defers mitigation of significant impacts related to the foreseeable need to construct schools to serve the expected development within the Plan Area. The failure adequately to consider and analyze the constraints on the future need to construct schools contemplated in the Draft PEIR also points to a failure to consider adequate and feasible alternatives, as required by CEQA. (See, e.g., Pub. Resources Code§ 15126.6(a)-(e).) To the extent that the City contends that the traffic analysis "assumes" that there will be school trips associated with residential units, this is not sufficient. There is no specific data or discussion of such school trips, and there is no way to separate those types of trips from other vehicle trips so as to meaningfully review and analyze their impacts. The analysis therefore fails to comply with CEQA. (See, Pub. Resources Code,§ 21003, subd. (b) [EIR must be meaningful and useful to decision-makers and the public]; Cal. Code Regs., tit. 14, §§ 15140, 15147 [maps, charts and other means of presenting information graphically should be used to enhance an EIR's clarity; technical data should be summarized].) 2. Impacts of commercial development The Draft PEIR ignores the impact of commercial development on the generation of students and demand for schools. This oversight apparently results from a flawed assumption with no basis. In fact, the Legislature has expressly recognized that commercial development generates students. Otherwise, it would not have authorized school districts to charge fees against commercial and industrial development, as it did with Education Code section 17620(a)(l)(A). The imposition of fees on commercial and industrial development is based on the premise, recognized by the Legislature, that this type of development will attract new employees with families and therefore will generate new students. (See, Shapell Industries, Inc . v. Governing Board (1991) 1 Cal.App.4th 218, 246.) Since California law provides for fees to be imposed on both residential and commercial development, it recognizes that the students generated by these types of GOV4-13 cont. GOV4-14 GOV4-15 Sophia Pagoulatos, Planning Manager City of Fresno, Development and Resource Management Department September 25, 2017 Page 10 development do not necessarily overlap. Thus, the impacts of student generation resulting from both types of development must be analyzed. III. Plan Consistency The Draft PEIR also fails adequately to consider consistency with the City of Fresno General Plan ("General Plan"). The Draft PEIR acknowledges that the General Plan contains the goal of "Appropriate School Locations," and "Park and School Park and School Site Coordination." [Draft PEIR, p. 4.13-14 (quoting Policies POSS-8-b/c).] No analysis is undertaken and no information is provided as to whether the Project will result in such efficient and equitable distribution of quality educational facilities. In fact, the development likely will be underserved by school facilities, and hence educational opportunities, as discussed earlier. Residents of the Project will therefore face inequity with other students in the District, including undersized schools, lack of play space, lack of parking, school overcrowding, and potentially disadvantageous location of facilities near railroad tracks and gas pipelines. This inconsistency and relating impact must be addressed in the Draft PEIR. Conclusion The Draft PEIR does not adequately analyze the Specific Plan's potential impacts, particularly as related to schools. The Draft PEIR must address with greater specificity the impacts on school facilities and services, student safety, and more, as addressed in this letter. The District encourages the City to work cooperatively with the District and consider alternative mitigation measures that can assist in adequately mitigating the impacts on the District's schools and the affected surrounding environment. The Draft PEIR is also deficient in the other manners discussed above. The District stands ready to meet and work with the City to address these vital issues. Very truly yours, l COMMENT LETTER # GOV5 GOV5-01 COMMENT LETTER # GOV6 GOV6-01 GOV6-02 GOV6-03 GOV6-04 GOV6-05 GOV6-06 COMMENT LETTER # GOV7 GOV7-01 Sophia, The District would like to add an additional comment pertaining to the City’s Southwest Specific Plan. On page 4.9-15, please delete sentence “When necessary, FMFCD can move water from a basin in one such drainage area to a second such basin by pumping water into a street and letting water flow in curb and gutter to a storm drain inlet in an adjoining drainage area” and the number 18 citation ”Rourke, Daniel, Environmental Resources Manager, Fresno Metropolitan Flood control District. Phone Call with Place Works, April 11, 2014.” See the included attachment. Today, this situation is a rare occurrence because the District plans and constructs basin relief pipelines in order to avoid pumping water on the streets. The District’s current generation of Storm Drain Master Plans include basin relief pipelines that intertie the adjacent drainage areas together. This is the case for basins that do not have direct access to a canal for relief. Operationally, the District calls this situation a tiered relief system. The upstream basin pumps flow thru the relief pipeline to an adjacent downstream basin. This operation repeats until the water is ultimately moved to a downstream basin that has a permanent relief such as a canal or the river. Or the storm water may be detained at a downstream basin facility for recharge purpose depending on the forecasted weather conditions or maintenance requirements. Wendell Lum Master Plan Special Projects Manager Fresno Metropolitian Flood Control District 5469 E. Olive Avenue Fresno, Ca 93727 (559) 456-3292 Wendelll@fresnofloodcontrol.org www.fresnofloodcontrol.org COMMENT LETTER # GOV8 GOV8-01 GOV8-01 cont. GOV8-02 GOV8-03 GOV8-04 GOV8-05 GOV8-05 cont. GOV8-06 GOV8-06 cont. GOV8-07 COMMENT LETTER # ORG1 ORG1-01 From: Lee Ayres [mailto:lee@treefresno.org] Sent: Sunday, August 27, 2017 4:24 PM To: Sophia Pagoulatos; Southwestcomments Subject: RE: Southwest Fresno Specific Plan & EIR - comments Good afternoon – We wish to submit the following comments on the Plan and the program EIR:  Thanks for the thorough detail on conditions and terms.  We recommend that you add language that the Specific Plan policies and plans will be applied to adjacent areas when annexed in order to foster a coordinated plan for SW Fresno.  We applaud the policies on Green Streets to promote bicycle and pedestrian use.  Given that this is a Specific Plan, it would be helpful and appropriate to emphasize specific aims that would give this community a comparative advantage when competing with subdivisions in Fresno, Kerman, Fowler and Selma. These could include: o Green Streets to provide safe routes to schools and connect every neighborhood with the jobs in near the HSR station. o A target tree canopy of 40% o Alternative Subdivision Standards to reduce street widths and increase lot sizes and landscape ratios. o A Community Landscapes Plan (recently funded by a CDBG grant) to develop tree and plant collections for each major neighborhood, new and existing.  We question the allocation of an above average amounts of land for commercial uses, given traffic and aesthetic impacts, unless you can demonstrate this would provide job within walking distance for residents.  We challenge the low allocation of land for parks; given our low ParkScore. In fact, it would be in the interest of the future attractiveness of SW Fresno to double the existing park ratio.  Rather than not recognize Hyde Park and the Regional Sports Park as neighborhood assets, it would be better to mitigate the concerns and improve these parks. This will not reduce the need to add more.  A Community Park of 20 or more acres – maintained to a high standard – needs to be called out as a priority in the Edison High‐Hinton‐Computech‐Gaston area. If a Community College Campus is located nearby, it would make sense to master plan the combined Greenspace provided by the school, park and college properties.  We recommend a ¼ mile buffer for pedestrians and bicyclists from major arterials such as North, Jensen, and California/Venture due to the noise, child safety and near‐road air pollution. Same for schools and parks.  Recommend a pedestrian/bicycle tunnel under North Avenue at Santa Clara Avenue with North treated as a Green Street west of Elm. The Cargill plant at Church and MLK needs to be put in a non‐conforming use status and phased out with the trucks re‐ routed to Central.  MLK should treated as a Green Street between Church and California due to the MLK elementary school and the proposal that this section of MLK street become a Green Street to connect SW Fresno neighborhoods with employers near the HSR station. COMMENT LETTER # ORG2 ORG2-01 ORG2-02 ORG2-03 ORG2-04 ORG2-05 ORG2-06 ORG2-07  We sense that the planning team was driving with their foot on the brake to limit the proposed investments on community assets in the neighborhood. Just as we have witnessed with the Parks Master Plan. We need to be bold and set forth what is reasonable and needed and call for measures to fund the O&M costs.  The commercial nodes proposed at Marks and 180 and at Jensen and MLK make sense. Mixed land uses in this low‐density suburban setting are not likely to be viable.  The land use plan for a retail center at the SW corner of Church and MLK in not in the community interest with the concentration of school children nearby.  New development is badly needed at Fruit and California to mitigate blight and energize this section of the BRT corridor. This may be a suitable place for a TCC multi‐family housing subsidy. Thank you for your consideration. Lee Lee Ayres Let’s transform the San Joaquin Valley with trees, greenways and beautiful landscapes . . . one school, park, business or home at a time Tree Fresno www.treefresno.org 3150 E. Barstow Avenue Fresno, California 93740 (O) 559‐221‐5556 (M) 559‐285‐3906 lee@treefresno.org ORG2-07 cont. COMMENT LETTER # ORG3 ORG3-01 ORG3-02 ORG3-03 ORG3-04 ORG3-05 ORG3-06 ORG3-06 cont. ORG3-07 ORG3-08 ORG3-08 ORG3-09 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 Sophia Pagoulatos, Planning Manager Southwestcomments@fresno.gov 2600 Fresno Street, Rm. 3065 Fresno, CA 93721 RE: Draft Southwest Specific Plan & Environmental Impact Report Dear Ms. Pagoulatos, Thank you for the opportunity to comment on the City of Fresno’s Southwest Specific Plan (“SWSP”) and Draft Environmental Impact Report (“DEIR”). Leadership Counsel for Justice and Accountability works alongside disadvantaged communities across the Central and Coachella Valleys, including in the City of Fresno, to advocate for sound policy and eliminate barriers to opportunity on the basis of wealth, race, income, and place. Throughout the development of the Southwest Specific Plan, we have worked closely with West Fresno residents to identify community priorities for the plan and ensure that the plan reflects and advances those priorities. These comments aim to assist the City in preparing a final SWSP and EIR that realize residents’ goals of achieving healthy neighborhoods. To create communities with the resources and amenities necessary for residents to thrive and meaningfully mitigate cumulative and new environmental impacts resulting from the SWSP. 1. Revisions and Additions Required to the Draft Southwest Specific Plan COMMENT LETTER # ORG4 ORG4-01 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 We commend staff for its responsiveness to resident and stakeholder requests that the City host additional Steering Committee meetings to allow further discussion of public comments received on the previous SWSP draft. The Draft SWSP includes many of the recommendations discussed and agreed upon by the Committee, nonetheless, the Draft does not accurately reflect or include all of the revisions voted on. We recommend the following changes to ensure that the Final SWSP fully includes the revisions recommended by the Committee and Southwest Fresno has an enforceable and purposeful plan. A. Include a Clear & Realistic Timeframe For Completing The Industrial Compatibility Study The Draft indicates that the City will complete a draft Industrial Land Use Compatibility Study by December 8, 2017. To our knowledge, the City has not initiated development of the draft study and therefore the stated deadline is unrealistic. The Final Draft should include a realistic timeline that will allow for development and adoption of the study with robust community input and also reflects the high priority placed by the community and Steering Committee on improving environmental health and addressing incompatible land uses in West Fresno. Based on these considerations, we recommend a completion deadline of January 2019. B. Add Detail & Cost Estimates to the Actions Identified in the Implementation Chapter In recognition of the importance of ensuring residents’ ability remain in West Fresno and enjoy the benefits of SWSP implementation as well as the extreme vulnerability of existing residents to displacement, the Steering Committee established Policy LU-4.8. As further discussed in Section 2-B below, the SWSP must specify a clear timeframe for the development and adoption of the anti-displacement strategy which includes a robust public process. The City should align the development of the anti-displacement strategy with implementation of Housing Element Program 12A, Downtown Displacement Prevention, which requires the City to convene a committee in 2018 and develop and adopt an anti-displacement strategy within six months thereafter. Like Program 12A, LU 4.8 should specify that the anti-displacement strategy will aim to prevent and mitigate any displacement of both residents and businesses in the Plan Area. C. Eliminate Additional Truck Routes That Conflict with Southwest Neighborhood Settings ORG4-01 cont. ORG4-02 ORG4-03 ORG4-04 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 The SWSP includes important policies long sought by the community to reduce the air pollution, noise, vibration, and aesthetic impacts of truck traffic that currently runs through the Plan Area. The Final Plan should include two further changes to address concerns regarding incompatible routes raised by residents: (1) elimination of the existing truck route on Elm Avenue north of Jensen, and (2) elimination of the additional route proposed in the Draft on Roeding Drive south of Whites Bridge Avenue. Neither of these routes serve any existing industrial land uses, and thus no reasonable basis for these additions exist. D. Add Detail and a Timeline to Policy PF-7.4 We support the addition of Policy PF-7.4 which calls on the City to establish a policy requiring businesses and City programs in the Plan Area to hire local residents. To ensure timely and effective implementation of the policy, the Final Plan should establish a timeline for implementation (we recommend a deadline of June 2018) and ensure SWSP Oversight Committee and public participation. E. Eminent Domain SWSP Plan Area residents have identified the use of eminent domain as a serious concern for this community, in particular, as it relates to proposals in the Plan to widen streets and support new development. Through eminent domain, the City, State, and Federal Government rezoned residential land for industrial use, wiped out thriving commercial boulevards and residential districts and replaced them with freeways, and cut West Fresno off from the rest of the City, helping to create the community’s current reality of chronic disinvestment and nationally-ranked concentrated poverty. The Plan should put safeguards in place to ensure that past is not repeated and that any use of eminent domain is supported by profusive community support, SWSP policies, and the exhaustion or lack of alternatives, especially where residential property, small or local business, or important community landmarks are involved. F. Ensure Compliance With the Housing Element & State Housing Element & No Net Loss Laws The community demonstrated a clear preference for a balanced mix of housing opportunities, including single family home options currently lacking in this community. To accommodate the community’s preference of establishing a more balanced mix of housing varieties, the land use map redesignates land currently designated for high density multi-family housing to low and medium residential density which restrict or prohibit multi-family development. Before adopting the Plan, the City must specifically identify any residential zoned sites designated for a reduction in density that are included in the City’s 2015-2023 Housing Element to meet the City’s need for ORG4-04 cont. ORG4-05 ORG4-06 ORG4-07 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 lower-income housing and make findings that adequate alternative sites exist or identify suitable alternative sites as required by Government Code Section 65863 and Housing Element Program 2. In identifying replacement sites, the City must consider the concentration of affordable housing in high poverty areas such as West Fresno pursuant to Program 2 and identify alternative sites in high opportunity neighborhoods that lack affordable housing opportunities consistent with the City’s duty to affirmatively further fair housing. G. Prioritize Zero and Near-Zero Emission Transportation Technology Transportation is the leading source of toxic and carcinogenic air pollutants in the state, emitting smog-forming ozone, black carbon, fine particulate matter, and nitrous oxides. These pollutants contribute to a host of respiratory and cardiovascular illnesses, including asthma, heart disease, and cancer, and result in thousands of early deaths annually. Southwest Fresno is specifically disadvantaged; according to the CalEnviroScreen tool, census tracts in the Plan Area rank in the 95-98th percentile for diesel, ozone and particulate matter pollution, and in the 98th percentile for both asthma and cardiovascular disease. To ensure reductions in criteria and toxic air pollutants in the Plan Area, the Final Plan should commit Southwest Fresno to a zero-emission transportation future. Specifically, a policy goal should be included within the Plan’s Transportation section that directs the city to actively pursue funds to 1) replace both public and private vehicles and fleets with zero-emission technology, and 2) promote electric vehicle charging infrastructure throughout the Plan Area. When zero-emission solutions are not feasible, the city should seek deployment of near-zero emission vehicles. Diesel fleets located or operating within the Plan Area should be prioritized for replacement. To actuate these goals, state, local and corporate funds are available. The Legislature recently appropriated $1 billion from the Greenhouse Gas Reduction Fund to state and local agencies to replace or retrofit dirty diesel engines. Fresno must actively pursue the following funds for the benefit of public health in the Plan Area: • $350M for The California Clean Truck, Bus, and Off-Road Vehicle and Equipment Technology Program, SB 1204 (Lara, 2014). These programs specifically target diesel pollution by incentivizing the purchase of zero-emissions trucks, buses, and freight equipment. The programs have been substantially over-subscribed. • $150M for light-duty equity pilots (especially EFMP Plus Up), agricultural worker vanpools, and car-sharing under SB 1275 (De Leon, 2014). These programs primarily serve disadvantaged communities, as defined by the CalEnviroScreen, promoting replacement of inefficient and ultra-polluting vehicles with hybrid or zero-emission alternatives, and promoting ridesharing. • $20M for zero emission school buses. Replacing old, dirty, diesel buses would improve health outcomes for students. Existing programs have been rapidly oversubscribed. • $300M for Clean Vehicle Rebate Project (Electric Vehicle Rebates). Public demand is likely to increase given the availability of new electric vehicle models such as the Chevy ORG4-07 cont. ORG4-08 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 Bolt and Tesla Model 3. Fresno should maximize the effectiveness of the funding by lowering the income cap and raising the electric-miles requirement for plug-in hybrids. The San Joaquin Valley Air District also has funds available to support a zero-emission future. Grant programs include 1) the School Bus Program, which provides funds to retrofit existing school buses with verified diesel emission control systems, or replace existing high-polluting buses with new, low-emission buses, and 2) the Charge Up! program, which provides funds for businesses and public agencies to purchase and install electric vehicle chargers for public use. Lastly, corporate funds could also be used to leverage state and local incentive programs. For instance, PG&E is currently implementing pilot programs to install infrastructure to support electric vehicle charging at multi-unit dwellings, workplaces, and public interest destinations. The company has also submitted a $211 million proposal to California Public Utilities Commission to build "make-ready" electric infrastructure for medium- to heavy-duty and off-road fleets. Responding to consumer demand for fast-charging stations, PG&E also proposed to complement state and privately funded fast charger deployments with new electric infrastructure. 2. The Final DEIR Must Comprehensively Assess Cumulatively Significant Impacts and Identify and Adopt All Feasible Mitigation Measures for Significant Impacts The California Environmental Quality Act (“CEQA”) requires the City consider the cumulative impacts of a Project and determine (A) whether the Project’s impact are significant and require mitigation and (B) assess and include all feasible mitigation for significant impacts identified. Several sections of the DEIR -- Air Quality, Public Services and Recreation, and Population and Housing – lack adequate analysis of cumulative impacts and fail to identify and include available mitigation measures for significant impacts. CEQA prohibits agencies from approving projects with significant environmental impacts if feasible mitigation measures or alternatives exist that would lessen or avoid such impacts. Pub. Res. Code § 21002. The Final DEIR must include a comprehensive assessment of all cumulative impacts of the Project and identify and adopt all feasible mitigation measures for significant impacts identified. Pub. Res. Code § 21081.6(b); C.C.R. § 15126.4(a)(2); See Napa Citizens for Honest Gov’t v. Napa County Bd. Of Sup. (2001) 91 Cal.App.4th 342, 358. A. The Final DEIR Must Identify & Address the Cumulative Impacts of Mobile & Stationary Pollution Sources According to CalEnviroScreen (“CES”) 3.0, every census tract in the SWSP Area is among the top 5% most pollution burdened communities in the State of California. The census tracts in the Plan Area rank as high as the 98th percentile for asthma and cardiovascular disease and 97th for ORG4-08 cont. ORG4-09 ORG4-10 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 particulate matter 2.5 (PM 2.5). Numerous studies have directly linked PM 2.5 emissions to an increase in asthma attacks and heart attacks. The Air Quality assessment provided in the DEIR identifies existing policies in the General Plan as mitigation measures. Several of these policies, such as Objective UF-12 and Policy UF-12-a, Policy LU-3-c, and Policy LU-5-f, lack the specifity required to constitute adequate and enforceable mitigation measures. Additionally, Policy LU-2-b, which states that the City will “consider a priority infill incentive program” to promote affordable housing development, could be strengthened and thereby serve as an adequate mitigation measure by including a specific timeline for the development and adoption of the program and inclusion of proven measures to preserve affordability in the area, thus reducing potential displacement. The incorporation of clear policies to prevent displacement of vulnerable low-income residents from the Plan Area is essential to mitigate potential significant impacts from increased vehicle miles travelled generated by these residents due to forced relocation to areas not served by transit and farther from jobs, education, and other resources and amenities necessary for everyday life. The assessment AQ-1 finds that the proposed Plan would increase long-term criteria air pollutants and cumulatively contribute to the nonattainment designations set up by the local air district is significant and unavoidable. Despite the extremely high levels of pollution in West Fresno and the City’s obligation to consider all feasible mitigation measures, the DEIR fails to take into account various mitigation measures that would serve to reduce the impacts of long-term criteria air pollutants and nonattainment designations. Accordingly, we recommend the inclusion of the following policies in the Final DEIR: a. Identify high emission corridors, stationary sites, and truck traffic routes, and create physical barriers such as with walls lined with trees or other shrubbery, or trees and shrubbery. Studies have shown that walls lined with trees are the most effective way to reduce emissions from impacting an area. b. Complete the Industrial Compatibility Assessment by January 2019. This study will assess the compatibility of existing sites and zoned land with surrounding neighborhoods considering their air quality, noise, odor, aesthetic, and other impacts. Sites found incompatible will follow recommended steps to mitigate pollution and other significant impacts in the surrounding area, including through amortization and/or greening. Additional funding sources should also be sought out as the current $150,000 in the City’s budget for FY 2017-2018 is not enough. The TCC Planning Grant is one example the City of Fresno can seek out. c. To reduce VMT-related emissions from commute trips in and out of the Plan Area, develop and implement a policy, with community input, requiring new employment sources within the community to hire workers from within the Plan Area. ORG4-10 cont. ORG4-11 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 d. To reduce VMT-related emissions, work with Plan Area residents and stakeholders to identify measures to increase public and group transit options, including through improving efficiency and reliability of FAX services, implementing Bus Rapid Transit on California Street and Elm Avenue, identifying ride sharing opportunities, and more. e. Enforce laws and regulations prohibiting vehicle idling. f. Actively seek and apply for all available funding to provide electric vehicle infrastructure in the Plan Area. g. Actively seek and apply for all available funding to replace both public and private light, medium, and heavy-duty diesel equipment with zero or near-zero emission technology. Funding sources examples are provided above for the City to begin its search. B. Prevent Project-Related Physical and Economic Displacement of Residents and Businesses The CES 3.0 ranks the SWSP Plan Area poverty levels as high as the 99th percentile in the State. A majority of the residents in this community live below the federal poverty line, which for a family of four is $24,600. The City of Fresno in general also experiences high levels of housing cost burden, with the greatest burdens impacting lower-income residents, such as those in West Fresno. Housing cost burden rates make lower residents extremely vulnerable to displacement due to minor increases in housing costs. The DEIR discussion in Population and Housing solely addresses physical displacement through the removal of existing housing units. The DEIR includes no analysis or proposed mitigation for economic displacement of low-income residents and no analysis or proposed mitigation for displacement of small, local and/or minority-owned businesses due to rising property values and rent prices as a result of the implementation of the proposed plan. The Plan proposes to direct significant public and private investment into the community. The Plan identifies a new community college facility site which will employ hundreds of people and attract thousands more to the area; proposes significant new park space; identifies Bus Rapid Transit routes and other improvements; and provides for the remediation of basic infrastructure and service deficiencies. These improvements, coupled with other factors such as the High Speed Rail, the potential investment of up to $70 million in the Plan Area through the Transformative Climate Communities Program, and population growth in the Central Valley, will undoubtedly lead to increase land prices, property values, rent prices, and cost of living. Ultimately, threatening economic displacement of residents and businesses and significant environmental impacts due to their relocation. Absent clear and enforceable mitigation, displacement, caused by both physical and economic forces resulting from SWSP implementation, will ORG4-11 cont. ORG4-12 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 result in significant environmental impacts due to the need for new construction and increased VMT of displaced residents. Residents forced to move from areas served by transit will have to rely on personal vehicles consequentially having a significant impact on VMTs, traffic, greenhouse gas emissions, and air quality. Cal. Pub. Res. Code § 21083(b)(3) (the Guidelines “shall require a finding that project may have a ‘significant effect on the environment’ if…[t]he environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.”). The Final DEIR must analyze and include all feasible mitigation measures to prevent displacement of residents and businesses. C.C.R. § 15064(e). Anti-displacement measures are essential to reduce impacts associated with increased housing costs pushing residents further away from amenities and public transit. Feasible mitigation measures and policies we recommend include: a. Adoption of a rent stabilization ordinance preventing rent increases of more than 15% over a three-year period. b. Adopt inclusionary zoning requirements wherein new residential construction must include at least 25% of units affordable to extremely-low, very-low and low income residents or developers must pay an in lieu fee. c. Adopt a just cause eviction ordinance. d. Require City-owned land, when sold, include units affordable to lower-income residents, wherever residential construction occurs on those sites. e. Create an Anti-Displacement Advisory Committee in 2018 which will develop anti-displacement strategy for adoption by City Council within six months thereafter. I. Provide Adequate Park Space for Expected Population Growth As noted in the SWSP DEIR, West Fresno has 19 acres of existing park space total -- well below Fresno City’s goal of 3 acres per 1,000 residents of park space. The proposed plan zones for an additional 70 acres of park space creating a combined total of 89 acres. The DEIR, however, finds a total of 91 acres of existing and new parkland will be designated. The City should include at least an additional two acres of park space in the Final DEIR to ensure that sufficient park space can be provided to meet the City’s park space goals. The City can and must also utilize the current Parks Master Planning Process to identify and expand park space opportunities in West Fresno. Furthermore, the draft report results a deficiency of 32 acres (adjusting for the missing 2 acres noted above) for the expected population growth under the Dual Designation Scenario. Mitigation Measure PS-7 states the City will monitor population growth in the Plan Area compared to parklands every 5 years. If the ratio of 3 acres per 1,000 residents is not met the City will explore additional ways to increase park space. Given the City’s existing park space conditions in South Fresno where residents south of Shaw Avenue have an average of 1.75 acres ORG4-12 cont. ORG4-13 A Tides Center Project 764 P Street, Suite 012, Fresno, California 93721 Telephone: (559) 369-2790 of park space per 1,000 residents. And given that the City has not updated its Parks Master Plan since 1989, a plan that was supposed to be updated every five years, we cannot expect to comply with its Mitigation Measure PS-7. * * * * * Thank you for your considerations of our comments. Our goal is simple and assuredly shared with the City of Fresno to ultimately provide Southwest Fresno with a revolutionary plan to transform the community for years to come. We look forward to continue collaborating with the City of Fresno to address the issues identified in this letter. Please contact Grecia Elenes at (559) 369-2790 to set up a time to meet to discuss these comments in person. Sincerely, /s/ Andy Levine Faith in Fresno Genevieve Gale Central Valley Air Quality Coalition Grecia Elenes Leadership Counsel for Justice and Accountability Kevin Hamilton Central California Asthma Collaborative ORG4-13 cont. From: Gwen Leffall [mailto:gjleffall@gmail.com] Sent: Monday, September 18, 2017 5:55 PM To: Southwestcomments Subject: Comments On The SWFSP and DPEIR Please accept the following comments I offer for consideration to the Southwest Fresno Specific Plan and the Draft Program EIR: 1. Plan MODERATE/MIDDLE income levels of housing IN LIEU of low/affordable income levels of housing types. 2. Raise the bar of income housing levels types to attract RETAIL, to be established in this DPEIR SFSP. 3. Build a Fresno City Community College Annex in this DPEIR SFSP. 4. Provide regular service to keep our streets, roads, highways, sidewalks free of potholes, cracked pavement, and cracked concrete for the subject planned area, and the IMMEDIATE SURROUNDING AREAS to include south of Jensen, and Jensen, east and west. 5. Regular attention to tree trimming and landscape cleanup for the subject planned area, and, the immediate surrounding areas, to include south of Jensen, and Jensen, east and west. Respectfully and Sincerely submitted, Gwendolyn J. Leffall 2677 S. Lee Av Fresno, CA, 93706 COMMENT LETTER # PUB1 PUB1-01 September 19, 2017 VIA ELECTRONIC TRANSMISSION Sophia Pagoulato City of Fresno: DARM 2600 Fresno St. Fresno, CA 93721 Re: The Draft Program Environmental Impact Report (DPEI R) Dear Sophia Pagoulato: Thank you for the opportunity to provide comments on the City of Fresno’s West Fresno Specific Plan. I appreciate the collaborative process your office has facilitated with community stakeholders. The City of Fresno presents an incredible opportunity to do something truly transformative in the City of Fresno through its South West Fresno Specific Plan and I am committed to ensuring we have a plan that meets the communities environmental, economic, and equity goals. I commend the City of Fresno staff for developing a comprehensive plan and I recognize that additional revisions may be needed. I am broadly supportive of the plan as stakeholder and member of the committee. I would also appreciate your allowing flexibility in the requirements to the South West Fresno Specific Plan that would be in alignment with better serving the community. I do request you consider a few outstanding issues and questions in relation to the Biological Resource Section of the South West Fresno Specific Plan: DPEIR The Recovery Plan has defined 6 key elements. 1. What are the elements that pertain to the SW Specific Plan? 2. Although DEIR states SJKF not within a 5 miles radius. What is the nearest radius for SJKF? The SJKF protection range per USFWS is a 10 mile radius. “The purpose of the Endangered Species Act of 1973, as amended, are to provide a means whereby the ecosystem upon which endangered species and threatened species depends may be conserved…and to provide a program for the conservation of such endangered and threatened species.” (The Endangered Species Act of 1973, as amended) The language contained in the Endangered Species Act of 1973, as amended (Act), requires the U.S. Fish and Wildlife Service (Service) to not only protect individual animals, but has the COMMENT LETTER # PUB2 PUB2-01 PUB2-02 PUB2-03 further obligation of providing listed species with functioning ecosystems so protections provided by the Act are no longer necessary. For the Services to achieve this goal and to allow the project applicants to proceed with their project in a timely manner, the Service has developed the U.S. Fish and Wildlife Service San Joaquin Kit Fox Survey Protocol for the Northern Range where foothill grassland, oak savannah, and agricultural lands are the primary kit fox habitats. To avoid unnecessary expenditures and delays for projects located within the northern range of the San Joaquin kit fox, the project applicant, along with a qualified biologist, must conduct an early evaluation with the Service. SWHA 1. Has a survey been conducted to identify potential suitable nesting locations for SWHA within the project site? If so, it has not been clearly stated in the biological report. 2. What's the proposed plan for trees onsite where SHWA may occur and utilize? 3. The Mitigation Measure is too vague, BIO-1.2 4. The first SHWA survey period from January 1 to March 20 could provide information on where suitable and potential nesting locations may occur and should not be dismissed nor considered optional. SJKF Mitigation Measures too vague. 1. Why is a take authorization/permit being considered but no mention of mitigation bank or conservation habitat? 2. If disruption of any habitat utilized by the SJKF should occur has a mitigation bank or habitat conservation area been identified to offset the SJKF loss? 3. Before implementing Project and any ITP activity, the applicant should be required to develop and submit a construction monitoring plan to the City planning department for review and approval. The construction monitoring plan should consist of the following: • Results of planning and preconstruction surveys. • Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures. • Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored. PUB2-05 PUB2-06 PUB2-07 PUB2-08 PUB2-09 PUB2-10 PUB2-11 PUB2-04 PUB2-03 cont. • Description of the onsite authority of the construction monitor to modify implementation of the activity. Again thank you for your efforts to develop this plan and for providing an inclusive public process. As mentioned previously, the alignment between the City of Fresno and the “Community” reinforces a collective vision. I forward to working with you on further development and implementation of this document. Thank you for the opportunity to provide comments on this process, I look forward to your response. In Community, Eric Payne South West Fresno Specific Plan Committee Member PUB2-11 cont. From: Tate Hill [mailto:tatehill2@gmail.com] Sent: Thursday, September 21, 2017 12:30 PM To: Sophia Pagoulatos Cc: Southwestcomments Subject: Re: Southwest Fresno Specific Plan EIR Notice of Availability-- Comments Good morning Sophia: I'm beginning to go through the EIR, there are a numbers of the Impact classifications with S/SU designation with no mitigation measures. There a few that just couldn't be accurate with the elements of new development. For example: Population‐1 that states will be no population impacts due to the proposed plan. With the proposed housing, there would be a Significant population increase in that neighborhood. With the addition of the proposed 5923 housing units, there would be significant increase to the population with an estimated 50% increase (24,000) to the current population base. As it relates to AQ2, AQ4, GHG 1, GHG3, the mitigation measures only apply towards the development of planned uses not the full implementation of the plan which extends beyond the actual construction itself. There is been no mitigation measure to address the impacts of air quality and GHGs from the establishment of new development (housing or commercial) in the plan. In Noise‐1, its listed as LTS and SU with no mitigation measure. The response in HAZ‐9 contradicts with the EnvironScreen 3 that shows that West Fresno neighborhoods are the most impacted by hazardous, toxic and air contaminating effects. The proposed plan's new uses may not increase hazardous impact but there are significant cumulative impacts due to hazardous materials in the plan area because of past projects. How did the EIR address the impact of population densification and increasing proximity of populations to current hazardous sights? There is the introduction of PS which I assume is 'potentially significant' but it's not included in the key. Tate Hill Sent from my iPhone COMMENT LETTER # PUB3 PUB3-01 PUB3-02 PUB3-03 PUB3-04 PUB3-05 PUB3-06 From: Lillie [mailto:mslillie@pacbell.net] Sent: Monday, September 25, 2017 2:07 PM To: Southwestcomments Subject: Southwest Fresno specific plan I would like to see a college and a walmart in southwest fresno. Sent from my iPhone COMMENT LETTER # PUB4 PUB4-01 COMMENT LETTER # PUB5 PUB5-01 PUB5-02 PUB5-03 COMMENT LETTER # PUB6 PUB6-01 PUB6-02 PUB6-03 PUB6-04 PUB6-05 PUB6-06 PUB6-07 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 510.848.3815 www.placeworks.com 1 EXHIBIT 2 TO RESOLUTION NO. ____ CERTIFYING THE SOUTHWEST FRESNO SPECIFIC PLAN EIR FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS SECTION 1 PURPOSE OF THE FINDINGS The purpose of these findings is to satisfy the requirement of Public Resources Code Section 21000,et seq., and Sections 15091, 15092, 15093 and 15097 of the California Environmental Quality Act (CEQA) Guidelines, 14 Cal. Code Regs. Sections 15000, et seq., associated with approval of the Southwest Fresno Specific Plan (Plan). These findings provide the written analysis and conclusions of the City Council regarding the Southwest Fresno Specific Plan and Environmental Impact Report (EIR), collectively referred to as the “Project.” CEQA provides that “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[.]” (Public Resources Code Section 21002 [emphasis added].) The procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.” (Public Resources Code Section 21002.) CEQA’s mandates and principles are implemented, in part, through the requirement that agencies adopt findings before approving projects for which EIRs are required. For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three conclusions: (1)“[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR,” (2) “[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding [and] [s]uch changes have been adopted by such other agency or can and should be adopted by such other agency,” or (3) “[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.” (Public Resources Code Section 21081; CEQA Guidelines, 14 California Code of Regulations Section 15091.) 2 CEQA defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, legal, environmental, social and technological factors.” (Public Resources Code Section 21061.1; CEQA Guidelines, 14 California Code of Regulations Section 15364.) Because the South West Fresno Specific Plan Final PEIR identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and the CEQA Guidelines, the City of Fresno hereby adopts these Findings of Fact. For each of the significant effects that have been mitigated to a less than significant level through project revisions or mitigation measures, as set forth in greater detail in these Findings below, the City of Fresno makes the finding under Public Resources Code Section Public Resources Code Section 21081(a)(1). For each of the significant effects that will remain significant and unavoidable, even after the application of mitigation measures (or if there are no feasible mitigation measures), as set forth in greater detail in these Findings below, the City of Fresno makes the finding under Public Resources Code Section Public Resources Code Section 21081(a)(2) and/or 21081(a)(3). Section 15091 of the State CEQA Guidelines does not require specific findings to address environmental effects that an EIR identifies as having “no impact” or a “less than significant” impact. Therefore, these effects are not addressed in these Findings. SECTION 2 PROJECT OBJECTIVES Pursuant to CEQA Guidelines Section 15124, an EIR must identify the objectives sought by the proposed project. As shown in Section 3.2.3, Objectives of the Proposed Plan, of Chapter 3, Project Description, of the Draft EIR, the stated objectives of the proposed Plan are to: • Create a healthy community that offers a positive physical, social, natural and economic environment to support the health and wellbeing of all its members. • Attract high quality new development while protecting existing neighborhoods. • Provide a mix of high quality housing types, with an emphasis on single-family housing that is compatible with community character and located close to amenities such as parks, schools, transit, services, shopping and employment. • Attract needed retail, such as department stores, restaurants, and grocery stores, in order to serve resident needs with fewer, shorter vehicle trips. • Provide quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (1/2 mile radius) of all residences. • Increase economic and educational opportunity through programs, services and facilities to prepare, mentor and train Southwest Fresno residents to access high quality employment opportunities. • Enhance transportation connectivity both within Southwest Fresno and between Southwest Fresno and other Fresno neighborhoods in order to provide more access to economic, social, and educational opportunities. • Improve the quality of life in Southwest Fresno through high quality investment, compatible land uses, increased park and recreational opportunities and a multi-modal and connected transportation system. 3 SECTION 3 PROJECT DESCRIPTION The City of Fresno proposes the Southwest Fresno Specific Plan for the 3,255-acre area located southwest of the Downtown Planning Area. The proposed Plan envisions the interplay of “Complete Neighborhoods,” “Corridors,” and “Magnet Cores” to create a vibrant and desirable community for both existing and new residents. The proposed Plan sets aside the majority of vacant land for single-family residential uses and locates higher density residential uses at neighborhood nodes, near magnet uses, and along corridors. This will allow walkable access for greater numbers of residents to shopping, schools, parks, and transit. Additionally, the proposed Plan envisions that the most optimal locations for large-scale, regional- serving retail are those that have good proximity, visibility, and access from the greatest number of people, while having enough distance away from other similar types of retail to avoid competition. In the proposed Plan, regional retail is shown in two locations: with access from Highway 180 at Marks and Whites Bridge avenues and from Highway 41 near Jensen Avenue and MLK Jr. Boulevard. These locations would allow new retail businesses to draw customers from areas beyond Southwest Fresno. On the other hand, smaller scale community commercial, including neighborhood retail shops, would be closer to the residential areas at many of the neighborhood nodes, adjacent to magnet uses, and near mixed use. Furthermore, larger scale employment uses such as offices, a college, and medical facilities are concentrated along higher-intensity corridors and within magnet cores, while opportunities for smaller scale offices are allowed along a less intensive corridor. While more jobs in Southwest Fresno are desirable, the types of businesses that provide them must be healthy, safe, and good neighbors to nearby residents. To avoid potential conflicts between residents and employment uses, new employment areas and all previously “Light Industrial,” “Heavy Industrial,” “Business Park,” or “Regional Business Park” areas would be planned and zoned “Office”. Table 3-1 in Chapter 3, Project Description, of the Draft EIR, contains the development capacity of the land uses proposed in the Plan Area over the proposed Plan’s 25-year timeframe compared to the Fresno General Plan, as well as a discussion of findings from the development capacity analysis. It should be noted that, like the Fresno General Plan, the development capacities are for new development and only take into account the development of parcels that have higher opportunities for development, such as parcels that are vacant, open agriculture, or rural residential (partially vacant). The development capacities for the Fresno General Plan are also shown in the table for comparison against the proposed Plan’s development capacities. SECTION 4 RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: 4 • The Notice of Preparation (NOP) and all other public notices issued by the City of Fresno in conjunction with the proposed project. • The Draft PEIR and the technical appendices for the proposed project. • All written comments submitted by agencies or members of the public during the public review comment period on the Draft Master EIR. • All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR. • The Final Programmatic Environmental Impact Report (Final PEIR) for the proposed project, which consists of the Draft PEIR, the technical appendices, and the Response to Comments. • All written and verbal public testimony presented during a noticed public hearing for the proposed project at which such testimony was taken. • The Mitigation Monitoring and Reporting Program (MMRP). • The documents, reports, and data included or referenced in the technical appendices of the PEIR. • All documents, studies, EIRs, or other materials incorporated by reference in the Draft PEIR and Response to Comments. • The City of Fresno Staff Reports • The Resolution adopted by the City of Fresno in connection with the proposed project, and all documents incorporated by reference therein. • Any documents expressly cited in these Findings or in the resolution adopting these Findings. • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) (excluding privileged materials). SECTION 5 CUSTODIAN OF RECORDS The documents and other materials that constitute the administrative record for the City of Fresno’s actions related to the project are located at the City of Fresno City Clerk Office at 2600 Fresno Street, Fresno, CA 93721. Copies of these documents, which constitute the record of proceedings, are, and at all relevant times, have been and will be available upon request at the City of Fresno City Clerk Office. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guideline Section 15091(e). SECTION 6 THE CEQA PROCESS Pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (14 Cal Code of Regulations 15000 et seq.), a Draft EIR and Final EIR (State 5 Clearinghouse #2017031012) has been prepared for the proposed Plan. The EIR for the proposed Plan consists of the following: • Draft EIR, dated August 2017 (issued August 9, 2017); • All appendices to the Draft EIR; • Final EIR, dated October 2017 (issued October 13, 2017), containing all written comments and responses on the Draft EIR, refinements and clarifications to the Draft EIR, the mitigation monitoring and reporting program (MMRP), and technical appendices; and • All of the comments and staff responses entered into the record orally and in writing, as well as accompanying technical memoranda or evidence entered into the record. In conformance with CEQA, the City has taken the following actions in relation to the EIR: • On February 28, 2017, a Notice of Preparation (NOP) was distributed to appropriate agencies and parties for the purpose of obtaining written comments from the agencies and parties regarding the scope and content of environmental information and analysis which they wanted addressed in the EIR; • On March 1, 2017, the City held a scoping meeting with interested parties for the purpose of receiving comments on the scope of the EIR; • A Draft EIR was prepared for the proposed Plan and was circulated for public review and comment from August 9, 2017 to September 25, 2017. The Draft EIR was submitted to the State Clearinghouse (SCH) for review on August 9, 2017 (SCH #2017031012); • A Notice of Availability (NOA) was provided to appropriate agencies via a Notice of Completion (NOC) sent to the SCH, as well as to the general public via mailed notice to all interested parties. • A notice was published in the Fresno Bee on August 8, 2017 indicating the Draft EIR’s availability for review on the City’s website and at Fresno City Hall Development and Resource Management permit counter, West Fresno and Central branches of the Fresno County Library, and o Mary Ella Brown Community Center, 1350 E. Annadale Avenue, Fresno, CA 93706 o Hinton Community Center, 2385 Fairview Avenue, Fresno, CA 93706 o West Fresno Family Resource Center, 1801 E. California Avenue, Fresno, CA 93706 • On September 25, 2017, all comments received on the Draft EIR during the public comment period were responded t o and included in the Final EIR, made available for public review on October 13, 2017; • On October 18, 2017, the City of Fresno Planning Commission conducted a duly and properly noticed public hearing on the proposed Plan and the EIR, and recommended that the City Council certify the EIR and adopt the proposed Plan; and • The proposed Plan and PEIR came before the City Council on October 26, 2017, at a duly and properly noticed public hearing. On this date, the City Council adopted the following findings, Mitigation Monitoring and Reporting Program (MMRP), and Statement of Overriding Considerations. 6 SECTION 7 SUBSTANTIAL EVIDENCE SUPPORTING FINDINGS The City of Fresno City Council certifies that the EIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the City Council prior to acting on the Plan. In so certifying, the City Council recognizes that there may be differences in and among the different sources of information and opinions offered in the documents and testimony that make up the EIR and the administrative record; that experts disagree; and that the City Council must base its decision and these findings on substantial evidence in the record that it finds most compelling. Therefore, by these findings, the City Council has relied upon the expertise of a variety of independent technical and professional consultants to the City, and the expertise of City Staff. The City Council has also carefully considered the evidence submitted by other interested agencies and individuals. To the extent that evidence consists of expert opinions that differ from the opinions of the City’s outside consultants or Staff, at most it represents a disagreement of experts, which is adequately reviewed in the EIR. Based on its review, the City Council has determined that the opinions of outside consultants and Staff are valid and are hereby accepted. To the extent that alternatives or mitigation measures were proposed by other agencies or interested persons that differ from the mitigation adopted herein, the City Council specifically rejects these proposals based on the substantial evidence in the record supporting the mitigation adopted as sufficient and necessary to mitigate impacts to a less-than-significant level or to the level that the impacts can feasibly be mitigated. SECTION 8 IMPACTS, MITIGATION MEASURES, AND FINDINGS In conformance with Section 15091 of the State CEQA Guidelines, this section of the findings lists each significant environmental effect of the project listed in the EIR; describes those mitigation measures recommended in the EIR; and, as required by Section 15091(a), finds that either the adopted mitigation measures have substantially lessened the significant effect or that specific considerations make infeasible the mitigation measures identified in the EIR. All feasible mitigation measures listed below have been incorporated into the MMRP. Implementation of the proposed Plan would be required to comply with the MMRP, as applicable. It is important to note that some of the mitigation measures for the proposed Plan rely upon or require implementation or compliance with the mitigation measures adopted as part of the City of Fresno General Plan Update (adopted December 18, 2014) and Master Environmental Impact Report (MEIR)[Certified on December 18, 2014; SCH #2012111015]. (a) Impacts Mitigated to a Less Than Significant Level Biological Resources Impact BIO-1.1: Potential development resulting from the proposed Plan could result in the loss of rare plant species. Mitigation Measure BIO-1.1: Implementation of City of Fresno General Plan MEIR Mitigation Measures BIO-1.1a through BIO-1.1c, as follows: 7 • MEIR BIO-1.1a: Construction of a proposed project should avoid, where possible, vegetation communities that provide suitable habitat for a special-status species known to occur within the Plan Area. If construction within potentially suitable habitat must occur, a qualified botanist should conduct botanical surveys to confirm the presence/absence of any special-status plant or wildlife species, to determine if the habitat supports any special-status species. The surveys should be completed using the reporting and data collection guidelines outlined in the Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities and a report of findings should be submitted to the City and the Department of Fish and Wildlife (CDFW) before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation. If a special-status species is determined to occupy any portion of a project site, then any occurrence should be avoided whenever possible by delineating and observing a disturbance-free buffer zone of a minimum of 50 feet from the outer-edge of the special-status plant populations(s) or specific habitat type(s) required by special status plant species. If the buffer zone(s) cannot be maintained, appropriate minimization measures and mitigation measures should be prepared in consultation with CDFW on a case-by-case basis. • MEIR BIO-1.1b: Direct or incidental take of any State- or federally-listed species should be avoided to the greatest extent feasible. If construction of a proposed project will result in the direct or incidental take of a listed species, consultation with the resources agencies and/or additional permitting may be required. Agency consultation through the CDFW 2081 and USFWS Section 7 or Section 10 permitting processes must take place prior to any action that may result in the direct or incidental take of a listed species. Specific mitigation measures for direct or incidental impacts to a listed species will be determined on a case-by-case basis through agency consultation. • MEIR BIO-1.1c: Development within the Plan Area should avoid, where possible, special- status natural communities and vegetation communities that provide suitable habitat for special-status species. If a proposed project will result in the loss of a special-status natural community or suitable habitat for special-status species, compensatory habitat- based mitigation is required under CEQA and CESA. Mitigation will consist of preserving on-site habitat, restoring similar habitat, or purchasing off-site credits from an approved mitigation bank. Compensatory mitigation will be determined through consultation with the City and/or resource agencies. An appropriate mitigation strategy and ratio will be agreed upon by the developer and lead agency to reduce project impacts to special- status natural communities to a less than significant level. Agreed-upon mitigation ratios will depend on the quality of the habitat and presence/absence of a special-status species. The specific mitigation for project level impacts will be determined on a case- by-case basis. Finding: Implementation of Mitigation Measure BIO-1.1 will reduce impacts related to the loss of rare plant species to a less-than-significant level. Pursuant to CEQA Guidelines Section 8 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.2: Implementation of the proposed Plan could result in mortality of Swainson’s hawks. Mitigation Measure BIO-1.2: Conduct a Preconstruction Survey for Swainson’s Hawk Nests and Implement Avoidance Measures. A qualified biologist knowledgeable of the species should conduct a Swainson’s hawk survey of the project site and the surrounding 0.5-mile-radius area, in substantial compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley (Swainson’s Hawk Technical Advisory Committee 2000) during the normal bird breeding season (February 1 through September 15) prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation, to the extent feasible. Additional preconstruction Swainson’s hawk surveys should take place no more than 10 days prior to the start of ground-disturbing activities. If an active Swainson’s hawk nest is detected on the project site, a minimum disturbance-free buffer zone of 0.5-mile should be delineated and maintained until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest for parental care for survival. If the 0.5-mile disturbance-free buffer zone is not feasible, CDFW will be consulted and acquisition of an Incidental Take Permit (ITP) for Swainson’s hawk may be necessary prior to project initiation to comply with CESA. If nesting trees are identified on the project site, removal of nesting trees for Swainson’s hawk should be avoided. If avoidance is infeasible, nesting trees should be replaced with an appropriate native tree species, planted at a ratio of 3:1, in an area that will be protected in perpetuity. To mitigate for the loss of Swainson’s hawk foraging habitat, the project applicant should provide Habitat Management (HM) lands to the California Department of Fish and Wildlife (CDFW) based on the following ratios, if feasible: • If the project(s) is located within 1 mile of an active nest tree, the applicant should provide a minimum of 1 acre of HM lands for each 1 acre of urban development authorized. • If the project(s) is located within 5 miles of an active nest tree but greater than 1 mile from the nest tree, the applicant should provide a minimum of 0.75 acres of HM lands for each 1 acre of urban development authorized. • If the project(s) is located within 10 miles of an active nest tree but greater than 5 miles from the nest tree, the applicant should provide a minimum of 0.5 acres of HM lands for each 1 acre of urban development authorized. The project applicant should provide for the long-term management of the HM lands by funding a management endowment, the interest of which should be used for managing the HM lands. The rate per HM acre should be established through consultation with CDFW. In addition to fee title acquisition of grassland habitat, mitigation could occur by the purchase of conservation or suitable agricultural easements. Suitable agricultural easements would include areas limited to production of crops such as alfalfa, dry land, and irrigated pasture, and cereal grain crops. 9 Vineyards, orchards, cotton fields, and other dense vegetation do not provide adequate foraging habitat. Finding: Implementation of Mitigation Measure BIO-1.2 will reduce impacts to the Swainson’s hawks to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.3: Implementation of the proposed Plan could result in mortality of San Joaquin kit fox. Mitigation Measure BIO-1.3: Implement Standard Measures for Protection of San Joaquin Kit Fox. No less than 14 days and no more than 30 days prior to commencement of construction activities the project proponent should retain a USFWS- and CDFW-approved biologist to conduct pre-construction surveys in potential habitat periphery of the Plan Area that has not been fragmented by agricultural-residential or urban development. The survey, reporting, and activities during construction should be in substantial compliance with the requirements contained in the U.S. Fish and Wildlife Service Standardized Recommendations for Protection of the San Joaquin Kit Fox Prior to or During Ground Disturbance. As described in the standardized recommendations, if a natal/pupping den is discovered within the Plan Area or within 200-feet of the project boundary, the USFWS and CDFW should be immediately notified and under no circumstances should the den be disturbed or destroyed without prior authorization. If the preconstruction/preactivity survey reveals an active natal pupping or new information, the project applicant should contact the USFWS immediately to obtain the necessary take authorization/permit. Finding: Implementation of Mitigation Measure BIO-1.3 will reduce impacts to the San Joaquin kit fox to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.4: Implementation of the proposed Plan could result in impacts to roosting habitat or maternity colonies of special-status bats. Mitigation Measure BIO-1.4: Conduct Preconstruction Surveys for Special-status Bats and Implement Avoidance Measures. Any medium or larger (≥ 12-inch diameter) trees or snags selected for removal should be inspected by a qualified biologist for presence of potential day- roosting habitat (e.g., cavities exfoliating bark, or basal hollows) for special-status bats or a maternity colony. If feasible, cavities should be examined for roosting bats using a portable camera probe or similar technology. No more than two weeks before the onset of any initial ground-disturbing activity or construction associated with each phase of project implementation, a qualified bat biologist should conduct preconstruction surveys of all buildings with potential for roosting habitat for supporting special-status bats or a maternity colony should be inspected by a qualified biologist 10 for evidence of roosting colonies. If suitable roosting habitat is present and/or bat sign is observed, but no bats are detected, an evening exit count and acoustic survey using a full spectrum acoustic detector should be conducted by a qualified bat biologist to determine if bats are present and what species are present. If present, roosts (including day roosts, winter hibernacula, and maternity colonies) and a 100- to 300-foot disturbance-free buffer surrounding each roost should be flagged and avoided, as determined by a qualified bat biologist. The 100- to 300-foot disturbance-free buffer should be maintained until the qualified bat biologist can determine that bats no longer use the roost. If avoidance is not possible, a qualified bat biologist should develop a Bat Eviction Plan in consultation with CDFW for written approval prior to implementation. The Bat Eviction Plan should include exclusion methods, roost removal procedures, and monitoring efforts to ensure that all bats have exited the roost prior to all ground-disturbing activities and are unable to re- enter the roost. In addition, replacement habitat appropriate for the species’ roost requirements should be created prior to the roost removal. The qualified bat biologist, in consultation with CDFW should facilitate the removal of roosting bats outside of the winter hibernation (November 1 to February 28th) and maternity roosting (15 March to 31 August) periods through the following means: • Implementing eviction during a period of warm (nighttime low >50°F), dry weather, when bats are expected to be active. • Opening the roosting area to allow airflow through the cavity or building (air flow disturbance). • Waiting a minimum of three nights of warm weather, as defined above, for roosting bats to respond to air flow disturbance, thereby allowing bats to leave during nighttime hours when predation risk is relatively low and chances of finding a new roost is greater than in the daytime. • Conducting a follow-up survey prior to roost removal to ensure that bats have vacated the roost. • Disturbing roosts at dusk just prior to roost removal the same evening to allow bats to escape during nighttime hours. Finding: Implementation of Mitigation Measure BIO-1.4 will reduce impacts to the roosting bat to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.5: Potential development resulting from the proposed Plan could result in disruption of denning badgers and mortality of badgers. Mitigation Measure BIO-1.5: Conduct Focused American Badger Surveys and Avoid or Minimize Impacts to American Badger Dens. No more than 30 days before the start of construction activities, a qualified biologist should conduct pre-construction surveys for American badgers 11 within suitable habitat. If a potentially active den is found in a construction area, the den openings may be monitored with tracking medium or an infrared-beam camera for three consecutive nights to determine current use. Potential (inactive) dens within the limits of disturbance should be blocked with a one-way door or excavated to prevent use during construction. Blocking with one-way doors is preferable to excavation where feasible; potential dens blocked with doors will be made available to badgers after construction. If American badgers or active dens are detected during these surveys, the following should be implemented: • If present, occupied badger dens should be flagged, and ground-disturbing activities avoided, within 50 feet of the occupied den during the nonbreeding season (1 July through 14 February). Flagging that is highly visible by construction crews should encircle the occupied den at the appropriate buffer distance, and should not prevent access to the den by badgers. Dens determined to be occupied during the breeding season (15 February through 30 June) should be flagged, and ground-disturbing activities avoided, within 200 feet to protect adults and nursing young. Buffers may be modified by the qualified biologist, provided the badgers are protected, and should not be removed until the qualified biologist has determined that the den is no longer in use. • If avoidance of an active non-maternity den is not feasible, the qualified biologist should consult with CDFW to determine whether the badger(s) may be evicted. Relocation methods may be implemented by first incrementally blocking the den over a three-day period, followed by slowly excavating the den (either by hand or with mechanized equipment under the direct supervision of a qualified biologist, removing no more than 4 inches at a time) before or after the rearing season (15 February through 30 June). Any passive relocation of American badgers shall occur only under the direction of a qualified biologist. Finding: Implementation of Mitigation Measure BIO-1.5 will reduce impacts to the denning badgers to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.6: Implementation of the proposed Plan could result in mortality of, and loss of habitat for burrowing owls. Mitigation Measure BIO-1.6: Conduct a Preconstruction Survey for Burrowing Owl and Implement Avoidance Measures. A qualified biologist(s) knowledgeable of the species should conduct a focused, preconstruction survey during the peak breeding season for burrowing owls (15 April to 15 July) prior to the start of ground-disturbing activities for the project to determine if burrowing owls are present on the project site and within 250 feet where access allows. The survey should be conducted in substantial compliance with the California Burrowing Owl Consortium's Survey Protocol and Mitigation Guidelines (CBOC, 1997), or other survey and mitigation protocols recommended by the CDFW, to the extent feasible. All areas of suitable 12 habitat proposed for ground disturbance will be surveyed. If burrowing owls are detected, buffers and mitigation per the Survey Protocol and Mitigation Guidelines will be implemented. If burrowing owl(s) are found to occupy the site and avoidance is not possible, a qualified biologist knowledgeable of the species should conduct burrow exclusion during the non- breeding season, before breeding behavior is exhibited and after the burrow is confirmed empty by site surveillance and/or scoping. Burrow closure should be implemented only where there are adjacent natural burrows and nonimpacted sufficient habitat for burrowing owls to occupy with permanent protection mechanisms in place. Ongoing surveillance should be conducted during any initial ground-disturbing activity or construction associated with each phase of project implementation to monitor colonization of the area by burrowing owls. Finding: Implementation of Mitigation Measure BIO-1.6 will reduce impacts to burrowing owl habitat to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.7: Implementation of the proposed Plan could result in impacts to Western pond turtle nests and mortality of pond turtles. Mitigation Measure BIO-1.7: Conduct Pre-construction Surveys for Western Pond Turtle, and Move Individuals to Safety. Prior to construction, a qualified biologist (i.e., a biologist approved by CDFW and that holds a Scientific Collecting Permit to handle western pond turtles) should conduct focused surveys during the western pond turtle egg-laying season (March through August) to determine if for western pond turtles are present within 0.25-mile of aquatic and riparian habitat, where accessible. If any pond turtles are detected during these surveys, or during construction in an area where individuals could be affected, they should be allowed to move out on their own volition. If this is not feasible, they should be moved to the nearest suitable habitat immediately upstream or downstream from the project site. The candidate sites for relocation should be identified before construction and should be selected based on the size and type of habitat present, the potential for negative interactions with resident species, and the species’ range. If any western pond turtle nests with eggs are found, the nests should remain undisturbed until the eggs have hatched. Finding: Implementation of Mitigation Measure BIO-1.7 will reduce impacts to Western Pond Turtle habitat and the mortality of pond turtles to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-1.8: Implementation of the proposed Plan could result in take of birds or nests. 13 Mitigation Measure BIO-1.8: Implementation of City of Fresno General Plan MEIR Mitigation Measure BIO-1.8, as follows: • MEIR BIO-1.8: Proposed projects within the Plan Area should avoid, if possible, construction within the general nesting season of February through August for avian species protected under Fish and Game Code 3500 and the Migratory Bird Treaty Act (MBTA), if it is determined that suitable nesting habitat occurs on a project site. If construction cannot avoid the nesting season, a pre-construction clearance survey must be conducted by a qualified wildlife biologist no more than 10 days prior to the start of any initial ground-disturbing activity or construction associated with each phase of project implementation to determine if any nesting birds or nesting activity is observed on or within 500 feet of a project site. If an active nest is observed during the survey, a biological monitor must be on site to ensure that no proposed project activities would impact the active nest. A suitable buffer will be established around the active nest until the nestlings have fledged and the nest is no longer active. Project activities may continue in the vicinity of the nest only at the discretion of the biological monitor. Once construction begins, a qualified wildlife biologist should continuously monitor nests to detect behavioral changes resulting from project-related activities. If continuous monitoring of nests by a qualified wildlife biologist is not feasible, a disturbance-free buffer zone of a minimum of 250 feet should be delineated around active nests of non-listed bird species and a disturbance-free buffer zone of a minimum of 500 feet should be delineated around active nests of nonlisted raptors, or suitable buffer distance approved by the biological monitor. These buffers should be maintained until the breeding season has ended or until a qualified wildlife biologist can determine that the bird species or raptors have fledged and are no longer reliant upon the nest or parental care for survival. Variance from these buffers should be considered only after consultation with a qualified wildlife biologist and CDFW Finding: Implementation of Mitigation Measure BIO-1.8 will reduce impacts to birds or nests to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-2: Implementation of the proposed Plan would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Mitigation Measure BIO-2: Implementation of City of Fresno General Plan MEIR Mitigation Measures BIO-2.1a through BIO-2.1c, as follows: • MEIR BIO-2.1a: : Impacts to riparian habitat should be avoided by delineating a 200-foot disturbance free buffer from the high water mark of a waterbody or waterway or form 14 the outside edge of the riparian habitat and for areas with no riparian vegetation, a minimum 100-foot disturbance-free buffer should be delineated around the high water mark of a waterbody or waterway. If avoidance is not possible, a compensatory habitat-based mitigation should be required to reduce project impacts. Compensatory mitigation must involve the preservation or restoration or the purchase of off-site mitigation credits for impacts to riparian habitat and/or a special-status natural community. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat based mitigation should be determined on and acre-for-acre basis through consultation with the appropriate agency (i.e., CDFW or USFWS) on a case-by-case basis. • MEIR BIO-2.1b: Project impacts that occur to riparian habitat may also result in significant impacts to streambeds or waterways protected under Section 1600 of Fish and Wildlife Code and Section 404 of the CWA. In accordance with Fish & Game Code §1600 et seq., consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. • MEIR BIO-2.1c: Project-related impacts to riparian habitat or a special-status natural community may result in direct or incidental impacts to special-status species associated with riparian or wetland habitats. Project impacts to special-status species associated with riparian habitat shall be mitigated through agency consultation, development of a mitigation strategy, and/or issuing incidental take permits for the specific special-status species, as determined by the CDFW and/or USFWS. Finding: Implementation of Mitigation Measure BIO-2 will reduce impacts to riparian habitat or other sensitive natural communities within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact BIO-3: Implementation of the proposed Plan could result in loss of federally protected wetlands or waters. Mitigation Measure BIO-3: Implementation of City of Fresno General Plan MEIR Mitigation Measures BIO-3a through BIO-3b, as follows: • MEIR BIO-3a: If a proposed project will result in the significant alteration or fill of a federally protected wetland, in accordance with Fish & Game Code Section 1600 et seq., 15 consultation with CDFW and/or USACE should be initiated to determine the appropriate mitigation strategy and regulatory permitting to reduce impacts prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation); or (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. In addition, a formal wetland delineation conducted according to USACE accepted methodology is required for each project to determine the extent of wetlands on a project site. The delineation should be used to determine if federal permitting and mitigation strategy are required to reduce project impacts. Acquisition of permits from USACE for the fill of wetlands and approval of wetland mitigation plan would ensure a “no net loss” of wetland habitat within the Plan Area by the appropriate regulatory agencies (e.g., USACE, Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW)). Appropriate wetland mitigation/creation should be implemented in a ratio according to the size of the impacted wetland. • MEIR BIO-3b: In addition to regulatory agency permitting, Best Management Practices identified from a list provided by the USACE shall be incorporated into the design and construction phase of the project to ensure that no pollutants or siltation drain into a federally protected wetland. Project design features such as fencing, appropriate drainage and incorporating detention basins shall assist in ensuring project-related impacts to wetland habitat are minimized to the greatest extent feasible. Finding: Implementation of Mitigation Measure BIO-3 will reduce impacts to federally protected wetlands within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Cultural and Tribal Cultural Resources Impact CUL-1: Implementation of the proposed Plan could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. Mitigation Measure CUL-1: Implementation of City of Fresno General Plan MEIR Mitigation Measure CUL-1, as follows: • MEIR CUL-1: If previously unknown cultural resources are encountered during grading activities, construction shall stop in the immediate vicinity of the find and an archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but 16 not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the archaeologist and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. Finding: Implementation of Mitigation Measure CUL-1 will reduce impacts to historical resources within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact CUL-2: Implementation of the proposed Plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines. Mitigation Measure CUL-2: Implementation of City of Fresno General Plan MEIR Mitigation Measure CUL-2, as follows: • MEIR CUL-2: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for prehistoric archaeological resources shall be conducted. The following procedures shall be followed. If prehistoric resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that buried prehistoric archaeological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. If the resources are determined to be unique prehistoric archaeological resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to 17 the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any prehistoric archaeological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If prehistoric resources are found during the field survey or literature review, the resources shall be inventoried using appropriate State record forms and submit the forms to the Southern San Joaquin Valley Information Center. The resources shall be evaluated for significance. If the resources are found to be significant, measures shall be identified by the qualified archaeologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include an archaeological monitor. The monitoring period shall be determined by the qualified archaeologist. If additional prehistoric archaeological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Finding: Implementation of Mitigation Measure CUL-2 will reduce impacts to archaeological resources within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact CUL-3: Implementation of the proposed Plan would have the potential to directly or indirectly affect a unique paleontological resource or site, or unique geologic feature. Mitigation Measure CUL-3: Implementation of City of Fresno General Plan MEIR Mitigation Measure CUL-3, as follows: • MEIR CUL-3: Subsequent to a preliminary City review of the project grading plans, if there is evidence that a project will include excavation or construction activities within previously undisturbed soils, a field survey and literature search for unique paleontological/geological resources shall be conducted. The following procedures shall be followed: If unique paleontological/geological resources are not found during either the field survey or a literature search, excavation and/or construction activities can commence. In the event that unique paleontological/geological resources are discovered during 18 excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological/geological resources recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing long-term preservation to allow future scientific study. If unique paleontological/geological resources are found during the field survey or literature review, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping; incorporation of the site in green space, parks, or open space; or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed. Finding: Implementation of Mitigation Measure CUL-3 will reduce impacts to paleontological resources within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact CUL-4: Implementation of the proposed Plan would have the potential to disturb human remains, including those interred outside of formal cemeteries. Mitigation Measure CUL-4: Implementation of City of Fresno General Plan MEIR Mitigation Measure CUL-4, as follows: MEIR CUL-4: In the event that human remains are unearthed during excavation and grading activities of any future development project, all activity shall cease immediately. Pursuant to Health and Safety Code (HSC) Section 7050.5, no further disturbance shall occur until the County 19 Coroner has made the necessary findings as to origin and disposition pursuant to PRC Section 5097.98(a). If the remains are determined to be of Native American descent, the coroner shall within 24 hours notify the Native American Heritage Commission (NAHC). The NAHC shall then contact the most likely descendent of the deceased Native American, who shall then serve as the consultant on how to proceed with the remains. Pursuant to PRC Section 5097.98(b), upon the discovery of Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located is not damaged or disturbed by further development activity until the landowner has discussed and conferred with the most likely descendants regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the descendants all reasonable options regarding the descendants’ preferences for treatment. Applicable regulations and procedures described above, along with implementation of Mitigation Measure CUL-4, would ensure that any human remains discovered during construction would be handled appropriately. Finding: Implementation of Mitigation Measure CUL-4 will reduce impacts to human remains within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact CUL-5: Implementation of the proposed Plan would have the potential to impact TCRs the disturbance of which could result in a significant impact under CEQA. Mitigation Measure CUL-5: Implementation of City of Fresno General Plan MEIR Mitigation Measures CUL-1, CUL-2, and CUL-4. Finding: Implementation of Mitigation Measure CUL-5 will reduce impacts to tribal cultural resources within the Plan Area to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Hazards and Hazardous Materials Impact HAZ-3: Implementation of the proposed Plan would emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within ¼-mile of an existing or proposed school. Mitigation Measure HAZ-3: Implementation of Mitigation Measures HAZ-4a through HAZ-4h, described later in the section under Impact HAZ-4, would reduce potential impacts to schools. 20 In addition, as stated in the discussions of Impacts HAZ-1 and HAZ-2, of the Draft EIR, compliance with existing federal, State, and local regulations, procedures, and policies would avoid potential impacts associated with hazardous materials handling, use, and storage in the Plan Area. Compliance with these regulations, procedures, and policies would ensure that hazardous materials are properly handled, thereby reducing potential risks to nearby schools. Finding: Implementation of Mitigation Measure HAZ-3 and compliance with existing federal, State, and local regulations will reduce impacts related to the handling of hazardous materials or waste within ¼-mile of an existing or proposed school to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact HAZ-4: Implementation of the proposed Plan would occur on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a potentially significant hazard to the public or the environment. Mitigation Measure HAZ-4a: Prior to the issuance of a grading permit, the property owners and/or developers of properties shall ensure that a Phase I ESA (performed in accordance with the current ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process [E 1527]) shall be conducted for each individual property prior to development or redevelopment to ascertain the presence or absence of Recognized Environmental Conditions (RECs), Historical Recognized Environmental Condition (HRECs), and Potential Environmental Concerns (PECs) relevant to the property under consideration. The findings and conclusions of the Phase I ESA shall become the basis for potential recommendations for follow-up investigation, if found to be warranted. Mitigation Measure HAZ-4b: In the event that the findings and conclusions of the Phase I ESA for a property result in evidence of RECs, HRECs and/or PECs warranting further investigation, the property owners and/or developers of properties shall ensure that a Phase II ESA shall be conducted to determine the presence or absence of a significant impact to the subject site from hazardous materials. The Phase II ESA may include but may not be limited to the following: (1) Collection and laboratory analysis of soils and/or groundwater samples to ascertain the presence or absence of significant concentrations of constituents of concern; (2) Collection and laboratory analysis of soil vapors and/or indoor air to ascertain the presence or absence of significant concentrations of volatile constituents of concern; and/or (3) Geophysical surveys to ascertain the presence or absence of subsurface features of concern such as USTs, drywells, drains, plumbing, and septic systems. The findings and conclusions of the Phase II ESA shall become the basis for potential recommendations for follow-up investigation, site characterization, and/or remedial activities, if found to be warranted. 21 Mitigation Measure HAZ-4c: In the event the findings and conclusions of the Phase II ESA reveal the presence of significant concentrations of hazardous materials warranting further investigation, the property owners and/or developers of properties shall ensure that site characterization shall be conducted in the form of additional Phase II ESAs in order to characterize the source and maximum extent of impacts from constituents of concern. The findings and conclusions of the site characterization shall become the basis for formation of a remedial action plan and/or risk assessment. Mitigation Measure HAZ-4d: If the findings and conclusions of the Phase II ESA(s), site characterization and/or risk assessment demonstrate the presence of concentrations of hazardous materials exceeding regulatory threshold levels, prior to the issuance of a grading permit, property owners and/or developers of properties shall complete site remediation and potential risk assessment with oversight from the applicable regulatory agency including, but not limited to, the Cal-EPA Department of Toxic Substances Control (DTSC) or Regional Water Quality Control Board (RWQCB), and Fresno County Environmental Health Division (FCEHD). Potential remediation could include the removal or treatment of water and/or soil. If removal occurs, hazardous materials shall be transported and disposed at a hazardous materials permitted facility. Mitigation Measure HAZ-4e: Prior to the issuance of a building permit for an individual property within the Plan Area with residual environmental contamination, the agency with primary regulatory oversight of environmental conditions at such property ("Oversight Agency") shall have determined that the proposed land use for that property, including proposed development features and design, does not present an unacceptable risk to human health, if applicable, through the use of an Environmental Site Management Plan (ESMP) that could include institutional controls, site-specific mitigation measures, a risk management plan, and deed restrictions based upon applicable risk-based cleanup standards. Remedial action plans, risk management plans and health and safety plans shall be required as determined by the Oversight Agency for a given property under applicable environmental laws, if not already completed, to prevent an unacceptable risk to human health, including workers during and after construction, from exposure to residual contamination in soil and groundwater in connection with remediation and site development activities and the proposed land use. Mitigation Measure HAZ-4f: For those sites with potential residual volatile organic compounds (VOCs) in soil, soil gas, or groundwater that are planned for redevelopment with an overlying occupied building, a vapor intrusion assessment shall be performed by a licensed environmental professional. If the results of the vapor intrusion assessment indicate the potential for significant vapor intrusion into the proposed building, the project design shall include vapor controls or source removal, as appropriate, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD) requirements. Soil vapor mitigations or controls could include passive venting and/or active venting. The vapor intrusion assessment as associated 22 vapor controls or source removal can be incorporated into the ESMP (Mitigation Measure HAZ4- 4e). Mitigation Measure HAZ-4g: In the event of planned renovation or demolition of residential and/or commercial structures on the subject site, prior to the issuance of demolition permits, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACM) and/or LBP. Removal of friable ACM, and non-friable ACMs that have the potential to become friable, during demolition and/or renovation shall conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) is the responsible agency on the local level to enforce the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and shall be notified by the property owners and/or developers of properties (or their designee(s)) prior to any demolition and/or renovation activities. If asbestos- containing materials are left in place, an Operations and Maintenance Program (O&M Program) shall be developed for the management of asbestos containing materials. Mitigation Measure HAZ-4h: Prior to the import of a soil to a particular property within the Plan Area as part of that property’s site development, such soils shall be sampled for toxic or hazardous materials to determine if concentrations exceed applicable Environmental Screening Levels for the proposed land use at such a property, in accordance with Regional Water Quality Control Board (RWQCB), the Department of Toxic Substances Control (DTSC) or the Fresno County Environmental Health Division (FCEHD)requirements, prior to importing to such a property. Finding: Implementation of Mitigation Measures HAZ-4a through HAZ-4h and compliance with existing federal, State, and local regulations will reduce impacts related to the handling of hazardous materials or waste within ¼-mile of an existing or proposed school to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Noise Impact NOISE-2: Construction activities could result in vibration-induced architectural damage at nearby structures or hardscape features, or could result in vibration-induced annoyance at nearby sensitive receptors. Mitigation Measure NOISE-2a: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities— such as pile drivers, jack hammers, and vibratory rollers—within 50 feet of off-site structures, shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration damage impacts. The vibration assessment shall be prepared by a 23 qualified acoustical engineer and be based on the Federal Transit Administration (FTA) vibration- induced architectural damage criterion. If the acoustical study determines a potential exceedance of the FTA thresholds, measures shall be identified that ensure vibration levels are reduced to below the thresholds. Measures to reduce vibration levels can include use of less- vibration-intensive equipment (e.g., drilled piles and static rollers) and/or construction techniques (e.g., non-explosive rock blasting and use of hand tools) and preparation of a pre- construction survey report to assess the condition of the affected sensitive structure. Identified measures shall be included on all construction and building documents and submitted for verification to the City. Mitigation Measure NOISE-2b: Prior to issuance of grading and construction permits, applicants for individual development projects that involve vibration-intensive construction activities— such as pile drivers, jack hammers, and vibratory rollers—within 100 feet of sensitive receptors (e.g., residences and schools) shall prepare and submit to the City of Fresno an acoustical study to evaluate potential construction-related vibration annoyance impacts. The study shall be prepared by a qualified acoustical engineer and shall identify measures to reduce impacts to habitable structures to below the Federal Transit Administration (FTA) vibration-induced annoyance criterion. If construction-related vibration is determined in the acoustical study to be perceptible at vibration-sensitive uses, additional requirements, such as use of less-vibration- intensive equipment or construction techniques, shall be implemented during construction (e.g., drilled piles, static rollers, and non-explosive rock blasting). Identified measures shall be included on all construction and building documents and submitted for verification to the City. Finding: Implementation of Mitigation Measures NOISE-2a and NOISE-2b will reduce construction-related vibration impacts to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Public Services & Recreation Impact PS-7: Implementation of the proposed Plan would result in substantial adverse physical impacts associated with the provision of or need for new or physically altered governmental facilities in order to maintain acceptable service ratios, response times or other performance objectives for parks, the construction of which could cause significant environmental impacts. Mitigation Measure PS-7: As new development occurs in the Plan Area, the City shall periodically (every 5 years) monitor residential population growth compared to development of new parklands for the purpose of evaluating the strength of this Plan to meet the ratio of 3 acres of parkland per 1,000 population. If the ratio is not met, the City shall explore additional ways to increase the amount of dedicated parkland in the Plan Area, including but not limited to designating additional lands for parkland development. 24 Finding: Implementation of Mitigation Measure PS-7 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Transportation and Traffic Impact TRANS-7.1: The addition of proposed Plan traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable roadway operations on City of Fresno study roadway segments under cumulative conditions. Mitigation Measure TRANS-7.1: Provide transportation improvements consistent with General Plan Policy MT-1-j in the Plan Area that would encourage non-vehicular transportation and reduce auto traffic levels. These improvements shall be consistent with the goals and policies in the proposed Plan, which require the implementation of complete streets, bikeways, trails, sidewalks, and enhanced transit service to support transit use, biking, and walking as viable modes of travel. By supporting and encouraging these non-auto modes in lieu of auto travel, future traffic levels would be reduced. The City of Fresno shall also apply General Plan Policy MT-1-o, which allows LOS E or F conditions outside of identified multimodal districts if provisions are made to sufficiently improve the overall transportation system and promote non- vehicular transportation. With the application of General Plan policy MT-1-o, the LOS F conditions on Church Avenue and LOS E conditions on North Avenue would be considered acceptable. Finding: Implementation of Mitigation Measure TRANS-7.1 will reduce impacts to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Utilities & Service Systems Impact UTIL-1: Implementation of the proposed Plan would exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Mitigation Measure UTIL-1: Implementation of City of Fresno General Plan MEIR Mitigation Measure USS-1 through USS-3, as follows: • MEIR USS-1: The City shall develop and implement a wastewater master plan update. • MEIR USS-2: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. By approximately the year 2025, the City shall construct the following improvements. 25 o Construct an approximately 70 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. o Construct an approximately 0.49 MGD expansion of the North Facility and obtain revised waste discharge permits as the generation of wastewater is increased. • MEIR USS-3: Prior to exceeding existing wastewater treatment capacity, the City shall evaluate the wastewater system and shall not approve additional development that contributes wastewater to the wastewater treatment facility that could exceed capacity until additional capacity is provided. After approximately the year 2025, the City shall construct the following improvements. o Construct an approximately 24 MGD Wastewater Treatment Facility within the Southeast Development Area and obtain revised waste discharge permits as the generation of wastewater is increased. o Construct an approximately 9.6 MGD expansion of the Regional Wastewater Treatment Facility and obtain revised waste discharge permits as the generation of wastewater is increased. Finding: Implementation of Mitigation Measure UTIL-1 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact UTIL-2: Implementation of the proposed Plan would require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Mitigation Measure UTIL-2: Implementation of City of Fresno General Plan MEIR Mitigation Measure USS-4 through USS-9, as follows: • MEIR USS-4: A Traffic Control/Traffic Management Plan to address traffic impacts during construction of water and sewer facilities shall be prepared and implemented subject to approval by the City prior to construction. The plan shall identify hours of construction and for deliveries, include haul routes, identify access and parking restrictions, plan for notifications, identify pavement markings and signage, and plan for coordination with emergency service providers and schools. • MEIR USS-5: Prior to exceeding existing water supply capacity, the City shall evaluate the water supply system and shall not approve additional development that demand additional water until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. o Construct an approximately 80 million gallon per day (MGD) surface water treatment facility near the intersection of Armstrong and Olive Avenues, in 26 accordance with Chapter 9 and Figure 9-1 of the City of Fresno Metropolitan Water Resources Management Plan Update Phase 2 Report, January 2012 (2012 Metro Plan Update). o Construct an approximately 30 MGD expansion of the existing northeast surface water treatment facility for a total capacity of 60 MGD, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct an approximately 20 MGD surface water treatment facility in the southwest portion of the City, in accordance with Chapter 9 and Figure 9- 1 of the 2012 Metro Plan Update. • MEIR USS-6: Prior to exceeding capacity within the existing wastewater collection system facilities, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of a facility until additional capacity is provided. By approximately the year 2025, the following capacity improvements shall be provided. o Orange Avenue Trunk Sewer: This facility shall be improved between Dakota and Jensen Avenues. Approximately 37,240 feet of new sewer main shall be installed and approximately 5,760 feet of existing sewer main shall be rehabilitated. The size of the new sewer main shall range from 27-inches to 42-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are RS03A, RL02, C01-REP, C02-REP, C03-REP, C04-REP, C05-REP, C06-REL and C07-REP. o Marks Avenue Trunk Sewer: This facility shall be improved between Clinton Avenue and Kearney Boulevard. Approximately 12,150 feet of new sewer main shall be installed. The size of the new sewer main shall range from 33- inches to 60-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CM1- REP and CM2-REP. o North Avenue Trunk Sewer: This facility shall be improved between Polk and Fruit Avenues and also between Orange and Maple Avenues. Approximately 25,700 feet of new sewer main shall be installed. The size of the new sewer main shall range from 48-inches to 66- inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CN1-REL1 and CN3-REL1. o Ashlan Avenue Trunk Sewer: This facility shall be improved between Hughes and West Avenues and also between Fruit and Blackstone Avenues. Approximately 9,260 feet of new sewer main shall be installed. The size of the new sewer main shall range from 24-inches to 36-inches in diameter. The associated project designations in the 2006 Wastewater Master Plan are CA1-REL and CA2-REP. • MEIR USS-7: Prior to exceeding capacity within the existing 28 pipeline segment shown on Figures 1 and 2 in Appendix J-1 of the Fresno General Plan MEIR, the City shall evaluate the wastewater collection system and shall not approve additional development that would generate additional wastewater and exceed the capacity of one of the 28 pipeline segments until additional capacity is provided. 27 • MEIR USS-8: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided by approximately 2025. o Construct 65 new groundwater wells, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct a 2.0 million gallon potable water reservoir (Reservoir T2) near the intersection of Clovis and California Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct a 3.0 million gallon potable water reservoir (Reservoir T3) near the intersection of Temperance and Dakota Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct a 3.0 million gallon potable water reservoir (Reservoir T4) in the Downtown Planning Area, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct a 4.0 million gallon potable water reservoir (Reservoir T5) near the intersection of Ashlan and Chestnut Avenues, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct a 4.0 million gallon potable water reservoir (Reservoir T6) near the intersection of Ashlan Avenue and Highway 99, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct 50.3 miles of regional water transmission mains ranging in size from 24- inch to 48-inch, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. o Construct 95.9 miles of 16-inch transmission grid mains, in accordance with Chapter 9 and Figure 9-1 of the 2012 Metro Plan Update. • MEIR USS-9: Prior to exceeding capacity within the existing water conveyance facilities, the City shall evaluate the water conveyance system and shall not approve additional development that would demand additional water and exceed the capacity of a facility until additional capacity is provided. The following capacity improvements shall be provided after approximately the year 2025 and additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. o Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 1) within the northern part of the Southeast Development Area. o Construct a 4.0 million gallon potable water reservoir (SEDA Reservoir 2) within the southern part of the Southeast Development Area. Additional water conveyance facilities shall be provided prior to exceedance of capacity within the water conveyance facilities to accommodate full buildout of the General Plan Update. 28 Finding: Implementation of Mitigation Measure UTIL-2 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact UTIL-3: Implementation of the proposed Plan would result in a determination by the wastewater treatment provider which serves or may serve the proposed Plan that it has adequate capacity to serve the proposed Plan’s projected demand in addition to the provider’s baseline commitments. Mitigation Measure UTIL-3: Implement MEIR Mitigation Measures USS-1 through USS-3. Finding: Implementation of Mitigation Measure UTIL-3 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact UTIL-4: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in a significant cumulative impacts with respect to wastewater. Mitigation Measure UTIL-4: Implement MEIR Mitigation Measures USS-1 through USS-9. Finding: Implementation of Mitigation Measure UTIL-4 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact UTIL-15: Implementation of the proposed Plan would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. Mitigation Measure UTIL-15: Implementation of City of Fresno General Plan MEIR Mitigation Measure USS-22, as follows: • MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Finding: Implementation of Mitigation Measure UTIL-15 will reduce impacts to a less-than- significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. Impact UTIL-17: Implementation of the proposed Plan in combination with past, present, and reasonably foreseeable projects would not be served by a landfill with sufficient permitted capacity to accommodate the proposed Plan’s solid waste disposal needs. 29 Mitigation Measure UTIL-17: Implementation of City of Fresno General Plan MEIR Mitigation Measure USS-22, as follows: • MEIR USS-22: Prior to exceeding landfill capacity, the City shall evaluate additional landfill locations and shall not approve additional development that could contribute solid waste to a landfill that is at capacity until additional capacity is provided. Finding: Implementation of Mitigation Measure UTIL-17 will reduce impacts to a less-than-significant level. Pursuant to CEQA Guidelines Section 15091(a)(1), changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the PEIR. (b) Impacts than Remain Significant and Unavoidable Aesthetics Impact AES-4: Implementation of the Plan would create new sources of substantial light and glare which would adversely affect day or nighttime views in the area as a result of new development. Mitigation Measure AES-4: Implementation of City of Fresno General Plan Master EIR (MEIR) Mitigation Measures AES-1 through AES-5, as follows: • MEIR AES-1: Lighting systems for street and parking areas shall include shields to direct light to the roadway surfaces and parking areas. Vertical shields on the light fixtures shall also be used to direct light away from adjacent light sensitive land uses such as residences. • MEIR AES-2: Lighting systems for public facilities such as active play areas shall provide adequate illumination for the activity; however, low-intensity light fixtures and shields shall be used to minimize spillover light onto adjacent properties. • MEIR AES-3: Lighting systems for non-residential uses, not including public facilities, shall provide shields on the light fixtures and orient the lighting system away from adjacent properties. Low-intensity light fixtures shall also be used if excessive spillover light onto adjacent properties will occur. • MEIR AES-4: Lighting systems for freestanding signs shall not exceed 100 foot-Lamberts (FT- L) when adjacent to streets which have an average light intensity of less than 2.0 horizontal footcandles and shall not exceed 500 FT-L when adjacent to streets that have an average light intensity of 2.0 horizontal footcandles or greater. • MEIR AES-5: Materials used on building façades shall be non-reflective. Finding: Implementation of Mitigation Measure AES-1 would serve to substantially lessen potential impacts related to light and glare from new development under implementation of the proposed Plan; however, because the Plan Area consists of several vacant and/or underutilized parcels that could be developed, impacts would remain significant and unavoidable with respect to light and glare. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, 30 technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AES-5: Implementation of the proposed Plan would result in a cumulative impact related to light and glare. Mitigation Measure AES-5: Implementation of Implementation of City of Fresno General Plan Master EIR (MEIR) Mitigation Measures AES-1 through AES-5. Finding: Implementation of Mitigation Measure AES-5 would serve to substantially lessen potential impacts related to light and glare from new development under implementation of the proposed Plan; however, because the Plan Area consists of several vacant and/or underutilized parcels that could be developed, impacts would remain significant and unavoidable with respect to cumulative impacts related to light and glare. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Agriculture and Forestry Resources Impact AG-1: Implementation of the proposed Plan would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. Mitigation Measure: No feasible mitigation measures are available for the impact of converting Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Finding: Because the plan area is comprised of Farmland that would be developed under implementation of the Plan, there are no feasible mitigation measures that would reduce the impact to less-than-significant level, since, once developed, a permanent loss of Farmland of importance would be lost. The only mitigation for this impact would be to not develop; however, that would conflict with the stated objectives of the Plan. Therefore, Impact AG-1 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AG-4: Implementation of the proposed Plan, in combination with past, present and reasonably foreseeable projects, would result in significant and unavoidable cumulative impacts with respect to agriculture resources. Mitigation Measure: No feasible mitigation measures are available for the cumulative impact of converting Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 31 Finding: Because the plan area is comprised of Farmland that would be developed under implementation of the Plan, there are no feasible mitigation measures that would reduce the impact to less-than-significant level, since, once developed, a permanent loss of Farmland of importance would be lost. The only mitigation for this impact would be to not develop; however, that would conflict with the stated objectives of the Plan. Therefore, Impact AG-1 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Air Quality Impact AQ-1: Implementation of the proposed Plan would result in the generation of substantial long- term criteria air pollutant emissions that would exceed the San Joaquin Valley Air Pollution District (SJVAPCD) regional significance thresholds and would therefore not be considered consistent with the existing Air Quality Management Plans (AQMPs). Mitigation Measure AQ-1: Prior to the issuance of building permits for new development projects within the Plan Area, the project applicant shall show on the building plans that all major appliances (dishwashers, refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star-certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star-certified or equivalent appliances shall be verified by the City of Fresno Development and Resource Management Department prior to the issuance of a certificate of occupancy. Finding: Although the Plan includes policies and objectives to support a more sustainable development patter for the Plan Area, such as mixed-use and transit-oriented neighborhoods, and increased capacity for alternative transportation modes, which would help reduce air pollutant emissions, along with Mitigation Measure AQ-1, the additional development would nevertheless result in a substantial increase in emissions compared to existing conditions and exceed the SJVAPCD operational significance thresholds. However, the Plan policies would serve to reduce long-term criteria pollutant emissions to the extent feasible. Impact AQ-1 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained worker, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AQ-2: Construction activities associated with implementation of the proposed Plan would exceed the San Joaquin Valley Air Pollution Control District (SJVAPCD) regional significance thresholds for (Volatile Organic Compounds) VOC and Nitrogen Oxide (NOX). Mitigation Measure AQ-2a: In order to contribute in minimizing exhaust emission from construction equipment, prior to issuance of grading, demolition or building permits whichever occurs first, the property owner/developer shall provide a list of all construction equipment 32 proposed to be used on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all equipment. Mitigation Measure AQ-2b: During construction activities, for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the construction contractors shall ensure that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. Mitigation Measure AQ-2c: In order to reduce VOC emissions from construction activities, prior to issuance of a building permit for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects), the property owner/developer shall require the construction contractor and provide a note on construction plans indicating that: • All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 4601 (i.e., super compliant paints). • All architectural coatings shall be applied either by (1) using a high-volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. • The construction contractor shall also use precoated/natural colored building materials, where feasible. Finding: While Mitigation Measures AQ-2a through AQ-2c would serve to reduce emissions impacts, the Plan buildout at 25 years would result in construction activities that could generate short-term emissions that exceed the SJVAPD’s significance thresholds during that time, as well as cumulatively contribute to the nonattainment designations of the San Joaquin Valley Air Basin (SJAVB). Further, due the programmatic nature of the Plan, specific projects have not yet been identified and therefore specific construction timelines and equipment for site specific projects are not available. Thus, Impact AQ-2 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AQ-3: Operation of development projects accommodated under the proposed Plan would generate emissions that would exceed the SJVAPCD regional significance thresholds for VOC, NOX, CO, PM10, and PM2.5. Mitigation Measure AQ-3: Implement Mitigation Measure AQ-1. 33 Finding: No further measures to reduce operation-phase criteria air pollutant emissions are available beyond Mitigation Measure AQ-3, the applicable SJVAPCD rules and regulations, and proposed Plan policies and design guidelines. Application of State and SJVAPCD rules and regulations, such as Rules 9510 and 9410, implementation of the proposed Plan’s roadway, bicycle, and trail improvements, policies (e.g., Policies LU-1.1, LU-4.4, T-11.1, and T-12.3), and complete streets design guidelines, and implementation of applicable General Plan policies (e.g., Policies RC-4-e, RC-4-k, MT-2-b, and MT-4-b) would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. As stated, the aforementioned Mitigation Measure AQ-3, improvements, design guidelines, and policies could contribute in reducing operation-phase regional air quality impacts of future individual projects to a less than significant level. However, despite adherence to Mitigation Measure AQ-3 and implementation of the policies and design guidelines, Impact AQ-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the proposed Plan. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AQ-4: Development of land uses accommodated under the proposed Plan could result in short- and long-term emissions that could cause or contribute to a violation of the Ambient Air Quality Standards (AAQS). Mitigation Measure AQ-4a: Implement Mitigation Measures AQ-2a through AQ-2c to further reduce construction-related criteria air pollutant emissions. Mitigation Measure AQ-4b: In order to reduce fugitive dust particulate matter emissions during construction activities, prior to issuance of grading, demolition or building permits, whichever occurs first, for projects subject to the California Environmental Quality Act (i.e., non-exempt projects), but that would be outside the purview of San Joaquin Valley Air Pollution Control District’s (SJVAPCD) Regulation VIII,the property owner/developer shall submit a dust control plan that includes, but not limited to the following measures during ground-disturbing activities to further reduce PM10 and PM2.5 emissions: • Disturbed areas (including storage piles) that are not being actively utilized for construction purposes shall be effectively stabilized using water, chemical stabilizer/suppressant, or covered with a tarp or other suitable cover (e.g., revegetated). • On-site unpaved roads and off-site unpaved access roads shall be effectively stabilized using water or chemical stabilizer/suppressant. • Land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled utilizing application of water or by presoaking. 34 • Material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained when materials are transported off-site. • Operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) • Following the addition of materials to or the removal of materials from the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. • Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. • Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. • Limit traffic speeds on unpaved roads to 15 mph. • Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than 1 percent. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Adhere to Regulation VIII’s 20 percent opacity limitation, as applicable. Finding: Application of State and SJVAPCD rules and regulations, implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3) and complete streets design guidelines in addition to applicable General Plan policies and objectives (e.g., Policies UF- 12-a and UF-14-a and Objective RC-4), and incorporation of Mitigation Measures AQ-4a and AQ AQ-4b, would reduce construction and operation-related criteria air pollutants to the extent feasible. However, despite implementation of the proposed plans, policies, and design guidelines and adherence to these mitigation measures, Impact AQ-4 would remain significant and unavoidable due to the magnitude of land use development associated with the proposed Plan. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact AQ-7: Construction activities associated with implementation of the proposed Plan would exceed the SJVAPCD regional significance thresholds for VOC and NOX. Mitigation Measure AQ-7: Implement Mitigation Measures AQ-2a through AQ-4b. Finding: Application of State and SJVAPCD rules and regulation in addition to incorporation of Mitigation Measures AQ-2a through AQ-4b and adherence to the proposed Plan goals, policies, and design guidelines would reduce short- and long-term emissions to the extent feasible. However, due to the magnitude and intensity of development planned under the proposed Plan, Impact AQ-7 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 35 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Greenhouse Gas Emissions Impact GHG-1: Implementation of the proposed Plan would result in a substantial increase in GHG emissions. Mitigation Measure GHG-1: Implement Mitigation Measure AQ-2b. Finding: Implementation of the proposed Plan’s roadway and bicycle and trail network improvements, policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3), and Complete Streets Design Guidelines would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. In addition, Mitigation Measure AQ-2b would contribute in minimizing GHG emissions from construction activities. Furthermore, advancement of General Plan policies pertaining to GHG emissions (e.g., Policies RC-5-a through RC-5-g), urban form, transit, water and energy conservation (e.g., Policies RC-7-h and RC-8-c) would also contribute in minimizing GHG emissions overall. However, due to the magnitude of growth associated with the proposed Plan, it is anticipated that an increase in GHG emissions would remain substantial. While adherence to the City of Fresno’s GHG Plan would also contribute in reducing GHG emissions associated with implementing the proposed Plan and progress in meeting the year 2020 AB 32 reduction target, additional federal, State, and local measures would be necessary to reduce GHG emissions under the proposed Plan to meet the long-term GHG reduction goals under Executive Order S-03-05 and SB 32. At this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, Impact GHG-1 would be significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact GHG-3: GHG emissions associated with implementation of the proposed Plan would substantially cumulatively contribute to climate change impacts. Mitigation Measure GHG-3: Implement Mitigation Measure AQ-2b. Finding: Implementation of the proposed Plan’s policies (e.g., Policies LU-1.1, LU-4.4, T-10.1, and T-11.3) and complete streets design guidelines would reduce operation-related criteria air pollutants generated from energy, stationary, and mobile sources to the extent feasible. In addition, Mitigation Measure AQ-2a would also contribute in reducing construction-related GHG emissions. However, due to the magnitude of growth associated with the proposed Plan, it is 36 anticipated that an increase in GHG emissions would remain substantial. While adherence to the City of Fresno’s GHG Plan would also contribute in reducing GHG emissions associated with implementing the proposed Specific Plan and progress in meeting the year 2020 AB 32 reduction target, additional federal, State, and local measures would be necessary to reduce GHG emissions under the proposed Plan to meet the long-term GHG reduction goals under Executive Order S-03-05 and SB 32. As Stated, there is no plan at this time past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the State cannot meet the 2050 goal without major advancements in technology. Since no additional statewide measures are currently available, Impact GHG-3 would be significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Noise Impact NOISE-1: Development in accordance with the proposed Plan would cause increases in traffic along local roadways of more than 3 dBA over existing conditions. Mitigation Measure: No feasible mitigation measures are available for the impact of minimizing noise impacts related to traffic from implementation of the Plan to 3 dBA or below compared to existing conditions. Finding: Given the extent of the Plan and potential for development, there are no feasible mitigations that would reduce traffic-related noise increases over existing conditions. The extent of potential development would result in Impact NOISE-1 to remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact NOISE-3: Implementation of the proposed Plan would cause a substantial permanent increase in ambient noise levels in the vicinity of the Plan Area above levels existing without the proposed Plan. Mitigation Measure NOISE-3: No feasible mitigation measures are available for the impact of minimizing ambient noise impacts related to equal to or below existing conditions. Finding: Due to the extent of development that could occur under implementation of the Plan over the next 25 years, increases in ambient noise levels would occur compared to existing conditions. No feasible mitigation measures would offset potential increases to ambient noise levels and Impact NOISE-3 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. 37 Impact NOISE-4: Construction activities would result in temporary noise increases in the vicinity of the Plan Area. Mitigation Measure NOISE-4a: As required by the City of Fresno Municipal Code, construction activity shall be limited to the hours between 7:00 a.m. and 10:00 p.m. on weekdays and Saturdays, and shall require a permit issued by the City. Mitigation Measure NOISE-4b: Prior to the issuance of demolition, grading, and/or construction permits, applicants for individual development projects within 500 feet of noise-sensitive receptors (e.g., residences, hospitals, schools) shall conduct a project-level construction noise analysis to evaluate potential impacts on sensitive receptors. The analysis shall be conducted once the final construction equipment list that will be used for demolition and grading activities is determined. The project-level noise analysis shall be prepared, reviewed, and approved by the City of Fresno Community Development Director. If the analysis determines that demolition and construction activities would result in an impact to identified noise-sensitive receptors, then specific measures to attenuate the noise impact shall be outlined in the analysis and reviewed and approved by the City of Fresno Community Development Director. Specific measures may include, but are not limited to, the following best management practices: • Post a construction site notice near the construction site access point or in an area that is clearly visible to the public. The notice shall include the following: job site address; permit number, name, and phone number of the contractor and owner; dates and duration of construction activities; construction hours allowed; and the City of Fresno Community Development Director and construction contractor phone numbers where noise complaints can be reported and logged. • Consider the installation of temporary sound barriers for construction activities immediately adjacent to occupied noise-sensitive structures. • Restrict haul routes and construction-related traffic to the least noise-sensitive times of the day. • Reduce non-essential idling of construction equipment to no more than five minutes. • Ensure that all construction equipment is monitored and properly maintained in accordance with the manufacturer’s recommendations to minimize noise. • Fit all construction equipment with properly-operating mufflers, air intake silencers, and engine shrouds, no less effective than as originally equipped by the manufacturer, to minimize noise emissions. • If construction equipment is equipped with back-up alarm shut offs, switch off back-up alarms and replace with human spotters, as feasible. • Stationary equipment (such as generators and air compressors) and equipment maintenance and staging areas shall be located as far from existing noise-sensitive land uses, as feasible. • To the extent feasible, use acoustic enclosures, shields, or shrouds for stationary equipment such as compressors and pumps. 38 • Shut off generators when generators are not needed. • Coordinate deliveries to reduce the potential of trucks waiting to unload and idling for long periods of time. • Grade surface irregularities on construction sites to prevent potholes from causing vehicular noise. • Minimize the use of impact devices such as jackhammers, pavement breakers, and hoe rams. Where possible, use concrete crushers or pavement saws rather than hoe rams for tasks such as concrete or asphalt demolition and removal. The final noise-reduction measures to be implemented and their associated details shall be determined by the construction-level noise analysis. The final noise-reduction measures shall be included on all construction and building documents and/or construction management plans and submitted for verification to the City; implemented by the construction contractor through the duration of the construction phase; and discussed at the pre-demolition, -grade, and/or - construction meetings. Finding: Although implementation of Mitigation Measures NOISE-4 and NOISE-4b would serve to minimize temporary noise impacts related to construction of future projects under implementation of the Plan, the extent of potential development would nevertheless result in temporary increases in noise as construction occurs. Therefore, Impact NOISE-4 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact NOISE-7: Implementation of the proposed Plan, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to noise. Mitigation Measure: No feasible mitigation measures are available for the cumulative impact of noise impacts related to buildout of the Plan. Finding: Although the above noise-related mitigation measures would serve to minimize potential noise impacts, primarily related to construction activities, and a permanent increase in ambient noise levels, the Plan as a programmatic document guiding future development in the Plan Area for 25 years, would result in new development to the extent that it would cumulatively contribute to noise impacts within and surrounding the Plan Area to a level that cannot be sufficiently mitigated to less-than-significant level. Therefore, Impact NOISE-7 would remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Transportation & Traffic 39 Impact TRANS-7.2: The addition of project traffic to the roadway network, in combination with traffic generated by reasonably foreseeable projects, results in unacceptable intersection operations at Caltrans study intersections. Mitigation Measure TRANS-7.2: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. The City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR- 99/Jensen Avenue interchange and SR-41/North Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: • SR-99 Southbound Off-Ramp/Jensen Avenue intersection: o Widen the SR-99 southbound off-ramp to add an additional left-turn pocket. o Restripe the existing shared through-left turn lane on the SR-99 southbound off- ramp as a dedicated through lane. o The resulting lane configuration on the southbound off-ramp is: two left-turn lanes, one through lane, and one right-turn lane. o Add an overlap phase for the northbound right-turn movement. o Prohibit westbound U-turn movement to allow the northbound right-turn overlap. o Widen the eastbound approach to stripe a third through lane; add a third receiving lane on the east leg that traps into the SR-99 southbound on-ramp. • SR-99 Northbound Off-Ramp/Jensen Avenue intersection: o Change the lane configurations on the northbound off-ramp to a dedicated left- turn pocket and shared through-right turn lane. o Add an overlap phase for the southbound right-turn movement. o Prohibit eastbound U-turn movement to allow the southbound right-turn overlap. o Widen the westbound approach to stripe a third through lane; add a third receiving lane on the west leg that traps into the SR-99 northbound on-ramp. o Change the phasing for the northbound and southbound approaches to protected left-turn movements and separate. • SR-41 Southbound Off-Ramp/North Avenue intersection: o Widen the SR-41 southbound off-ramp to add a left-turn pocket. o Change the lane configurations on the southbound off-ramp to convert the existing shared through-left turn lane to a shared right turn-through-left turn lane. o Extend the right-turn pocket on the off-ramp to accommodate right-turn queue length shown in Table 4.14-16. 40 o The resulting lane configuration on the southbound off-ramp is: one left-turn lane, one shared right turn-through-left turn lane, and one right-turn lane. o Widen the eastbound approach to add a third through lane that traps into the eastbound left-turn onto the SR-41 northbound on-ramp. In addition to addressing intersection operations, the changes identified above also address freeway off-ramp queuing impacts identified in Impact TRANS-7.3 of the Draft EIR. With the implementation of the changes listed above, the operations at these three intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14- 16 of the Draft EIR (refer to Appendix G for calculations). While these changes would improve traffic operations to an acceptable LOS, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. In addition to the three intersections at the SR-99/Jensen Avenue and SR-41/North Avenue interchanges that operate at LOS E or LOS F under cumulative conditions, the following improvements would address unacceptable LOS E operations at the SR-99/Fresno Street interchange: • SR-99 Southbound Ramps/Fresno Street intersection: o Widen the SR-99 southbound frontage road to add an additional right-turn pocket. o Restripe the existing through lane as a shared through-left turn lane on the SR-99 southbound off-ramp. o The resulting lane configuration on the southbound off-ramp is: one left- turn lane, one shared through left-turn lane, and two right-turn lanes. • SR-99 Northbound Ramps/Fresno Street intersection: o Add a through lane to the westbound approach on Fresno Street that traps into the left-turn onto the SR-99 southbound on-ramp. o Adding the third through lane on Fresno Street would require removing the existing raised median and prohibiting eastbound left-turns at the Fresno Street/E Street intersection. With the implementation of the changes listed above, the operations at these two intersections would be improved to LOS D or better during both the AM and PM peak hours, as shown in Table 4.14-17 below (refer to Appendix G for calculations). While the intersection and ramp changes at the SR-99/Fresno Street interchange would improve intersection LOS, physical constraints on the SR-99 southbound frontage road would make the proposed widening of the southbound approach infeasible. 41 Finding: The improvements to the SR-99/Jensen Avenue and SR-41/North Avenue interchanges require changes to intersections and ramps under Caltrans jurisdiction. Therefore, the City of Fresno cannot guarantee that these changes will be implemented. In addition, some of the improvements to the SR-99/Fresno Street interchange are physically infeasible. Therefore, the proposed Plan’s cumulative contribution to unacceptable operations at these intersections remain significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. Impact TRANS-7.3: The addition of proposed Plan traffic to the roadway network in combination with traffic generated by reasonably foreseeable projects results in freeway off-ramp queues that extend back onto the freeway mainline. Mitigation Measure TRANS-7.3: Development within the proposed Plan shall pay its regional transportation mitigation fee (RTMF) towards funding improvements to the regional highways and streets system. In addition to the recommended improvements listed in Mitigation Measure TRANS-7.2, the City of Fresno shall coordinate with Caltrans and the Fresno Council of Governments to recommend the following intersection and ramp improvements at the SR- 41/Jensen Avenue interchange be incorporated into the RTMF program and any applicable future City of Fresno fee update applicable to roadway facilities and/or traffic signals: • SR-41 Southbound Off-Ramp/Jensen Avenue intersection: o Change the existing shared left-right turn lane on the SR-41 southbound off- ramp as a dedicated right-turn lane SR-99 southbound off-ramp o The resulting lane configuration on the southbound off-ramp is: one left-turn lane and two right-turn lanes o Add a southbound right-turn phase to run concurrently with the eastbound through phase by taking green time from the westbound through phase The implementation of the changes to the SR-41 southbound off-ramp at Jensen Avenue listed above would reduce queuing on the SR-41 southbound off-ramp. These changes in combination with the improvements to the SR-99/Jensen Avenue, SR-41/North Avenue, and SR-99/Fresno Street interchange listed in Mitigation Measure TRANS-7.2, would reduce freeway off-ramp queuing under cumulative conditions. Table 4.14-18 in Chapter 4.14 of the Draft EIR presents the estimated freeway off-ramp queues with the improvements presented in Mitigation Measure TRANS-7.2 and TRANS-7.3 (refer to Appendix G for calculations). While these changes would reduce the 95th percentile queues on freeway off-ramps to within the available storage on the off-ramp, these improvements require alterations to signals operated by Caltrans as well as physical expansion of intersections and ramps that are under Caltrans jurisdiction. Since these improvements are not within the City of 42 Fresno’s jurisdiction to control, it cannot be guaranteed that these improvements will be implemented. Finding: The improvements to the SR-99/Jensen Avenue, SR-41/North Avenue, and SR- 41/Jensen Avenue interchanges require changes to intersections and ramps under Caltrans jurisdiction. Therefore, the City of Fresno cannot guarantee that these changes will be implemented. In addition, some of the improvements to the SR-99/Fresno Street interchange are physically infeasible. Therefore, the proposed Plan’s cumulative contribution to unacceptable freeway off-ramp queuing at these off-ramps remains significant and unavoidable. Pursuant to CEQA Guidelines Section 15091(a)(3), specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final PEIR. SECTION 9 PROJECT ALTERNATIVES Section 15126.6(a) of the State CEQA Guidelines requires that an environmental impact report include a “reasonable range of alternatives to the project, or to the location of the project, which avoid or substantially lessen any significant effects of the project.” Based on the analysis in the EIR, the Plan would be expected to result in significant and unavoidable impacts to Aesthetics; Agriculture and Forestry Resources; Air Quality; Greenhouse Gas Emissions; Noise; and Transportation and Traffic. The EIR alternatives described below were designed to avoid or reduce these significant unavoidable impacts, white attaining at least some of the proposed Plan objectives. The City Council has reviewed the significant impacts associated with the reasonable range of alternatives compared to the proposed Plan, and in evaluating alternatives has also considered each alternative’s feasibility, taking into account a range of economic, environmental, social, legal, and other factors. In evaluating the alternatives, the City Council has also considered important factors listed in the Statement of Overriding Considerations, contained in Section 10 below. Public Resources Code Section 21081(a)(3) provides that when approving a project for which an environmental impact report has been prepared, a public agency may find that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report and, pursuant to Section 21081(b) with respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment as more fully set forth in Section 8 below. 43 As part of the environmental review process, the City prepared two alternatives in the EIR, which are described in detail in Chapter 5, Alternatives to the Proposed Plan, in the Draft EIR. The alternatives analyzed included the following: No Project Alternative Description: Pursuant to CEQA Guidelines Section 15126.6(e)(1), the No Project Alternative is required as part of the “reasonable range of alternatives” to allow decision makers to compare the impacts of approving the proposed Plan with the impacts of taking no action or not approving the proposed Plan. Under this alternative, the proposed Plan would not be implemented, and the Plan Area would remain in its current condition with future development occurring in accordance with the objectives and policies of the Fresno General Plan. The following provides a general description of the differences between the No Project Alternative and the proposed Plan. • Housing. The total number of projected housing units in the proposed Specific Plan is lower than the General Plan’s total number of housing units. The General Plan’s ratio of single-family housing to multi-family housing within the Plan Area is 61 percent single- family housing to 39 percent multi-family housing. The proposed Plan’s ratio is 70 percent single-family housing to 30 percent multi-family housing in the Plan Area. Therefore, housing developed under the proposed Plan would result in 575 fewer dwelling units than the total number of dwelling units proposed within the Plan Area under the General Plan. However, under the Dual Designation Scenario, the ratio would be 59 percent single family housing to 41 percent multi-family housing, and would result in 408 more dwelling units developed within the Plan Area than under the General Plan. • Commercial. Under the Standard Development Scenario, the amount of commercial development in the Plan Area is greater under the proposed Specific Plan than in the General Plan by approximately 222,000 square feet. Several factors contribute to this increase, including new areas designated as corridor/center mixed-use, neighborhood mixed-use, regional commercial, and community commercial. However, under the Dual Designation Development Scenario, the amount of commercial development in the Plan Area would be 110,235 square feet less than the General Plan. • Employment. Under the Standard Development Scenario, the projected amount of employment space in the Plan Area (i.e., office, business park, regional business park, light industrial, and heavy industrial uses) under the proposed Specific Plan is less than in the General Plan by approximately 1 million square feet. The reason for this decrease is because of the change of business park and regional business park uses to other land uses such as residential, park, mixed use, and commercial. However, under the Dual Designation Development Scenario, the amount of employment space would be 708,985 square feet more than the General Plan. • Parks/Open Space. The proposed Plan includes a refined definition of parkland compared to the definition in the adopted General Plan. As a result, the Plan Area’s total 44 park acreage in the proposed Plan under the Standard Development Scenario is less than in the General Plan because the General Plan counts the 112 acres directly east of the Regional Sports Complex, as well as the 16-acre Hyde Park, as parkland. Since these areas do not provide locally-serving park facilities, they were removed from the inventory of park land in the Plan Area. With the exclusion of the 112-acre Regional Sports Complex from the General Plan’s parks/open space development capacity, the amount of parkland within the Plan Area under the proposed Plan is slightly less than the General Plan’s park acreage. In addition, the amount of parks/open space in the SOI increases more significantly in the proposed Plan by 55 acres, largely because of the new parkland located directly to the west of the Regional Sports Complex that is accessible to residents of the Plan Area. Under the Dual Designation Development Scenario, the dual land use pattern is assumed, which results in zero acres of parkland within the Plan Area. • Public Facilities. The amount of public facilities development in the proposed Plan under the Standard Development Scenario is larger than the amount in the General Plan (1,767,687 square feet; 135 acres). The primary reasons for this increase include the re- designation of the aforementioned 112-acre landfill from park to public facilities, the inclusion of a new college in the MLK Activity Center, and the re-designation of single- family housing to public facilities along North Avenue in an effort to create a buffer between residential areas and nearby industrial uses. However, under the Dual Designation Development Scenario, the amount of public facilities development is less than the amount in the General Plan (317,895 square feet; 25 acres). In general, the development capacity in the proposed Specific Plan is higher due to the increased area of land designated for public facilities compared to the General Plan. While this is partially offset by the reduced area designated for employment uses, the overall development capacity would be higher. Comparison to the Plan: The No Project Alternative would result in fewer impacts to air quality, GHG emissions, population and housing, transportation and traffic, and utilities and service systems when compared to the proposed Plan. The No Project Alternative would avoid all of the significant-but-mitigable and significant and unavoidable impacts related to implementation of the Plan given that the Plan would no longer be implemented under this alternative. Finding: Although implementation of this alternative could avoid impacts that would otherwise occur as a result of implementation of the proposed Plan, the No Project Alternative proposed would not meet any of the Plan objectives. While some development would still occur in the Plan Area based on the Fresno General Plan, the development would not Mixed-Use Corridor Alternative Description: The purpose of the Mixed-Use Transit Corridor Alternative is to provide an alternative that could reduce potential impacts from future development when compared to the 45 proposed Plan. This alternative would focus growth along California Avenue, which is currently designated for Bus Rapid Transit (BRT). Additional growth would be focused along the South Elm Avenue corridor, which could provide a transit connection to the California Avenue BRT project at a later date. Under this alternative, the CMX (Corridor/Center Mixed-Use) land use designation would be applied along the north side of the California Avenue corridor, and along the portions of the South Elm Avenue corridor currently proposed for C (Community Commercial), and NMX (Neighborhood Mixed-Use). The proposed land use intensities in other portions of the Planning Area would be reduced to achieve an overall reduction by about one- third of the development capacity projections of the proposed Plan. The policies in the proposed Plan would apply under this alternative; however, the overall development footprint would be lower under the Mixed-Use Transit Corridor alternative. Comparison to the Plan: The Mixed-Use Corridor Alternative would result in fewer impacts to agricultural resources, air quality, biological resources, cultural and tribal resources, GHG emissions, population and housing, public services and recreation, transportation and traffic, and utility and service systems. Therefore, this Alternative would have the fewest environmental impacts as compared to the other two alternatives, and would be considered the environmentally superior alternative. However, this alternative would meet some, but not all, of the project objectives. Finding: The Mixed-Use Corridor Alternative would meet many of the objectives of the proposed Plan. However, this Alternative would conflict with Objective #3 (“Provide a mix of high quality housing types, with an emphasis on single-family housing…”) because of its emphasis on multi-family housing which would not improve the availability of single-family housing to the same extent the plan would. In addition, the Alternative would not meet Objective #4 (“Attract needed retail…”) as it would bring fewer new residents to the Plan Area, potentially affecting the viability of retail which could reduce the amount of needed retail that develops in the Plan Area below what the proposed Plan would achieve. Similarly, this Alternative would conflict with Objective #8 (“Improve the quality of life in Southwest Fresno through high quality investment…”) as the reduced area of development would bring fewer people to the Plan Area, thereby potentially dis-incentivizing investment in the Plan Area and reducing the ability to achieve this Objective to the same extent that the proposed Plan would. SECTION 10 STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Fresno adopts and makes the following Statement of Overriding Considerations regarding the significant, unavoidable impacts of the Plan and the anticipated benefits of the Plan. The Council has carefully balanced the benefits of the Plan against any adverse impacts identified in the EIR that could not be feasibly mitigated to a level of insignificance. Notwithstanding the identification and analysis of impacts that are identified in the EIR as being significant and which have not been eliminated, lessened or mitigated to a level of insignificance, the Council, acting pursuant to CEQA 46 Guidelines Section 15092 and 15093, hereby determines that significant effects on the environment found to be unavoidable in Section 6 above, are acceptable due to overriding concerns described herein. Based on the objectives identified in the Plan and EIR, the Council has determined that the Plan should be approved, and the unmitigated environmental impact attributable to implementation of the Plan are outweighed by the following specific environmental, economic, fiscal, social, housing and other overriding considerations, each one being a separate and independent basis upon which to approve the Plan. Substantial evidence in the record demonstrates the City would derive the benefits listed below from adoption and implementation of the Plan. Along with the benefits identified below, some policies from the proposed Plan have been included which provide support for each of the benefits. While the Plan includes a variety of policies that independently and collectively serve to achieve such benefits, only a few were included as substantial evidence in the record to support the Statement of Overriding considerations provided below. Economic Benefits A. The Plan would promote a vibrant economy by supporting a diversity of business and employment opportunities. Policies that support this benefit include Policy LU-2.3, Policy LU-2.6, Policy LU-6.1, and Policy LU-7.3. B. The Plan will increase economic and educational opportunity through programs, services and facilities to prepare, mentor and train Southwest Fresno residents to access high quality employment opportunities by specifically identifying two magnet cores to accommodate regional retail as well as educational and/or medical facilities and by encouraging both new educational and job training programs within the plan area and by encouraging coordination with existing programs. Policies that support this benefit include Policy LU-1.1, Policy LU-7.2, Policy PF-6.1, and Policy PF-7.1. C. The Plan provides for more commercial development compared to the Plan Area under the General Plan, which would support increased property and sales tax revenues. Policies that support this benefit include Policy LU-2.7, Policy LU-6.1, Policy LU-7.1, and Policy LU-7.3. Environmental Benefits D. The Plan is environmentally superior to the existing General Plan, as discussed in Chapter 5 of the Draft EIR. Policies that support this benefit include Policy LU-8.4, and Policy LU-8.6. E. The Plan enhances transportation connectivity both within Southwest Fresno and between Southwest Fresno and other Fresno neighborhoods in order to provide more access to economic, social and educational opportunities. Policies that support this benefit include Policy LU-2.1, Policy LU-3.1, and Policy LU-3.2. F. The Plan concentrates growth in existing urbanized areas and thereby results in fewer impacts from the construction of new infrastructure, maximizes use of existing impervious surfaces, provides multi-modal transportation opportunities, and reduces vehicle miles traveled, which translates into air quality and greenhouse gas emissions benefits and increases in resources and energy efficiency. Policies that support this benefit include Policy LU-4.3, Policy LU-4.6, Policy PF-1.1, and Policy PF-2.1. 47 G. The Plan would rezone existing parcels zoned for industrial use to non-industrial use which will, over time, phase out industrial uses within the Plan Area. This will contribute to a healthier environment by improving air quality in the area by encouraging the relocation of industrial uses to areas of the City more suitable for such uses and away from residential land uses. Policies that support this benefit include Policy LU-8.1, Policy LU-8.4, and Policy LU-8.5. H. The Plan includes policies and mitigation measures, enforceable through the MMRP. I. The Plan would attract needed retail, such as department stores, restaurants, and grocery stores, in order to serve resident needs with fewer, shorter vehicle trips. Policies that support this benefit include Policy LU-1.1, Policy LU-2.3, Policy LU-2.5, Policy LU-2.6, and Policy LU-2.7. Social Benefits J. The Plan would create a healthy community that offers a positive physical, social, natural and economic environment to support the health and wellbeing of all its members. Policies that support this benefit include Policy LU-3.1, Policy LU-3.2, Policy LU-6.4, Policy T-1.1, and Policy T-1.5. K. The Plan serves to attract high quality new development while protecting existing neighborhoods by encouraging revitalization of existing corridors by attracting new development that follows enhanced designs standards aimed at retaining the unique character of the existing corridors, and by encouraging programs that will fund the rehabilitation of older neighborhoods while maintaining their residential character. Goals and their subsequent policies that support this benefit include Goal LU-2 , Goal LU-3, and Goal LU-4 L. The Plan provides a mix of high quality housing types, with an emphasis on single-family housing that is compatible with community character and located close to amenities such as parks, schools, transit, services, shopping and employment. Policies that support this benefit include Policy LU-1.1, Policy LU-2.4, Policy LU-2.5, and Policy LU-2.7. M. The Plan provides quality open space and recreational opportunities by improving existing parks and creating new parks within walking distance (1/2 mile) of all residences. Specifically, the Plan calls for first improving the condition of existing amenities in parks, and then renovating existing parks to provide new amenities, as well as transforming vacant or underutilized parcels into park uses. The Policies that support this benefit are Policy PF-2.1, Policy PF-2.1, and Policy 2.3. N. The Plan improves the quality of life in Southwest Fresno through high quality investment, compatible land uses, increased park and recreational opportunities and a multi-modal and connected transportation system. Specifically, the Plan calls for installation of new sidewalks and improvement of existing sidewalks to current Development Code standard to provide a sufficiently wide path for travel; enhancement of streetscapes with lighting, outdoor seating, and planters; implementation of bicycle facilities contemplated in the ATP, as well as secure bicycle parking; and creation of a scenic and well-connected trail system. Goals and their subsequent policies that support this benefit include Goal T-1, Goal T-2, Goal T-3, Goal T-4, and Goal T-5. Exhibit Q Resolution Approving Plan Amendment Application No. A-17-13 BrawleyElmEastMarksWestWalnutNorth California Jensen Kearney Muscat Annadale Church OrangeFigCherryHughesFruitValentineBlythe!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ·|}þ ·|}þ ·|}þ ·|}þ ·|}þ 180 99 41 99 41 Date: 9/29/2017 LEGEND Edi son Commu nity Plan Are a (1 0,01 9 Acres) City L imit s !!Sph ere of In fl uen ce Ediso n Com munit y P lan A rea ®Developmen t and R eso urce Mana gement Depa rtment Disclaimer: This map is believed to be an a ccu rate represe ntationof the City o f Fresn o GIS data, however we ma ke nowarranties either expressed o r implied for c orrec tn essof this data. 0 1 20.5 MilesSource: City of Fre sno De velop me nt a nd Reso urce Mana gemen t Long Ra nge Plan ning Division. Exhibit R Resolution Approving Plan Amendment Application No. A-17-14 41 41 180 99 99 NMXNMX NMXNMX OO OO OO OO OORR GG CMXCMX CMXCMXCMXCMX CCCC CC PBPB PBPB PBPB PBPB PBPB PBPPBPPBPB PBPB PBPB PP CPCP CPCP NPNP NPNP NPNP CZCZ RPRP AA PG&EPG&E HOSPHOSP EE MM PBPB PBPB CC EE RR CC NP*NP* NP*NP* EE CC NPNP NPNP EE MM NCNC WRWR NCNC PBPPBP PFPF PFPF PFPF CC NMXNMX CC CC CPCP RR CZCZ CMXCMX CMXCMX EE NMXNMX PFPF OSOSOSOS NPNP Medium Density Residential to Neighborhood Mixed-Use2 WEST AVECRYSTAL AVECALIFORNI ACTTEILMAN AVEJENSEN AVEVAGEDESAVEATCHISON ST OLEANDER AVE ARTHUR AVEKEARNEY BLVD NIELSEN AVE CLARA AVEWOODWARD AVELEAD AVELILY AVEBLOSSER AVEGEORGEAVEILA AVECALWA AVE LORENA AVE KNIGHT AVEC H U R C H R D DUNN AVE BELGRAVIAAVE DELNOAVEHAWESAVE MYERS AVE GEARY ST VALENCIA AVE EDEN AVE BYRD AVE KAVILAND AVE GROVE AV E GARRETT AVE FLORENCE AVE TE ILMANCIRPLEASANT AVEVINE AVE DOROTHY AVELAFAYETTE AVESAMSON AVEFRUIT AVETHORNE AVEBARDELL STLA S IERR A DR ELM AVEKIRK STNORTH AVE ANNADALE AVE ALMY AVE ROY AVE RO ED ING D R TULARE STG S T PLUMAS STPICKFORD AVEDIVISADERO ST M ERCED STR S T LO S ANG ELES STNICHOLAS AVEC S T M O NTEREYSTBRALY AVETUOLUMNESTA S T SAN BENITO STSTAN ISLAUS STWOODWARD AVE M S TCALAVERASSTB R O A D WA Y P L Z VEN TURASTR A IL R O A D A V EMARIPOSA STS A N T A F E A V E P A R K WA Y DR ROOSEVELT AVEANNA STBLACKSTONE AVEBELGRAVIA AVE ILLINOIS AV E GRANT AVE H S T AMADOR ST E S T WA T E R M A N A V E M A Y O R A V E U STK L E T T E A V E M ARIPO SA STJ ON E S A V E IR WI N A V E KERN STIN YO STM O N O STSAN TACLARASTSTROTHER AVE IVY AVEO S T FAIRVIEW AVEB S TARTHUR AVEFRUIT AVEEL DORAD O STCHERRY AVEPACIFIC AVEF U LT O N M A L L TUPMAN STCAPITO L STT S T LEM ON AVE ONEILAVE GENEVA AVESAN JOAQUIN ST C H I N A A L Y F S T EUNICE AVEH O ME R U N A L Y L S T C O LLI N S A V E S S T A / B A L Y F A G A N A L Y Q S T WELLER STFERGER AVEPOPPY AVEHUMBOLDT AVEWAYTE LNNAPA AVE LOTUS AVEFERGER/PALM ALYEDGAR AVE AIRPORT RD G O L D E N S T A T E B L V D WALNUT AVEV A N N E S S A V E TRINITY STMODOC STCH A N N I N G WAYF U LT O N S T FRESNO ST P O T T L E A V EECHO AVEM A R TI N A V E MAUD AVEP S T N S T CHAN DLER AVE LEE AVEROSE AVEMA D D YDRPALM AVECOLLEGE/VANNESSALYSARAH STGLENN/SAN PABLO ALYB RO A DW A Y STEPHENS AVEFARRIS AVEMARKS AVEJENSEN AVE CHURCH AV E VALENTINE AVEMAD ISO N AVE KEARNEY BLVD WALNUT AVEFRUIT AVEELM AVEHUGHES AVEHUGHES AVEWEST AVEBRAWLEY AVEVALENTINE AVEBRAWLEY AVECENTRAL AVE ANNADALE AV E NORTH AV E MARKS AVECA LIFO RNIA AV E WHITES BRIDGE AVE MLK JR. BLVDFIG AVESource: City of FresnoFIGURE 3-2 Land Use Map for Plan Area (REVISED 10-6-17) 2 1 3 RESIDENTIAL EMPLOYMENT MIXED-USE OPEN SPACEPUBLIC FACILITIES COMMERCIAL OfficeO ParkP Clear ZoneCZ Neighborhood Park NP Community ParkCP Regional Park RP Ponding BasinPB Ponding Basin ParkPBP Neighborhood Park* NP*Corridor/Center Mixed-Use CMX Neighborhood Mixed-Use NMX CollegeC Elementary SchoolE Public FacilityPF Middle SchoolM AirportA HospitalHOSP Neighborhood Center NCPG&E StationPG&E Water Recharge Basin WR RegionalR ChurchCH Community C *The exact location of the parks within the Mission Ranch development will be determined in a future planning process. Medium Density (5 - 12 du/ac) Medium High Density (12 - 16 du/ac) Urban Neighborhood (16 - 30 du/ac) Medium Low Density (3.5 - 6 du/ac) Low Density (1 - 3.5 du/ac) Sphere of InfluenceCity Limit 00.25mi 0.25mi Plan Area Note: Dual land use designations for proposed public facilities and open space are shown on Figure 3-3. GeneralG Open Space OS PROPOSED CHANGES TO SPECIFIC PLAN LAND USES Corridor/Center Mixed-Use to Elementary School 1 1 Land Use Changes within Martin Luther King Jr. Boulevard (MLK) Activity Center 3 3 Medium Density Residential to Neighborhood Mixed-Use 2 2 OO Exhibit S Resolution Approving Plan Amendment Application No. A-17-15 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVECALAVERASSTKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST DIVISADERO ST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEBERANWAYVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITES BRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVECMX CMX PB PB PB PB PB PB PB NP NP NP NP P CP A E E E M M M RUN RUN RUN P PB/P NMX NMX C C C C C O O O O CZ RUN RUN RUN RUN R R CMX E E NP NP NP RM R CPF CP 99 180 41 Proposed L and Use C hanges in the S outhwest F resno S pecific Plan A rea ®Development and Resource Management Department Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles Date: 10/6/2017 Legend Proposed Land Use Changes - 870 Total Acres RESID ENTIAL Medium Low Density (3.5-6 D.U./acre) Medium Density (5.0-12 D.U./acre) Urban Neighborhood (16-30 D.U./acre) COMMERCIAL Community Regional EMPLOYMENT Office OPEN SPACE Clear Zone Neighborhood Park Park Ponding Basin (Park use) Boundaries Southwest Fresno Specific Plan Boundary !!Fresno Sphere of Influence PUBLIC FACILITIES Public/Quasi-public Facility Elementary SchoolEMIXED USE Neighborhood Mixed Use Corridor/C enter Mixed Use NMX CMX CZ NP P PB/P O C RUN !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ANNASTARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIAAVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIAAVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVECALAVERASSTKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE FRUITAVEELMAVELST DIVISADERO ST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST P ST F ST HAWESAVE N ST SANTAFE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST T ST LST LILYAVEWESTAVEPARKAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEDIANASTKIRKSTIVYAVELILYAVEWELLERSTELMAVEABBYSTGENEVAAVECHERRYAVEEFFIESTE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST POPLARAVEGLENNAVEGSTLOTUSAVEVINE AVE DOROTHY AVE FLORENCE AVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE EDGAR AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIAAVE WESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISONAVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEMARKSAVEWALNUTAVEELMAVENIELSENAVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVERUN O O RUN O CMX O CMX 99 180 41 Date: 10/6/2017 Proposed Dual Land Use in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles LegendRESIDENTIAL Me dium Low Density (3 .5-6 D.U./a cre) Me dium Density (5 .0-12 D.U./a cre ) Me dium High Den sity (12-16 D.U./acre) Urban Neig hborho od (16-30 D.U./acre)EMPLO YMEN T Office BOUND ARIES So uth west Fre sn o Sp ecific Pla n Bo undary !!Fresno Sphere of Influ ence MIXED USE Corridor/Center Mixed UseCMX RUN O Exhibit T Ordinance Bill Approving Text Amendment TA -17-08 Exhibit U Ordinance Bill Approving Rezone Application No. R-17-17 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVEKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVEPR OS OS PR 99 180 41 Date: 10/13/2017 Proposed Overlay Districts in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department LEGENDSouthwest Fresno Specific Plan Area Overlays Kearney Boulevard Historic Corridor (KB) Overlay District - 50.65 Acres California Avenue Transit Corridor (CA) Overlay District - 40 Acres Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles Boundaries Southwest Fresno Specific Plan Boundary !!!Fresno Sphere of Influence Exhibit V Ordinance Bill Approving Rezone Application No. R-17-18 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!·|}þ ·|}þ ·|}þ CHURCH AVEHUGHESAVEWESTAVECRYSTALAVEVALENTINEAVETEILMANAVEH ST THORNEAVEKEARNEY BLVD C ST CALIFORNIA AVETRINITYSTR OEDIN G DR FRESNOSTA STOLEANDERAVE M ST LEEAVEBROAD W AY ARTHURAVEIVYAVECHERRYAVECLARAAVELORENA AVE WALNUTAVEFRUITAVECALIFORNIA AVETULAREST INYOSTMONOSTFRESNOSTCHURCH AVE MERCEDSTINYOSTTUOLUMNESTKERNSTBELGRAVIA AVE VENTURASTNORTH AVE L A S IE R R A D R FSTP ST H ST N ST ILAAVELEEAVEFAIRVIEWAVEO ST MARTINLUTHERKINGJRBLVDJENSEN AVEMARTINLUTHERKINGJRBLVD NORTH AVEMARKSAVECHURCHAVE FIGAVEWESTAVEKNIGHTAVEARTHURAVECLARAAVEDELNOAVECALIFORNIA AVE ELMAVELST N S T FRUITAVEFRUITAVECHERRYAVEGEARY ST IVYAVEE ST DELNOAVELST C ST B ST F ST M ST C ST C ST B ST C ST C ST LST M ST FULTO N ST H ST LST F ST H ST N ST E ST H ST B ST B ST A ST A ST F ST F ST HAWESAVE N ST SANTA FE AVE P ST M S T Q ST O STN ST R STP ST A ST S ST M ST B ST G ST R O E DIN G D R F ST LST LST LILYAVEWESTAVECALIFORNIAAVE GEARY ST LEEAVEFLORENCE AVE CHERRYAVEEDEN AVE KAVILAND AVE EUNICEAVEIVYAVEKIRKSTIVYAVELILYAVEWELLERSTELMAVEGENEVAAVECHERRYAVEE ST LILYAVEELMAVEIVYAVEANNADALE AVE GROVE AVE KERNSTROSEAVEKIRKSTJENSEN AVEELDORADOST DATE AVE BYRD AVE TUPMANSTO ST M STE ST LOTUSAVEVINE AVE DOROTHY AVE FLORENCEAVE ANNADALEAVEPRIVATEAMADORST ANNADALE AVECRYSTALAVEDANRONQUILLODR ROY AVE ALMY AVE AIRPORT RD PROSPECTAVEGROVE AVE CHERRYAVELAFAYETTEAVEEDEN AVE NIELSEN AVE TEILMANAVECHURCH AVE PROSPECTAVEANNADALE AVE KEARNEY BLVD LOTUSAVEHOLLYAVEELMAVEPOPPYAVEPOPPYAVEVALENTINEAVEEL DORADO ST HOLLYAVEWALNUTAVEDUNN AVE ANNADALE AVE PRIVATEDRMARKSAVEGOLDENSTATEBLVDVALENTINEAVESAMSON AVE CHANDLERAVE G ST NORTH AVE HUGHESAVEIVYAVEWHITESBRIDGE AVE NORTH AVE CHURCH AVE JENSEN AVE DAN RONQUILLO DR E ST G ST MUSCATAVEWHITES BRIDGE AVE NORTH AVE NIELSEN AVE CALIFORNIA AVE JENSENAVEWESTAVENIELSEN AVE CALIFORNIA AVE HUGHESAVEMARKSAVEMADISON AVE VALENTINEAVEKEARNEYBLVD NORTH AVE FRUITAVEMARKSAVEANNADALEAVEMARKSAVEWALNUTAVEELMAVENIELSEN AVE FRUITAVEKEARNEY BLVD JENSEN AVE PRIVATEELMAVEFRUITAVEWALNUTAVEWESTAVEO RM-1 O O RM-2 O O *** ** * *** * RM-2 RM-2 RM-2 RM-2 RS-4RS-4 RS-4 RS-4 RS-4 RS-4 NMX NMX NMX NMX NMXRS-5 RS-5 RS-5 RS-5 RS-5RS-5 CR CR O O O O O O OO CMX CMX CC CC CC CC CC CC CC CC CCCC CC PR OS CMX OS RS-4 99 180 41 Date: 10/18/2017 Proposed Zoning Changes in the Southwest Fresno Specific Plan Area ®Development and Resource Management Department Proposed Zoning District Changes RS-4 - Residential Single-Family, Medium Low Density RS-5 - Residential Single-Family, Medium Density RM-1 - Residential Multi-Family, Medium H igh D ensity RM-2 - Residential Multi-Family, Urban Neighborhood NMX - N eighborhood Mixed Use CMX - C orridor/Center Mixed Use CC - C ommercial Community CR - C ommercial Regional O - Office OS - Open Space PR - Park and Recreation PI - Public and Institutional Disclaimer: This map is believed to be an accurate representation of theCity of Fresno GIS data, however we m ake no warrantieseither expressed or im plied for correctness of this data. 1 in = 1 miles * Site planned as Park or Public Facility but zoned to match dual designation. Boundaries Southwest Fresno Specific Plan Boundary !!Fresno Sphere of Influence Exhibit W Resolution Authorizing the DARM Director to Update Text… City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1418 Agenda Date:10/26/2017 Agenda #:3-A REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:BRIAN S. SPINDOR, PE, Assistant Director Department of Public Utilities, Water/Wastewater Divisions BY:JOHN TURNIPSEED, Project Manager Department of Public Utilities - Water Division SUBJECT Amend agreement with Infor to increase Enterprise Asset Management (EAM)software seat licensing within the Department of Public Utilities. (Citywide). RECOMMENDATION Staff recommends that Council approve an amendment to the contract with Infor in the amount of $155,272.45 for additional Enterprise Asset Management (EAM)software seat licensing to be used within the Department of Public Utilities. EXECUTIVE SUMMARY The Department of Public Utilities,Wastewater Management Division (WMD),has an existing agreement with Infor for the purchase and support of Enterprise Asset Management (EAM)at the Regional Wastewater Reclamation Facility (RWRF).This Amendment will provide for additional software seat licensing to increase the number of users who can utilize the software and first year software maintenance support for the additional licenses.The increase in seat licenses will be extended to the Department of Public Utilities,Water Division,to manage the operations and maintenance of vertical assets in the electrical and production sections,Surface Water Treatment Facility, and for inventory control in the Water Division’s Warehouse. BACKGROUND Prior to EAM,the WMD had been using Datastream MP2 Computerized Maintenance Management System (CMMS)for the operation and maintenance of assets at the RWRF since 1989.On January City of Fresno Printed on 3/6/2023Page 1 of 4 powered by Legistar™ File #:ID17-1418 Agenda Date:10/26/2017 Agenda #:3-A System (CMMS)for the operation and maintenance of assets at the RWRF since 1989.On January 5,2006,Infor signed an agreement to acquire Datastream.Through this acquisition,Infor started requiring their customers to upgrade from MP2 to EAM,as Infor was no longer going to support MP2. In 2007,the WMD purchased and continues to maintain the following EAM seats in Table 1 from Infor for $33,906.00. Table 1 QtyDescription 10 Concurrent Seats 2 Concurrent Requestor Seats 1 Named Mobile Seat 1 Named Barcode Seat This amendment to the existing agreement will allow the Department of Public Utilities to use existing customer pricing with Infor rather than new customer pricing for the additional licenses.This equates to an approximately 50%cost reduction and a savings of over $150,000 for the additional software licenses and ongoing annual maintenance as shown in Table 2. Table 2 New Customer PricingExisting Customer Pricing #Description Additional Seats Per Seat Pricing Total Per Seat Pricing Total Savings 1 Named Seat 25 $3,840.00$96,000.00$1,920.00 $48,000.00 $48,000.00 Annual Maintenance $768.00 $19,200.00$422.40 $10,560.00 $8,640.00 2 Requestor Seat 2 $150.00 $300.00 $75.00 $150.00 $150.00 Annual Maintenance $30.00 $60.00 $16.50 $33.00 $27.00 3 Advanced Reporting Author 1 $1,049.00$1,049.00$187.50 $187.50 $861.50 Annual Maintenance $209.80 $209.80 $41.25 $41.25 $168.55 4 Advanced Reporting Consumer 25 $300.00 $7,500.00$142.50 $3,562.50 $3,937.50 Annual Maintenance $60.00 $1,500.00$31.35 $783.75 $716.25 5 Barcoding 1 $995.00 $995.00 $497.50 $497.50 $497.50 Annual Maintenance $199.00 $199.00 $109.45 $109.45 $89.55 6 Mobile 50 $2,995.00$149,750.00$1,497.50 $74,875.00 $74,875.00 Annual Maintenance $599.00 $29,950.00$329.45 $16,472.50 $13,477.50 7 Language Manager 1 $0.00 $0.00 $0.00 $0.00 $0.00 Annual Maintenance $0.00 $0.00 $0.00 $0.00 $0.00 $306,712.80 $155,272.45$151,440.35 The additional seat licenses will allow the Water Division to utilize the following EAM modules. 1.Asset Management -Record,maintain,structure,and standardize asset information.Capture the identity,configuration,and structure of physical assets,their complete technical and commercial configurations,and current position (either by location,functional position,or tag) as well as past locations and maintenance history City of Fresno Printed on 3/6/2023Page 2 of 4 powered by Legistar™ File #:ID17-1418 Agenda Date:10/26/2017 Agenda #:3-A 2.Work Management -Manage,plan,and monitor work and the resources necessary to complete work.Create standard,regular,and preventative maintenance (PM)work orders and schedules,and define work information such as supervisors,permits,qualifications, employees, shifts, tools, and checklists. 3.Materials Management -Determine the correct stocking levels to provide an acceptable service level of parts and supplies to meet anticipated demand from maintenance.Minimize the working capital invested in stocked parts and supplies and automate storage room management,purchase requisitioning,goods receipts and returns,parts repair,and record keeping. 4.Procurement Management -Manage the purchasing cycle from requisition creation, approvals,supplier selection,purchase order placement,and goods receipt through invoice matching. Ensure the selection of qualified suppliers and obtain best price and delivery terms. 5.Project Management -Automate the administration of the complete project process from initial budget and time-scale planning to completion of the final work.Facilitate comparison of actual status and progress of work, resource usage, and costs against a project plan. Total compensation for the agreement amount is $155,272.45. There is a one-time seat license purchase cost of $127,272.50, and $27,999.95 for the first year's software maintenance cost. This maintenance cost will be an ongoing charge to be paid annually as long as we own and use the software. With the Amendment,the Department of Public Utilities will have the ability to make full use of the EAM software capabilities and allow for improved customer service,increased staff efficiency,and greater fiscal management. The agreements have been approved as to form by the City Attorney’s Office and the City Manager has approved the sole source purchase of additional software licenses pursuant to AO 3-3. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a “project”and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE N/A -Local preference is not considered because the purchase of software is coming directly from the developer. FISCAL IMPACT This project will have no impact to the General Fund. Funding has been appropriated in the FY 2018 Water Division budget under CIP WC87. City of Fresno Printed on 3/6/2023Page 3 of 4 powered by Legistar™ File #:ID17-1418 Agenda Date:10/26/2017 Agenda #:3-A Attachments: Sole Source Memo Order Form Software License Agreement Software Support Agreement City of Fresno Printed on 3/6/2023Page 4 of 4 powered by Legistar™ II SOFTWARE LICENSE AGREEMENT AGREEMENT NUMBER: __ THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between lnfor (US), Inc. ("lnfor") and the City of Fresno ("Licensee" or "City") as of the Effective Date. The parties agree as follows: 1. Definitions. (a) "Affiliate" means any entity, directly or indirectly, controlling, controlled by, or under common control with, lnfor. (b) "Component System" means any one of the computer software programs which is identified in the applicable Order Form as a Component System. "Component Systems" refers, collectively, to every Component System listed in the applicable Order Form between the parties. (c) "Confidential Information" means non-public information of an Affiliate or a party to this Agreement that is identified as or would be reasonably understood to be confidential and/or proprietary. Confidential Information of lnfor includes, without limitation, the Documentation, the Component Systems, all software provided with the Component Systems and all algorithms, methods, techniques, code (Source Code and Object Code) and processes revealed or utilized therein. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Recipient; (ii) the Discloser regularly discloses to third parties without restriction on disclosure; (iii) the Recipient obtains from a third party without restriction on disclosure and without breach of a non-disclosure obligation; or (iv) is independently developed by the Recipient without access to Confidential Information. (d) "Delivery Address" means the Licensee shipping address set forth in the applicable Order Form as the Delivery Address. (e) "Delivery Date" means, for each Component System, the earliest of (a) the date that lnfor places the Component System with a shipping agent, F.0.8. Shipping Point, for shipment to the Delivery Address or such other address Licensee specifies, (b) the date lnfor provides Licensee electronic access to the Component System by, for example, providing Licensee a URL, where the Component System is available for immediate electronic download along with access codes permitting download and access to the Component System, or (c) the date that Licensee actually receives the Component System. (f) "Discloser" means the party providing Confidential Information hereunder. (g) "Documentation" means the then-current lnfor-provided operating and technical documentation relating to the features, functions and operation of a Component System. (h) "Documented Defect" means a material deviation between the then-current, general release version of the Component System and its Documentation, for which Documented Defect lnfor Software License Agreement ( Page 1 of 14 Licensee has given lnfor enough information for lnfor to replicate the deviation on a computer configuration which is both substantially similar to the Equipment and is under lnfor's control. (i) "Effective Date" means the date identified on the signature page of this Agreement as the Effective Date. U) "Equipment" mean the hardware and/or systems software configuration (e.g., the computer, computer platform, operating systems and/or data base management system) specified in the Order Form, or, in the absence of any such specification in the Order Form, the hardware and/or systems software configuration on which lnfor generally supports use of the Component System. (k) "Intellectual Property Rights" means any and all rights in patents, patent applications, copyrights, copyright registrations, trade secrets, trademarks and service marks (including, where applicable, all derivative works of the foregoing). (I) "Licensee Employees" means: (i) Licensee's employees with a need to know; and (ii) third party consultants engaged by Licensee who have a need to know, who have been pre-approved in writing by lnfor, and who, prior to obtaining access to the Component Systems, have executed an lnfor-approved non-disclosure agreement and paid any applicable fees. (m)"Marketing Associate" means a third party entity specified on an Order Form which has an agreement with lnfor authorizing such third party to market the Component Systems and related services, maintenance and support to Licensee. (n) "Obiect Code" means computer programs assembled, compiled, or converted to magnetic or electronic binary form, which are readable and useable by computer equipment. (o) "Order Form" means each order form or similar ordering document (including all Software Supplements) between the parties incorporating the terms of this Agreement and/or the Support Agreement that sets forth the Component Systems, associated fees and User Restrictions, among other terms. (p) "Order Form Date" means the date identified on the applicable Order Form as the Order Form Date . (q) "Recipient" means the party receiving Confidential Information hereunder. (r) "Software Supplement" means, with respect to a Component System, the addendum attached to the applicable Order Form that contains additional terms, conditions, limitations and/or other information pertaining to that Component System. If any terms of a Software Supplement conflicts with any other terms of this Agreement or the applicable Order Form, the terms of the Software Supplement will control. (s) "Source Code" means computer programs written in higher-level programming languages and readable by humans. (t) "Support Agreement" means the Software Support Agreement entered into between the parties as of the Effective Date. lnfor Software License Agreement) Page 2 of 14 (u) "Third Party Licensor" means a third party whose software products ("Third Party Products") have been made available to lnfor for distribution and licensing under the terms of its agreement with lnfor (a "Third Pa rty Agreement"). (v) "Use r Restric tion" means any Component System user restriction identified in an Order Form (for example, and without limitation, number of named or concurrent users). 2. Right to Grant License and Ownership. lnfor has the right to grant Licensee this license to use the Component Systems. lnfor either owns all right, title and interest to, or has the right to license, the Component Systems. 3. License. Subject to the terms and conditions of this Agreement and the applicable Order Form (including, without limitation, with respect to termination), lnfor grants Licensee a perpetual (unless otherwise specified on the Order Form), non-exclusive, non-transferable license (without the right to sublease or sublicense) to use the Component Systems (including any updates, enhancements or modifications to such Component Systems that lnfor provides under the Support Agreement) on the Equipment for Licensee's own, internal computing operations. The computer readable media containing the Component Systems may also contain software programs for which Licensee is not granted a license for use. Licensee may not make any use of any such software programs for which Licensee is not expressly obtaining a license for use under this Agreement. Any rights not expressly granted in this Agreement are expressly reserved. (a) Documentat ion. Except as otherwise provided in the applicable Software Supplement, Licensee may make a reasonable number of copies of the Documentation for each Component System for its internal use in accordance with the terms of this Agreement. (b) Ad ditional Re strict io ns on Use of t he Component Syste ms. Licensee's use of the Component Systems is subject to any User Restrictions specified in the applicable Order Form . Except to the extent contrary to applicable law, Licensee is prohibited from causing or permitting the reverse engineering, disassembly or de-compilation of the Component Systems. Licensee is prohibited from using the Component Systems to provide service bureau data processing services or to otherwise provide data processing services to third parties. Licensee will not allow the Component Systems to be used by, or disclose all or any part of the Component Systems to, any person except Licensee Employees. Licensee acknowledges and agrees that U.S. export control laws and other applicable export and import laws govern its use of the Component Systems and Licensee will neither export or re-export, directly or indirectly, the Component Systems, nor any direct product thereof in violation of such laws, or use the Component Systems for any purpose prohibited by such laws. Licensee acknowledges that a special security program or code ("Key") may be required to operate the Component System. Any such Key may prevent the Component System from operating (i) on any configuration other than the Equipment or (ii) for more than the maximum number of users specified in an Order Form. (c) In t ellectua l Property Righ ts Noti ce s. Licensee is prohibited from removing or altering any of the Intellectual Property Rights notice(s) embedded in or that lnfor otherwise provides with the Component Systems. Licensee must reproduce the unaltered Intellectual Property Rights notice(s) in any full or partial copies that Licensee makes of the Component Systems . (d) Potential need for software/hardware peripherals. To use any of the Component Systems, Licensee may also need to obtain, install and maintain lnfor-supported versions of certain software products, database software products and certain software/hardware peripherals. By lnfor Software License Agreement) Page 3 of 14 this notice, lnfor is advising Licensee that Licensee should request information about such necessary software products, database software products and software/hardware peripherals. (e) Source Code. Unless otherwise explicitly provided in an Order Form, Licensee has no license to access or use, or any other rights in or to, the Source Code for a particular Component System. If the Order Form grants Licensee a license to use Source Code for a particular Component System, then Licensee has the limited right to use such Source Code to modify such Component System for its own, internal computing operations. Subject to the foregoing, Licensee will not disclose all or any part of the Source Code for a Component System to any person except Licensee Employees who, before obtaining access to the Source Code, have been informed by Licensee in writing of the non-disclosure obligations imposed on both Licensee and such Licensee Employees under this Agreement. lnfor will own all right, title and interest to all derivative works of the Component System ("Derivative Works"), even if solely created by Licensee pursuant to a license to use Source Code hereunder. Licensee hereby assigns to lnfor absolutely all of its rights, title and interest in and to any Derivative Works created by the Licensee together with all Intellectual Property Rights therein. Subject to the terms and conditions of this Agreement, lnfor grants Licensee (if licensed to use Source Code hereunder) a perpetual (unless otherwise specified in the Order Form), non-exclusive, non-transferable license (without the right to sublease or sublicense) to use and copy for use the Derivative Works created by Licensee or created by lnfor at Licensee's request and payment, for Licensee's own, internal computing operations. Upon lnfor's request, Licensee will provide lnfor with a copy (including all documentation related thereto) of all Derivative Works created by Licensee and will execute and deliver to lnfor any documents reasonably necessary to vest in lnfor all right, title and interest therein. 4. Delivery. Except as otherwise provided in the applicable Order Form, the Delivery Date shall not be later than thirty (30) days after the Order Form Date. 5. Payment and Taxes. (a) Payment. Licensee will pay lnfor all license fees (as specified on an Order Form) within forty-five (45) days of the Order Form Date and all invoices within forty-five (45) days of the date of invoice. Late payments are subject to a late charge equal to the lesser of: (i) one and one-half percent (1 ~%) per month; and (ii) the highest rate permitted by applicable law. (b) Taxes and Shipping Charges. Licensee is responsible for paying all taxes (except for taxes based on lnfor's net income or capital stock) and shipping charges relating to this Agreement, the Component Systems, any services provided and payments made under this Agreement. Applicable tax amounts (if any) are not included in the fees set forth in this Agreement and any Order Form. lnfor will invoice Licensee for applicable tax and shipping amounts and such invoices are due upon Licensee's receipt thereof. 6. Limited Warranty, Disclaimer of Warranty and Remedies. (a) Limited Software Warranty by lnfor and Remedy For Breach. lnfor warrants that each Component System licensed to Licensee will operate without a Documented Defect for a period of one-hundred twenty ( 120) days from the Delivery Date. lnfor warrants that the media on which the Component System is delivered will be free of material defects in material and workmanship for a period of ninety (90) days from the Delivery Date. lnfor's sole obligation with respect to a breach of either of the foregoing warranties shall be to repair or replace the Component System or media giving rise to the breach of warranty. If lnfor is unable to repair or replace such lnfor Software License Agreement) Page 4 of 14 Component System or media within a reasonable period of time, then, subject to the limitations set forth in Section 15 of this Agreement, Licensee may pursue its remedies at law to recover direct damages resulting from the breach of the applicable warranty. The remedies in this Section 6(a) are exclusive and in lieu of all other remedies, and represent lnfor's sole obligations, for a breach of the foregoing warranties. Licensee must provide notice to lnfor of any warranty claim within the warranty period. (b) Disclaimer of Warranty. The limited warranties in this Section 6 are made to Licensee exclusively and are in lieu of all other warranties. INFOR MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE COMPONENT SYSTEMS, IN WHOLE OR IN PART, OR ANY OTHER MATTER UNDER THIS AGREEMENT. INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. INFOR EXPRESSLY DOES NOT WARRANT THAT THE COMPONENT SYSTEMS, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION OTHER THAN THE EQUIPMENT, OR WILL MEET LICENSEE'S REQUIREMENTS. (c) Abrogation of Limited Warranty. lnfor will have no obligation under this Section 6 to the extent that any alleged breach of warranty is caused by: (i) any modification of the Component System; (ii) Licensee's failure to implement changes that lnfor provides to correct or improve the Component System; or (iii) the use or combination of the Component System with any computer, computer platform, operating system and/or data base management system other than the Equipment. To the extent that an alleged breach of warranty concerns a Third Party Product that is subject to a more limited warranty under a Third Party Agreement than specified in Section 6(a) above, lnfor's obligations hereunder will be further limited accordingly. The limited warranty in Section 6(a) shall not apply to (x) updates, enhancements or modifications provided under the Support Agreement or (y) previously licensed Component Systems for which Licensee is changing User Restrictions (e.g., without limitation, adding users) under an Order Form. (d) FAILURE OF ESSENTIAL PURPOSE. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN SECTIONS 6 AND 15 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER LICENSEE HAS ACCEPTED ANY COMPONENT SYSTEMS OR SERVICE UNDER THIS AGREEMENT. (e) HIGH RISK ACTIVITIES. THE COMPONENT SYSTEMS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE COMPONENT SYSTEMS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). ACCORDINGLY, INFOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT INFOR SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM OR RELATED TO THE USE OF THE COMPONENT SYSTEMS IN SUCH APPLICATIONS. lnfor Software License Agreement) Page 5 of 14 7. Confidential Information . Except as otherwise permitted under this Agreement, the Recipient will not disclose to any third party, or make any use of the Discloser's Confidential Information. The Recipient will use at least the same standard of care to maintain the confidentiality of the Discloser's Confidential Information that it uses to maintain the confidentiality of its own Confidential Information, but in no event less than reasonable care. Except in connection with the Component Systems and any software programs provided with the Component Systems, the non-disclosure and non-use obligations of this Agreement will remain in full force with respect to each item of Confidential Information for a period of ten (10) years after Recipient's receipt of that item. However, Licensee's obligations to maintain both the Component Systems and any software programs provided with the Component Systems, including all algorithms, methods, techniques, code and processes revealed therein, as confidential will survive in perpetuity. 8. Indemnity by lnfor and Insurance Requirements. lnfor will defend, indemnify and hold Licensee harmless from and against any loss, cost and expense that Licensee incurs because of a third party claim that the Component System infringes any Intellectual Property Rights of others. lnfor's obligations under this indemnification are expressly conditioned on the following: (i) Licensee must promptly notify lnfor of any such claim; (ii) Licensee must in writing grant lnfor sole control of the defense of any such claim and of all negotiations for its settlement or compromise (if Licensee chooses to represent its own interests in any such action, Licensee may do so at its own expense, but such representation must not prejudice lnfor's right to control the defense of the claim and negotiate its settlement or compromise); (iii) Licensee must cooperate with lnfor to facilitate the settlement or defense of the claim. lnfor will not have any liability hereunder to the extent the claim arises from (a) any modification of the Component System; or (b) the use or combination of the Component System with any computer, computer platform, operating system and/or data base management system other than the Equipment. If any Component System is, or in lnfor's opinion is likely to become, the subject of an Intellectual Property Right infringement claim, then lnfor, at its sole option and expense, will either: (A) obtain for Licensee the right to continue using the Component System under the terms of this Agreement; (8) replace the Component System with products that are substantially equivalent in function, or modify the Component System so that it becomes non-infringing and substantially equivalent in function; or (C) refund to Licensee the portion of the license fee paid to lnfor for the Component System(s) giving rise to the infringement claim, less a charge for use by Licensee based on straight line depreciation assuming a useful life of five (5) years, provided that Licensee has returned or destroyed and discontinued its use of such Component System. Notwithstanding anything to the contrary herein, to the extent that a third party claim of Intellectual Property Right infringement concerns a Third Party Product that is subject to a more limited indemnification protection under a Third Party Agreement than specified herein, lnfor's obligations hereunder will be further limited accordingly. THE FOREGOING SETS FORTH INFOR'S EXCLUSIVE OBLIGATION AND LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. a. Indemnity. To the furthest extent allowed by law, lnfor shall indemnify, hold harmless and defend Licensee and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the willful misconduct of lnfor, its principals, officers, employees, agents or volunteers in the performance of this Agreement. This section shall survive termination or expiration of this Agreement. lnfor Software License Agreement) Page 6 of 14 b. Insurance requirements MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2 . The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form and shall provide coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto). If personal automobile coverage is used, the CITY, its officers, officials, employees, agents and volunteers are to be listed as additional insureds. 3 . Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4 . Technology Liability (Errors and Omissions) insurance appropriate to INFOR'S profession. Coverage shall be sufficiently broad to respond to duties and obligations as is undertaken by lnfor in this Agreement and shall include claims involving infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines penalties and credit monitoring expenses with limits sufficient to respond to these obligations. MINIMUM LIMITS OF INSURANCE INFOR, or any party the INFOR subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured: 1. COMMERCIAL GENERAL LIABILITY: (i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, lnfor Software License Agreement) Page 7 of 14 (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement. 2 . COMMERCIAL AUTOMOBILE LIABILITY: 3 . 4. $1,000,000 per accident for bodily injury and property damage. WORKERS' COMPENSATION INSURANCE as required by the State of California with statutory limits. EMPLOYER'S LIABILITY: (i) $1,000,000 each accident for bodily injury; (ii) $1,000,000 disease each employee; and, (iii) $1,000,000 disease policy limit. 5. TECHNOLOGY PROFESSIONAL LIABILITY insurance with limits of not less than : (i) $2,000,000 per claim/occurrence; and, (ii) $4,000,000 policy aggregate UMBRELLA OR EXCESS INSURANCE In the event INFOR purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers. DEDUCTIBLES AND SELF-INSURED RETENTIONS INFOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and INFOR shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either: (i) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents and volunteers; or (ii) INFOR shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions. OTHER INSURANCE PROVISIONS/ENDORSEMENTS lnfor Software License Agreement) Page 8 of 14 The General Liability and Automobile Llabllitv insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. INFOR shall establish additional insured status for the City and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance company endorsement providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85. 2 . The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents and volunteers. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to the Additional Insured. 3. For any claims relating to this Agreement, INFOR'S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers (not applicable to proessional liability policies). Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of INFOR'S insurance and shall not contribute with it. INFOR shall establish primary and non-contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that provides primary and non-contributory status as broad as that contained in ISO Form CG 20 01 04 13. The Workers ' Compensation insurance policy is to contain, or be endorsed to contain, the following provision: INFOR and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents and volunteers. If the Technology Liability insurance policy is written on a claims-made form: 1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by INFOR. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement work or termination of the Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5) year discovery period. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by INFOR, INFOR must purchase "extended reporting" coverage for a minimum of five (5) years completion of the Agreement work or termination of the Agreement, whichever occurs first. 4. A copy of the claims reporting requirements must be submitted to CITY for review . 5. These requirements shall survive expiration or termination of the Agreement. lnfor Software License Agreement) Page 9 of 14 All policies of insurance ( except for professional liability policies) required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. INFOR is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, INFOR shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, INFOR shall provide a new certificate, and applicable endorsements , evidencing renewal of such policy not less than fifteen ( 15) calendar days prior to the expiration date of the expiring policy. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. The fact that insurance is obtained by INFOR shall not be deemed to release or diminish the liability of INFOR, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by INFOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of INFOR, its principals, officers, agents, employees, persons under the supervision of INFOR, vendors, suppliers, invitees, consultants, sub- contractors, subcontractors, or anyone employed directly or indirectly by any of them. VERIFICATION OF COVERAGE INFOR shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences. All non-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. 9. Term and Termination. (a) Right of Termination . If either party materially breaches any material obligation in this Agreement or an Order Form (including, without limitation, any obligation to pay license fees), and fails to remedy such breach (if such breach can be remedied) within thirty (30) days of receipt of written notice of such breach, the other party may terminate this Agreement (including all Order Forms hereunder). Notwithstanding the foregoing, to the extent such material breach cannot be remedied through efforts of the breaching party, the other party has the right to terminate this Agreement (including all Order Forms hereunder) on less than thirty days' written notice. Notice to lnfor of an alleged breach of warranty will not constitute a notice of termination of this Agreement. (b) Effect of Termin at ion. Upon termination of this Agreement by either party , Licensee will discontinue further use of the Component Systems, and will promptly return to lnfor or (at lnfor's request) destroy all copies of the Component Systems, and will certify to lnfor in writing, over the signature of a duly authorized representative of Licensee, that it has lnfor Software License Agreement) Page 10 of 14 done so. Termination of this Agreement will not relieve either party from making payments which may be owing to the other party under the terms of this Agreement. (c) Survival of Obligations. All obligations relating to non-use and non-disclosure of Confidential Information, indemnity, limitation of liability, and such other terms which by their nature survive termination, will survive termination of this Agreement. (d) Termination Without Prejudice to Other Rights and Remedies. Termination of this Agreement will be without prejudice to either party pursuing any other remedies available to it. 10. Notices. All notices and other communications required or permitted under this Agreement or required by law must be in writing and will be deemed given when: delivered personally; sent by registered or certified mail, return receipt requested; transmitted by facsimile confirmed by first class mail; or sent by overnight courier. Notices must be sent to a party at its address shown on the signature page of this Agreement, or to such other place as the party may subsequently designate for its receipt of notices in accordance with this Section. Licensee must promptly send copies of any notice of material breach and/or termination of the Agreement to lnfor, Attention: General Counsel, 40 General Warren Blvd Suite # 110, Malvern, PA 19355, USA, FAX number 678-319-8949, or to such other place as lnfor may subsequently designate for its receipt of notices. 11. Force Majeure. Except with respect to the payment of fees hereunder, neither party will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including acts of war, terrorist acts, natural disasters, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing. 12. Assignment. Licensee may not assign or otherwise transfer any of its rights or obligations under this Agreement, whether by law or otherwise, and any attempt at such assignment will be void without the prior written consent of lnfor. For purposes of this Agreement, "assignment" shall include use of the Component Systems for benefit of any third party to a merger, acquisition and/or other consolidation by, with or of Licensee, including any new or surviving entity that results from such merger, acquisition and/or other consolidation. 13. No Waiver. A party's failure to enforce its rights with respect to any single or continuing breach of this Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce any other or any subsequent breach. 14. Severability. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect. 15. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF INFOR. THE TOTAL LIABILITY OF INFOR, ITS AFFILIATES AND THIRD PARTY LICENSORS IN CONNECTION WITH THE COMPONENT SYSTEMS, THIS LICENSE OR ANY OTHER MATTER RELATING TO THIS AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF ACTION) SHALL NOT EXCEED THE FEE THAT LICENSEE ACTUALLY PAID TO INFOR (OR, IF NO DISCRETE FEE IS IDENTIFIED IN THE APPLICABLE lnfor Software License Agreement) Page 11 of 14 ORDER FORM, THE FEE REASONABLY ASCRIBED BY INFOR) FOR THE COMPONENT SYSTEM GIVING RISE TO THE LIABILITY. (b) EXCLUSION OF DAMAGES. IN NO EVENT SHALL INFOR, ITS AFFILIATES OR THIRD PARTY LICENSOR$ BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT INFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. Compliance With Laws. Licensee will comply with all laws, rules and regulations applicable to the use of the Component Systems. 17. Audit Rights. lnfor (including any third party auditor retained by lnfor) may audit the records and systems of Licensee to ensure compliance with the terms of this Agreement and each applicable Order Form(s). lnfor will notify Licensee in writing at least ten (10) business days prior to any such audit. Any such audit will be conducted during Licensee's regular business hours at Licensee's location and will not interfere unreasonably with Licensee's business activities. lnfor may audit Licensee no more than once in any six (6) month period. If an audit reveals that Licensee is using a Component System beyond the scope of the license granted herein ( such as for example, for a number of users greater than those that Licensee licensed pursuant to this Agreement), then, in addition to any other remedies available to lnfor, Licensee will promptly reimburse lnfor for the cost of such audit and pay lnfor the underpaid license fees therefore and associated fees for Support (as defined in the Support Agreement), based on lnfor's then-current list rates, as well as any applicable late charges . 18. Miscellaneous. lnfor shall be permitted to reference this Agreement in one or more press releases; otherwise, no public statements concerning the existence or terms of this Agreement will be made or released to any medium except with the prior approval of both parties or as required by law. lnfor and Licensee are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture or agency relationship between them. This Agreement shall be construed as if drafted by both parties and shall not be strictly construed against either party. lnfor is an Equal Employment Opportunity employer. As such, 41 CFR 60-1.4(a), 60-250.5, & 60-741.5 are herein incorporated by reference. 19. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 20. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 21. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and terminates all prior oral and written communications between the parties about its subject matter. Any purchase order or similar lnfor Software License Agreement) Page 12 of 14 document that may be issued by Licensee in connection with this Agreement does not modify this Agreement. No modification of this Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Agreement; provided, however, that a modification mutually agreed to pursuant to a click-thru or click-wrap agreement delivered by lnfor will be effective. This Agreement and any signed agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of digital imaging, electronic mail or a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. This Agreement and all Order Forms entered into pursuant hereto may be signed in counterparts. lnfor Software License Agreement) Page 13 of 14 THE PARTIES have executed this Agreement through the signatures of their respective authorized representatives. Effective Date: ------- CITY OF FRESNO, a California municipal corporation By:------------- [Name], [Title] APPROVED AS TO FORM: City Attorney' ATTEST: YVONNE SPENCE, CMC City Clerk By: ________ _ Deputy Addresses: CITY: City of Fresno John Turnipseed, Project Manager Wastewater Management Division 5607 W. Jensen Avenue Fresno, CA 93706 Software License Agreement Infer (US), Inc., A Delaware corporation Title: President S P & eneral Counsel (if corporatio LC, Board Chair, Pres. or Vice Pres.) By :~L Name: Bradford E. Steiner Title: Secretary, VP & Deputy General Counsel (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) INFOR: Infer (US), Inc. Attention: Lindsay Pritchard, Associate General Counsel 380 St. Peter Street St. Paul, MN 55102 Phone: 651-767-7000 FAX: 651-767-4927 Page 14 of 14 II SOFTWARE SUPPORT AGREEMENT AGREEMENT NUMBER: ---------- THIS SOFTWARE SUPPORT AGREEMENT (the "Support Agreement") is made between Infor (US). Inc. ("Infor") and City of Fresno ("Licensee") as of the Effective Date. The parties agree as follows: 1. lncon1oration By Reference. Sections 1 (Definitions), 7 (Confide ntial ln fonnation ), 10 through 14 (Notices, Force Maieure, Assignment, No Waiver and Choice of Law; Severability. respectively), and 16 through 18 (Complianc with Laws, Audit Rights and Miscellaneous, respectively) of the License Agreement are incorporated into this Support Agreement by this reference as fully as if written out below. If any provision incorporated by reference from the License Agreement conflicts with any provision of this Support Agreement, the provision of this Support Agreement will control. 2. Additional Definitions. (a) "Contract Period" means, as applicable, the Initial Term or the Renewal Period for which Licensee has paid the applicable fee for Support. (b) "Initial Term" means, with respect to the Component Systems specified in an Order Form, the twelve-month period beginning on the Order Form Date, unless otherwise specified in the Order Form. (c) "Renewal Period" means, as applicable, each successive twelve-month period following the Initial Term. ( d) "License Agreement" means the Software License Agreement entered into between the parties as of the Effective Date. 3. Services. (a) Types of Services. Subject to Licensee paying the applicable fee for Support hereunder for a particular Component System, Infor shall (a) provide Licensee with access (via the Internet, telephone or other means established by Infor) to lnfor's support helpline, (b) provide, when and if generally available, updates, enhancements or modifications to the then-current, general release version of such Component System that are not separately priced or licensed as new products; and (c) use reasonable efforts to correct or circumvent Documented Defects (the foregoing referred to collectively as "Support"). (b) Thi rd Party Products. With respect to Third Party Products, Infor's provision of Support will be limited to providing Licensee with the support that the Third Party Licensor provides to Infor for such Third Party Products. (c) Restrictions. Infor shall have no obligation to provide Support if Licensee fails to pay the applicable fees hereunder or is otherwise in breach of this Support Agreement. Infor shall have no obligation to provide Support for any Component System on any hardware or systems software configuration other than the Equipment, or if the Component System has been modified other than in accordance with this Support Agreement. In addition, Licensee agrees to provide Infor with access to such facilities and lnfor Software Support Agreement (US May 2013) equipment as are reasonably necessary for Infor to perform its obligations hereunder, including remote access to the Equipment. Support provided hereunder does not include related services, if any, required by Licensee, including, without limitation, installation or implementation of the Component System or any updates, enhancements or modifications thereto. 4. Payment and Taxes. (a) Support Fees. For annual Support of the Component Systems specified on an Order Form, Licensee will pay Infor the Support Fee specified in the Order Form, which will be subject to successive increases on an annual basis (starting with the first Renewal Period) not to exceed the "Annual Escalation Percentage Cap" (as specified in the Order Form). If the Initial Term is less than 12 months, the fee for the Initial Term of Support will be prorated accordingly. Payment of the applicable fee for any Renewal Period of Support is due prior to the commencement of such Renewal Period. All payments hereunder are non- refundable. (b) Additional Costs . Licensee will reimburse Infor for actual travel and living expenses that Infor incurs in providing Licensee with Support, with reimbursement to be on an as-incurred basis. Licensee will also reimburse Infor for charges incurred in connection with accessing Equipment, if any. (c) Taxes. Licensee is responsible for paying all taxes (except for taxes based on lnfor's net income or capital stock) relating to this Support Agreement or the services or payments provided for hereunder. Applicable tax amounts (if any) are not included in the fees set forth in this Support Agreement or the applicable Order Form. lnfor will invoice Licensee for any applicable tax amounts. (d) Invoices and Lat.e Charges. Licensee will pay each Infor invoice within fifteen ( 15) days of the date of invoice and in any event, on or before the dates specified in this Support Agreement or the applicable Order Form. Late payments are subject to a late charge equal to the lesser of: (i) one and one-half percent (I V2%) per month; and (ii) the highest rate permitted by applicable law. 5. Term. With respect to each Component System specified on an Order Form, the term of this Support Agreement shall begin on the Order Form Date and end on the last day of the Initial Term, and automatically renew for successive Renewal Periods, unless either party provides written notice to the other party of non- renewal at least ninety (90) days prior to the commencement of the Renewal Period. 6. Disclaimer of Warranties. Licensee acknowledges and agrees that INFOR MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, WITH REGARD TO ANY SUPPORT AND/OR ANY OTHER MATTER RELATING TO THIS SUPPORT AGREEMENT, Page 1 of 3 AND THAT INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, INFOR EXPRESSLY DOES NOT WARRANT THAT A COMPONENT SYSTEM OR ANY SUPPORT WILL BE USABLE BY LICENSEE IF THE COMPONENT SYSTEM HAS BEEN MODIFIED, OR WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION OTHER THAN THE EQUIPMENT. 7. Termination. If either party materially breaches any material obligation in this Support Agreement (including, without limitation, any obligation to pay fees hereunder), and fails to remedy such breach (if such breach can be remedied) within thirty (30) days of receipt of written notice of such breach, the other party may terminate this Support Agreement. Notwithstanding the foregoing, to the extent such material breach cannot be remedied through efforts of the breaching party, the other party has the right to terminate this Agreement on less than thirty days' written notice. Notice to Infor of a suspected Documented Defect will not constitute a notice of termination of this Support Agreement. Termination of this Support Agreement will be without prejudice to the terminating party's other rights and remedies hereunder. Termination of this Support Agreement shall also terminate all Order Forms hereunder but only insofar as such Order Forms relate to Support. For the avoidance of doubt, termination of this Support Agreement shall not terminate licenses granted pursuant to the License Agreement unless such licenses are terminated pursuant to the terms of the License Agreement. Termination of this Support Agreement will not relieve either party from making payments which may be owing to the other party hereunder. 8. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF INFOR. THE TOTAL LIABILITY OF INFOR, ITS AFFILIATES AND THIRD PARTY LICENSORS IN CONNECTION WITH SUPPORT lnfor Software Support Agreement (US May 2013) OR ANY OTHER MATTER RELATING TO THIS SUPPORT AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF ACTION) SHALL NOT EXCEED THE FEE THAT LICENSEE ACTUALLY PAID TO INFOR FOR SUPPORT FOR THE TWELVE-MONTH CONTRACT PERIOD IN WHICH SUCH LIABILITY FIRST AROSE. (b) EXCLUSJON OF DAMAGES. IN NO EVENT SHALL INFOR, ITS AFFILIATES OR THIRD PARTY LI CENSORS BE LIABLE FOR ANY INCIDENT AL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER INFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. Eotil:e Agreement. This Support Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. Any purchase order or similar document, which may be issued by Licensee in connection with this Support Agreement does not modify this Support Agreement. No modification of this Support Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Support Agreement; provided, however, that a modification mutually agreed to pursuant to a click-thru or click-wrap agreement delivered by lnfor will be effective. This Support Agreement and any signed agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of digital imaging, electronic mail or a facsimile machine, shall be treated in all manner and respects as an original Support Agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. This Support Agreement and all Order Forms entered into pursuant hereto may be signed in counterparts. Page 2 of 3 THE PARTIES have executed this Support Agreement through the signatures of their respective authorized representatives. Effective Date:----------------- CITY OF FRESNO, a California municipal corporation By: [Name], [Title] APPROVED AS TO FORM: ATTEST: YVONNE SPENCE, CMC City Clerk By: Deputy Addresses: CITY: City of Fresno John Turnipseed, Project Manager Wastewater Management Division 5607 W. Jensen Avenue Fresno, CA 93706 Software License Agreement (if corporation or L C, oard Chair, Pres. or Vice res.) By: ~Hf;;__ Name: Bradford E. Steiner Title: Secretary, VP & Deputy Genera.I Counsel (if corporation or LLC, CFO, Treasurer, Secretary or Assistant Secretary) INFOR: Infor (US), Inc. Attention: Lindsay Pritchard, Associate General Counsel 380 St. Peter Street St. Paul, MN 55102 Phone: 651-767-7000 FAX:: 651-767-4927 Page 3 of 3 City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1426 Agenda Date:10/26/2017 Agenda #:3-B REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH:MICHAEL CARBAJAL, Planning Manager Department of Public Utilities - Utilities Planning & Engineering BY:MATTHEW BULLIS, Professional Engineer Department of Public Utilities - Utilities Planning & Engineering SUBJECT ***RESOLUTION -33rd amendment to Annual Appropriation Resolution (AAR)No.2017-165 to appropriate $861,600 for the installation of chemical feed equipment for water wells (Requires 5 affirmative votes) (Citywide) RECOMMENDATION Staff recommends that City Council adopt the 33rd Amendment to the Annual Appropriation Resolution (AAR)No.2017-165 to appropriate $861,600 for the installation of chemical feed equipment for water wells. EXECUTIVE SUMMARY The Southeast Surface Water Treatment Facility (SESWTF)is scheduled to commence delivering drinking water to customers in June 2018.Funding is needed for the purchase of chemical feed equipment and installation at water supply wells to support the startup of the SESWTF.Approval of the 33rd Amendment to the AAR No.2017-165 will appropriate the funding to support the purchase of chemical feed equipment and installation by City staff. BACKGROUND The SESWTF is scheduled to commence delivering drinking water to customers in June 2018.The SESWTF will benefit residents in Southeast Fresno by providing clean drinking water from a reliable surface water supply and will reduce Fresno’s dependence on groundwater use.The SESWTF is sized to handle most water demands in Southeast Fresno;however,during emergency plant shutdowns and peak demand,drinking water will continue to be supplied intermittently from local City of Fresno Printed on 3/6/2023Page 1 of 2 powered by Legistar™ File #:ID17-1426 Agenda Date:10/26/2017 Agenda #:3-B shutdowns and peak demand,drinking water will continue to be supplied intermittently from local water supply wells. To support the startup of the SESWTF,staff will install chemical feed systems at designated well sites in order to maintain consistent water quality conditions in the water distribution system.The work will include the addition of pH/chlorine analyzers,chemical feed pumps,storage tanks and associated piping.Work will be completed by the City of Fresno’s Water Division staff.Funding is needed for the purchase and installation of the equipment. ENVIRONMENTAL FINDINGS Pursuant to the definition provided in the California Environmental Quality Act (CEQA)Guidelines, Section 15378, the transfer of funds does not qualify as a “project” and are exempt from CEQA. LOCAL PREFERENCE Local preference was not considered because the requested action does not pertain to a bid or an award of a contract. FISCAL IMPACT The project will not impact the General Fund.The adoption of the attached AAR amendment resolution will appropriate sufficient funds in Fiscal Year 2018 for the award of the Requirement Contracts for purchase of materials,installation by City crews and staff support costs.Funds are available from retained earnings within the DBCP Recovery ($746,200),UGM Wellhead Treatment Area 501-S ($86,500) and UGM Wellhead Treatment Area 301-S ($28,900) funds. Attachment: 33rd Amendment to the Annual Appropriation Resolution No. 2017-165 City of Fresno Printed on 3/6/2023Page 2 of 2 powered by Legistar™ Date Adopted: 1 of 3 Date Approved: Effective Date: Resolution No. RESOLUTION NO. ___________ A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO ADOPTING THE 33rd AMENDMENT TO THE ANNUAL APPROPRIATION RESOLUTION NO. 2017-165 TO APPROPRIATE $861,600 FOR THE INSTALLATION OF CHEMICAL FEED EQUIPMENT FOR WATER WELLS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO: THAT PART III of the Annual Appropriation Resolution No. 2017-165 be and is hereby amended as follows: Increase/(Decrease) TO: DEPARTMENT OF PUBLIC UTILITIES DBCP Recovery Fund $ 746,200 UGM Wellhead Trtmnt Area 301-S 28,900 UGM Wellhead Trtmnt Area 501-S 86,500 THAT account titles and numbers requiring adjustment by this Resolution are as follows: DBCP Recovery Fund Retained Earnings: Account: 25300 Unreserved/Undesignated $ 746,200 Fund: 40110 Org Unit: 411501 Total Retained Earnings $ 746,200 Appropriations: Account: 51101 Permanent Salaries $ 221,800 57507 Contract Construction 343,200 59105 Purchasing – Variable Charge 11,700 59112 Vari Interdept Reimb To Enterpr 14,300 59117 Overhead 155,200 Fund: 40110 Org Unit: 411501 Project: WC00090 Total Appropriations $ 746,200 2 of 3 Increase/(Decrease) UGM Wellhead Trtmnt Area 301-S Retained Earnings: Account: 25300 Unreserved/Undesignated $ 28,900 Fund: 40164 Org Unit: 411501 Total Retained Earnings $ 28,900 Appropriations: Account: 51101 Permanent Salaries $ 9,400 57507 Contract Construction 13,200 59117 Overhead 6,300 Fund: 40164 Org Unit: 411501 Project: WC00090 Total Appropriations $ 28,900 UGM Wellhead Trtmnt Area 501-S Retained Earnings: Account: 25300 Unreserved/Undesignated $ 86,500 Fund: 40166 Org Unit: 411501 Total Retained Earnings $ 86,500 Appropriations: Account: 51101 Permanent Salaries $ 27,700 57507 Contract Construction 39,600 59117 Overhead 19,200 Fund: 40166 Org Unit: 411501 Project: WC00090 Total Appropriations $ 86,500 THAT the purpose is to provide funding for the installation of chemical feed equipment for water wells. 3 of 3 CLERK’S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO_ } ss. CITY OF FRESNO } I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the Day of , 2017 AYES: NOES: ABSENT: ABSTAIN: Mayor Approval: _. , 2017 Mayor Approval/No Return: _. , 2017 Mayor Veto: _. , 2017 Council Override Veto: _. , 2017 YVONNE SPENCE, CMC City Clerk BY: __________________________________ Deputy City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1424 Agenda Date:10/26/2017 Agenda #:3-C REPORT TO THE CITY COUNCIL October 26, 2017 FROM:THOMAS C. ESQUEDA, Director Department of Public Utilities BY:JERRY L. SCHUBER SR., Assistant Director Department of Public Utilities - Solid Waste Management Division SUBJECT WORKSHOP - Illegal Dumping Attachment: Illegal Dumping Powerpoint City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ COUNCIL WORKSHOP Illegal Dumping Update October 26, 2017 City of Fresno Department of Public Utilities Solid Waste Management Division Presentation Outline Illegal Dumping Geographic Distribution Illegal Dumping Service Demands Proposed Corrective Actions Next Steps Illegal Dumping Remains a Problem in the City of Fresno Illegal Dumping “Hot Spots” Illegal Dumping - Calls for Service Illegal Dumping FresGO calls for service ◦Fiscal Year 2016 – 1,998 calls for service ◦Fiscal Year 2017 – 3,430 calls for service ◦Fiscal Year 2018 – 1,365 to date (90 days) Current trend for FY 2018 indicates calls for service will approach 5,000 this year. Estimated cost per cleanup is $378 Current service delivery model is not sustainable based on existing fees and charges Illegal Dumping – Quantities OCU Collected, tons ◦FY15 = 19,750 Tons (18 tons before FresGO) ◦FY16 = 24,539 Tons (501 tons from FresGO) ◦FY17 = 28,469 Tons (323 tons from FresGO) Litter Collected, tons ◦FY15 = 291 ◦FY16 = 307 ◦FY17 = 217 Single-Family Residential Generates ~1 ton per year, per home of solid waste Illegal Dumping – Resource Usage Division Overtime for OCU Program ◦Fiscal Year 2016 – 1,001hours of overtime ◦Fiscal Year 2017 – 1,244 hours of overtime Added OCU services for FY 2018 ◦Alley Maintenance Program (AMP) ◦Homeless Task Force (HTF) expanding working hours to 6 am to midnight Current level of service for OCU program is not sustainable based on existing fees and charges Proposed Corrective Actions Municipal Code Changes FMC Section 10-611 ◦Enhances authority of City Attorney’s Office to prosecute illegal dumping cases ◦Illegal dumping violators will be prosecuted to the maximum extent permissible by law Fines increased from $500 to $1,000 for first offense, $1,500 second, and $3,000 third Fines collected to date on existing citations is over$31,000 Vehicles may be impounded by the court Violators subject to up to six months in county jail Proposed Corrective Actions FresGO and Surveillance Cameras FresGO Allow residents to provide additional information to report illegal dumping violators (vehicle license number, vehicle make and model, photos, etc.) Expand Remote Camera Surveillance 3 remote cameras have been used to cite approximately 175 individuals for illegal dumping Purchase 4 additional remote cameras for Code Enforcement 146 violators have been prosecuted for illegal dumping using remote surveillance cameras 8 violators are repeat offenders Proposed Corrective Actions Construct Convenience Centers Facility siting is proving a challenge ◦Existing city-owned sites, not ideally located, and there are zoning and traffic limitations ◦New site will likely require acquisition of private property to site, construct and operate new convenience center OCU “On-Demand” Service ◦Residents can call OCU to schedule “low-cost” bulky material pickup at curb OCU Voucher Program ◦Residents can request a voucher from OCU to allow use of local transfer station to dispose of bulky materials at no cost. Additional Corrective Action Options Illegal Dumping Remains a Problem in the City of Fresno Next Steps Return to City Council December 2017 with FMC changes ◦Enhance enforcement actions for illegal dumping violators ◦Expand authority of CAO to prosecute illegal dumping violators Purchase additional remote surveillance cameras to deploy in “hot spot” areas Continue site selection process for convenience center Continue to evaluate additional corrective actions to reduce illegal dumping QUESTIONS City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1448 Agenda Date:10/26/2017 Agenda #:4-A REPORT TO THE CITY COUNCIL October 26, 2017 FROM:OLIVER L. BAINES, III, Councilmember for District 3 City Council Offices SUBJECT BILL (for introduction) - Amending Section 14-2010 of the Fresno Municipal Code relating to lost or stolen residential parking permits. Attachment:Ordinance City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™ 1 of 3 Date Adopted: Date Approved Effective Date: City Attorney Approval: ________ Ordinance No. BILL NO. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA, AMENDING SECTION 14-2010 OF THE FRESNO MUNICIPAL CODE, RELATING TO ISSUANCE OF PERMITS. THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS: SECTION 1. Section 14-2010 of the Fresno Municipal Code is amended to read: SECTION 14-2010. ISSUANCE OF PERMITS. (a) Parking permits shall be issued by the Controller. Each such permit shall be designed by the Controller to state or reflect thereon the particular residential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The Chief Administrative Officer is authorized to promulgate rules and regulations, not inconsistent with this article, governing the manner in which persons shall qualify for parking permits. (b) Parking permits may be issued for motor vehicles only to the following persons: (1) A legal resident of a designated residential permit parking area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control; 2 of 3 (2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency or ownership shall be demonstrated in a manner determined by the Chief Administrative Officer. (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the Chief Administrative Officer. [(e) Lost or stolen permits. A replacement permit may be issued upon declaration under penalty of perjury that a previously issued permit has been lost or stolen, and payment of a fee as set forth in the Master Fee Schedule. Permits that have been reported as lost or stolen are immediately cancelled and are no longer valid. Vehicles displaying permits that have been reported as lost, stolen, or cancelled are subject to citation.] SECTION 2. This ordinance shall become effective and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage. * * * * * * * * * * * * * * 3 of 3 STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the _________ day of ______________, 2017. AYES : NOES : ABSENT : ABSTAIN : Mayor Approval: , 2017 Mayor Approval/No Return: , 2017 Mayor Veto: , 2017 Council Override Vote: , 2017 YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN, City Attorney BY: Katie Doerr, Chief Assistant Date City of Fresno Staff Report 2600 Fresno Street Fresno, CA 93721 www.fresno.gov File #:ID17-1368 Agenda Date:10/26/2017 Agenda #:5-A CLOSED SESSION ITEM October 26, 2017 SUBJECT CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section 54956.8 Property: APN 505-060-19 (Portion) (Right of Way for Veteran’s Boulevard) Negotiating Parties: City Manager Wilma Quan-Schecter; Robert and Julie Mitchell City of Fresno Printed on 3/6/2023Page 1 of 1 powered by Legistar™