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Home My WebLink AboutT-6163 - Conditions of Approval - 3/12/2015 Of X1Z REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VIII-A COMMISSION MEETING 11/6/13 November 6, 2013 APPROVED BY VDPAfTJM .NT DIRECTOR FROM: MIKE SANCHEZ, Planning Manager Development Services Division THROUGH: WILL TACKETT, Supervising Plan Development Services Division BY: ISRAEL TREJO, Planner Development Services Division SUBJECT: CONSIDERATION OF REZONE APPLICATION NO. R-07-014, VESTING TENTATIVE TRACT MAP NO. 5571/UGM AND RELATED ENVIRONMENTAL ASSESSMENT NO. R-07-014/T-5571, LOCATED ON THE SOUTHWEST CORNER OF NORTH TERMPERANCE AND EAST DAKOTA AVENUES RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. RECOMMEND APPROVAL to the City Council of the Finding of Conformity to the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration prepared for Plan Amendment A-09-02 (Air Quality MND) prepared for Environmental Assessment No. R-07-014/T-5571 dated October 4, 2013. 2. RECOMMEND APPROVAL to the City Council of Rezone Application No. R-07-014 to reclassify the subject property from the R-A/UGM (Single Family Residential-Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district. 3. APPROVE Vesting Tentative Tract Map No. 5571/UGM subject to compliance with the Conditions of Approval dated November 6, 2013. EXECUTIVE SUMMARY Jeff Callaway, on behalf of Lennar Communities, has filed Rezone Application No. R-07-014 and Vesting Tentative Tract Map No. 5571/UGM pertaining to approximately 55.83 acres of property located on the southwest corner of North Temperance and East Dakota Avenues. Rezone Application No. R-07-014 proposes to rezone the subject site from the R-A/UGM (Single Family Residential-Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district. Vesting Tentative Tract Map No. T-5571/UGM proposes to subdivide the property into a 273-lot single family residential subdivision. The subject property is located within the 2025 Fresno General Plan and the McLane Community Plan, both plans designate the subject site for medium density residential planned land uses. Vesting Tentative Tract Map No. 5963/UGM proposes a conventional 273-lot single family residential (4.99 to 10.37 dwelling units per acre) development subdivision on approximately 53.54 net acres at a density of 5.09 dwelling units REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 2 per acre. Based upon the submitted subdivision design, the proposed subdivision can be found consistent with the medium density residential planned land uses for the subject property pursuant to the 2025 Fresno General Plan. Thus, the subject applications are consistent with the 2025 Fresno General Plan and the McLane Community Plan. PROJECT INFORMATION PROJECT A 273-lot single family residential subdivision on 53.54 net acres to be developed at a density of 5.09 dwelling units per acre APPLICANT Jeff Callaway on behalf of Lennar Communities LOCATION Located on the southwest corner of North Temperance and East Dakota Avenues (Council District 4, Councilmember Caprioglio) SITE SIZE Approximately 55.83 acres (53.54 net acres) LAND USE Existing - Vacant Proposed - Single family residential ZONING Existing - R-A/UGM (Single Family Residential-Agricultural DistricbUrban Growth Management) Proposed- R-1/UGM (Single Family Residential DistricbUrban Growth Management) PLAN DESIGNATION The proposed 273-lot single family residential subdivision is consistent AND CONSISTENCY with the 2025 Fresno General Plan and McLane Community Plan designation of the site for medium density residential planned land uses ENVIRONMENTAL Finding of Conformity to the 2025 Fresno General Plan Master FINDING Environmental Impact Report (MEIR) No. 10130 and Mitigated Negative Declaration No. A-09-02, dated October 4, 2013 PLAN COMMITTEE The Council District 4 Plan Implementation Committee recommended RECOMMENDATION approval of the project on June 10, 2013 STAFF Recommend approval of the rezone application to the City Council and RECOMMENDATION approve the vesting tentative tract map application subject to compliance with the Conditions of Approval for T-5571/UGM dated November 6, 2013 REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 3 BORDERING PROPERTY INFORMATION IM Planned Land Existing Zoning Existing Land Use Use North Low Density Single FamilR-A/UGM y Residential-Agricultural Rural Residential & Single- Residential District/Urban Growth Management family Residential Medium R-1//UGM East Density Single Family Residential Single-family Residential Residential District/Urban Growth Management Medium R-1//UGM South Density Single Family Residential Single-family Residential Residential District/Urban Growth Management Medium R-A/UGM West Density Single Family Residential-Agricultural Agricultural/Elementary Residential District/Urban Growth Management School ENVIRONMENTAL FINDING Development and Resource Management Department staff have prepared an initial study and environmental checklist and evaluated the proposed development in accordance with the land use and environmental policies and provisions of the 2025 Fresno General Plan, the related Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 2009051016). The subject property is proposed to be developed at an intensity and scale that is permitted by the Medium Density Residential (4.99 to 10.37 dwelling units per acre) planned land use designation and the R- 1/UGM (Single Family Residential/Urban Growth Management) zone district classification for the subject site. The application proposes a 273-lot single family residential development subdivision on approximately 53.54 net acres at a density of 5.09 dwelling units per acre. Thus, the subdivision of the subject property in accordance with the Vesting Tentative Tract Map No. 5571/UGM will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project 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 No. 10130 and MND No. A-09-02 as provided by CEQA Section 15177(b)(3). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 4 Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a MEIR, provided that the project does not cause significant impacts on the environment that were not previously examined by the MEIR. Relative to the specific project proposal, the environmental impacts noted in -the MEIR, pursuant to the 2025 Fresno General Plan land use designation, include impacts associated with the Medium Density Residential planned land use designation specified for the subject property. Based on the initial study prepared, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND No. A-09-02 (as indicated on the attached Environmental Assessment Checklist) for the reasons discussed within the environmental assessment for-the subject project; and, (3) No new additional mitigation measures are required because the proposed project will not generate additional significant effects not previously identified and analyzed by the MEIR or MND. Therefore, the project proposal has been determined to be within the scope of the MEIR and MND as defined by Section 15177 of the CEQA Guidelines and staff has properly published a Finding of Conformity to MEIR No. 10130 dated October 4, 2013, with no comments received to date. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the MND adopted; and, that no new information, which was not know and could not have been known at the time that the MEIR was certified as complete or the MND was adopted, has become available. BACKGROUND / ANALYSIS Jeff Callaway, on behalf of Lennar Communities, has filed Rezone Application No. R-07-014 and Vesting Tentative Tract Map No. 5571/UGM pertaining to approximately 55.83 acres of property located on the southwest corner of North Temperance and East Dakota Avenues. Rezone Application No. R-07-014 proposes to rezone the subject site from the R-A/UGM (Single Family Residential-Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential District/Urban Growth Management) zone district. Vesting Tentative Tract Map No. T-5571/UGM proposes to subdivide the property into a 273-lot single family residential subdivision. The subject property is located within the 2025 Fresno General Plan and the McLane Community Plan, both plans designate the subject site for medium density residential planned land uses. Vesting Tentative Tract Map No. 5963/UGM proposes a conventional 273-lot single family residential (4.99 to 10.37 dwelling units per acre) development subdivision on approximately 53.54 net acres at a density of 5.09 dwelling units per acre. Based upon the submitted subdivision design, the proposed subdivision can be found consistent with the medium density residential planned land uses for the subject property pursuant to the 2025 Fresno General Plan. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 5 LandscapingfWalls The City of Fresno Noise Element of the 2025 Fresno General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. The acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 29, 2013, recommends, in part, a 9' high solid masonry wall along North Temperance Avenue and a 6' high solid masonry wall along North Armstrong Avenue in order to comply with the sound requirements of the General Plan. Staff has also required a 6' block wall along East Dakota and North Saddleback Avenue which is the local collector street that runs north and south through the proposed tract (from East Dakota Avenue to East Shields Avenue). Open Space/Pedestrian Accessway There is existing open space to the south of the subject site which contains approximately 3.5 acres. The applicant is also proposing a small park area (approximately 6,000 sq. ft.) located within the subdivision boundary. Staff has required the applicant to provide a pedestrian accessway (paseo) to connect to the planned pedestrian/bike trail located along North Temperance Avenue. The accessway will promote walking in and around the neighborhood; and will provide connectivity to the open space, trail and existing accessway located within the abutting tract to the south. Lot Area and Dimensions Pursuant to Fresno Municipal Code Section 12-1011 (f) (1), the Planning Commission may modify (up to 10% deviation) the requirements for lot size where there are special conditions or other factors that make it appropriate; up to 25% (68 lots maximum) of the lots may be modified. The applicant proposes the following modifications: reduced street frontage (2 lots), reduced lot width for a reversed corner lot (1 lot), reduced lot width for a standard corner lot (3 lots) and reduced lot areas (9 lots). Sidewalks, Streets and Access Points The Public Works Department, Traffic Engineering Division, has reviewed the proposed project and potential traffic related impacts for the proposed applications and has determined that the streets adjacent to and near the subject site will be able to accommodate -the quantity and kind of traffic which may be potentially generated subject to the requirements stipulated within the memoranda from the Traffic Engineering Division dated November 6, 2013. These requirements generally include: (1) The provision of a minimum two points of vehicular access to major streets for any phase of the development; (2) Dedication for public streets and right-of- way; (3) Street improvements, (including, but not limited to, construction of concrete curbs, gutters, pavement, underground street lighting systems; and, (4) Payment of applicable impact fees. The subdivision map also will complete a local collector street (North Saddleback Avenue) running in a north-south direction in the center of the project. REPORT TO THE PLANNING COMMISSION Rezone Application No. R-077014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 6 The 2025 Fresno General Plan designates North Armstrong and East Dakota Avenues as collector streets and North Temperance Avenue as an expressway street. The applicant will be required to dedicate and construct improvements along North Armstrong, East Dakota and North Temperance Avenues. A Traffic Impact Study (TIS) was prepared for the proposed project by Peters Engineering Group dated February 1, 2005, and included the area bounded by North Armstrong, East Dakota, North Temperance and East Shields Avenues. The TIS analyzed the intersections of East Dakota and North Armstrong Avenues, and East Shields and North Temperance Avenues. In addition, the study analyzed the project's impact on -the State Route 180 interchanges with Temperance Avenue and Fowler Avenue. An important goal is to maintain acceptable levels of service along the highway and street network. To accomplish this, local agencies adopt minimum levels of service (LOS) in an attempt to control congestion that may result as new development occurs. Caltrans The California Department of Transportation (Caltrans) has required that the project pay all applicable TSMI (Traffic Signal Mitigation Impact Fee) and RTMF (Regional Traffic Mitigation Fee) fees. Community Plan Citizen Committees The Council District 4 Plan Implementation Committee recommended approval of the project on June 10, 2013. Public Services The Public Utilities Department has identified sanitary water and sewer requirements for this project. These conditions are listed in the memoranda dated May 6, 2013, and May 10, 2013, respectively. The Fresno Metropolitan Flood Control District (FMFCD) has indicated that this project can be accommodated by the district. The project applicant shall comply with the FMFCD requirements as detailed in its memorandum dated May 21, 2013. Notice of Planning Commission Hearing The Development and Resource Management Department mailed notices of this Planning Commission hearing to all surrounding property owners within 350 feet of the subject property, pursuant to Section 12-401-C-2 of the Fresno Municipal Code. Vesting Tentative Tract Map Findings The Subdivision Map Act (California Government Code §§ 66400, et seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 7 State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 General Plan and the McLane Community Plan, because the plans designate the site for medium density residential planned land uses and the project design meets the density and zoning ordinance criteria for development. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site; and, that development shall occur in accordance with adopted standards, goals, objectives, and policies for development in the City of Fresno. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the area is not known to contain any unique or endangered species and the urbanized nature of the area in which the site is located. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will insure that the subdivision conforms with city health and safety standards. 5. The proposed subdivision design will not conflict with public easements within or through the site, because conditions of approval will assure noninterference with any existing or proposed public easements. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, based on the required findings for approval and subject to the recommended conditions of approval, and the standards and policies of the 2025 Fresno General Plan and McLane Cornmunity Plan, complies with applicable zoning and subdivision requirements. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Planning Commission action of the proposed Vesting Tentative Tract Map, unless appealed to the Council, is final. CONCLUSION / RECOMMENDATION The appropriateness of the proposed project has been examined with respect to its consistency with goals and policies of the 2025 Fresno General Plan and the McLane Community Plan; its REPORT TO THE PLANNING COMMISSION Rezone Application No. R-07-014 Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 8 compatibility with surrounding existing or proposed uses; and its avoidance or mitigation of potentially significant adverse environmental impacts. These factors have been evaluated as described above and by the accompanying environmental assessment. Upon consideration of this evaluation, it can be concluded that the Vesting Tentative Tract Map No. 5571/UGM is appropriate for the project site. Attchmts: 2013 Aerial Photograph of Site Proposed Vesting Tentative Tract Map No. 5571/UGM dated August 23, 2013 Conditions of Approval for T-5571/UGM dated November 6, 2013 Comments and Requirements from Responsible Agencies Environmental Assessment No. R-07-014/T-5571, Finding of Conformity to the 2025 Fresno General Plan MEIR No. 10130 and Mitigated Negative Declaration for Plan Amendment A-09-02 rip r ,,;" 1 r i 1.0 t r ■` 'I .'tel ` T !• �'. r � � � i� '■ � r� i>3 uj r •f f d t '�1 1 4� .1 r � + ` . 1 k � a. As f w OEM WE JJ 1 F ik�i e T . Fj I SL ■ C13 • 4. l it t 1 y 1 �_ ■i'J 3 • 'w K r y i _ x yfi�� t t 1 - M � ! 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The following specific conditions are applicable to this vesting tentative tract map. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. URBAN GROWTH MANAGEMENT REQUIREMENTS (GENERAL) The developer of property located within the UGM boundaries shall comply with all sewer, water and street requirements and pay all applicable UGM fees imposed under the Urban Growth Management process (with appropriate credit given for the installation of required UGM improvements) in accordance with the requirements of State Law as related to tentative tract maps. The developer will be responsible for the relocation or reconstruction of any existing improvements or facilities necessary to construct any of the required UGM improvements. GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 5571/UGM, "Exhibit A" dated August 23, 2013, the subdivider may prepare a Final Map in accordance with the approved vesting tentative map. a) Vesting Tentative Tract Map No. T-5571/UGM is subject to City Council approval of Rezone Application No. R-07-014. 1. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 2. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 2 (Reference: Sections 12-1022 and 12-1023 of the FMC). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 3. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. 4. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 5. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 6. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 7. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 8. "rhe subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 9. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 3 10. Prior to final map approval, the owner of the subject property shall execute a "Right to Farm" covenant with the City of Fresno. Said covenant is to run with the land and shall acknowledge and agree that the subject property is in or near agricultural districts located in the City and County of Fresno and that the residents of said property should be prepared to accept the inconveniences and discomfort associated with normal farm activities. The "Right to Farm" covenant shall be recorded prior to or concurrent with the recording of the Final Map of Vesting Tentative Tract Map No. 5571/UGM. GENERAL INFORMATION 11. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement—New Construction Form. 12. The developer/owner shall obtain any and all permits required for the removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the FMC. 13. The subdivider is subject to comply with Regulation VIII of the San Joaquin Valley Air Pollution Control District for the control of particulate matter and fugitive dust during construction of this project. 14. The developer shall comply with Rule 8060 of the San Joaquin Valley Air Pollution Control District as applicable for the control of fugitive dust requirements from paved and unpaved roads. 15. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 16. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriffs Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 4 Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 17. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 18. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. ZONING & PROPERTY DEVELOPMENT STANDARDS Pedestrian Access 19. Provide a pedestrian accessway between proposed lots 181 and 182 to the multi- purpose trail to be constructed with the subject map along Temperance Avenue. The accessway shall be in the form of an Outlot and include landscaping (similar to the existing pedestrian accessway constructed with Tract No. 5427). Provide an updated sound study allowing for said accessway. Walls/Fences/Landscape Easement 20. Provide a 6 foot high decorative solid wall and 10-foot landscaped easement (and irrigation system) along East Dakota, North Armstrong and North Saddleback Avenues. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 5 21. Provide a 6 foot high decorative solid wall and 10-foot landscaped easement (and irrigation system) along the rear of lots 198-207 (along North Arroyo Avenue). 22. Provide a 26 foot wide bike and pedestrian easement (and irrigation system) along North Temperance Avenue. 23. The City of Fresno Noise Element of the General Plan identifies the maximum appropriate noise level exposure for outdoor activity areas to be 60 dB DNL, and for interior living areas a noise level exposure of not more than 45 dB DNL. The acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 29, 2013, recommends, in part, a 9' high solid masonry wall along North Temperance Avenue and a 6' high solid masonry wall along North Armstrong Avenue in order to comply with the sound requirements of the General Plan. Comply with the conclusions and recommendations in the acoustical analysis prepared by Brown-Buntin Associates, Inc. dated July 29, 2013. Any changes to these requirements must be approved by the Development and Resource Management Department. 24. Provide a 6 foot high solid wall or approved architecturally-designed solid fence, with metal posts (meeting requirements of the Fresno Municipal Code), provided along the common property lines between the park area and proposed parcels 43, 44, 45, 46 and 48 (reduce to 3' at the front yard setback area for lot 43). Direct access is prohibited between the park site and the abutting parcels. Depict the relinquished access on the tract map. 25. Provide a corner cut-off area at all street intersections in accordance with Section 12-306-H-3-d of the Fresno Municipal Code. Corner cut-offs are established to provide an unobstructed view for vehicular and pedestrian traffic approaching an intersection. They are a triangular area formed by the property lines and a diagonal line adjoining points on the property lines, measured a specific distance from the point of their intersection. At the intersections of streets, this distance is 30 feet. 26. Provide a minimum 4.5' wide landscape easement along the street side yard of proposed parcels 28, 49, 62, 63, 158 and 216. Depict the easement on the tract map. Lot Dimensions 27. Lot dimensions shall match those depicted on the tract map dated August 23, 2013, for Vesting Tentative Tract Map No. 5571/UGM, excepting changes as required per the conditions of approval. 28. Pursuant to FMC Section 12-1011 (f) (1) the Planning Commission may modify (up to 10%) the requirements for lot size where there are special conditions or other factors that make it appropriate; up to 25% (68 lots maximum) of the lots may be modified. The applicant proposes the following modifications: Lot 5 and 207 are curved lots and require a minimum street frontage of 40'. Lots 127 is a reversed corner lot and requires a minimum width of 65'. Lots 134-136, 144-146 and 154-156 are under the required 5,000 sq. ft. lot area. Lots 222, 253 and 273 are corner lots and require a minimum width of 60'. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 6 A maximum 10% deviation from the property development standards is approved. Buildinq Setbacks 29. Building setbacks shall be in accordance with the R-1 zone district and the provisions of Section 12-211.5-E of the Fresno Municipal Code, unless otherwise noted in these conditions. Front yard: Front yard setbacks to living space shall be a minimum of 15 feet. The setback to the garage from property line must be a minimum of 18". Interior side yard: Interior side yard setbacks shall be a minimum of five feet. Lot 118 is a key lot and requires minimum side yards of 7'. Street side yard: Street side yard setbacks shall be a minimum of 10 feet. (standard lot) Street side yard: Street side yard setbacks shall be a minimum of 15 feet. (reverse corner lot) Rear yard: Rear yard setbacks shall be a minimum 20 feet. Building Design 30. Design measures shall be incorporated into the unit design to avoid featureless and/or repetitive building elevations. Design features may include variations in exterior walls, materials and/or colors. The streetscape shall not be dominated by garages. Garages shall be flush or recessed from the main habitable structure. STREETS AND RIGHTS-OF-WAY 31. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. 32. Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated November 06, 2013; or, any amendments or modifications to those requirements which may be approved by the Department of Public Works Director prior to recordation of a Final Map. 33. Comply with the street name memorandum dated May 7, 2013. PARK SERVICE 34. Comply with the memorandum from the Public Works Department dated May 21, 2013. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 7 35. Pay appropriate park facilities fee and/or dedicate lands for park and recreation purposes pursuant to Ordinance No. 2007-70 and 2005-113 adopted by the Fresno City Council on September 27, 2005. FIRE SERVICE 36. Comply with the memorandum from the Fire Department dated May 1, 2013. SOLID WASTE SERVICE 37. Comply with the memorandum from the Solid Waste Division dated May 21, 2013. SANITARY SEWER SERVICE 38. Comply with the memorandum from the Public Utilities Department dated May 10, 2013. 'rhe location and type of the traffic calming devices must be reviewed and approved by the Public Utilities Department. WATER SERVICE 39. Comply with the Department of Public Utilities, Water Division memorandum dated May 6, 2013. FLOOD CONTROL AND DRAINAGE 40. Comply with the memorandum from the Fresno Metropolitan Flood Control District dated May 21, 2013. 41. Any temporary ponding basins constructed or enlarged to provide service to the subdivision shall be fenced in accordance with City standards with seven days from the time the basin becomes operational or as directed by the City Engineer. Temporary ponding basins will be created through a covenant between the City and the Developer prior to Final Map approval. Maintenance of the temporary ponding basin shall be by the Developer until permanent service for the entire subdivision is provided. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 42. Comply with the letters from the San Joaquin Valley Air Pollution Control District dated April 25 and May 7, 2013. FRESNO IRRIGATION DISTRICT(FID) 43. Comply with the letter from the Fresno Irrigation District dated May 6, 2013. Depict the private canal, located on the west side of North Temperance, on the tract map. The location of the private canal must be approved by the Public Works Department. CLOVIS UNIFIED SCHOOL DISTRICT 44. Comply with the letter from the Clovis Unified School District dated April 24, 2013. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 8 COUNTY OF FRESNO 45. Comply with the letter, from the County of Fresno, Department of Public Health, dated April 26, 2013. CALTRANS 46. Caltrans requires the payment of all applicable TSMI (Traffic Signal Mitigation Impact Fee) and RTMF (Regional Traffic Mitigation Fee)fees. RIGHT-OF-WAY ACQUISITION 47. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 48. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must be determined at the project design stage based on the existing conditions and detailed design information. 49. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. The developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 50. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 51. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. MAINTENANCE OBLIGATIONS 52. The long term maintenance of all the items listed below is the ultimate responsibility of the owner/developer. 53. Comply with all the requirements included within the attached Department of Public Works, Traffic and Engineering Services Division memorandum regarding Maintenance Requirements dated June 13, 2013; and, the following: Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 9 a) If the owner/developer chooses to be annexed into the City's CFD for maintenance purposes, then an Annexation Request Package shall be submitted to the Public Works Department for review, processing, and approval. • NOTE: Packages must be complete with all required information in order to be accepted. The Annexation Request Form is available on-line on the City of Fresno website (htto://www.fresno.aov) under the Public Works Department Developer Doorway. b) Construction plans for all features to be maintained by a CFD for a final map shall be included in the final map submission to the Development Department for processing. Where applicable, this shall include a Street Tree Location and Street Tree Species (by street) map. Landscaping plans shall contain actual tree and plant counts by species and include the areas (in square feet) of turf, shrubs and trees, and sidewalks or other paved areas within all landscaped areas. • NOTE: The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District (CFD). If the outlots are to be included into the CFD, the Department of Public Works will require that landscape and irrigation plans be submitted with landscape buffer plans for approval prior to inclusion into the CFD. c) Proceedings to place the Final Map into a CFD shall not commence until the Final Map has been annexed into the City of Fresno and the Final Map, Landscape and Street Construction Plans are considered to be technically correct. d) If the developer/subdivider elects to petition for annexation into the City's Community Facilities District, he/she shall be required to provide the City of Fresno, Department of Public Works, with copies of signed acknowledgments from each purchaser of a lot within the subdivision, attesting to the purchasers understanding that the lot will have an annual maintenance assessment and that he/she is aware of the estimated amount of the assessment. The developer/subdivider shall execute and record a covenant on each lot providing notice that the subject property is subject to annual payment of the Community Facilities District assessment. 54. Should the City Council or owner/developer choose not to include all of the maintenance items or certain items listed above in a CFD, then the property owner/developer shall be responsible for establishing a Home Owners' Association (HOA) or other property based management mechanism which provides for the maintenance of these items in a manner which provides appropriate security and is deemed acceptable to both the City of Fresno Development and Resource Management and Public Works Departments. a) The subdivider shall establish a Home Owners' Association (or other approved mechanism) to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City pursuant to Section 12-1026 of the FMC. The agreement with the City described herein, shall among other things, specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 10 • NOTE: Should the owner/developer elect to establish a HOA to perform maintenance obligations and assure that said obligations are met, then the owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. b) The proposed Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the proposed instruments for the homeowners association shall be submitted to the Development and Resource Management Department for review two weeks prior to final map approval. Said documents shall be recorded with the final map or alternatively submit recorded documents or documents for recording prior to final acceptance of subdivision improvements. Said documents shall include assignment of responsibility to the homeowners association for landscaping and other provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated September 01, 1994. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Lateral Sewer Charge[1] $0.10/sq. ft. (to 100' depth) b. Oversize Charge[1] $0.05/sq. ft. (to 100' depth) c. Trunk Sewer Charge[2] $344/living unit Service Area: Fowler d. Wastewater Facilities Charge[3] $2,119/living unit e. Fowler Trunk Sewer Interim Fee Surety [1] $574/living unit f. House Branch Sewer Charge [2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s) sizes specified by owner; fee for service(s) and Meter(s) established by the Master Fee Schedule. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge [1] $643/gross acre (parcels 5 gross acres or more) Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 11 j. Transmission Grid Main Bond Debt Service Charge [1] $243/gross acre (parcels 5 gross acres or more) k. UGM Water Supply Fee [2] $1,738/living unit Service Area: 501 s I. Well Head Treatment Fee [2] $79/living unit Service Area: 501 m. Recharge Fee [2] $56/living unit Service Area: 501 n. 1994 Bond Debt Service [1] $93/living unit Service Area: 501 URBAIV GROWTH MANAGEMENT FEE RATE o. Major Street Charge [1] $3,161/living unit Service Area: D-1/E-2 p. Major Street Bridge Charge [1] $304/living unit Service Area: D-1/E-2 CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE q. Fire Facilities Impact Fee — Citywide [4] $539/living unit r. Park Facility Impact Fee— Citywide [4] $2278/living unit s. Quimby Parkland Dedication Fee [2] $1120/living unit t. Police Facilities Impact Fee— Citywide [4] $624/living unit u. Traffic Signal Charge [1] $450.94/living unit v. Street Acquisition/Construction Charge [2] N/A On July 22, 2008,the Fresno County Board of Supervisors passed Ordinance No.2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. Conditions of Approval Vesting Tentative Tract Map No. 5571/UGM November 6, 2013 Page 12 [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. [5] Determined by Public Works. t Street Name Review TM-5571 05/07/13 Street Name Status Required Change East Dakota Avenue Good East Ramona Way Good East Ramona Avenue Chane East Giavanna Avenue East Surrey Lane Chane East Giavanna Avenue East Robinson Avenue(fronting lots 37-47) Good East Robinson Avenue (fronting lots 222-234) Chane East Giavanna Avenue East Garland Avenue Chane East Robinson Avenue East Fedora Avenue(fronting lots 96-117) Good East Fedora Avenue(fronting lots 253-261) Chane East Garland Avenue East Redlands Avenue(fronting lots 28,49-85) Good East Redlands Avenue (fronting lots 194-206) Chane East Fedora Avenue North Armstrong Avenue Good North Filbert Avenue Good North Shelly Avenue Good North Pearwood Avenue Good North Blau Avenue Chane North Carnia a Avenue North Apricot Avenue Good North Saddleback Avenue Good East Dayton Avenue Chane North Mckelvey Avenue East Black Beauty Lane Chane North Dee Ann Avenue North Clover Avenue Good North Temperance Avenue Good DEPARTMENT OF PUBLIC WORKS TO: Israel Trejo,Planner III Planning Division FROM: Hilary Kimber.Parks Supervisor H(559-621-1345) DATE: May 21, 2013 SUBJECT: Vesting Tentative Subdivision Map T-5571 (Located on the south side of East Dakota between North Armstrong and North Temperance Avenues)REVISED The Department of Public Works has reviewed the Vesting Tentative Subdivision Map proposed ON engineering plans prepared for Lennar Communities.,dated March 22, 2013. The Department of Public Works offers the following comments regarding the Street Tree,Buffer/Parkway and Median Island Landscape conditions. GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages and for the dedication of planting and buffer landscaping easements. Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage by the Developer. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards. Tree species to be planted as follows: STREET NAME STREET TREE SPECIES/COMMON NAME North Armstrong Avenue Nyssa sylvatica(Black Tupelo) North Temperance Avenue Platanus acerifolia `Columbia' (Columbia Sycamore)or Quercus virginiana(Southern Live Oak)IN PARKSTRIP ONLY(GOULD CANAL IN BUFFER) North Saddleback Avenue No designated tree species for this street. Please choose an appropriate street tree form the list of Master Street Trees North Arroyo Avenue No designated tree species for this street. Please choose an appropriate street tree form the list of Master Street Trees East Dakota Avenue Koelreuteria paniculata(Goldenrain Tree) 2. Street Tree Planting by Developer: For those lots having internal street tree frontage available for street tree planting,the developer shall plant one tree for each 60' of street frontage, or one tree per lot having street frontage,whichever is greater. a. Street tree inspection fees shall be collected for each 60'of public street frontage or one tree per lot whichever is greater. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works "Standard Specifications." c. Landscape plans for all public use areas, such as parkways, buffers,medians and trails, shall be reviewed and approved by the Department of Public Works, Engineering Services. A street tree planting permit shall be required for all residential street tree planting. d. Performance and payment securities,paid with final map,will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e. Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety days following acceptance. BUFFER LANDSCAPING&MAINTENANCE REQUIREMENTS 1. The subdivider is required to provide long term maintenance for the landscape in the landscape easements and rights-of-way. The subdivider may petition for annexation in the Community Facilities District,or may form a Home Owner's Association. 2. Buffer Maintenance Through Annexation to the Community Facilities District. Landscape and Irrigation plans are required and shall be submitted to the Department of Public Works for review and approval prior to a Council approval of the final map. Plans shall be numbered to conform to and be included in the Department of Public Works street construction plan set for the final map. Fees are applicable when the subdivider elects to maintain the buffer landscaping by annexing to the city's Community Facilities District. A. Landscaping shall comply with Landscape Buffer Development Standards approved by the City Council on October 2, 1990. Landscape and irrigation plans shall comply with Sections 12-306-23 &24 and 14-121 of the Fresno Municipal Code regarding Water Efficient Landscaping and Buffer landscaping and AB 1881. B. Should the proposed landscape buffers and/or parkway strips be located next to an existing buffer and/or parkway strip, the planting concept shall simulate the adjacent landscape design to present a more uniform appearance on the street. Variances in the landscape concept will be acceptable,but the design of the new landscape buffer and/or parkway strip shall strive to mimic the existing as much as possible. C. Landscape plans shall indicate grades on a cross-section detail to include fencing or wall details. All fencing shall be placed outside the landscape easement. Maximum slopes shall not exceed 4:1 with 1 foot of level ground between the slope and the back of the side walk and/or face of fence. Erosion control measures shall be implemented on all slopes of 4:1, including the use of synthetic erosion control netting in combination with ground cover species approved by the Department of Public Works/Engineering Services Division. D. The water meter(s) serving the buffer landscaping shall be sized for the anticipated service flows. E. No private flags,signs or identification of any kind shall be permitted in the right-of-way,within the City-controlled easement or on the fence or wall facing the street. F. Landscaping in the right-of-way and landscape setback adjacent to water well sites shall be the responsibility of the City of Fresno Water Division and may not be included in the CFD. MEDL4NISLAND LANDSCAPE REQUIREMENTS 1. When median islands front onto the proposed development project,applicants shall submit Plans to the Public Works/Enaineerin Services showinE the location and confieuration of all median islands fronting the proposed project. 2. The Public Works Department will review and evaluate existing median island(s) for a determination of all required improvements prior to approval of Final Map. 3. Landscape and irrigation is required on all new construction of median islands and shall be applied in accordance with the City of Fresno, Public Works Department Standards & Specifications and FMC sections 12-306-24 and 12-306-23. The Public Works Department requires all proposed median islands to be constructed with 2 foot wide colored concrete strips,flush along curb edge, in a 12 inch by 12 inch brick red slate pattern. 4. Trees shall not be planted in sections which are less than eight(8)feet wide unless approved by the Public Works Department. Sections less than eight (8) feet shall be capped with concrete as an integral part of the offsite improvements,whether the median is landscaped or not. OUTLOTS 1. The Department of Public Works will not be responsible for the maintenance of any outlots if they are not included into the Community Facilities District(CFD). If the outlots are to be included into the CFD, the Department of Public Works will require approving landscape and irrigation plans to be submitted with landscape buffer plans prior to inclusion into the CFD. TRAIL REQUIREMENTS 1. The trail shall be constructed in accordance with the"Master Trails Manual"and the Public Works Department standards. The subdivider is responsible for the trail construction. The subdivider is responsible for all landscape and irrigation improvements for and within the trail. Construction plans shall be submitted and shall include landscaping and automatic drip irrigation design. Trail cross-sections will be required with submittal of Street Plans and Land scaping/Irrigation Plans for review and approval. These plans shall be approved by the Department of Public Works. Landscaping within the regional/multipurpose trail shall include large, medium and low-growing shrubs planted from 3 to 6 feet apart depending on variety,and trees spaced approximately 25 to 45 feet apart to provide 50% shade coverage onto the planting area and pathway. Landscaping adjacent to walls or fences shall comply with "Landscaped Buffer Development Standards." All planting areas shall be irrigated with an automatic system. City Of . XV F -E �`) DATE: June 13, 2013 TO: Israel Trejo, Development Services/Planning Development and Resource Management Department FROM: Ann Lillie, Senior Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT: CONDITIONS OF VESTING TENTATIVE -TRACT MAP NO. 5571 FOR MAINTENANCE REQUIREMENTS LOCATION: 6809 East Dakota Avenue, APN 310-020-85S, 86S, 88S MAINTENANCE REQUIREMENTS OF PUBLIC IMPROVEMENTS NOTE: One-half of the median island landscaped area, irrigation system and hardscaping and all trees along North Temperance is included for required for maintenance of this subdivision. 1. The long term maintenance of certain required public improvements associated with this development is the ultimate responsibility of the property owner. The following Items are required for maintenance as associated with this subdivision: ■ Landscaped areas, all trees and irrigation systems, as approved by the Public Works Department, within the street rights-of-way, landscape easements and outlots; to include all median islands, traffic calming structures, parkways, buffers, trails, entry treatments, paseos and open spaces. All outlots shall be dedicated in fee to the City of Fresno or dedicated as an easement for maintenance purposes. ■ Concrete curb and gutters, valley gutters, sidewalks, curb rarrlps, traffic calming structures, median island concrete maintenance band and cap, and street lights in all Major Streets. ■ Concrete curb and gutters, valley gutters, sidewalks, curb ramps, traffic calming structures, median island curbing and hardscape, street paving, street name signage and street lights in all Interior Local Streets. ■ Additionally, any amenities within open spaces and trails shall be included. 2. The Property Owner may elect to petition the City for Council approval to have all or a portion of the required public improvements for this development annexed into the Community Facility District ("CFD"). If the Property Owner does not elect to have all or a portion annexed to the CFD, they shall create a Home Owner's Association or provide some other mechanism, approved by the Public Works Department, to satisfy these conditions. Any required maintenance items not included in the CFD shall be included in Page 1 of 2 REV:June 12,2013 TT5571—MAI NTE NANCE_CONDITIONS[1] the CC&Rs for the tract. 3. A complete Annexation Request Package shall be submitted for review and approval to the Public Works Department, Traffic and Engineering Services Division. The Annexation Request Form is available, along with current costs, on-line at the City's website at http://www.fresno.ctov/GoVemment/DeaartmentDirectory/PublipWorks/Developerpoorwav 4. Proceedings to process the final map into a CFD SHALL NOT commence until the final map has been annexed into the City of Fresno limits and the construction plans are considered technically correct. Any change to this development that would affect these conditions shall require a revision of this letter. For questions regarding these conditions please contact me at(559)621-8690 / ann.lillieC-fresno.cov Page 2 of 2 REV:June 12,2013 TT5571_MAI NTENANCE_CONDITI ONS[1] 0b00 Cil of t �ygl CO Department of Public Utilities—Water Division E J:DPW� U DATE: May 06, 2013 s `C%*G . was�P Providing Life's Essential Services TO: WILL TACKETT Planner III Development Department/Current Planning THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities,Water Division FROM: ROBERT A. DIAZ, Senior Engineering Technician Department of Public Utilities,Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-5571 UGM. General R-07-014 & T-5571-UGM were filed by Jeff Callaway of I.B.A. Civil Engineering and Land Surveying, on behalf of Lennar Communities, and pertain to 55.83 acres of property located on the south side of East Dakota Avenue between North Armstrong and North Temperance Avenues, 6809 East Dakota Avenue S-A, APN 310-020-85S, 86S, 88S. R-07-014 proposes to amend the Official Zone Map to rezone the subject property from the R-A-UGM, Single Family Residential Agricultural-Urban Growth Management, zone district to the R-1-UGM, Single Family Residential-Urban Growth Management zone district. T-5571-UGM proposes to subdivide the property into a 273-lot conventional single family residential subdivision. Water Service The nearest water mains to serve the proposed project are a 16-inch main located in East Dakota Avenue, a 16-inch main located in North Temperance Avenue and a 12-inch main located in North Armstrong Avenue. The following water improvements shall be required prior to providing City water service to the project: 1. Water mains (including installation of City fire hydrants) shall be extended within the proposed tract to provide service to each lot. 2. Separate water services with meters shall be provided to each lot created. 3. All public water facilities shall be constructed in accordance with City Standards, specifications, and policies. 4. Seal and abandon any existing on-site well in compliance with the State of California Well Standards, Bulletin 74-90 or current revisions issued by California Department of Water Resources and City of Fresno standards. 5. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification �s Y i= A Nationally Accredited Public UtilityAgency to the City Water System. Depict neighboring parcels and proposed plans for their continued service. 6. All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s), water service(s) and/or meter(s) installation(s). City Of "0 ' DEPARTMENT OF PUBLIC UTILITIES D.A'S�v ADMINISTRATION DIVISION c MEMORANDUM , co �CrAg .' Date: May 10,2013 Providing Lite's Essential5ervim To: ISRAEL TREJO Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-5571 UGM & REZONE APPLICATION R-07-14 General R-07-014 8 T-5571-UGM were filed by Jeff Callaway of I.B.A.Civil Engineering and Land Surveying,on behalf of Lennar Communities, and pertain to 55.83 acres of property located on the south side of East Dakota Avenue between North Armstrong and North Temperance Avenues, 6809 East Dakota Avenue S-A,APN 310-020-85S,86S,88S. R-07-014 proposes to amend the Official Zone-Map to rezone the subject property from the R-A-UGM, Single Family Residential Agricultural-Urban Growth Management, zone district to the R-1-UGM, Single Family Residential-Urban Growth Management zone district. T-5571-UGM proposes to subdivide the property into a 273-lot conventional single family residential subdivision. Sewer Requirements The nearest sanitary sewer mains to serve the proposed project are an 8-inch sewer main in N. Saddleback Avenue,a 10-inch sewer main in N. Armstrong Avenue, and an 8-inch sewer main in E. Dakota Avenue. Sewer facilities are available to provide service to the site subject to the following requirements: 1. All sanitary sewer mains shall be extended within the proposed tract to provide service to each lot. 2. Installation of sewer house branch(s)to each lot shall be required. 3. Abandon any existing on-site private septic systems. 4. A Preliminary sewer design layout shall be prepared by the Developers Engineer and submitted to the Department of Public Utilities for review and conceptual approvals prior to submittal or acceptance of the developers final map and engineered plan & profile improvement drawing for City review. 5. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed additions to the City Sewer System. H A Nationally Accredited Public Utility Agency 6. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. 7. Street easements and/or deeds shall be recorded prior to approval of improvement plans. 8. All underground utilities shall be installed prior to permanent street paving. Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Trunk Sewer Charge: Fowler 2. Sewer Lateral Charge 3. Oversize Sewer Charge 4. Wastewater Facilities Charge(Residential Only) l City of FrIESNO DEPARTMENT OF PUBLIC UTILITIES May 21, 2013 TO: Israel Trejo, Planner III Development and Resource Management Department, Development Services/Planning FROM: Chris Weibert, Management Analyst II Department of Public Utilities, Administration SUBJECT: TT 5571/UGM&R-07-014 Solid Waste Conditions of Approval Location: South Side of East Dakota Avenue between North Armstrong Avenue and North Temperance Avenue (APN 310-020-855, 865, 88S) The Department of Public Utilities, Solid Waste Division has completed a review of the Tentative Tract Map TT 5571 & R-07-014 that was submitted by Jeff Callaway of I.B.A. Civil Engineering and Land Surveying, on behalf of Lennar Communities. The following requirements and conditions are to be placed on this vesting tentative tract map as a condition of approval by the Department of Public Utilities. General Requirements: • Tract 5571 will be serviced as Single Family Residential properties with Basic Container Service. Property owners will receive 3 containers to be used as follows: 1 Gray container for solid waste, 1 Green container for green waste and 1 Blue container for recyclable material. • The owners, lessees or other tenants of the residential dwellings on service day, before 5:30 a.m., shall place their solid waste containers at the edge of the curb approximately 4 feet apart and shall not block any vehicle accesses, nor be placed within any traffic circle, in accordance with the City of Fresno's Solid Waste Management Division Standards. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(11). No solid waste container nor residential rubbish shall be allowed to remain at the curbline after 8:00 p.m. on the collection day. • Per Municipal Code, Section 6-205 Solid Waste, Recycling and Green Waste Disposal Regulations, Section (c)(10). No material container shall be stored in the front yard or side yard on a street as said yards are described in Chapter 12, Articles 2 and 3 of this Code, unless the container is screened from view from the street in accordance with that article of the Code. Covenant Requirements: There shall be no parking allowed in the cul-de-sacs on the solid waste service day. All lots that are part of a cul-de-sac shall be clear of all vehicles by 5:30 a.m. (Lot 257 on East Fedora Avenue). Page 1 of 1 Conditions of Approval TT5571&R-07-014,Revised 2.docx 44E SAll O FIRE MAY 1, 2013 TO: ISRAEL TREJO, Planner III Development Services/Planning Development Resource Managment FROM: LAURIE SAWRILL, Fire Inspector II Community Risk Reduction Unit Fresno Fire Department SUBJECT: Rezone Application no. R-07-14 Vesting Tentative Tract Map of Tract No. 5571/UGM General Requirements:. This project is subject to city wide fire service fees. Provide residential hydrants and fire flows per Public works standards. Access is acceptable as shown. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page 1 of4 PUBLIC AGENCY DEVELOPER ISRAEL TREJO JEFF CALLAWAY,IBA CIVIL ENGINEERING DEVELOPMENT SERVICES/PLANNING 5499 E.HEDGES AVE. mnmn CITY OF FRESNO FRESNO,CA 93727 2600 FRESNO STREET,THIRD FLOOD FRESNO,CA 93721 PROJECT NO: 5571 ADDRESS: 6809 E.DAKOTA AVE. S r APN: 310-020-85S,86S,US SENT: �3 Drainage Area(s) Preliminary Fee(s) BV $363,912.00 TOTAL FEE:$363,912.00 The proposed development will generate storm runoffwhich produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act..The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. ■ The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may be deferrable. ML Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that ■ configuration. ML c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constricting Master Plan drainage system facilities is credited against the drainage fee obligation. e.) When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, reimbursement will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requites Bre entitlement cancellation and a written request addressed to the f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. 5469 E.OLIVE-FRESNO,CA 93727-(559)456.7292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. — a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. I _ The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and C. Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: X Developer shall construct facilities as shown on Exhibit No. I as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". None required. 3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval: Il _X Grading Plan X Street Plan z X Storm Drain Plan X Water&Sewer Plan 0 X Final Map X Drainage Report(to be submitted with tentative map) Ul Other Ul — None Required W4 4. Availability of drainage facilities: _ Permanent drainage service is available provided the developer can verify to the satisfaction of the City AL that runoff can be safely conveyed to the Master Plan inlet(s). — b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. M X G Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action.(See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. 6. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E.OLIVE-FRESNO,G 93727-(559)456.3292-FAX(559)456.3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Pop 3 of 4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. it. State General Permit for Storm Water Discharges Associated with Construction Activities,approved August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board(State Board),develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April, 1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing; trucking;recycling;and waste and hazardous waste management Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine ■ site inspections,train employees in permit compliance,sample storm water runoff and test it for pollutant indicators,and annually submit a report to the State Board. c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Management Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, UlUl eliminate the potential for non-storm water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm water runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. ■ 9. The District reserves the right to modify,reduce or add to these requirements,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. -70 GWWd E.Lakeman Gary Chap District Engineer Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)45W292-FAX(559)456.3194 ' r FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of4 CC: PATRICK VINCENT RICCHIUTI 2917 E.SHEPHERD AVE. CLOVIS,CA 93611 LENNAR COMMINITIES 8080 N.PALM AVE.,SUITE 101 FRESNO,CA 93711 z 0 K ML ■ ML 5469 E.OLIVE-FRESNO,CA 93727-(559)456-IM-FAX(559)4563194 NOTE: THIS MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE. I ; I"" %�_a-_c=11 i I i I f I-i �i '`�-�'Ir`i�I • - _ r-- - I�- �i I , - I� I I -----------� _- If- G _I -❑ II I i_i I. I I ��J- -I� --I---I-- DAKOTA - 30" j I --- ---------- ---' �_----__ kLL�I_Q_ Z Ili/,i ._ Lul r ) I I TRACT/ 557-1 I Wl- I Ell I J// 11-1 _ I 1i I I I II ` I I N 4811 I --�-I li-------- ---- -----=i= I I I FL's, I I -----------" LEGEND ■ Master Plan Facilities To Be Constructed By Developer -Pipeline (Size Shown) & Inlet. (Creditable Facilities) Non-Master Plan Facilities To Be Constructed By Developer (Not Eligible For Fee Credit) 1 " =400 O— — Existing Master Plan Facilities o — — Existing Private Facilities Direction of Drainage TRACT 5571 V1 -———— Inlet Boundary DRAINAGE AREA "BV" Limits of Tract 5571 EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wadet Date:5/21/2013 Path:K:\Autooad\DWGS\OEXHIBIT\TRACTS\5571\5571.mxd OTHER REQUIREMENTS EXHIBIT NO. 2 The drainage fee identified on this notice has been computed at a rate corresponding to an R-1 zoning with 50% lot coverage. This drainage fee rate allows the developer the flexibility to develop the tract utilizing the maximum density allowed by the City of Fresno's adoption of Variety Pac No. 3. The developer may desire to develop the tract in a manner that has lot coverage below this density. The developer may provide the District actual lot coverage densities showing reduced lot coverage. The final drainage fee will be calculated commensurate with the lot coverage provided by the developer. The drainage fee rate schedule has provisions for R-1 rates at 40%, 45% and 50% lot coverage. The lot coverage calculated by the District includes a front yard walkway, a side yard walkway and a rear yard patio equaling an additional 5% of impervious area in addition to the City's typical lot coverage calculation. The cost of construction of Master Plan facilities, excluding dedication of storm drainage easements, is eligible for credit against the drainage fee of the drainage area served by the facilities. A Development Agreement shall be executed with the District to effect such credit. Reimbursement provisions, in accordance with the Drainage Fee Ordinance, will be included to the extent that Developer's Master Plan costs for an individual drainage area exceed the fee of said area. Should the facilities cost for such individual area total less than the fee of said area, the difference shall be paid upon demand to the City or District. Development No. Tract 5571 v.l engr\permits\exhibit2\tract\5571 v.l(gc) r i TELEPHONE(660)213-7161 FAk.(666)333.6227 2907 8.MAPLE AVENUE FR ANP;:PAIIPoft !31'16-226.8 - YOUR MQ$T VALUABLE RE8QUR��-YI/ATER May 6, 2013 Mr. Israel Trejo City of Fresno Planning & Development Department 2600 Fresno Street, Third Floor Fresno, CA 93721 RE: City of Fresno Rezone No. 07-14 and Tract No. 5571/UGM Dakota Avenue from Armstrong to Temperance avenues; Ricchiuti Canal (Private) Dear Mr. Trejo The Fresno Irrigation District (FID) has reviewed the Rezone Application No. R-07-14 and Vesting Tentative Map of Tract No. 5571/UGM by Lennar Communities to develop 5.5.83 acres of property into 273 residential lots located,on the south side of East Dakota Avenue between Armstrong and Temperance avenues, APN 310-020-85S, 86S, 88S, and has the following comments and conditions: 1. FID does not own, operate, or maintain any facilities located within the limits of the proposed development location as indicated on the attached FID exhibit map. 2. For informational.purposes; a privately owned canal known as the Ricchiuti pipeline runs southerly'along -the west side of Temperance Avenue as shown on the.attached.FID exhibit map. FID does not own, operate or maintain this private canal. FID's records indicate that the canal is active and will need to be treated - as such. FID can. supply the City with a list of users for this private line upon request. BOARD OF Pres.ldant RYAN. JACOBSEN, Vlce-Pre.sId.anl STEVEN BALLS DIRECTORS JEFFERY NEELY, GEORGE PORTER, GREGORY BEBERIAN, General Manager GARY R.SERRATO I W Israel Trejo W-fwoneM. 0-1.4 and`TNact,No, 6571 APHI,24,2013 is Paget of 2 �I 3.. For informational purposes;FID's Gould.No. 97;Canal runs northwesterly and crosses Temperance Avenue,.8ppfoximately 1,.020.feet north of.the.subject property'as shown on the attached FID exnibrt mapsftould.thfs project expand to include any street and.or utility.impr6vemenW6long Temperance Avenue and in the vicinity of the cana[�cros`sing, FID requires it reviib. and approve all plans. 4. The,proposed development may negatively impact local-groundwater supplies. The area is currently agricultural land and a significant portion of its water supply is imported surface water, supplemented by groundwater pumping. Under current circumstances the project area is.experiencing a modest but.continuing groundwater overdraft. Should the proposed development result,in a conversion t from imported surface water to groundwater, this deficit will increase. FID suggests the City of Fresno require the proposed development balance i anticipated groundwater use with sufficient recharge of imported surface water in j order to preclude increasing the area's existing groundwater overdraft. Thank you for submitting this for our review. We appreciate the opportunity to review and comment on the subject documents for the proposed project. If you have any questions please feel free to.contact Walid Almasri at (559) 233-7161 extension 7407 or walmasri@fresnoirrigation.com. Sincerely, William R. Stretch, P.E. Assistant General Manager- Operations Attachment CAUsers\walmasrADesktop\Project Reviews\Tentative Tract 5571\Tentative Tract 5571 Final.doc LISS� C ,c :I yE Z� zBu IGO- A —13URGAN O p -C- 'I PRE S. ' Z , � i - 11m"��"111f1L .t__n - -I �zB m m+L " I25.IM _ N SHELLY n D M m o - SHE all i EARWOOD� -� �P D � � � _ � - •�'� 1 1 2. ,-i � •",gyp.- n aAF R1861T '�" F �i.` Wiz- +LAPRIC0 S -APRICOT i - -1(n - RIC-T- I ' _ �. iF a 1 McKEL1/Y•„ --4 --170 �,sem: Si;ti '' O I. ; --F � � •–'d– — NNV��O :� cin� +~_ �T �O� '�, Ile III I �{ � C� jZl S 'O —47_. az III I I jD _ m 0* �bz_ ARR ARROYQ �iz.. ._ C YO'� $ $ I z tCLOVEI, =-7or- C CLOVER-•�. T 171 allL -- ( (p SON a m r �, �HE .- 44 APPL"EGATE; �'* m O' no� �^" II ='• � tZn � cn REDDA js. - - - ,JASON, •gin JANICE �` - .. _,■.��"'CAF2SON, G) I - ORNET < 1 II [ z T - m0 CD? _ YANI 9 i I CHNEIDERn Z � 1 m ; 1� I tz 0. rFtYANI f 2 I STANLEY u+ k I � I I :� - REE IELD m l� San Joaquin Valley AIR POLLUTION CONTROL DISTRICT H EALTHY A I R LIVI N G- April 25, 2013 Israel Trejo City of Fresno Development & Resource Management 2600 Fresno Street, Third Floor Fresno, CA 93721 Agency Project: Rezone Application No. R-07-14 and Vesting Tentative Map of Tract No. 5571/UGM District CEQA Reference No: C20130375 Dear Mr. Trejo: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of a proposal to amend the Official Zone Map to rezone the subject property from R-A/UGM (Single Family Residential Agricultural/Urban Grown Management) zone district to the R-1/UGM (Single Family Residential/Urban Grown Management) zone district and subdivide the property into a 273-lot conventional single family residential subdivision, located at 6809 East Dakota Avenue (APN 310-020-85S, 86S, and 88S), in Fresno, CA, The District offers the following comments: 1. Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tons/year ROG, and 15 tons/year PM10. Therefore, the District concludes that project specific criteria pollutant emissions would have no significant adverse impact on air quality. 2. Based on information provided to the District, at full build-out the proposed project would be equal to or greater than 50 residential dwelling units. Therefore, the District concludes that the proposed project would be subject to District Rule 9510 (Indirect Source Review). District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final Seyed Sadredin Executive DirectorlAir Pollution Control Officer Northern Region Central Region(Main Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover Court Modesto,CA 95356-8718 Fresno,CA 937260244 Bakersfield,CA 933089725 Tel:(209)557-6400 FAX:(209)557.6475 Tel:(559)2306000 FAX:(559)2306061 Tel:661.392.5500 FAX:661.392.5585 www.valleyair.org wvmhealthyairliving.com Primedcpded paper. District CEQA Reference No:20130375 Page 2 discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, 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/ISR/ISRHome.htm. 3. The proposed 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.valleyair.org/rules/1 ruleslist.htm. 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call Angel Lor at (559) 230-5808. Sincerely, David Warner Director of Permit Services PV: Arn d Marjollet Permit Services Manager DW: al San Joaquin Valley AIR POLLUTION CONTROL DISTRICT HEALTHY AIR LIVING- May 7, 2013 Israel Trejo City of Fresno Development & Resource Management 2600 Fresno Street Fresno, CA 93721 Project: Rezone Application No. R-07-14, VTM of Tract No. 5571/UGM District CEQA Reference No: 20130393 Dear Mr. Trejo: The San Joaquin Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of rezoning from R-A/UGM to R-1 UGM. The rezoning of land into individual parcels will not have an impact on air quality. However, if approved, future development will contribute to the overall decline in air quality due to construction activities, increased traffic, and ongoing operational emissions. The District offers the following comments: 1. Future development may require further environmental review and mitigation. Referral documents for those projects should include a project summary detailing, at a minimum, -the land use designation, project size, and proximity to sensitive receptors and existing emission sources. 2. 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 Seyed Sadredin Executive Director/Air Pollution Control Officer Northern Region Central Region(Main Office) Southern Region 4800 Enterprise Way 1990 E.Gettysburg Avenue 34946 Flyover Court Modesto,CA 953568718 Fresno,CA 937260244 Bakersfield,CA 933089725 Tel:(209)557-6400 FAX:(209)5576475 Tel:(559)2306000 FAX:(559)2306061 Tel:661.392.5500 FAX:661.392-5585 www.valleyair.org www.healthyairliving.com %inietl an iecgled Dxpei. District Reference No. 20130393 Page 2 • 20,000 square feet of recreational space; or • 9,000 square feet of space not identified above 3. District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, 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/ISR/ISRHome.htm. 4. 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). 5. 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/1 ruleslist.htm. 6. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call David McDonough, at (559) 230-5920. Sincerely, David Warner Director of Permit Service 4 Jv�6Gfi( A_ Arnaud Marjollet Permit Services Manager DW:dm Cc: File CLOVIS U N I F I E D SCHOOL DISTRICT Governing Board April 24, 2013 Sandra A.Bengel Christopher Casado Israel Trejo Brian D.Heryford Development Services/Planning Ginny L.Hovseplan 2600 Fresno ST Third Floor Richard Lake,C.P.A. Fresno, CA 93721-3604 Elizabeth J.Sandoval Jim Van Volkinburg,D.D.S. SUBJECT: Tract 5571/UGM Southwest corner of Temperance and Dakota Avenues Administration Janet L.Young,Ed.D. Superintendent Carlo Prandlnl, Ph.D. Associate Superintendent Cheryl Rogers,Ed.D. Associate Superintendent i Steve Ward Associate Superintendent Dear Mr. Trejo: The purpose of this letter is to provide school district information relative to the above- referenced subdivision and to comply with Business and Professions Code section 11010, subdivision (b)(1 1)(A) regarding the provision of school-related information to the subdivider/owner and the State Department of Real Estate. 1. Elementary School Information: (a) The subject land is presently within the attendance area of the elementary school (grades K-6) listed below: i School Name: Oraze Elementary School Address: 3468 NArmstrong Ave Fresno CA 93727 Telephone: (559) 327-1700 Capacity: 688 Enrollment: 647(CBEDS enrollment 2012-13 school year) (b) Because of projected growth in the District and the District's plans for - construction of new school facilities, it is possible that (1) adjustment of school attendance areas could occur in the future such that students residing in the project area may be required to attend an elementary school other than the school f listed above, and (2) students residing in the project area may attend more than one elementary school within the District during their elementary school years. 1480 Herndon Avenue•Clovis,CA 93611-0599 559-327-9000 •www.cusd.com 2. Intermediate School Information: School Name: Reyburn Intermediate Address: 2901 DewolfAve Clovis CA 93619-5226 Telephone: (559) 327-4500 Capacity: 1489 Enrollment: 1120(CBEDS enrollment 2012-13 school year) 3. High School Information: School Name: Clovis East High School Address: 2940 Leonard Ave Clovis CA 93619-8446 Telephone: (559) 327-4000 Capacity: 2873 Enrollment: 2087(CBEDS enrollment 2012-13 school year) 3. Bus transportation is currently provided for grades K-6 students residing further than one mile from school and for grades 7-12 students residing further than two and one-half miles from school. Transportation will be available for students attending the above-identified elementary, intermediate and high schools in accordance with District standards in effect at the time of enrollment. 4. The District currently levies a school facilities fee of $3.23 per square foot (as of July 11, 2012) for residential development. The fee is adjusted periodically in accordance with law. New development on the subject property will be subject to the fee in place at the time fee certificates are obtained. The District hereby requests that the information in this letter be provided by the owner/subdivider to all prospective purchasers of property within the project. Thank you for the opportunity to comment on the project. Please contact me if you have any questions regarding this letter. Sincerely, Steve Ward Associate Superintendent Administrative Services COUP County of Fresno i8 ><BSDEPARTMENT OF PUBLIC HEALTH o EDWARD L. MORENO, M.D., M.P.H. DIRECTOR-HEALTH OFFICER April 26, 2013 999999999 L00016743 Israel Trejo PE 2602 City of Fresno Development Department 2600 Fresn6 Street Fresno, CA 93721 Dear Mr. Trejo: PROJECT NUMBER: R-12-007, T-5571/UGM Rezone Application No. R-07-14 and Vesting Tentative Map of Tract No. 5571/UGM were filed by Jeff Callaway of I.B.A. Civil Engineering and Land Surveying, on behalf of Lennar Communities, and pertain to 55.83 acres of property located on the south side of East Dakota Avenue between North Armstrong and North Temperance Avenues. Rezone Application No. R-07-14 proposes to amend the Official Zone Map to rezone the subject property from the R-A/UGM (Single Family Residential Agricultural/Urban Growth Management)zone district to the R-1/UGM (Single Family Residential/Urban Growth Management)zone district. Vesting Tentative Map of Tract No. 5571/UGM proposes to subdivide the property into a 273-lot conventional single family residential subdivision. APN: 310-020-85S, 86S, 88S ZONING: R-A/UGM to R-1/UGM SITE ADDRESS: 6809 EAST DAKOTA AVENUE (S/A) Recommended Conditions of Approval: • Construction permits for development should be subject to assurance of sewer capacity of the Regional Wastewater Treatment Facility. Concurrence should be obtained from the California Regional Water Quality Control Board (RWQCB). For more information, contact staff at (559)445-5116. • Construction permits for the development should be subject to assurance that the City of Fresno community water system has the capacity and quality to serve this project. Concurrence should be obtained from the State Department of Health Services, Division of Drinking Water and Environmental Management(DDWEM). For more information call (559)447-3300. • All water wells(not intended for use by the project)and septic systems that exist or have been abandoned within the project area shall be properly destroyed by an appropriately licensed contractor. Prior to destruction of agricultural wells, a sample of the upper most fluid in the well column should be sampled for lubricating oil. The presence of oil staining around the well may indicate the use of lubricating oil to maintain the well pump. Should lubricating oil be found Dedicated to Public Health 1221 Fulton Mall/P.O. Box 11867, Fresno,California 93775/(559)600-3271/FAX(559)600-7629 Equal Employment Opportunity•Affirmative Action Disabled Employer www.fcdph.org j t Israel Trejo April 26, 2013 R-07-014, T-5571/UG M Page 2 of 2 in the well, the oil should be removed from the well prior to placement of fill material for destruction. The 'oily water" removed from the well must be handled in accordance with federal, state and local government requirements. Transportation of these materials on public roadways may require special permits and licensure. • Should any underground storage tank(s) be found during the project, the applicant shall apply for and secure an Underground Storage Tank Removal Permit from the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unified Program Agency at(559)600-3271 for more information. • Due to the proximity of the proposed residential uses to an existing thoroughfare, consideration should be given to conformance with the Noise Element of the City of Fresno General Plan. A noise study should be conducted in order to identify the potential noise impacts and offer mitigation alternatives REVIEWED BY: ' lnlly signed by KNIn 7suda Kevin Tsud// 111ywk1Xsud`eKaIdhe,°sn'oc�ean�, -U5 DAW.2013A426 M2912 47W Kevin Tsuda, R.E.H.S. Environmental Health Specialist II Environmental Health Division (559)600-3271 KT cc. Wayne Fox, Supervising Environmental Health Specialist(CT 58.03) Jeff Callaway, Applicant(icallawavO-ibaeng.com) Dedicated to Public Health 1221 Fulton Mall/P.O.Box 11867,Fresno,California 93775/(559)600-3271]FAX(559)600-7633 Equal Employment Opportunity•Affirmative Action • Disabled Employer www.fcdph.org CITY OF FRESNO— ENVIRONMENTAL ASSESSMENT FINDING OF CONFORMITY/MEIR NO. 10130/MND FOR PLAN AMENDMENT A-09-02 (AIR QUALITY MND) DATE RECEIVED FOR FILING: Pursuant to Section 21157.1 of the California Public Resource Code (California Environmental Quality Act) the project described below is determined to be within the scope of the Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan Applicant: Initial Study Prepared By: Lennar Communities Planner: Israel Trejo 8080 North Palm Avenue, #110 Date: October 4, 2013 Fresno, CA 93711 Environmental Assessment Number: R-07-014/T-5571 Project Location (including APN): Southwest corner of North Temperance and East Rezone Application No. R-07-014 and Vesting Tentative Dakota Avenues Tract Map No. 5571/UGM APN: 310-020-85, -86, -88 Project Description: Jeff Callaway, on behalf of Lennar Communities, has filed Vesting Tentative Tract Map No. 5571/UGM and Rezone Application No. R-07-014 pertaining to approximately 55.83 acres of property located on the southwest corner of North Temperance and East Dakota Avenues. Vesting Tentative Tract Map No. T-5571/UGM proposes to subdivide the property into a 273-lot single family residential subdivision. Rezone Application No. R-07-014 proposes to rezone the subject site from the R-A/UGM (Single Family Residential- Agricultural DistricNUrban Growth Management) zone district to the R-1/UGM (Single Family Residential DistricNUrban Growth Management) zone district. The property is located within the jurisdiction of the McLane Community Plan and the 2025 Fresno General Plan. The McLane Community Plan and the 2025 Fresno General Plan designate the subject property for medium density residential planned land uses. The application is a request to subdivide approximately 55.83 acres into a 273-lot lot single-family residential subdivision. The proposed tract map and rezone applications are consistent with the planned land use designation of medium density residential. Conformance to Master Environmental Impact Report(MEIR) NO. 10130: The adopted 2025 Fresno General Plan and the McLane Community Plan designate the subject site for medium density residential planned land uses. The proposed R-1/UGM (Single Family Residential/Urban Growth Management) zone district for the subject property conforms to the medium density residential planned land use designation. The Development and Resource Management Department staff has prepared an Initial Study (See Attached "Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study") to evaluate the proposed Vesting Tentative Tract Map and Rezone applications in accordance with the land use and environmental policies and provisions of lead agency City of Fresno's 2025 Fresno General Plan (SCH # 2001071097), the related Master Environmental Impact Report (MEIR) No. 10130 and the Mitigated Negative Declaration prepared for Plan Amendment A-09- 02 to amend the Air Quality Element of the 2025 Fresno General Plan (Air Quality MND). The subject property may be developed at an intensity and scale that is permitted by the planned land use designation and proposed zone district classification for the site. Thus, the proposed Vesting Tentative Tract Map and Rezone applications will not facilitate an additional intensification of uses beyond that which already exists or would be allowed by the above-noted planned land use designation. Moreover, it is not expected that the future development will adversely impact existing city service systems or the traffic circulation system that serves the subject property. These infrastructure findings have been verified by the Public Works and Public Finding of Conformity Under MEIR No. 10130 and the Air Quality MND prepared for Rezone No. R-07-014 &Vesting Tentative Tract Map No. 5571/UGM Environmental Assessment No. R-07-014/T-5571 October 4, 2013 Page 2 Utilities Departments. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and the Air Quality MND have been applied to the project 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 No. 10130 as provided by CEQA Guidelines Section 15177(b)(3). Pursuant to Section 21157.1 of the California Public Resources Code (California Environmental Quality Act), it may be determined that a subsequent project, as identified in the MEIR pursuant to Section 21157(b)(2) of the Public Resources Code and CEQA Guidelines Section 15177, falls within the scope of a HEIR, provided that the project does not cause additional significant impacts on the environment that were not previously examined by the MEIR and the Air Quality MND. Relative to this specific project proposal, the environmental impacts noted in the MEIR and the Air Quality MND, pursuant to the 2025 Fresno General Plan land use designations, include impacts associated with the medium density residential planned land use designation specified for the subject property. Based on this Initial Study, the following findings are made: (1) The proposed project was identified as a Subsequent Project in MEIR No. 10130 because its, location, land use designation and permissible densities and intensities are set forth in Figure 1-1 of MEIR No. 10130; (2) The proposed project is fully within the scope of the K/IEIR and Air Quality MND because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR or Air Quality MND for the reasons set forth in the Initial Study; and (3) other than identified below, there are no new or additional mitigation measures or alternatives required. In addition, after conducting a review of the adequacy of the MEIR pursuant to Public Resources Code Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted 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 and the Air Quality MND was adopted, has become available. Moreover, as lead agency for this project, the Development and Resource Management Department, per Section 15177(d) of the CEQA Guidelines, has determined that all feasible mitigation measures from MEIR No. 10130 and the Air Quality MND shall be applied to the project as conditions of approval as set forth in the attached Mitigation Monitoring Checklist (See "Master Environmental Impact Report(MEIR) No. 10130/SCH No. 2001071097 for the 2025 General Plan, Mitigation Monitoring Checklist). Public notice has been provided regarding staffs finding in the manner prescribed by Section 15177(d) of the CEQA Guidelines and by Section 21092 of the California Public Resources Code (CEQA provisions). October 4 2013 Will Tackett Date Supervising P nner, City of Fresno Attachments: Notice of Intent to Adopt A Finding of Conformity Modified Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No. R-07-014/T-5571 Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 For the 2025 General Plan: Mitigation MEIR Mitigation Monitoring Checklist for Environmental Assessment No. R-07-014/T-5571 Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of MEIR Analysis with Regard to Air Quality and Climate Change) CA0031810 CITY OF FRESNO Filed with: NOTICE OF INTENT TO ADOPT A FINDING OF CONFORMITY E201310000249 PROJECT TITLE AND ENVIRONMENTAL ASSESSMENT Vesting Tentative Tract Map No. T-5571/UGM FRESNO COUNTY CLERK APPLICANT: 2221 KenrStr�t, F sno, 0 93721 Lennar Communities 8080 North Palm Avenue, #110 D Fresno, CA 93711 PROJECT LOCATION: OCTp 4 2013 Southwest comer of North Temperance and east Dakota By FRE C ERK Avenues DEPUTY 360 47' 47.1343" N Latitude, 1190 39' 58.851"W Longitude (APN: 310-020-85, -86, -88) PROJECT DESCRIPTION: Jeff Callaway, on behalf of Lennar Communities, has filed Vesting Tentative Tract Map No. 5571/UGM pertaining to approximately 55.83 acres of property located on the southwest corner of North Temperance and East Dakota Avenues. Vesting Tentative Tract Map No. T-5571/UGM proposes to subdivide the property into a 273-lot single family residential subdivision. The application Is consistent with the planned land uses of medium density residential as designated by both the 2025 Fresno General Plan and the McLane Community Plan. The City of Fresno has conducted an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report No. 10130 (MEIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air Quality MND). Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project. With the mitigation imposed, there Is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not Identified and analyzed In the MEIR and Air Quality MND. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted 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 and the Air Quality MND was adopted, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that Section. Additional Information on the proposed project, including the MEIR, Air Quality MND, proposed environmental finding and the initial study may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604. Please contact Israel Trejo at (559)621-8044 for more information. Pg. 1 of 2 Notice of Intent to File Finding of Conformity EA No.T-5571 October 4, 2013 ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state (1) the commentor's name and address; (2) the commentor's interest in, or relationship to, the project; (3) the environmental determination being commented upon; and (4) the specific reason(s) why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on November 5, 2013. Please direct comments to Israel Trejo, Planner, City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3043, Fresno, California, 93721-3604; or by email to Israel.Trelo@fresno.gov; or comments can be sent by facsimile to (559) 498-1026. INITIAL STUDY PREPARED BY: SUBMITTED B Israel Trejo, Planner Will Tack , upervising Planner DATE: October 4, 2013 CITY OF ESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT E201310000249 Pg. 2 of 2 APPENDIX G TO ANALYZE SUBSEQUENT PROJECT IDENTIFIED IN MEIR NO. 10130 / MND FOR PLAN AMENDMENT A-09-02 (AIR QUALITY MND) / INITIAL STUDY Environmental Checklist Form for: EA No. R-07-014/T-5571 1. Project title: Rezone Application No. R-07-014 and Vesting Tentative Tract Map No. 5571/UGM 2. Lead agency name and address: City of Fresno Development and Resource Management Department 2600 Fresno Street Fresno, CA 93721 3. Contact person and phone number: Israel Treio, Planner City of Fresno Development & Resource Management Dept. (559) 621-8044 4. Project location: Located on the southwest corner of North Temperance and East Dakota Avenues, in the City and County of Fresno, California Assessor's Parcel Number(s): 310-020-85, -86, -88 5. Project sponsor's name and address: Lennar Communities 8080 North Palm Avenue, #110 Fresno, CA 93711 6. General plan designation: The McLane Community Plan and the 2025 Fresno General Plan designate the subject property for medium density residential planned land uses -1- 7. Zoning: The application is a request to rezone the property from the R-A/UGM (Single Family Residential-Agricultural District/Urban Growth Management) zone district to the R-1/UGM (Single Family Residential DistricdUrban Growth Management)zone district 8. Description of project: Subdivide approximately 55.83 acres into a 273-lot single family residential subdivision 9. Surrounding land uses and setting: Planned Land Use Existing Zoning Existing Land Use R-A/UGM North Low Density Residential Single Family Residential- Rural Residential & Agricultural District/Urban Single-family Residential Growth Management R-1//UGM Single Family Residential East Medium Density Residential District/Urban Growth Single-family Residential Management R-1//UGM South Medium Density Residential Single Family ResidentialDistrict/Urban Growth Single-family Residential Management R-A/UGM Single Family Residential- West Medium Density Residential Agricultural District/Urban Agricultural Growth Management 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): City of Fresno (COF) Department of Public Works: COF Department of Public Uitlities: COF Building and Safety Services Division: COF Fire Department: Fresno Metropolitan Flood Control District: and, San Joaquin Valley Air Pollution Control District. -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Pursuant to Public Resources Code Section 21157.1(b) and CEQA Guidelines 15177(b)(2), the purpose of this MEIR initial study is to analyze whether the subsequent project was described in the Master Environmental Impact Report No. 10130 and whether the subsequent project may cause any additional significant effect on the environment, which was not previously examined in MEIR No. 10130 ("MEIR") or the Mitigated Negative Declaration prepared for Plan Amendment A-09-02 to amend the Air Quality Element of the 2025 Fresno General Plan (SCH # 2009051016) ("Air Quality MND"). 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. Agriculture and Forestry Aesthetics Resources Air Quality Biological Resources Cultural Resources Geology/Soils Greenhouse Gas Hazards & Hazardous Emissions Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population /Housing Public Services Recreation Mandatory Findings of Transportation/Traffic Utilities/Service Systems Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: X I find that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the MEIR and Air Quality MND because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND such that no new additional mitigation measures or alternatives may be required. All applicable mitigation measures contained in the Mitigation Monitoring Checklist shall be imposed upon the proposed project. A FINDING OF CONFORMITY will be prepared. I find that the proposed project is a subsequent project identified in the MEIR and Air Quality MND but that it is not fully within the scope of the MEIR and Air Quality MND because the proposed project could have a significant effect on the environment that was not examined in the MEIR or Air Quality MND. However, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. The project specific mitigation measures and all applicable mitigation measures contained in the MEIR Mitigation Monitoring Checklist -3- will be imposed upon the proposed project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project is a subsequent project identified in the MEIR but that it MAY have a significant effect on the environment that was not examined in the MEIR or Air Quality MND, and an ENVIRONMENTAL IMPACT REPORT is required to analyze the potentially significant effects not examined in the MEIR or Air Quality MND pursuant to Public Resources Code Section 21157.1(d) and CEQA Guidelines 15178(a). October 4, 2013 Signat a Date EVALUATION OF ADDITIONAL ENVIRONMENTAL IMPACTS NOT ASSESSED IN THE MEIR or Air Quality MND: 1. For purposes of this MEIR Initial Study, the following answers have the corresponding meanings: a. "No Impact" means the subsequent project will not cause any additional significant effect related to the threshold under consideration which was not previously examined in the MEIR or Air Quality MND. b. "Less Than Significant Impact" means there is an impact related to the threshold under consideration that was not previously examined in the MEIR or Air Quality MND, but that impact is less than significant; c. "Less Than Significant with Mitigation Incorporation" means there is a potentially significant impact related to the threshold under consideration that was not previously examined in the MEIR or Air Quality MND, however, with the mitigation incorporated into the project, the impact is less than significant. d. "Potentially Significant Impact" means there is an additional potentially significant effect related to the threshold under consideration that was not previously examined in the MEIR or Air Quality MND. 2. 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). -4- 3. 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. 4. 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. 5. A "Finding of Conformity" is a determination based on an initial study that the proposed project is a subsequent project identified in the MEIR and that it is fully within the scope of the IVIEIR and Air Quality HIND because it would have no additional significant effects that were not examined in the MEIR or the Air Quality MND. 6. "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 Section XVII, "Earlier Analyses," may be cross-referenced). 7. Earlier analyses may be used where, pursuant to the tiering, program EIR or MIER, 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 the MEIR or another 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. 8. 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. 9. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. -5- 10. 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. 11. 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 Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated I. AESTHETICS --Would the project: a) Have a substantial adverse effect on a scenic vista. x b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a x state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its x surroundings? d) Create a new source of substantial light or glare which would adversely affect day or x nighttime views in the area? The subject property is used for agriculture. The site is located within an area which has been substantially developed. Any development on the subject site would be consistent with existing development and required to comply with the development standards (including height) of the R-1 (Single Family Residential District) zone district, therefore no scenic vista will be obstructed by the development. The project is not performing any work within a state scenic highway, therefore, the project will not substantially damage scenic resources, including, trees, rock outcroppings, and historic buildings within a state scenic highway. The project is proposing residential development consistent with the predominant development in the area, therefore it will not substantially degrade the existing visual character or quality of the site and its surroundings. Furthermore, development of the site will not create a new source of substantial light or glare which would affect day or night time views in the project area, given that the project will only have lights consistent with other residential locations in the area. -6- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated II. AGRICULTURE AND FORESTRY 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) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. -- 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 x 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 x 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 x Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? x e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of x Farmland, to non-agricultural use? The subject property is deemed Farmland of Statewide Importance and Unique Farmland, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. The subject property contains approximately 55.83 acres and is currently developed with nut trees. The site also contains a temporary ponding basin. Though the site is deemed Farmland of Statewide Importance and Unique Farmland, the property has changed dramatically in the past few years. To the west of the site, an elementary school has been constructed. Additionally, to the south, a residential subdivision has been recently developed. With the development of the school and the subdivision, most of the subject property has been developed with urban uses, thereby leaving the subject property ready for -7- development. Finally, the proposed development is within the city's incorporated boundaries and is consistent with the General Plan. The project site is planned for residential uses and does not have a Williamson Act contract. The site is planned for residential uses, therefore it will not conflict with existing zoning for, or cause rezoning of, forest land or timberland. The subject area is surrounded by residential uses to the north, east and south. As noted previously, the property has been slowly developed with urban uses; said development has left the subject site with an odd shape and next to sensitive uses. Due to the configuration of the site, and surrounding urban uses, the subject site can reasonably be expected to be developed and not remain with an agricultural uses. As such, the project has less than significant potential to facilitate the conversion of farmland. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated III. AIR QUALITY AND GLOBAL CLIMATE CHANGE - (Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.)-- Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? x b) Violate any air quality standard or contribute substantially to an existing or x 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 x standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? x e) Create objectionable odors affecting a substantial number of people? x The proposed project will comply with the Resource Conservation Element (regarding Air Quality) of the 2025 Fresno General Plan and the Goals, Policies and Objectives of the Regional Transportation Plan adopted by the Fresno Council of Fresno County Governments, therefore the project will not conflict with or obstruct an applicable air quality plan. The project must comply with the construction and development requirements of the San Joaquin Valley Air Pollution Control District, therefore, no violations of air quality standards will occur. The project will not occur at a scale or scope to have potential to contribute substantially to existing or projected air quality violation. Additionally, the project will not occur at a scale or scope which -8- will result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment. The proposed project is not proposed at a scale or scope which would be expected to generate substantial pollutant concentrations, therefore there will be no exposure to sensitive receptors. The project is proposing a residential use, therefore it is not expected to create objectionable odors affecting a substantial number of people. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated 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 X regional plans, policies, or regulations, or by the California Department of Fish and Game or 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 X plans, policies, regulations or by the California Department of Fish and Game or US 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 X 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 X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, X such as a tree preservation policy or ordinance? -9- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other X approved local, regional, or state habitat conservation plan? The proposed project would not directly affect any sensitive, special status, or candidate species, nor would it modify any habitat that supports them. There is no riparian habitat or any other sensitive natural community identified in the vicinity of the proposed project by the California Department of Fish and Game or the US Fish and Wildlife Service. No federally protected wetlands are located on the subject site. Therefore, there would be no impacts to species, riparian habitat or other sensitive communities and wetlands. The site is not located within a native resident or migratory fish area, therefore it will not impede on their movement. The proposed project does not contain a native wildlife nursery site. No local policies, habitat conservation plan, regarding biological resources are applicable to the subject site and there would be no impacts with regard to those plans. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as X defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological X resource pursuant to'15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique X geologic feature? d) Disturb any human remains, including X those interred outside of formal cemeteries? The project proposes a use (residential) that substantially exists in the vicinity, therefore it is not expected to cause a substantial adverse change in the significance of a historical resource. There is no evidence that cultural resources of any type (including historical, archaeological, paleontological, or unique geologic features) exist on the subject property. Therefore, it is not -10- expected that the proposed project may impact cultural resources. It should be noted however that lack of surface evidence of historical resources does not preclude the subsurface existence of archaeological resources. Therefore, due to the ground disturbing activities that will occur as a result of the project, the measures within the Master Environmental Impact Report No. 10130/SCH No. 2001071097 for the 2025 Fresno General Plan, Mitigation Monitoring Checklist to address archaeological resources, paleontological resources, and human remains will be employed to guarantee that should archaeological and/or animal fossil material be encountered during project excavations, then work shall stop immediately; and, that qualified professionals in the respective field are contacted and consulted in order to insure that the activities of the proposed project will not involve physical demolition, destruction, relocation, or alteration of historic, archaeological, or paleontological resources. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk X 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 X State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including X liquefaction? iv) Landslides? X b) Result in substantial soil erosion or the X 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 X 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 X (1994), creating substantial risks to life or property? -11- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? Fresno has no known active earthquake faults, and is not in any Alquist-Priolo Special Studies Zones. There are no known geologic hazards or unstable soil conditions known to exist on the site. The project site is not located within an area that has strong seismic ground shaking, liquefaction or landslides. The project is a proposing residential uses on mostly flat land, therefore there is not expected to be substantial soil erosion or the loss of topsoil. Development of the property requires compliance with grading and drainage standards of the City of Fresno and Fresno Metropolitan Flood Control District Standards, therefore the project is not expected to be unstable, be located on expansive soil. All new structures are required to conform to current seismic protection standards in the California Building Code. Septic tanks or alternative waste water disposal systems will not be a part of the project. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated VII. GREENHOUSE GAS EMISSIONS -- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a x significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse x gases? Environmental and Regulatory Setting When sunlight strikes the Earth's surface, some of it is reflected back into space as infrared radiation. When the amount of infrared energy reaching Earth's surface is about the same as the amount of infrared energy radiated back into space, the average ambient temperature of the Earth's surface is expected to remain more or less constant. However, when atmospheric conditions prevent re-radiation of this infrared energy, the world's temperature equilibrium is expected to be disturbed. Global climate change (colloquially referred to as "global warming") is the term coined to describe very widespread climate change characterized by a rise in the Earth's ambient average temperatures with concomitant disturbances in weather patterns and resulting alteration of -12- oceanic and terrestrial environs and biota. The predominant opinion within the scientific community is that global climate change is occurring, and that it is being caused and/or accelerated by human activities, primarily the generation of"greenhouse gases" (GHGs). GHGs are gases having properties that absorb and emit radiation within the thermal infrared range, and that would cause thermal energy (heat) to be trapped the earth's atmosphere. It is believed that increased levels of greenhouse gases in the atmosphere can disturb the thermal equilibrium of the earth when natural carbon cycle processes (such as photosynthesis) are unable to absorb sufficient quantities of carbon dioxide and other GHGs in comparison with the amount of GHGs being emitted. It is believed that a combination of factors related to human activities, such as deforestation, emissions of GHG into the atmosphere from carbon fuel combustion, etc. are causing climate change. Some GHGs occur naturally and are emitted to the atmosphere through both natural processes and human activities. Other GHGs are created and emitted solely through human activities. Water vapor is the most predominant GHG, and is primarily a natural occurrence: approximately 85% of the water vapor in the atmosphere is created by evaporation from the oceans. The major anthropogenic greenhouse gases (those that enter the atmosphere because of human activities) are carbon dioxide (CO2), methane, nitrous oxide and fluorinated gases. Some GHGs exert a much more powerful effect of trapping radiant energy in the atmosphere. The effect of methane, for instance, is 29 times as powerful as that of an equal mass of CO2. In order to describe global warming potential of these differing gases, a convention has been established to quantify GHGs in terms of equivalent quantities of CO2, and to use metric tons as the unit of measure for the CO2 (hence the abbreviation "N/IMTCO2e," for million metric tons of CO2 equivalent. A major problem with GHGs is that most of them are not very reactive and that makes them extremely long-lived in the atmosphere. For instance, once CO2 rises above the troposphere (the portion of the atmosphere where plants may absorb some of it for photosynthesis), there are no natural processes that would effectively remove it. The CO2 will persist and exert its global warming effect for centuries. GHGs were not generally thought of as air pollutants because the criterion air pollutants (such as ozone) and air toxics directly affect health at ground level in the general vicinity of their release to the atmosphere. The impacts of GHGs are global and diffuse in nature, and take time to exert effects that could harm humans. However, it has been realized that the climate changes associated with GHGs can drastically harm health and well-being around the world, not only with regard to heat-related illnesses but through broadscale changes in the environment: • ocean level rise that would displace populations, • economic and infrastructure damage related to ocean rise as well as heat and storm intensity; • exacerbation of criteria air pollutants (more air pollutants are formed when the atmosphere is warm); • spreads of infectious diseases through proliferation of mosquitoes and other vectors carrying "tropical" diseases into temperate climate zones; • alteration of natural flora and fauna in terrestrial and aquatic environments; • disruption of agriculture and water supply; -13- The last point is of particular importance to Fresno. One oft-cited prediction for global climate change is that the Sierra snowpack could be reduced to as little as 20% of its historic levels. This could have dire consequences, since over 70% of California's population relies on the "frozen reservoir" of Sierra snowpack for its water supply. Fresno's aquifer has been declining and the City's Metropolitan Water Resources Master Plan notes that the city will need to make greater use of its surface water entitlements...which are derived from Sierra snowpack. The State of California formally acknowledges these risks and has tasked state and local governments with working toward reduction of potential global climate change. The Governor issued Executive Order No. S-03-05, and subsequently signed Assembly Bill (AB) 32, the Global Warming Solutions Act of 2006, which was codified as Health & Safety Code Section 38501 et seq. There are, at this time, no "attainment" standards established by the federal or state government for greenhouse gases (although some GHGs are regulated as precursors to criteria pollutants regulated by the federal and California Clean Air Acts). However, in AB 32 the State codified a mandate to reduce GHG emissions to 1990 levels by the year 2020. In order to roll back GHG emissions to this level, a reduction of 174 MMTCO2e needs to be achieved statewide—against the background of California's general population increase and the need for ongoing land and economic development. The combination of the need to reduce GHGs and the need to grow equates to a need to reduce per capita GHG emissions by some 29% from the "business as usual" scenario of continuing the former rate of escalated GHG emissions over time. It has been recognized that new development projects would incrementally add GHG emissions and could cumulatively exacerbate global climate change problems, even if the projects are, themselves, small in scale and do not involve powerful GHGs. In order to standardize evaluation of projects under CEQA, Senate Bill 97 (codified as Public Resources Code Sections 21083.05 and 21097) requires the State Resources Agency to adopt guidelines for addressing climate change in environmental analysis. The California Air Pollution Control Officers Association (CAPCOA) produced a comprehensive publication on this topic in August of 2010 titled Quantifying Greenhouse Gas Mitigation Measures, which provides methods for quantifying emission reductions via application of a specified list of project-level and municipal-level mitigation measures. This document is intended to further support the efforts of local governments to address the impacts of GHG emissions in their environmental review of projects and in their planning efforts. In order to standardize global climate change assessments within the San Joaquin Air Basin, the SJVAPCD adopted a protocol for evaluating land use projects: the 2009 Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA. The District determined that the most appropriate assessment criteria would be oriented to performance based standards to streamline the CEQA process for determining significance of project impacts, rather than numerical modeling of GHG emissions and emission reductions. Projects meeting the Best Performance Standards ("BPS") established by the SJVAPCD would be determined to have a less than significant cumulative impact on global climate change. If projects could not demonstrate compliance with BPS, then a quantification of GHG emissions and demonstration of a 29% reduction in GHG emissions below the "business as usual" level will be required to determine that a project would have a less than significant cumulative impact. Potential Impact of the Proposed Project -14- Given its size and limited projected emissions of CO2, this project would not be expected to have a significant impact on global climate change. However, as noted above, all projects and activities may cumulatively contribute to significant adverse impacts. According to the SJVAPCD's Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA, projects can be determined to have a less than significant impact if they do any of the following: 1) Use a combination of SJVAPCD approved GHG emission reduction measures to meet BPS; 2) Comply with an approved GHG plan or mitigation program; or 3) Reduce GHG emissions by at least 29%. The proposed project meets this requirement by complying with an approved GHG Mitigation program, established through City of Fresno Plan Amendment No. A-09-02, the Air Quality Update to the 2025 Fresno General Plan. Plan Amendment A-09-02 augmented the City's Resource Element / Air Quality General Plan Objectives and Policies buy adding new General Plan Objective and several supporting policies, as well as expanding the MEIR Mitigation Measure Monitoring Checklist, to address global climate change through municipal activities and regulation of local development. A-09-02 added new appendices to the 2025 Fresno General Plan, including a 2008 California Attorney General's Office guidance document titled, "The California Environmental Quality Act Mitigation of Global Warming Impacts at the Local Agency Level" which contains specific guidance on mitigating greenhouse gas emissions through planning and regulation of development. Periodic broadscale GHG modeling will be used to validate the efficacy of these measures and guide implementation and further City rulemaking. This project's potential impacts will be further reduced by worldwide, national and statewide measures to combat adverse global climate change: Updated engine and tire efficiency standards would apply to vehicles that travel within the project area; initiatives applicable to air conditioning and refrigeration equipment will continue to reduce fluorocarbon emissions; regional transportation efficiencies will continue; renewable power generation will increase; and landfill and wastewater methane capture will become more efficient; and "carbon capture"/ "carbon sequestration" technologies will increase removal of CO2 from the atmosphere. In addition, the project does not involve manufacturing activities that would generate potent industrial GHGs such as SF6, HFCs, or PFCs and does not propose any uses which would generate methane on site. Therefore, based upon the available information, the proposed project will not have a potentially significant cumulatively adverse impact on global climate change. -15- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated VIII. HAZARDS AND HAZARDOUS MATERIAL--Would the project: a) Create a significant hazard to the public or the environment through the routine X transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, X substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section X 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 X 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 X hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency X 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 X wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? -16- The proposed project will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, because said project does not involve the use of hazardous materials; additionally, as such, there is no significant hazard to the public or the environment through an accident. The project proposes a residential use, therefore it is not expected to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. There are no known existing hazardous material conditions on the site and the project is not located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project area is not located within an airport land use plan nor is the project area located in the vicinity of a private airstrip. The project is not within the vicinity of a private airstrip, therefore, it would not result in a safety hazard for people residing or working in the project area. The project is proposing a residential use on local streets, therefore the project is not expected to interfere with an adopted emergency plan. The project must comply with the Fire Department requirement for emergency access points. The project area is not located near a wildland area, therefore the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or X 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 X (e.g., the production rate of pre-existing nearby wells would drop to a level which 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 X river, in a manner which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or X river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? -17- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or X provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water X quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood X Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect X flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, X including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or X mudflow? -18- Fresno is one of the largest cities in the United States still relying primarily on groundwater for its public water supply. Surface water treatment and distribution has been implemented in the northeastern part of the City, but the city is still subject to an EPA Sole Source Aquifer designation. While the aquifer underlying Fresno typically exceeds a depth of 300 feet and is capacious enough to provide adequate quantities of safe drinking water to the metropolitan area well into the twenty-first century, groundwater degradation, increasingly stringent water quality regulations, and an historic trend of high consumptive use of water on a per capita basis (some 250 gallons per day per capita), have resulted in a general decline in aquifer levels, increased cost to provide potable water, and localized water supply limitations. Fresno has attempted to address these issues through metering and revisions to the City's Urban Water Management Plan (UWMP). The Fresno Metropolitan Water Resource Management Plan, which has been adopted and the accompanying Final EIR (SCH #95022029) certified, is also under revision. The purpose of these management plans is to provide safe, adequate, and dependable water supplies in order to meet the future needs of the metropolitan area in an economical manner; protect groundwater quality from further degradation and overdraft; and, provide a plan of reasonably implementable measures and facilities. City water wells, pump stations, recharge facilities, water treatment and distribution systems have been expanded incrementally to mitigate increased water demands and respond to groundwater quality challenges. In accordance with the provisions of the 2025 Fresno General Plan and Master EIR No. 10130 mitigation measures, project specific water supply and distribution requirements must assure that an adequate source of water is available to serve the project. The City has indicated that groundwater wells, pump stations, recharge facilities, water treatment and distribution systems shall be expanded incrementally to mitigate increased water demands. The City of Fresno Department of Public Utilities, Water Division has reviewed the proposed project and has determined that water service will be available to the proposed project subject to compliance with the Department of Public Works standards, specifications, and policies. The project area is predominantly flat and will, therefore, not substantially alter the existing drainage pattern of the site; additionally, there is no stream or river in the subject area. Development of the property requires compliance with grading and drainage standards of the City of Fresno and FMFCD. The project is proposing residential uses and is therefore, not expected to substantially degrade water quality. The site is not located within a flood prone or hazard area. The subject property is proposed to be developed at an intensity and scale permitted by the planned land use and proposed zoning designation for the site. Additionally, the subject property is not located in an area subject to inundation by seiche, tsunami or mudflow. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated X. LAND USE AND PLANNING - Would the project: -19- a) Physically divide an established X 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 the general plan, specific plan, X 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 X conservation plan? The project proposes to develop 273 residential lots within a developing community and will not conflict with any applicable land use plan, policy or regulation of the City of Fresno. The proposed project is consistent with the applicable 2025 Fresno General Plan and McLane Community Plan planned land use designation. Based upon the submitted subdivision design, the proposed subdivision is consistent with the medium density residential planned land use for the subject property pursuant to the 2025 Fresno General Plan. The project will not conflict with any conservation plans since it is not located within anyconservation pan areas. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to X the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery X site delineated on a local general plan, specific plan or other land use plan? The subject property is not located in an area designated for mineral resource preservation or recovery. Less -than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XII. NOISE --Would the project result in: -20- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise X ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or X groundborne noise levels? c) A substantial permanent increase in X 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 X 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 X 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 X residing or working in the project area to excessive noise levels? Pursuant to Policy H-1-a of the 2025 Fresno General Plan, new noise-sensitive land uses impacted by existing or projected noise sources shall include mitigation measures so that resulting noise levels do not exceed 60 dB Ldn for outdoor activity areas and 45 db Ldn for interior areas. The project applicant has provided an acoustical analysis prepared by Brown- Buntin Associates Inc. dated July 29, 2013. In order to comply with the sound requirements of the General Plan, as noted within the acoustical analysis, the applicant must construct a sound wall along North Temperance and North Armstrong Avenue. The sound wall along North Temperance Avenue shall be a minimum height of 9' and the sound wall along North Armstrong shall be a minimum height of 6'. A residential development is not a significant noise generator, therefore it will not generate noise levels established in the General Plan. Construction activities associated with the development of the proposed project could expose persons or structures to excessive groundborne vibration or noise levels. However, this would only be during the construction phase of the proposed project. The proposed project is not located within an airport land use plan or within the vicinity of a private airstrip. The project will be required to comply with all noise policies from the 2025 Fresno General Plan and noise codes from the Fresno Municipal Code. -21- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated 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 X indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of X replacement housing elsewhere? c) Displace substantial numbers of people, X necessitating the construction of replacement housing elsewhere? Although the project will be intensifying the use of the site, development may occur at an intensity and scale that is permitted by the planned land use designation and zone district classification for the site. Thus, the subdivision of the subject property in accordance with the subject applications will not facilitate an additional intensification of uses beyond that which would be allowed by the above-noted planned land use designation. The subject property is used for agriculture purposes and will, therefore, not displace existing housing or people. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XIV. PUBLIC SERVICES-- a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Drainage and flood control? X -22- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated Parks? X Schools? X Other public services? X The Department of Public Utilities has reviewed the proposed project and has determined that adequate sewer, water, and solid waste facilities are available subject to compliance with the conditions submitted by the Department of Public Utilities for this project. City police and fire protection services are also available to serve the proposed project. The FMFCD has indicated that there are adequate facilities to serve the proposed project subject to compliance with the conditions submitted by the District for the proposed project. Development of the property requires compliance with grading and drainage standards of the City of Fresno and FMFCD. Various departments and agencies have submitted conditions that will be required as conditions of approval for the subject entitlement applications. All conditions of approval must be complied with prior to occupancy. Any urban residential development occurring as a result of the proposed project will have an impact on the District's student housing capacity. The developer will pay appropriate school fees at time of building permits. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XV. RECREATION-- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which X might have an adverse physical effect on the environment? The project is proposed at a size and scope (273 lots) which is not expected to result in the substantial physical deterioration of existing parks or recreational facilities. The project does not propose recreational facilities at a size or scope which is expected to have an adverse physical effect on the environment. -23- Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XVI. TRANS PORTATIONITRAFFIC --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 X 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 X 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 X a change in location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or X dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or X pedestrian facilities, or otherwise decrease the performance or safety of such facilities? The Public Works Department/Traffic Engineering Division staff has reviewed the proposed traffic yield from the proposed single family residential development and the expected traffic generation will not adversely impact the existing and projected circulation system as analyzed in MEIR No. 10130. Furthermore, the design of the proposed subdivision has been evaluated and determined to be consistent with respect to connectivity and compliance with City of Fresno standards, specification and policies. A Traffic Impact Study (TIS) was prepared for the proposed project by Peters Engineering Group dated February 1, 2005, and included the area bounded by North Armstrong, East Dakota, North Temperance and East Shields Avenues. The TIS analyzed the intersections of East Dakota and North Armstrong Avenues, and East Shields -24- and North Temperance Avenues. In addition, the study analyzed the project's impact on the State Route 180 interchanges with Temperance Avenue and Fowler Avenue. The project is not located near an airport, therefore it will not change air traffic levels. The proposed streets were reviewed by the Department of Public Works and will not create hazards. The Fire Department has reviewed the project for emergency access points, therefore there will not be inadequate emergency access. The project will not conflict with adopted policies or plans regarding public transit, bicycle or pedestrian facilities because said features are incorporated into the conditions of approval for the project. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XVII. UTILITIES AND SERVICE SYSTEMS - - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional X Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the X 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 X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements X and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate X 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 X project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid X waste? -25- The Department of Public Utilities has determined that adequate sanitary sewer and water services will be available to serve the proposed project subject to the provision and construction of standard connections, extensions, and installations of facility infrastructure; compliance with the Department of Public Utilities standards, specifications, and policies. The project site will be serviced by the Solid Waste Division and have water and sewer facilities available subject to conditions. The project is proposed at a size and scope which will not require new water or wastewater treatment facilities. The Fresno Metropolitan Flood Control District has indicated that there are adequate facilities to serve the proposed project subject to compliance with the conditions submitted by the District for the proposed project, which will not cause significant environmental effects. The project area has sufficient water supplies available to serve the project from existing resources. The solid waste division has conditioned the project and has sufficient capacity to accommodate the project's needs. The project is required to comply with federal, state and local statutes and regulations related to solid waste. Less Than Potentially Significant Less Than ENVIRONMENTAL ISSUES Significant with Significant No Impact Impact Mitigation Impact Incorporated XVIII. MANDATORY FINDINGS OF SIGNIFICANCE-- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a X 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 which will cause substantial adverse X effects on human beings, either directly or indirectly? The proposed project is considered to be proposed at a size and scope which is neither a direct or indirect detriment to the quality of the environment through reductions in habitat, populations, or examples of local history (through either individual or cumulative impacts). The proposed project does not have the potential to degrade the quality of the environment or reduce the habitat of wildlife species and will not threaten plant communities or endanger any floral or -26- faunal species. Furthermore the project has no potential to eliminate important examples of major periods in history. Therefore, as noted in preceding sections of this Initial Study, there is no evidence in the record to indicate that incremental environmental impacts facilitated by this project would be cumulatively significant. There is also no evidence in the record that the proposed project would have any adverse impacts directly, or indirectly, on human beings. -27- LL Z cu c E O 16 � U rn W I— o >, o ti � a rnc � D X X 01 M ° O rn OQ ` Q ° m a V � J N N c a) U OW OOcVa m OO rnrnCA - Q X X N # s22Waz Q ZP- 0 Qm0aww c c Q V C) W D Q G ,` U a) a) �c " m m U) Z 0) J w om a c aa) � om a � � IL L c o rn c O rn O O` O L U t C a) O m + V t C a) O O + OWZ `n a) � c �c o .o ac > inca .o ac > rnca M •� N U c) Ow � m M a) a) M ° m m m m M F— Q ° oao °c_)� cs o t» aoa o � � o aoa o � � o OQJ oc0EocaO v-- IL .� CL -N � d0) o D to � Q — c OBJ ° a°� No ms z w is is Y o � O ° zo ° ~ 0 0 Z ?LLW c LU CL CL > w � d) ° OE _ � cac' ac) CLU) c) t O + co O o w > > W O W V m ;o0 < = N m > 3 J � c N o c N x d a " 3 a O � - .9 - - -C C Z V L +0 ° O Z C O �O C d 0 a) d 0 a) Q C U N _ Z Z m � � ENS s ° cC14 ° c s aa)) .o o 0 3 � C �•timcocsE ° c > — Ncrn ° ccom p„ V- W O coNaa) a) � -r co � 0 M ONm � � a) ca oat WNL rno — CE O3 co U r— a) co .5 U � a OI N a) — C C �' U U L D +�+ N cd a) a) U co L a) C OCL C M cc}acaOco � � Q_ co > EE � � 3Ec�a .cc O N ozC� acid a) ao.0 Ew ca aaLO a)i ° o E C N to O .� — c0Ecu :_ ocnL v cao Q Q N O ° rcn o a) c c a°) cc c`o ooP .rnO c a N a) ca ao 0- W Z � O � co a caoa) caocu� Uco � 16 E LU I— w °' Nw $ a) W a) OL o ac-cnomEc —J � � o ° '~ �' � w a) � Uc O Oo Q Z U N 8 CO N D aL- m--� co f0 a) ° J � O)+ + W0 ° CsocO`a ( N 3acic`a n00 f� 3aciHc: Z uj - ° " cooLh 0 — a) c E '� Q c m > c p U rn Q a o-$ CL WCl) Y ° Oo ° w u) coccco ° M03 u) ccoo _° C: a°iUw o o a rn Z co ° o ° s coo ° in � � Z LIJ r >'2 0 c"Ja � = in O c°) a) ° n CL v o m � � L m-0o �TsE afdi � � E3aa)icM .-- � � oc�a �_ o � :E QLO � U c c E Q ca o t � E ac ca o t U 3 =_ (n cam: J o Lo � •� o O L M Qo �c aE t m a) Lo 3 M Z o O � � > o a) = - E oN rn M a > •� E o co c ° E LIJQ E ° coy, "= o) - c � .5a) U ° o coc � Noco -° "tM U00 inE a UO .LLa) oa) c � Z ti co ° � I a°)i � O E Orn >, L m c E O rn �, in p H) W W o EcvoZ >%— ° c a) � '- o c -Fu Oip rn M C, 00 .- M C ao M .o c m E c ao c o > c •c a) N N Q) M O d C ._ ` ° 0) O 0 C p w 4) E a) Q Z C E mai o md � m a � cE o � Eft c v O Z a) O � zS ( ` aU O � ao O0 aU c`o > OH rnca Q c�a cga � a) ° o " O E } uai o) ° o " o c o c O c cat > a) Q O c c a) O c -O 4) 0) E 2 4-- co —) U w U U ° co C a) w E L ° + in Zd . c° °W o � � cfdi �3 � � ca � ° 3c=>o Oaic°� nE cananc0c � Z 0oua (i LL ) o LL W D XX ca Z V- 0) 0 O N 0 V d d 08 Q) 0 ti LL L m _ N tiU 0 Q X Va � p p ° a V � N ! 4) V m m dZ Q Y Vc c Y L) C C Z d � M O) o c aE) o) ac Wu. 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The City of Fresno experienced a period of notable growth in the construction of single family residences over the first five-year period of the 2025 Fresno General Plan (2003 through 2007). However, this development has occurred within the parameters anticipated by the General Plan and the mitigation measures established by Master Environmental Impact Report (MEIR 10130/SCH 2001071097). The General Plan and its MEIR utilized a projected population growth rate for purposes of land use and resource planning. This projection anticipated an annual average population growth of approximately 1.9 percent over the 23-year planning period. Population estimates provided by the State of California Department of Finance (DOF) indicate a population growth of approximately 60, 000 people between 2002 and 2007 with a growth rate varying from 1.47 to 1.97 percent per year. These estimates are well within the growth projections of the General Plan and MEIR. The City has processed approximately 136 plan amendment applications since the adoption of the 2025 Fresno General Plan. These applications have resulted in changes of planned land use that affected approximately 1,586 acres, representing approximately one percent of the land area within the 2025 Fresno General Plan boundary. The impacts of these amendments are minimal and not significant in relation to the balance of the density and intensity of the land uses impacted by the plan amendment applications. Based upon this, many of the assumptions relied upon for the MEIR to address other impacts, such as traffic, air quality, need for public utilities, services and facilities and water supplies are still valid to the extent that these assumptions relied upon projected population growth during the General Plan planning period. For this reason and the others provided below, the Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known pursuant to CEQA Guideline Section 15179(b)(1) and the MEIR may still be relied upon. Transportation and Circulation. Subsequent to the certification of the MEIR the City of Fresno has required the preparation of approximately 200 site specific traffic impact studies and had required the provision of street, intersection signalization and transportation improvements in accordance with the adopted mitigation measures of the MEIR. The City's Traffic Engineer reports that through review of these approximately 200 traffic impact studies, the City has not seen traffic counts substantially different than those predicted by the MEIR. Concurrently with these efforts, the City adopted a new program for traffic signal and major street impact fees to pay for planned improvements throughout Fresno (not just in new growth areas, as has been the case with the previous impact fee program). These fees will more comprehensively provide for meeting transportation infrastructure needs and will expedite reimbursement for MSIR REVIEW SUMMARY Page 2 developments, which construct improvements that exceed the project's proportionate share of the corresponding traffic or transportation capacity needs. In addition to the local street system, the City has entered into an agreement with the California Department of Transportation to collect impact fees for state highway facilities which may be impacted by new development projects. The City participates in the Fresno County Transportation Authority, which recently was successful in obtaining voter re-authorization of a half-cent sales tax to be dedicated to a wide range of transportation facilities and programs (including mass transit). The City is also an active participant in ongoing regional transportation planning efforts, such as a freeway deficiency study, a corridor study for one or more additional San Joaquin River crossings, and the State's "Blueprint for the Valley' process. All these studies were commenced after the MEIR was certified, but none of them is yet completed. Therefore, it cannot be concluded that Fresno's environmental setting or the MEIR analysis of traffic and circulation have materially changed since November of 2002. Therefore, Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon traffic impacts pursuant to CEQA Guideline Section 15179(b)(1). Air Quality and Global Climate Chance Staff has worked closely with the regional San Joaquin Valley Air Pollution Control District (SJVAPCD) since the November 2002 certification of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR). Potential air quality impacts have been analyzed for every environmental assessment initial study done for City development projects. Projects are required to comply with SJVAPCD rules and regulations via conditions of approval and mitigation measures formulated in the MEIR. Overall, revisitation of these issues leads to the conclusion that, while there have been changes in air quality laws, planning requirements, and rules and regulations since certification of the MEIR, the actual environmental setting has not evidenced degradation of air quality. (Because air quality and global climate change are matters of some public controversy, additional documentation has been supplied on this issue; please refer to the appended full analysis with supporting data.) In conjunction with SJVAPCD attainment plans and attendant rules and regulations that were adopted prior to the certification of the K/IEIR, policies in the 2025 Fresno General Plan and MEIR mitigation measures aimed at improving air quality appear to be working. Since 2002, data show that pollutant levels have been steadily decreasing for ozone/oxidants and for particulate matter (10 microns and 2 microns in size). Recent adoption of new air quality attainment plans by SJVAPCD, calling for broader and more stringent rules and regulations to achieve compliance with national and state standards, is expected to accelerate progress toward attainment of clean air act standards. Analysis of global climate change analysis was not part of the MEIR in 2002, due to lack of scientific consensus on the matter and a lack of analytical tools. However, under the MSIR REVIEW SUMMARY Page 3 MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases have been reduced along with the other regulated air pollutants. At this point in time, detailed analysis and conclusions as to the significance of greenhouse gas emissions and strategies for mitigation are still not feasible, because the legislatively-mandated greenhouse gas inventory benchmarking and the environmental analysis policy formulation tasks of the California Environmental Protection Agency Air Resources Board and the Governor's Office of Planning and research are not completed. The information available does not support any conclusion that Vesting Tentative Tract Map No. T-5571/UGM and Rezone Application No. R-07- 014 or other City projects would have a significantly adverse impact on global climate change. Similarly, there is insufficient information to conclude that global climate change would have a significantly adverse impact upon the City of Fresno or specific development projects. Staff is not aware of any particular circumstance or information that would make impacts to air quality a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Therefore, Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon air quality impacts pursuant to CEQA Guideline Section 15179(b)(1). Water Supply, Quality and Hydrology. The City of Fresno has initiated, continued and completed numerous projects addressing general plan and MEIR provisions relating maintaining an adequate supply of safe drinking water to serve present and future projected needs. A water meter retrofit program to meter service to all consumers by the end of the year 2012 is underway, in compliance with State law that predated the MEIR and with new regulations affecting the U.S. Bureau of Reclamation Central Valley Project. (While the federal regulation has trumped a voter-approved City charter amendment that specifically prohibited using meters for residential development, the City's plans and policies have always contained measures calling for water conservation and for seeking ways to reduce average consumption of households. Metering is recognized as the best implementation measure for this, and does not constitute a change in the City's environmental setting or the analysis and mitigation in the 2025 Fresno General Plan MEIR.) After certification of the MEIR, the City commenced operation of its northeast area surface water treatment facility; initiated and began construction of additional groundwater wells with granular activated carbon filtration systems as necessary to remediate groundwater contamination that was discussed in the MEIR and its mitigation measures; provided for additional groundwater recharge areas; and expanded its network of water transmission main pipeline improvements allowing for improved distribution of water supply. As called for in 2025 General Plan policies and MEIR mitigation measures, the City has implemented several programs for preventing water pollution: In conjunction with Fresno Metropolitan Flood Control District and the Regional Water Quality Control Board (RWQCB) City inspectors assist in enforcing the National Pollutant Discharge Elimination System Stormwater Pollution Prevention regulations, The Planning and Development Department also consults with RWQCB on specific development projects which may require on-site wastewater treatment, and provides project-specific conditions and even supplemental environmental analysis for such projects, with MEIR REVIEW SUMMARY Page 4 specific mitigation measures. The City's Department of Public Utilities has enhanced its industrial pretreatment permitting program for industrial wastewater generators who discharge to the Fresno-Clovis Wastewater Treatment and Reclamation Facility. Staff is not aware of any particular circumstance or information that would make impacts to water supply, quality and hydrology a reasonably foreseeable impact or more severe impact from that identified in the MEIR. The Director of Public Utilities finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known based upon traffic impacts pursuant to CEQA Guideline Section 15179(b)(1). Agricultural Resources. The implementation of applicable policies since adoption of the 2025 Fresno General Plan has encouraged the development of urban uses in a more systematic pattern that avoids discontinuity and the creation of vacant by-passed properties. These efforts, together with the requirement to record "right-to-farm" covenants, facilitate the continuation of existing agricultural uses within the city's planned urban growth boundary during the interim period preceding orderly development of the property as anticipated by the General Plan. Staff is not aware of any particular circumstance or information that would make impacts from loss of agricultural resources a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of agricultural resources pursuant to CEQA Guideline Section 15179(b)(1). Demand for Utilities and Service Systems. The City of Fresno has continued to provide for utilities and service systems commensurate with the demands of increased population and employment within its service area, implementing policies of the 2025 Fresno General Plan and conforming to MEIR mitigation measures. Programmatic measures have been continued, expanded or initiated to increase the efficiencies of providing services in a manner that will reduce potential impacts upon the natural and human environment. These improvements have included bringing the City's first surface water treatment plant on-line to distribute treated surface water, thereby preventing a worsening of groundwater overdraft in northeast Fresno; converting a substantial portion of the City's service vehicle fleet to alternative fuels; and expanding recycling and conservation measures (including contracting with a major material sorting and recycling facility and a green waste processor to comply with AB 939 solid waste reduction mandates) to more judiciously use resources and minimize adverse impacts the environment. Adoption of City-wide police and fire facility development impact fees and a contract to consolidate fire service with an adjacent fire prevention district have been accomplished to assure the provision of adequate firefighting capacity to serve a broader geographic extend of urban development and more intensive and mixed-use development throughout the metropolitan area. Because these changes were anticipated in, or provided for by, the 2025 Fresno General Plan and its MEIR mitigation measures, they do not constitute a significant or adverse alteration of Fresno's environmental setting. Staff is not aware of any particular MEIR REVIEW SUMMARY Page 5 circumstance or information that would make impacts from increased demand for utilities and service systems and public facilities a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to increased demand for utilities, service systems, and public facilities pursuant to CEQA Guideline Section 15179(b)(1). Demand for Recreational Facilities. The City of Fresno has adopted and City-wide parks facility and Quimby Act fee which provides for the acquisition of new open space and recreation facilities as well as improvements to existing facilities and programs to provide a broader range of recreation opportunities. Staff is not aware of any particular circumstance or information that would make impacts from increased demand for recreational facilities a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to increased demand for utilities, service systems, and public facilities pursuant to CEQA Guideline Section 15179(b)(1). Biological Resources. The City continues to evaluate all development proposals for potential impacts upon natural habitats and associated species dependent upon these habitats. The City supports continuing efforts to acquire the most prominent habitats where appropriate, such as portions of the San Joaquin River environs. When development or public works projects have been proposed in this area, they have been subject to site-specific evaluation through supplemental environmental analyses, and appropriate mitigation measures and conditions applied as derived from consultation with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The City has imposed MEIR mitigation measures related to Biological Resources on projects that identified potential impacts to biological resources. Staff finds that this has adequately addressed any potential impact to biological resources. Staff is not aware of any particular circumstance or information that would make impacts from loss of biological resources a reasonably foreseeable impact or more severe impact from that identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of biological resources pursuant to CEQA Guideline Section 15179(b)(1). Potential Disturbance of Cultural Resources. The City of Fresno has implemented numerous efforts to identify historic and cultural resources, and provide thorough consideration as to their value and contributions to understanding or historic and cultural heritage. Additionally, staff follows the MEIR mitigation measures for potential cultural resources. Staff is not aware of any particular circumstance or information that would make impacts to cultural resources a reasonably foreseeable impact that was not identified in the NOR. Staff finds that the circumstances have not changed from -the time the MEIR was certified and/or new information is not known related to loss of cultural resources pursuant to CEQA Guideline Section 15179(b)(1). MEIR REVIEW SUMMARY Page 6 Within the last five years, the City has lost two lawsuits (Valley Advocates v. COF and Heritage Fresno v. RDA, City of Fresno) related to historical resources that related to six particular buildings at two different particular sites. The CEQA projects at issue were reviewed under independent CEQA documents, not under the MEIR as subsequent projects (i.e., one under a separate EIR and one under a categorical exemption). These projects are site specific and are not reasonably expected to create additional impacts to cultural resources that would affect a finding under Section 15179. These particular projects may be properly assessed under the MEIR focused EIR procedures or mitigated negative declaration procedures under Section 15178 and not affect the overall MEIR findings. Generation of Noise. The City of Fresno continues to implement mitigation measures and applicable plan policies to reduce the level of noise to which sensitive noise receptors are exposed. These efforts include identification of high noise exposure areas, limiting the development of new noise sensitive uses within these identified areas and conducting noise exposure studies and requiring implementation of appropriate design measures to reduce noise exposure. Staff finds that these efforts have adequately addressed any potential impacts that may have arisen related to noise and is not aware of any facts or circumstance that would make noise impacts have a more severe impact than that identified in the MEIR. Additionally, staff is not aware of any information or data that was not known at the time that the MEIR was certified that would be able to mitigate noise impacts beyond that identified and contemplated by the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to noise impacts pursuant to CEQA Guideline Section 15179(b)(1). Geology and Soils. The City of Fresno has a predominantly flat terrain with few geologic or soil quality constraints. The City continues to apply applicable local and state construction codes and standards and continues to adopt new standards as appropriate to insure the safety of residents and protection of property improvements. Staff finds that these codes and standards have adequately addressed any potential impacts that may have arisen related to geology and soils and is not aware of any facts or circumstance that would make impacts related to geology and soils a reasonably foreseeable impact not addressed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known regarding impacts related to geology and soils pursuant to CEQA Guideline Section 15179(b)(1). Hazards and Potential Generation of Hazardous Materials The City continues to implement General Plan policies and assure compliance with MEIR mitigation measures as new development is planned and constructed, and as Code Enforcement activities are conducted, in order to prevent flood damage, structural failures due to soil and geologic instability, and wildfire losses. Development in the vicinity of airports has been reviewed and appropriately conditioned with regard to adopted and updated airport safety and noise policies. In consultation with Fresno County Environmental Health and the California Environmental Protection Agency Department of Toxic Substances MEIR REVIEW SUMMARY Page 7 Control, industrial and commercial facilities that use, handle, or store potentially hazardous materials are appropriately sited, conditioned, and inspected periodically by the Fresno Fire Department to prevent adverse occurrences. Homeland Security regulations have been taken into consideration when reviewing food production, processing and storage facilities, and the City has conducted and participated in multiple emergency response exercises to develop response plans that would protect life, health, and safety in the event of railroad accidents and other potential hazards. Staff finds that these procedures, as outlined in the 2025 Fresno General Plan and its MEIR (as well as in related regulations and codes pertaining to hazards and hazardous materials) have adequately addressed potential impacts that may have arisen related to hazards. Staff is not aware of any facts or circumstance that would make impacts related to hazards and hazardous materials reasonably foreseeable impacts not addressed in the MEIR. Staff finds that the circumstances have not materially changed from the time the MEIR was certified and/or new information is not known related to impacts from hazards and hazardous materials pursuant to CEQA Guideline Section 15179(b)(1). Demand for Energy. The City of Fresno has taken a number of steps to reduce energy consumption, both "in house" to set an example, and in the policy arena. The most notable "in-house" actions are the following: • Construction of solar panel generator facilities at the Municipal Services Center (MSC) and at Fresno-Yosemite International Airport. The MSC facility, completed_ in 2004, generates 3.05 GWt of energy (equivalent to operation of 286 homes per year) and has resulted in reduction of 966 tons of CO2 emissions (equivalent to 2,414,877 vehicular miles not driven). • Replacement of a significant number of vehicles in the municipal fleet with clean air vehicles (please refer to the following table). CURRENT CITY OF FRESNO "CLEAN AIR" FLEET 50 CNG Transit Buses FCNG Trolleys F6 FCNGHandi-Ride Buses F59troitted Diesel Powered Buses with REV (reduced troemission vehicle) engines and diesel particulate traps 2 Hybrid (gasoline-electric) Transit Buses F2 Hybrid (diesel-electric) Transit Buses MSIR REVIEW SUMMARY Page 8 12 Compressed Natural Gas (CNG) Pickups, Vans and Sedans 7 Flex Fuel Pickups, Vans and Sedans (CNG/Unleaded Fuel) I 3 Compressed Natural Gas (CNG) Street Sweepers 52 Hybrid (gasoline-electric) Sedans and Trucks 34 Electric Vehicles FPropane Powered Vehicles 103 ` LNG Powered Refuse Trucks Retrofitted Diesel Powered Refuse Trucks with 59 combination lean NOx catalyst and diesel particulate filters Retrofitted Diesel Powered Street Sweepers with 9 combination lean NOx catalyst and diesel particulate filters F1_ Plug-In CNG/Electric Hybrid Refuse Truck 56 Heavy duty diesel trucks and construction equipment equipped with exhaust after-treatment devices 9 Off Road Equipment with exhaust after-treatment devices F473 Total "Clean Air" Vehicles in the City of Fresno fleet In the development standards policy arena, the City is taking numerous steps to increase residential densities and connectivity between residential and commercial land uses, thus facilitating more walking, biking and transit ridership (which has increased 22% in recent months) and saving energy: • Amended the zoning code to allow development of mixed use projects in all commercial zone districts citywide, and in the C-M and M-1 zone districts within the Central Area. • Amended the zoning code to allow density bonuses for affordable housing projects. Such bonuses permit density increases of approximately 30%. MSIR REVIEW SUMMARY Page 9 • Amended zoning code to eliminate the "drop down" provision, which permitted development at one density range less than that shown on the adopted land use map. • Amended the zoning code to increase heights in various residential and commercial zone districts and reduce the minimum lot size in the R-1 zone district from 6,000 to 5,000 square feet. • Initiated the Activity Center Study, which is defining the potential Activity Centers located in Exhibit 6 of the 2025 Fresno General Plan and proposing design classifications and increased density ranges for these centers and corresponding transportation corridors. Staff is not aware of any facts or circumstance that would make impacts related to energy demands reasonably foreseeable impacts that were not addressed in the MEIR. Staff finds that the circumstances have not materially changed from the time the MEIR was certified and/or new information is not known related to energy demand impacts pursuant to CEQA Guideline Section 15179(b)(1). Mineral Resources. The City of Fresno has adopted plan policies and City ordinance provisions consistent with requirements of the State of California necessary to preserve access to areas of identified resources and for restoration of land after resource recovery (surface mining) activities. Staff finds that these policies and Fresno Municipal Code provisions have adequately addressed any potential impacts that may have arisen related to mineral resources and is not aware of any facts or circumstance that would make loss of mineral resources a reasonably foreseeable impact not addressed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to loss of mineral resources pursuant to CEQA Guideline Section 15179(b)(1). School Facilities. The City of Fresno continues to consult with affected school districts and participate in school site planning efforts to assure the identification of appropriate location alternatives for planned school facilities. Staff is not aware of any information From the school districts or otherwise to demonstrate that adequate school facilities are not being accommodated under the current General Plan and/or that the need for school facilities is expected to cause impacts not identified in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related to need for school facilities pursuant to CEQA Guideline Section 15179(b)(1). Potential Aesthetic Impacts. Design Guidelines were appended to the 2025 Fresno General Plan through the plan adoption process conducted concurrently with MEIR analysis. As noted previously, General Plan policies encourage and promote infill development, and the City of Fresno Planning and Development Department has implemented design guidelines for reviewing infill housing development proposals. The Department has prepared detailed design guidelines for the Tower District Specific Plan MEIR REVIEW SUMMARY Page 10 area and the Fulton-Lowell Specific Plan area, both of which contain enclaves of unique structures. The City has adopted policies promoting incorporation of public art within private development projects, which will contribute to a more appealing visual environment, benefitting users of the private property as well as the surrounding community. In addition, the City of Fresno and the City of Fresno Redevelopment Agency have funded public improvements which improve the general aesthetic. Staff is not aware of any situation or circumstances where there are reasonably foreseeable aesthetic impacts not identified and assessed in the MEIR. Staff finds that the circumstances have not changed from the time the MEIR was certified and/or new information is not known related aesthetic impacts pursuant to CEQA Guideline Section 15179(b)(1). Appendix: Status of MEIR Analysis With Regard to Air Quality and Climate Change MSIR REVIEW SUMMARY Page 11 APPENDIX STATUS OF MEIR ANALYSIS WITH REGARD TO AIR QUALITY AND CLIMATE CHANGE EXECUTIVE SUMMARY Planning staff has worked closely with the regional San Joaquin Valley Air Pollution Control District (SJVAPCD) since the November 2002 certification of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR). Potential air quality impacts have been analyzed for every environmental assessment initial study done for City development projects. Projects are required to comply with SJVAPCD rules and regulations via conditions of approval and mitigation measures formulated in the MEIR. Overall, revisitation of these issues leads to the conclusion that, while there have been changes in air quality laws, planning requirements, and rules and regulations since certification of the MEIR, the actual environmental setting has not evidenced degradation of air quality. In conjunction with SJVAPCD attainment plans and attendant rules and regulations that were adopted prior to the certification of the MEIR, policies in the 2025 Fresno General Plan and MEIR mitigation measures aimed at improving air quality appear to be working. Since 2002, data show that pollutant levels have been steadily decreasing for ozone/oxidants and for particulate matter (10 microns and 2 microns in size). Recent adoption of new air quality attainment plans by SJVAPCD, calling for broader and more stringent rules and regulations to achieve compliance with national and state standards, is expected to accelerate progress toward attainment of clean air act standards. Analysis of global climate change analysis was not part of the MEIR in 2002, due to lack of scientific consensus on the matter and a lack of analytical tools. However, under the MEIR and General Plan mitigation measures and policies for reducing all forms of air pollution, levels of greenhouse gases have been reduced along with the other regulated air pollutants. At this point in time, detailed analysis and conclusions as to the significance of greenhouse gas emissions and strategies for mitigation are still not feasible, because the legislatively-mandated greenhouse gas inventory benchmarking and -the environmental analysis policy formulation tasks of the California Environmental Protection Agency Air Resources Board and the Governor's Office of Planning and research are not completed. The information available does not support any conclusion that Vesting Tentative Tract Map No. T-5571/UGM and Rezone Application No. R-07- 014 or other City projects would have a significantly adverse impact on global climate change. Similarly, there is insufficient information to conclude that global climate change would have a significantly adverse impact upon the City of Fresno or specific development projects. MSIR REVIEW SUMMARY Page 12 SUPPORTING DATA AND ANALYSIS While there have been changes in air quality regulations since the November 2002 certification of the 2025 Fresno General Plan MEIR, the actual environmental setting has not evidenced degradation of air quality. The adverse air quality impacts associated with the myriad of human activities potentiated by the long range general plan for the Fresno metropolitan area can be expected to remain significant and unavoidable, and cannot be completely mitigated through the General Plan or through project-level mitigation measures. In order to provide a suitable living environment within the metropolitan area, the General Plan and its MEIR included numerous air pollution reduction measures. The 2025 Fresno General Plan and its MEIR gave emphasis to pursuing cleaner air as an over-arching goal. The urban form element of the General Plan was designed to foster efficient transportation and to support mass transit and subdivision design standards are being implemented to support pedestrian travel. Strong policy direction in the Public Facilities and Resource Conservation elements require that air pollution improvement be a primary consideration for all land development proposals, that development and public facility projects conform to the 2025 Fresno General Plan and its EIR mitigation measures, and that the City work conjunctively with other agencies toward the goal of improving air quality. The MEIR mitigation checklist sketched out a series of actions for the City to pursue with regard to its own operations, and City departments are pursuing these objectives. The Fresno Area Express (FAX) bus fleet and the Department of Public Utilities solid waste collection truck fleet are being converted to cleaner fuels. Lighter-duty vehicle fleets are also incorporating alternative fuels and "hybrid" vehicles. Mass transit system improvements are supporting increased ridership. Construction of sidewalks, paseos, bicycle lanes and bike paths is being required for new development projects, and are being incorporated into already-built segments of City rights-of-way with financing from grants, gas tax, and other road construction revenues. Traffic signal synchronization is being implemented. The Planning and Development Department amended the Fresno Municipal Code to ban all types of residential woodburning appliances, thereby removing the most prominent source of particulate matter pollution from new construction. Pursuant to a specific MEIR mitigation measure, all proposed development projects are evaluated with the "Urbemis" air quality impact model that evaluates potential generation of a range of air pollutants and pollutant precursors from project construction, project-related traffic, and from various area-wide non-point air pollution sources (e.g., combustion appliances, yard maintenance activities, etc.). The results of this "Urbemis" model evaluation are used to determine the significance of development projects' air quality impacts as well as the basis for any project-specific air quality mitigation measures. MSIR REVIEW SUMMARY Page 13 There are no new (i.e., unforeseen in the MEIR) reasonable mitigation measures which have become available since late 2002 that would assure the reduction of cumulative (city-wide) air quality impacts to a less than significant level at project buildout, even with full compliance with attainment plans and rules promulgated by the California Air Resources Board and the San Joaquin Valley Air Pollution Control District. Through implementation of regional air quality attainment plans by the San Joaquin Valley Unified Air Pollution Control District (SJVAPCD), as supported by implementation of 2025 Fresno General Plan policies and MEIR mitigation measures, air pollution indices have shown improvement. Progress is being made toward attainment of federal and state ambient air quality standards. Ozone/oxidant levels have shown gradual improvement, as depicted in the following graphs and charts from the California Air Resources Board (graphics with an aqua background) and from the San Joaquin Valley Air Pollution Control District (those with no background color): Ozone Trends Summary: San Joaquin Valley Air Basin W 1%1 0,12 <3- Natl 8-Hr OV - Natl 8Hr Std 0.10 1997 National Attainment Standard - - 0 0.08 ----- - -- - --- --- �--- ----�--- - --- - ----- 2008 National Attainment Standard E 0.06 G. -) a 0.04 0.02 0.00 2000 2001 2002 2003 2004 2005 2006 2007 Years MEIR REVIEW SUMMARY Page 14 GRAPH NOTES: The "National 1997 8-Hour Ozone Design Value" is a three-year running average of the fourth-highest 8-hour ozone measurement averages in each of the three years (computed according to the method specified in Title 40, Code of Federal Regulations, Part 50, Appendix 1). Under the 1997 standard, in effect through the end of 2007, "Attainment" would be achieved if the three-year average were less than, or equal to, 84 parts per billion (ppb), or 0.084 parts per million (ppm). In 2008, a new National 8-Hour Ozone Attainment standard went into effect: a three year average of 75 ppb (0.075 ppm). Data and attainment status for 2008 is expected to become available in 2009. The California Clean Air Act has a different calculation method for its 8-hr oxidant [ozone] standard design value, and an attainment standard that is lower (0.070 ppm). The ozone improvement trend under the state Clean Air Act 8-hour ozone standard parallels the trend for the national 8-hour standard. Correspondingly, the number of days per year in which the National 8-hour Ozone Standard has been exceeded have also decreased since the end of 2002: Ozone Trends Summary: San Joaquin Valley Air Basin 140 <> Da9s>8Hr Natl Std 1201 100 80 � 60 40 20 0 2000 2001 2002 2003 2004 2005 2006 2007 Years In 1997, the Federal Clean Air Act repealed the former National 1-hour Ozone standard. However, the California Clean Air Act retains this air pollution parameter. The days per year in which the State of California 1-hour ozone standard has been exceeded have also shown a generally decreasing trend in the time since the 2025 Fresno General Plan MEIR was certified: MEIR REVIEW SUMMARY Page 15 1-hour Ozone Exceedance Days (California State Standard) 30 25 20 T O 4, 15 - a E Z Z 10-- 5 0 5 - 0 T 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 The current ozone attainment plan for the San Joaquin Valley Air Basin, in place when the MEIR for the 2025 Fresno General Plan was certified, is linked to a federal designation of "Serious Nonattainment." While ozone/oxidant air quality conditions are showing a trend toward improvement, the rate of progress toward full attainment is not sufficient to reach the national ambient air quality standards by the target date established by the attainment plan. Mobile sources (vehicle engines) are the primary source for ozone precursors, and the regulation of mobile sources occurs at the national and state levels and is beyond the direct regulatory reach of the regional air pollution control agency. As noted in the 2025 Fresno General Plan MEIR and reflected in the Statement of Overriding Considerations made when the MEIR was certified, potentially significant and unavoidable adverse air quality impacts are inherent in population growth and construction in the City of Fresno, given the Valley's climatology and the limitations on regulatory control of air pollutant precursors. In 2004, the San Joaquin Valley Air Pollution Control District, in conjunction with the California Air Resources Board, approved a re-designation for the San Joaquin Valley Air Basin to "Extreme Nonattainment" status for ozone, approving a successor air quality attainment plan that projects San Joaquin Valley attainment of the national 8- hour ozone standard by year 2023. This designation and its accompanying attainment plan were submitted to the U.S. Environmental Protection Agency (USEPA) in November of 2004. To date, no formal action has been taken by USEPA to date on the proposed designation or the attainment plan; the Valley remains in "Severe Non- attainment" as of this writing. The change from "Severe" to "Extreme" ozone Nonattainment would represent an extension of the deadline for attainment, but since the regional air basin would not have MSIR REVIEW SUMMARY Page 16 achieved attainment by the original deadline, this does not materially affect environmental conditions for the City of Fresno as they were analyzed in the MEIR for the 2025 Fresno General Plan. The proposed revised ozone attainment plan includes not only all the measures in the preceding ozone attainment plan, but additional measures for regulating a wider range of activities to attain ambient air quality standards. The Valley's progress toward attaining national and state standards for PM-10 (particulate matter less than 10 microns in diameter) has been greater since certification of the MEIR: 60 cSJV PM10 Progress 50 40 30 20 10 0 1990 1991 1992 1993 1994 1995 1998 1997 1998 1999 2000 2001 2002 2003 2004 2005 2008 Year As the preceding chart reveals, levels of PM-10 air pollution have decreased since 2002. When the NIEIR was certified, the San Joaquin Valley Air Basin was designated in "Serious Nonattainment" for national standards. As of 2007, the number of days where standards were exceeded has decreased to the extent that the Valley has been deemed to be in Attainment. Under Federal Clean Air Act Section 107(d)(3), PM-10 attainment plans and associated rules and regulations remain in place to maintain this level of air quality. New and expanded regulations proposed to combat "Extreme" ozone pollution and PM-2.5 (discussed below) would be expected to provide even more improvement in PM-10 pollution situation. The 2025 Fresno General Plan provided policy direction in support of "indirect source review" as a method for controlling mobile source pollution. Although vehicle engines and fuels are outside the purview of local and regional jurisdictions in California, approaching mobile source pollution indirectly, through regulation and mitigation of land uses which generate traffic, is an alternative approach. In March of 2006, the San Joaquin Valley Air Pollution Control District adopted Rule 9510, its Indirect Source Review Rule. Full implementation of this Rule has been delayed due to litigation (mitigation fees are being collected and retained in holding accounts), but projects are already being evaluated under Rule 9510 and are implementing many aspects of the Rule, such as clean air design (pedestrian and bike MSIR REVIEW SUMMARY Page 17 facilities; proximal siting of residential and commercial land uses; low-pollution construction equipment; dust control measures; cleaner-burning combustion appliances, etc.). It is anticipated that full implementation (release of mitigation impact fees for various clean air projects throughout the San Joaquin Valley) and subsequent augmentation of the Indirect Source Review Rule will accelerate progress toward attainment of federal and state ozone standards, and will be an important component of the attainment plan for PM-2.5 (very fine particulate matter) and for greenhouse gas reductions to combat global climate change. PM-2.5 is a newly-designated category of air pollutant, the component of PM-10 comprised of particles 2.5 microns in diameter or smaller. The 1997 Clean Air Act Amendments directed that this pollutant be brought under regulatory control, but federal and state standards/designations had not been finalized when the 2025 Fresno General Plan MEIR was drafted and certified. In the intervening time, the San Joaquin Valley Air Basin has been classified as being in "Nonattainment" for the 1997 federal PM-2.5 standard and for the State PM-2.5 standard. An attainment demonstration plan for the federal 1997 PM-2.5 standard has been adopted by the SJVAPCD and approved by the California Air Resources Board, and forwarded to the EPA for approval (status as of mid-2008). The attainment plan would achieve compliance with the 1997 federal Clean Air Act PM-2.5 standard by year 2014, in conjunction with California Air Resources Board (and US EPA) action to improve diesel engine emissions. The San Joaquin Valley Air Basin has not yet been classified under the more stringent revised federal 2006 PM-2.5 standard; this classification is expected by 2009. As with ozone and PM-10 pollution, levels of PM-2.5 have already been reduced by already-existing air quality improvement planning policies, mitigation measures, and regulations. The following charts depict historic PM-2.5 monitoring data for the regional air basin. Once the expected SJVAPCD attainment plan is implemented measures specific to PM-2.5 control, the rate of progress toward attainment of federal and state PM-2.5 standards will accelerate. MEIR REVIEW SUMMARY Page 18 24-hour PM2.5 Levels 3-year Average 98th Percentile Values 120 Attainment is met when the 3-year average is less than or equal to 65 Ng/m'(1997 standard) 100 less than or equal to 35 Ng/m'(2006 standard). 80 w ■ r■r MEMO ■■ ■■■■■ ■■■■ 'R Y■ 1■■■■ ■r■■■■■■ A ■■■■Y r r ■■■ E rn 60 z 40 20 0 T 1999-2001 2000-2002 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 Annual PM2.5 Levels Three-Year Averages 30 - Attainment is met when the 3-year average is less than or equal to 15 Ng/m' 25 20 015 rrrr� ■■ s■r� a■t ■■■ rr �■�r■�■r ■ z 10 5 0 T T 1999-2001 2000-2002 2001-2003 2002-2004 2003-2005 2004-2006 2005-2007 MSIR REVIEW SUMMARY Page 19 When the 2025 Fresno General Plan and its MEIR were approved in late 2002, the planning and environmental documents did not directly or separately analyze potential global warming and climate change impacts. However, the general policy direction for consideration of air quality parameters in development project evaluations and for reducing those air pollutants which are already under regulation would operate to control these potential adverse impacts. "Global warming" is the term coined to describe a widespread climate change characterized by a rising trend in the Earth's ambient average temperatures with concomitant disturbances in weather patterns and resulting alteration of oceanic and terrestrial environs and biota. When sunlight strikes the Earth's surface, some of it is reflected back into space as infrared radiation. When the net amount of solar energy reaching Earth's surface is about the same as the amount of energy radiated back into space, the average ambient temperature of the Earth's surface would remain more or less constant. Greenhouse gases potentially disturb this equilibrium by absorbing and retaining infrared energy, trapping heat in the atmosphere—the "greenhouse gas effect." The predominant current opinion within the scientific community is that global warming is occurring, and that it is being caused and/or accelerated via generation of excess "greenhouse gases" [GHGs], that natural carbon cycle processes (such as photosynthesis) are unable to absorb sufficient quantities of GHG and cannot keep the level of these gases or their warming effect under control. It is believed that a combination of factors related to human activities, such as deforestation and an increased emission of GHG into the atmosphere from combustion and chemical emissions, is a primary cause of global climate change. The predominant types of anthropogenic greenhouse gases (those caused by human activity), are described as follows. It should be noted that the starred GHGs are regulated by existing air quality policies and rules pursuant to their roles in ozone and particulate matter formation and/or as potential toxic air contaminants. • carbon dioxide (CO2), largely generated by combustion activities such as coal and wood burning and fossil fuel use in vehicles but also a byproduct of respiration and volcanic activity; • *methane (CH4), known commonly as "natural gas," is present in geologic deposits and is also evolved by anaerobic decay processes and animal digestion. On a ton- for-ton basis, CH4 exerts about 20 times the greenhouse gas effect of CO2; • *nitrous oxide (N2O), produced in large part by soil microbes and enhanced through application of fertilizers. N2O is also a byproduct of fossil fuel burning: atmospheric nitrogen, an inert gas that makes up a large proportion of the atmosphere, is oxidized when air is exposed to high-temperature combustion. I142O is used in some industrial processes, as a fuel for rocket and racing engines, as a propellant, and as an anesthetic. N2O is one component of "oxides of nitrogen" (NOX), long recognized as precursors of smog-causing atmospheric oxidants. MEll R REVIEW SUMMARY Page 20 • *chlorofluorocarbons (CFCs), synthetic chemicals developed in the late 1920s for use as improved refrigerants (e.g., "Freon TM"). It was recognized over two decades ago that this class of chemicals exerted powerful and persistent greenhouse gas effects. In 1987, the Montreal Protocol halted production of CFCs. • *hydrofluorocarbons (HFCs), another class of synthetic refrigerants developed to replace CFCs; • *perfluorocarbons (PFCs), used in aluminum and semiconductor manufacturing, have an extremely stable molecular structure, with biological half-lives tens of thousands of years, leading to ongoing atmospheric accumulation of these GHGs. • *sulfur hexafluoride (SF6) is used for insulation in electric equipment, semiconductor manufacturing, magnesium refining and as a tracer gas for leak detection. Of any gas evaluated, SF6 exerts the most powerful greenhouse gas effect, almost 24,000 times as powerful as that of CO2 on a ton-for-ton basis. • water vapor, the most predominant GHG, and a natural occurrence: approximately 85% of the water vapor in the atmosphere is created by evaporation from the oceans. In an effort to address the perceived causes of global warming by reducing the amount of anthropogenic greenhouse gases generated in California, the state enacted the Global Warming Solutions Act of 2006 (Codified as Health & Safety Code Section 38501 et seq.). Key provisions include the following: • Codification of the state's goal by requiring that California's GHG emissions be reduced to 1990 "baseline" levels by 2020. • Set deadlines for establishing an enforcement mechanism to reduce GHG emissions: ■ By June 30, 2007, the California Air Resources Board ("CARB") was required to publish "discrete early action" GHG emission reduction measures. Discrete early actions are regulations to reduce greenhouse gas emissions to be adopted by the CARB and enforceable by January 1, 2010; ■ By January 1, 2008, CARB was required to identify what the state's GHG emissions were in 1990 (set the "baseline") and approve a statewide emissions limit for the year 2020 that is equivalent to 1990 levels. (These statewide baseline emissions have not yet been allocated to regions, counties, or smaller political jurisdictions.) By this same date, CARB was required to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions. MSIR REVIEW SUMMARY Page 21 ■ By January 1, 2011, CARB must adopt emission limits and emission reduction measures to take effect by January 1, 2012. As support for this legislation, the Act contains factual statements regarding the potential significant impacts on California's physical environment that could be caused by global warming. These include, an increase in the intensity and duration of heat waves, the exacerbation of air quality problems, a reduction in the quality and supply of water to the state From the Sierra snow pack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. On August 24, 2007, California also enacted legislation (Public Resources Code §§ 21083.05 and 21097) requiring the state Resources Agency to adopt guidelines for addressing climate change in environmental analysis pursuant to the California Environmental Quality Act. By July 1, 2009, the Governor's Office of Planning and Research (OPR) is required to prepare guidelines for the mitigation of greenhouse gas emissions, and transmit those draft regulations to the Resources Agency. The Resources Agency must then certify and adopt the guidelines by January 1, 2010. The recently-released update of the Urbemis computer model (used by the City of Fresno Planning and Development Department for environmental assessments, pursuant to a specific MEIR mitigation measure) does provide data on the amounts of CO2 and oxides of nitrogen (NOX) potentially generated by development projects. However, at this point in time, neither CARB nor the SJVAPCD has determined what the 1997 baseline or current "inventory' of GHGs is for the entire state nor for any region or jurisdiction within the state. No agency has adopted GHG emission limits and emission reduction measures, and because CEQA guidelines have not been established for the evaluation and mitigation of greenhouse gas emissions (there is an absence of regulatory guidance). Therefore, the City is unable to productively interpret the results of the Urbemis model with regard to GHGs, and there is currently no way to determine the significance of a project's potential impact upon global warming. The 2025 Fresno General Plan provides an integrated combination of residential, commercial, industrial, and public facility uses allowing for proximate location of living, work, educational, recreational, and shopping activities within Fresno metropolitan area. This combination of uses has been identified as a potential mitigation measure to address global warming impacts in a document published by the California Attorney General's Office entitled, The California Environmental Quality Act Mitigation of Global Warming Impacts (updated January 7, 2008). Specifically, this document describes this mitigation measure as follows, "Incorporate mixed-use, infill and higher density development to reduce vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods"—echoing objectives and policies of the 2025 Fresno General Plan adopted in late 2002. The General Plan contains a mix of land uses would be expected to generate fewer vehicle rniles traveled per capita, leading to reduced emissions of greenhouse gases from engine emissions. It provides for overall denser development with high-intensity MEIR REVIEW SUMMARY Page 22 enclaves, associated with increased public transit use. The plan fosters mixed use and infill development (being implemented by mixed-use zoning ordinances added to the Fresno Municipal Code, as directed by 2025 Fresno General Plan) policies. The urban form element distributes neighborhood-level and larger commercial development, public facilities such as schools, and recreational sites throughout the metropolitan area, reducing vehicle trips. Any manufacturing activities that would generate SF6, HFCs, or PFCs would be subject to subsequent environmental review at the project-specific level, as would any uses which would generate methane on site. The City of Fresno has adopted an ordinance prohibiting installation of any woodburning fireplaces or woodburning appliances in new homes, which would reduce CO2 and N2O from wood combustion. Through updates in the California Building Code and statewide regulation of appliance standards, City development projects conform to state-of-the art energy-efficient building, lighting, and appliance standards as advocated in the California Environmental Protection Agency's publication Climate Action Team / Proposed Early Actions to Mitigate Climate Change in California (April 2007) and in CARB's Proposed Early Actions to Mitigate Climate Change in California (April 2007). The City has further incentivized "green" building projects by providing subsidies for solar photovoltaic equipment for single-family residential construction, by reducing development standards (including reductions in required parking spaces, which further reduces air pollutant and GHG emissions), and by improving its landscape and shading standards (a topic included in the Design Guidelines adopted with the 2025 Fresno General Plan). Updated engine and tire efficiency standards would apply to residents' vehicles, as well as the statewide initiatives applicable to air conditioning and refrigeration equipment, regional transportation improvements, power generation and use of solar energy, water supply and water conservation, landfill methane capture, changes in cement manufacturing processes, manure management (methane digester protocols), recycling program enhancements, and "carbon capture" (also known as "carbon sequestration," technologies for capturing and converting CO2, removing it from the atmosphere). Due to the lack of data or regulatory guidance that would indicate the 2025 Fresno General Plan had a significant adverse impact upon global climate change, the relatively small size of the Fresno Metropolitan Area in conjunction with the worldwide scope of GHG emissions, and the emphasis in the 2025 Fresno General Plan upon integrated urban design and air pollution control measures, it could not be concluded in 2002 nor at present that the 2025 Fresno General Plan would have a significant adverse impact on global climate change. As to potential impacts of global warming upon the 2025 Fresno General Plan: the city is located in the Central Valley, in an urbanized area on flat terrain distant from the Pacific coast and from rivers and streams. It is outside of identified flood prone areas. Based on its location we conclude that Fresno is not likely to be significantly affected by the potential impacts of global climate change such as increased sea level and MSIR REVIEW SUMMARY Page 23 river/stream channel Flooding; nor is it subject to wildfire hazards. While Fresno does contain areas with natural habitat (the San Joaquin Bluffs and River bottom), a change in these areas' biota induced by global warming would not leave them bereft of all habitat value—it would simply mean a change in the species which would be encountered in these areas. The 2025 Fresno General Plan preserves this habitat open space area for multiple objectives (protection from soil instability and flood inundation; conservation of designated high-quality mineral resources), so any natural resource species changes in those areas would not constitute a significant adverse impact to the city or a loss of resource area. Fresno has historically had high ambient summer temperatures and an historic heat mortality level that is among the highest in the state (5 heat-related deaths annually per 100,000 population). Due to the prevalence of air conditioning in dwellings and commercial buildings, an increase in extreme heat days from global warming is not expected by the California Air Resources Board Research Division to significantly increase heat-related deaths in Fresno, as opposed to possible effects in cooler portions of the state such as Sacramento or Los Angeles areas (reference: Projections of Public Health Impacts of Climate Change in California: Scenario Analysis, by Dr. Deborah Dreschler, Air Resources Board, April 9, 2008). Increased summertime temperatures which may be caused by global warming will be mitigated by the City's landscaping standards to provide shade trees, by statewide energy efficiency standards which insulate dwellings from heat and cold, and by urban design standards which require east-west orientation of streets and buildings to facilitate solar gain. Fresno has a heat emergency response plan and provides cooling centers and Free transportation to persons who do not have access to air conditioning. Secondary health effects of global warming could include increases in respiratory and cardiac illnesses attributable to poor air quality. The San Joaquin Valley Air Pollution Control District provides daily advisories and warnings in times of high ozone levels to help senior citizens and other sensitive populations avoid exposure. The SJVAPCD has committed to attainment of fine particulate matter (PM2.5) standards by Year 2014 and to attainment of oxidant/ozone standards by Year 2023, and would adopt additional Rules and emission controls as necessary to decrease emissions inventories by those target dates. There is insufficient information to indicate that global climate change would prevent attainment of air quality parameters affecting health. Pursuant to 2025 Fresno General Plan policy and MEIR mitigation measures, the City's Department of Public Utilities and Fire Department are required to affirm that adequate water service can be provided to all development projects for potable and fire suppression uses. The City derives much of its water supply from groundwater, using its surface water entitlements From the Kings and San Joaquin Rivers primarily to recharge the aquifer. A high percentage of Fresno's annual precipitation is captured and percolated in ponding basins operated by Fresno Metropolitan Flood Control District. If global climate change leads to a longer rainy season and/or more storm events throughout the year, groundwater supplies could be improved by additional percolation. MEIR REVIEW SUMMARY Page 24 The City of Fresno currently treats and distributes only some 20% of its 150,000 acre- foot/year (AFY) surface water entitlement for the municipal water system, directing another 50,000 to 70.000 AFY to recharge activities via ponding basins. Presently, the City is unable to recharge the full balance of its annual entitlement in average and wet years, and releases any unused surface water supplies to area irrigation districts for agricultural use in the metropolitan area, (which further augments groundwater recharge through percolation of irrigated water). Future surface water plant construction projects envisioned by the 2025 Fresno General Plan would account for less than 120,000 acre-feet per year of the surface supply. The General Plan direction for future Metropolitan Water Resource Management Plans includes exploring the use of recycled treated wastewater for non-potable uses such as landscape irrigation, which would further effectively extending the City's water supply.. If the global climate change were to cause a serious and persistent decrease in Sierra snowpack, sorne of Fresno's water supply could be affected. However, historic records show that the very long-term prevailing climatic pattern for Central California has included droughts of long (often, multi-year) duration, interspersed with years of excess precipitation. Decades before global climate change was considered as a threat to California's water system, state and local agencies recognized a need to augment water storage capacity for excess precipitation occurring in wet years, to carry the state through the intervening dry years. The potential for episodic and long-term drought is considered in the city's Metropolitan Water Resource Plan and in its the Urban Water Management Plan Drought Contingency component, to accommodate reductions in available water supplies. In times of extended severe regional or statewide drought, a reprioritization of water deliveries and reallocation for critical urban supplies vs. agricultural use is possible, but it is too speculative at this time to determine what the statewide reprioritization response elements would be (the various responses of statewide and regional water agencies to these situations are not fully formulated and cannot be predicted with certainty). Because the true long term consequences of climate change on California's and Fresno's water system cannot be predicted, and, it is too speculative at this time to conclude that there could be a significant adverse impact on water supply for the 2025 Fresno General Plan due to global climate change. As noted above, it is theorized that global warming could lead to more energy in the atmosphere and to increased intensity or Frequency of storm events. Fresno's long- term weather pattern is that rainfall occurs during episodic and fairly high-intensity events. The Fresno Metropolitan Flood Control District (FMFCD) drainage and flood control Master Plan, which sets policies for drainage infrastructure and grading in the entire Fresno-Clovis area, is already predicated on this type of weather pattern. FMFCD sizes its facilities (which development potentiated by the 2025 Fresno General Plan will help to complete) for "two-year storm events," storms of an intensity expected in approximately 50 percent of average years; however, the urban drainage system design has additional capacity built into the street system so that excess runoff from MEIR REVIEW SUMMARY Page 25 more intense precipitation events is directed to the street system. The City's Flood Plan Ordinance and grading standards require that finished floor heights be above the crowns of streets and above any elevated ditchbanks of irrigation canals. FMFCD project conditions also preserve "breakover" historic surface drainage routes for runoff from major storms. Ultimately, drain inlets and FMFCD basin dewatering pumps direct severe storm runoff into the network of Fresno Irrigation District canals and pipelines still extant in the metropolitan area, with outfalls beyond the western edge of the metropolitan area. Scientific information, analytical tools, and standards for environmental significance of global warming and green house gases were not available to the Planning and Development Department in 2002 when the 2025 Fresno General Plan and its MEIR were formulated and approved--and at this point, there is still insufficient data available to draw any conclusions as to the potential impacts, or significance of impacts, related to global climate change for the 2025 Fresno General Plan. Similarly, there is insufficient information to conclude that global warming may have a potentially significant adverse impact upon the 2025 Fresno General Plan. In a situation when it would be highly speculative to estimate impacts or to make conclusions as to the degree of adversity and significance of those impacts, the California Environmental Quality Act allows agencies to terminate the analysis. In that regard, there is no material change in status from the degree of environmental review on this topic contained in the 2025 Fresno General Plan MEIR.