RESOLUTION NO. 2012-224

A RESOLUTION OF THE COUNC IL OF THE CITY OFFRESNO, CALIFORNIA, TO ADOPT THE REVISEDMITIGATED NEGATIVE DECLARATION FORENVIRONMENTAL ASSESS MENT NO. C-I I-014/T-5994 ASRELATED TO THE PROPO SED L STREET PROJ ECT

WHEREAS, in January 2011, FFDA Properti es, LLC (Granville Homes) submitted

applications with the City of Fresno for a Vesting Tentative Map of Tract No. 5994 and a

Conditional Use Permit Application No. C-I I-014 for a proposed infill project on a 1.29 acre site

("Subject Property") located at the northeast corner of L and San Joaquin Streets (the "L Street

Project" or "Project"); and

WHEREAS, the L Street Project proposes to subdivide the Subject Property into a

planned unit development of 28 two-story townhou ses units consisting of 14 multipl e dwelling

(duplex) structures within a proposed gated community; and

WHEREAS, the City of Fresno Historic Preservation Commission appro ved the

environmental finding of a Mitigated Nega tive Declarati on for Environmental Assessment No.

C- I I-014/T-59 94 on June 27, 2011, and the decision was affirmed by the City Council on

November 3, 2011; and

WHEREAS, the Mitigated Negative Declaration was challenged in a petition for writ of

mandamus filed with Fresno County Superior Court (Case No. lI CE CG 04172); and

WHEREAS, the Court reversed the City Council's decision to affirm the Historic

Preservation Commission' s approva l of the Mitigated Negative Declaration and required the City

Council to conduct a de novo noticed public hearing on the issue of whether the Mitigated

Date Adop ted:Date Approved :Effective Date:

12/61201 212/6/201212/6/201 2

l of 5 A Resolution Adopting a RevisedMitigated Negative Declaration as Relatedto the Proposed " L" Street Project

Resolu tion No. 20 12-224

further environmental review; and

WHEREAS, on December 6, 2012, the City Council forma lly rescinded all of its actions

to approve the environmental finding of a Mitigated Negative Declaration for Environmental

Assess ment No. C- I I-014rr-5994 pursuant to Council Resolution No.20 12-223; and

WHEREAS, a Revised Mitigated Negative Declaration was prepared, and a Notice of

Intent to Adopt a Mitigated Negative Declaration and Notice of Public Hearing was published

and circulated on Nove mber 14, 2012 pursuant to CEQA Guidelines section 15072; and

WHEREAS, on December 6, 2012, the City Council conducted a public hearing and

considered and discussed the adequacy of the Revised Mitigated Negative Declaration for

Environmental Assessment No. C- I I-014/T-5994, and received both oral testimony and written

information presented at the hearing; and

NOW, THEREFOR E, BE IT RESOLVED by the Council of the City of Fresno, based

upon the administrative record, testimony and information presented at the hearing, and upon

review and consideration of the environmental document provided, as follows:

I. The Council finds in accordance with its own independent judgment and analysis that

there is no substantial evidence in the record that, with the project specific mitigation

imposed, Environmental Assessment No. C- I I-014rr-5994 would result in any

adverse effects on the environment or may have additional significant effec ts on the

environment that were not identified in the 2025 Fresno General Plan Master

Environmental Impact Report No. 10130 (nMEIRn) or Mitigated Negat ive

Declaration ("MND") No. A-09-02, and that all applicable mitigation measures of

MEIR No. 10130 and MND No. A-09-02 have been applied to the project together

zersA Resolution Adopt ing a RevisedMitigated Negative Declaration asRelated to the Proposed "L" StreetProjectResolution No. 20 12-224

cause significant adverse cultural or historic resource impacts and irreversible

significant effects beyond those identified by MEIR No. 10130 or MND No. A-09-02

as provided by CEQA Guidelines section 15178(a). Pursuant to Public Resources

Code, section 2 1157.6(b)(I ), the Council finds that no substantial changes have

occurred with respect to the circumstances under which the ME1R was certified and

MND No. A-09-02 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 comp lete,

has become available . Accordingly, the Council adopt s the Revised Mitigated

Negative Declaration prepared for Environmental Assessment No. C- I I-O14/T-5994

dated November 14, 2012.

2. The Council finds, based on substantial evidence in the records of proceedings, that

with regard to the effects in Exhibit A to this resolution (the Statement of Findings),

which is hereby adopted and incorporated by reference, changes have been required

in, or incorporated into, the Project through the imposition of mitigation measures in

the Mitigation Monitoring and Reporting Program ("MMRP"), which mitigate or

avoid the significant effects on the environment. The City Council finds that to the

extent that any of the mitigation measures are within the responsibility and

juri sdiction of another public agency and not the City, those mitigation measures can

and will be adopted and imposed by the other agency based on state and/or federal

law, communications by those agencies, and/or existing policies and/or

intergovernmental relationships with those agencies.

3. Pursuant to Public Resources Code section 21081.6, the MMRP dated November 14,

3 0f SA Resolut ion Adopting a RevisedMitigated Negative Declaration asRelated to the Proposed "L" StreetProjectResolution No. 20 12-224

fully implemented. Additionally, compliance by the app licant with the MMRP will

be made a condition of approval of CUP No. C- I l -014 and Vesting Tentative Tract

Map No. T-5994.

4. The Council finds, based on substantial evidence in the records of proceedings, that

with the approval of the Revised Mitigated Negative Declaration (i) no further

env ironmental review is required for the Project ; and (ii) the Counci l affirms its

decision not exe rcise its discretion under CEQA Guidelines sectio n 15064.5(a)(3) and

(4) to make a determination that the (former) Crichton Home and the Sayre Home

were historical resources..

5. The record of project approval shall be kept in the office of the City Clerk, City of

Fresno, City Hall, 2600 Fresno Street, Fresno, California, which shall be held by the

City Clerk as the custodian of the docu ments; all other record of proceedi ngs shall be

kept with the Deve lopment and Resource Management Depart ment and the Director,

or designee , thereof shall be the custodian of the doc ument s.

Exhibit A:Exhibit B:

Statement of FindingsMitigation Monitoring and Reporting Program

* * * * * * * * * * * * * *

4 of 5A Reso lutio n Adopting a RevisedMit igated Negative Declaration asRelated to the Proposed " L" StreetProjectReso lution No. 20 12-224

STATE OF CALIFORNIA )COUNTY OF FRESNO ) ss.CITY OF FRESNO )

I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoingresolution was adopted by the Council of the City of Fresno, at a regular meet ing held on the6th day of December, 20 12.

AYESNOESABSENTABSTAIN

Baines, Borgeas, Brand, Quintero, Westerlund , Xiong, OlivierNoneNoneNone

YVONNE SPENCE, CMCCity Clerk

APPROVED AS TO FOCITY ATTOR EY'

DATE: - ----'...!""----f-l-=----------

Date Adopted:Date Approved:Effective Date:

12/6/20 1212/6/20 1212/6120 12

5 of 5 A Resolution Adopting a RevisedMitigated Negative Declarat ion as Relatedto the Proposed "L" Street Project

Reso lut ion No. 20 12-224

FINDINGS

Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines(codified at California Code of Regulations, title 14, section 15000 et seq.), the City Council ofthe City of Fresno, (the "Council") has evaluated the environmental impacts of the Proposed LStreet Project (Condition al Use Permit No . C- I I-014 and Tentative Vesting Tract MapApplication No. T-5994), an infill project on a 1.29 acre site located at the northeast comer of LStreet and San Joaquin Street. The Vesting Tentative Map proposes to subdivide the propert yinto a planned unit development of 28 two-story townhouses units consisting of 14 multipledwelling (duplex) structures. The Cond itional Use Permit Application No. C-I I-0 14 addressesthe proposed development as a gated community with private streets and modified propertydevelopment standards.

The Council, pursuant to its land use approval appeal authority (see Fresno Municipal Codesection 12-1620), has held multiple duly noticed public hearings on the approval of the MitigatedNegative Declaration ("MND") and Revised Mitigated Negative Declaration ("RMND"),including the hearing of the appeal filed by the Citizens for the Restoration of L Street("Appellants") on November 3, 20 11, and the de novo hearing ordered by the Fresno CountySuperior COUIt on December 6, 2012. The Council, having considered all comments, both oraland written constituting the administrative record, makes the following findings:

A. Procedural Findings

I . In January 20 I I, FFDA Properties, LLC (Granville Homes) submitted applications for aVesting Tentative Map of Tract No . 5994 and a Conditional Use Permit Application No.C- I I-014.

2. An MND for the Proposed Project was prepared and considered by the City' s HistoricPreservation Commission ("H PC") on June 27, 20 II . .

3. I-laving considered all the evidence in the record, comments received and testimony at thehearing, the HPC took the following actions:

a. Adopted findings that the Crichton Home did not fit within the definition of aHistorical Resource under CEQA Guideline section 15064.5(a)(2) as it was notlisted on the City' s Local Register of Historic Resources, and the preponderanceof the evidence demon stra ted that the Crichton Home was not historically orculturally significant because it no longer met the definition of a "HeritageProperty" as a resource that was worthy of preservation pursuant to FresnoMunicipal Code ("FMC") section 12-1603(n).

b. Elected not to exercise its discretion, pursuant 'to CEQA Guideline section15064.5(a)(3) and (4), to determine that the Crichton Home and Sayre Home werehistorical resources.

Statement of Findings

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Page I of 9

c. Considered and approve d the Jun e 6, 20 II Mitigated Nega tive Declaration for theConditional Use Permit Application No . C- I I-0 14, Vesting Te ntative Map No.5994 which included and assesse d the impacts associated with the demoliti on ofthe buildin gs on the project site and made a determination , based on substantialevidence, that there would be no resulting significant or potent ially significantadverse effects .

d. Adopted findings to support the issuance o r a permit to demolish the CrichtonHome pursuant to FMC section 12-1619(a) and (b) subject to conditions thatrequired (a) a buil ding plan check with the City' s Building and Sa fety Divisionprior to demolition and (b) all reusable architectural details and elements from theCr ichto n Home will be salvaged .

4. A notice of determ ination related to the HPC approval of the MND and demolitionpermits was filed with the Fresno County Clerk on June 30, 20 II .

5. On August 1, 20 II , Appellan ts filcd an appea l regard ing thc City Ilistorical PreservationCo mmission' s adoption of a Mitiga ted Negative Declaration for the proposed L StreetProject.

6. The Counc il scheduled and commenced its appeal hear ing in a timely rash ion onNove mber 3, 20 II , and dcnicd the app eal,

7. In rende ring this action, the City Council determined based on substantia l ev idence that :

a. Th e Crichton Home did not fit wit hin the defin ition of a historica l resource underthe California Environm ental Quality Act, as it was not listed on the LocalRegister of Historic Resources;

b. The Crichton ll omc was neither histor icall y nor culturally significant beca use itno longer met even the lower standards defining " Heritage Properties" as aresources worthy of preservat ion pursuant to Fresno Municipal Code sec tion 12­1603(n), nor the minimum standards or historical or cultura l significance set forthin thc Public Resources Code; and

c. The action of thc IIPC approving the MND and the associated demolitio n permitswas proper. Th e City Council also elected not to exercise its discretion todeterm ine that any o r the then existing buildings on the property were historicalreso urces or that the area in which the project is located should be treated as ahistoric district , and as such, a historical resource.

8. On December 5, 20 11. App ellant s fil ed a l'ctiiion for Writ o r Mand amus in FresnoCo unty Superior Court challenging the Ci ty' s den ia l o r its appea l and affirmation o rHPC' s approval of the Project (Ca se No. l l Cf CG (4 172).

I.Statement of Findings

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....

9. On October 11 , 20 12, the Court issued a Statement of Decision vacating the City'sNovember 3, 20 11 decision affirming the I-IPC' s approva l of the MND and granting theapp lication of Granvi lle to demo lish the Crichton and Sayre Homes, and ordered the CityCo uncil to co nduct a de novo noticed pub lic hearing on the issue of whet her the MNDshould be approved, and whether the Project should go forward withou t furth erenv iron mental review.

10. Pursuant to that Statement of Decision, the City has revised the MND to reflect thecurrent status and impacts, if any, of the Project, and the City Cou ncil held a de novonoticed pub lic hearing to review the RMND.

II . The City Council now finds that there are no procedural flaws in the noticing docum ents(or in the issuance of said docum ents) relating to the December 6, 20 12 City Cou ncilhearin g and actions taken therei n. This finding is based on the following considera tionsand facts:

a. Prior to the December 6, 20 12 hearin g, the City prepared the RM ND. OnNovember 14, 2012, pursuant to CEQA Guidelines section 15072, the Cityprepared the Notice of Intent ("NO I") to adopt a Mitigated Negative Decl aration,and filed a copy thereof in the offic e of the County Clerk for the Co unty ofFresno.

b. On Nove mber 14, 2005, the Notice of Intent and Notice of Publ ic Hearing wasprovided by the City to the Co unty of Fresno for direct mailing to prop ertyow ners and occupants of contiguous property show n on the latest equalizedassessment roll on, as well as all property owners within 350 feet of the projectsite, which occurred on November 15, 2012.

c. On November 14, 2012, pub lic notice of the NOI and Notice of l'ub lic Heari ngwas published by the City in the Fresno Bee, a newspaper of general circulation inthe area affected by the proposed project.

d . Lastly, the Council finds that the propo sed MND was made available for publi creview in acco rdance with CEQI\. The City ex tended the comment period on theMND up to and including December 5, 20 J2, and provided copies of the MND ,whic h includes electronic copies, to members of the public upon request.TheCouncil also re-adopts and fully incorporates all prior lindings indentilied abovein this Sec tion 1\.

e. The Council also re-adopts and fully incorporates all prior findings iden tifi edabove in this Sec tion 1\.

I.

Statement of fin dings

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B. Fac tual Findings

I . Aesthetic ImpactsThe Project, the construction of 14 two-story multiple dwelling structures on currentlyvacant property, will not result in any significant impacts related to aesthetics, or suchimpacts will be less than significant with mitigation incorp orated . Although the proposedProject would alter the visual character of the site, the design and appearance of theproposed town homes would be a positi ve improvement to the vacant site. In add ition,the Project would be visually consistent- in term s of mass, scale, texture, and style­with the ex isting neighborh ood and infill developm ents in downtown Fresno and theCultural Art ' s Distr ict. As such, the proposed Project would not degrade the ex istingvisual character or quality of the site and its surroundings and impacts would be less thansignificant.

2. Ag ricu ltura l and Forestry Resources ImpactsThe Project, the construct ion of 14 two- story multiple dwelling structures on currentlyvaca nt property, will not result in any impacts related to agricu ltura l and ForestryResourecs. The proje ct site and surrounding areas do not contain active agricultura l land.The project s ite and surround ing areas arc designated as " Urban and Built-up Land" andis largely developed with urban uses. The development of the Project would not result inthe conversion of Farmla nd to non-agr icultural uses. No impacts would OCCU l".

3. Air Quali ty ImpactsThe Project, the construction of 14 two- story multiple dwelling structures on currentlyvacant property, will not resu lt in any significant impacts related to air qua lity. Theproject emissions wou ld not exceed the San Joaquin Valley Air Pollution ControlDistr ict' s (SJVAPCD) significance thresholds and wou ld compl y with all applicable rulesand regulations, and is therefore, consistent with applicab le AQAPs. The Project wouldnot generate, or substantially contribute to, additional traffi c that would exceed state orfedera l CO standards, and would not generate a significant quantity of ozo ne precursors.Th e proposed Project would not expose sensitive receptors to substantial concentrationsor asbestos, localized PM I0, carbon monoxide, diesel part iculate matter, or hazardouspollu tants after incorporation of mitigation. The proposed Project does not contain landuses typically associated with emitting objectionable odors, and development of theProject would not create a significant odor impact.

4. Biological Resources ImpactsThe Project. the construct ion of 14 two-story multiple dwell ing structures on currentlyvaca nt property, will not result in any significant impacts related to biologica l reso urcesor impacts will be less than significant with mitigation incorporated . Mitigation isprop osed to redu ce potenti al impact to roosting bats and migratory nesting birds. Tbcrcare no riparian habitats or other sensitive natural communities, wetlands located with theproj ect site, and the project site docs not support wildlife movement , thus there arc noimpacts. In compliance with the Municipal Code, the project appl icant shall submit alandscaping plan for any tree removal to reduce impacts to less than significant.

Statement of Findings

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Additionally, the General Plan designates the project site as Commercial Mixed Use­Level 2 (Central Area), and has zoned the site as C-P and C4. As such, there are noimpacts to Habitat Conservation or Natural Community Conservation Plans.

5. Cultural Resources ImpactsThe Project, the construction of 14 two-story multiple dwelling structures on currentlyvacant property, will not result in any significant impacts related to cultural resources orimpacts will be less than significant with mitigation incorporated. The Project will besubject to the cultural resources mitigation measures idcnti fied in MEJR No. 10130prepared for the 2025 Fresno General Plan. The MEJR round impacts to culturalresources would be significant and unavoidable. The City of fresno adopted a Statementof Overriding Considerations to address these significant and unavoidable impacts tocultural resources:

• Increased development within the City's sphere of influence may impact culturalresources (unknown at this time); and

• Historic building surveys have not been completed to sufficiently assesspotentially significant resources within the City's sphere of influence.

MEIR cultural resources mitigation measures are incorporated by reference into thisIS/MND and are required. MEIR mitigation measures .I-I, .1-2, .1-3 for minimizingsignificant effects on cultural resources are applicable and relevant to the Project and willreduce any potential impacts to less than significant.

6. Geology and Soils ImJl'lctsThe Project, the construction of 14 two-story multipic dwelling structures on currentlyvacant property, will not result in any significant impacts related to geology and soils.The Fresno metropolitan area has no known active earthquake faults and is considered bythe State to be an area of low seismic risks. The site is not located in an Alquist-PrioloEarthquake Fault Zone or a potential liquefaction zone mapped by California GeologicalSurvey. There are no geologic hazards or unstable soil conditions known to exist on theproject site. 'The project would be served by City of Fresno sanitary sewers and wouldnot require the installation of septic or alternative wastewater disposal systems. Noimpacts would occur.

7. GX,-,,-,l1holl;i,-,QasEmiSSi(lllJm pactsThc Project, the construction 01' 14 two-story multiple dwclling structurcs on currentlyvacant property, will not result in any significant impacts related to greenhouse gasemissions. Taking into account the proposed project's emissions, project rcductions, andthc progress being made by the Statc towards reducing emissions in key sectors such astransportation, industry. and electricity, the proposed project furthers the State's goals orreducing greenhouse gas emissions to 1990 levels by 2020, and does not obstruct theScoping Plan's emission reduction goal. Impacts arc Icss than significant.

Statement of r:inclings

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8. Hazards and Hazardous Material s ImpactsThe Project, the construction of 14 two-story multiple dwelling structures on currentlyvacant property , will not result in any significant impacts related to hazards andhazardous materials. The project would not use, transport, or store large quantities ofhazardous materials. Thc project would involve small quantitics of household hazardouswastes, which would be transported, stored, used, and disposed of by residents of theproject. Therefore, the project would not create a significant hazard through the releaseof hazardous materials; this impact is less than significant. The project site is located inan area where ex isting emergency response times for fire protection, emergency med icalservices, and law enforcement meet adopted standards . The proposed project is requiredto adhere to the standards set forth in the Uniform Fire Code, which identifies the designstandards for emergency access durin g both the project's construction and operationalphases. The City of Fresno Fire Departm ent will review site plans for consistency withthe Uniform Fire Code. Less than significant impacts would occur to emergencyresponse or evacuation plans.

9. Hydrology and Water Quality ImpactsThe Project, the construction of 14 two-story multiple dwelling structures on currentlyvaca nt property, will not result in any significant impacts related to hydro logy and waterquality, or such impact s will be Icss than significant with mitigation incorporated .Mitigation measures arc incorpora ted to assist compliance with the City' s Municipa lSepara te Storm Sewe r Systems (MS4) National Pollution Discharge Elimination System(NPD ES) permit with the Regional Water Quality Control Board (RWQCB).Additionally, the mitigation measures of the MEIR, which assure that an adequate sourceof water is ava ilable to serve the project, are incorporated . There are no rivers or streamslocated on the project site, the projec t site has been mapped outside the IOO-yea r floodplain by the Fede ral Emergency Management Agency (Community Panel No.060 19C2 11011), and the projec t site does not contain or is not located near any largeinland bodies of water that cou ld be susceptible to a seiche, therefore, there are less thansignificant or no impacts related to these conditions.

10. Land Usc and Planning ImpactsThe Project, the construction of 14 two-story multiple dwe lling structures on currentlyvacant property, will not resu lt in any impa cts rela ted to land use and planning. TheProject is consistent with the Goa ls and Urban Form Objectives and Policies of theGeneral Plan. The Project is consistent with the Central Area Community Plan, theFulton Lowell Specific Plan, and the Fresno Municipal Code.

II . Mineral Resources ImpactsThe Project, the construction of 14 two-story multip le dwelling structures on currentlyvaca nt property, will not result in any impac ts re lated to mineral resources. The projectsite is not located in an area designated for mineral resourc e extraction by the FresnoGen era l Plan 2025. In addition, the project site is not located in a mineral resource zonedesignated by the California Division of Geology and Mines. The proposed project is aninfi ll developm ent and replace ex isting urba n uses. Therefore. the project would not

"

Statement of Findings

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Page 6 of 9

result in the loss of availability of a known mineral resource or affect a locally importantmineral resource recovery site delineated on a local general plan, specific plan, or otherland use plan. No impacts would occur.

12. Noise ImpactsThe Project, the construction of 14 two-story multipic dwelling structures on currentlyvacant property, will not result in any significant impacts related to noise. Constructionof the proposed project could generate significant noise, corresponding to the buildingconstruction and the noise-generating equipment used. Since certain pieces ofconstruction equipment can generate noise levels of 85 dBA or louder at a distance of 50feet, project-related construction activities would temporarily raise ambient noise levelsin the project vicinity. However, compliance with the Fresno City Noise Regulations andimplementation of the following mitigation measure would reduce this impact to a lessthan significant level. The project would construct 28 residential town homes.Residential land uses are not known generators of substantial noise. Furthermore, theproject area has a strong mixture of existing residential and eommcrcialland uses, withthe commensurate noisc generation of typical residential and commercial facilities.Therefore, the ineremental noise from operation of the proposed new residences to beconstructed would not result in a substantial increase in ambient noise levels in theproject vicinity above levels existing without thc project.

13. J'gmIisl!lllll and Housing ImpactsThe Project, the eonstruction of 14 two-story multiple dwelling structures on currentlyvacant property, will not result in any significant impacts to population and housing. Theproposed project required the removal of two single-family residential structures, neitherof which was being used as housing. Implementation of the proposed project wouldresult in the provision of28 town homes, thereby providing a net increase of26residential units. As such, the proposed project would not displace a substantial numberof existing housing or necessitate the construction of replacement housing elsewhere.Impacts would be less than significant.

14. Public ServieesJmpaetsThe Project, the construction of 14 two-story multiple dwelling structures on currentlyvacant property, will not result in any significant impacts to public services. The Projectwould pay a variety of impact applicable impact fees, including for: utility infrastructurenetworks, fair share of citywide police and lire, and parks and recreation. Compliancewith applicable standards and payment of the impact fees. as well as generation of newlocal tax revenues, will ensure that the Project has less than signi ficanr impact on publicservices.

15. RelJ",lliC2ILl!m2!l~Ls

The Project, the construction of 14 two-story multiple dwelling structures on currentlyvacant property, will not result in any significant impacts to recreation. The proposedproject includes the development of up to 28 new residences in the City of Fresno whoseinhabitants (up to 78 new residents) would increase demand on existing park and

Statement of Findings

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Page 7 01'9

recreational faci lities in the City of Fresno . However, this new dema nd will be offset bythc developer impac t fees. As such, impacts wo uld be less than significant.

16. Transportation/Traffic ImpactsThe Project, the construct ion of 14 two-sto ry multiple dwelling structures on currentlyvacant property, will not result in any significant impacts to transportation/traffic. Theproposed project would not conflic t with establ ished policies or the effectiveness of theex isting vehicular, mass transit, bicyc le, or pedestri an transit systems, and wou ld notca use unacceptable co ngestion on adjacent roadways or confli ct with transit, bicycle, orpedestrian fac ilities. The proposed Project wo uld be designed to incorporate all requi redCity of Fresno Fire Department standards to ensure that its implementation would notresult in hazardous design featur es or inadequ ate emergency access to the site or areassurrounding the site.

17. Utilities and Service SystemsThe Project, the co nstruct ion of 14 two-story mult iple dwe lling structures on cu rrentlyvaca nt property, will not result in any significant impacts related to utilities and servicesystems, or such imp acts will be less than significant with miti gation incorporated .Suffi cient water supplies would be ava ilable to serve the proposed project and impactswould be less than significant. The City has ex isting infrastructure sufficient toaccommoda te storm wa ter from the proposed Project, and the Project incorporatesmiti gat ion measure s to red uce potenti al impacts (rom construction waste to less thansignificant.

18. Mandatory Findings of SignificanceAs evaluated in the Initial Study, the proposed proj ect would not substantially degradethe quality of the env ironment; substantially reduce the habit at of a fish or wildlifespecies; cause a fish or wildlife popu lation to drop below self-sustaining levels; threatento elim inate a plant of animal community; reduce the num ber or restrict the range of anendangered, rare, or threatened spec ies; or eliminate important examples of the majorper iods of California history of prehistory. Mitigation measures were incorp orated tolessen the significance of potential impacts to wildlife species and previo usly unknowncultural resources. The appl icant has ag reed to imp lement all required mitigationmeasures; therefore, less than significant impacts from project implementation wou ldoccur. Impacts resu lting trom construction and implementation of the propo sed projectwould be reduced to a less than significant level by impleme nting mitigation measuresincluded in the Initial Study. All potential effec ts of the proposed project rela ted to airquality. hazardous materials and noise arc less than significant or less than significantwith mitigation incorporated.

C. Il ea ring Fin dings

I . The City Cou ncil, based upon the administrative reco rd, comment s received , and uponreview and cons ideration of the environmental document provid ed. hereby makes the

Statement of Findings

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following findings and determinations regarding the Proposed Project :

a. Substantial evidence supports a finding that Environmenta l Assessment No . C- I I­014/T-5994, with the project specific mitigat ion imposes, would not result in anyadverse effects on the env ironment that were not identified in the 2025 FresnoGeneral Plan Master Environmental Impact Repor t No . 10130 ("MEI R") orMitigated Negative Declaration ("MND") No. A-09-02, and that all applicablemit igation measures of ME IR No. 10130 and MND No. A-09-02 have beenapplied to the project together with project specific mit igation measures necessaryto assure that the projec t will not cause significant adverse cultural or histor icresource impacts and irreversible significant effects beyond those identified byMEIR No. 10 130 or MND No . A-09-02 as provided by CEQA Guide lines section15178(a). Pursuant to Public Resources Code, section 21 157.6( b)( I) , the Counci lfinds that no substantial changes have occurred with respect to the circumstancesunder which the MEIR was certified and MN D No. A-09-02 was adop ted; and,that no new information, which was not known and could not have been known atthe time that the ME IR was certified as comp lete, has become available.Accordingly, the Council adopts the Revised Mitigated Negative Declarat ionprepared for Environmental Assessment No. C- I I-O14/T-5994 dated November14, 2012.

b. With the approval of the Revised Mi tigated Negative Declarat ion, the CityCouncil fi nds that:

I. no further environ mental review is requ ired for the Project; and

II. the Co uncil affirms its decision not exercise its discretion under CEQAGuidelines section 15064.5(a)(3) and (4) to make a determination that the(former) Crichton Home and the Sayre l Iome were historical resources.

Statement of Find ings Page 9 01'9

72798:'65.1003863 8-00003

MITIGATION M ONITORING AND R EPORTING P ROGRAM

Env iro nmental Impact Mitigation Measu res Monitoring/ReportingAction

ResponsibleAg ency

Timing

B iological Resources

E10 -1: Beoost ing bats MM 810- 1: In order to avoid impacts to roosting Inspect project site and City Dept. of Prior to removal of

~nd migratory nesting bats, a tree survey shall be conducted 15 days prepare tree survey prior Development and trees on project siteirds prior to commencing with tree removal. Tree to tree removal. Resource

canopies and cavities slated for removal should be Managementexamined for evidence of bat roosting. All bat lDARMlDeJ3t. afsurveys should be conducted by a biologist with P~lll iG Warksknown experience surveying for bats. If no batsare found during the survey , structure demolitionand tree removal work shall be conducted within 1month of the survey . If a maternity colony is foundduring the surveys, no eviction/exclusion shall beallowed during the matern ity season (typicallybetween Apr il 15 and July 30), and impacts to thistree or structure shall be avoided until the younghave reached independence. If a non-reproductive group of bats are found within a roosttree, they shall be evicted by a qualified biologistand excluded from the roost site prior to workactivities dur ing the suitable time frame for bateviction/exclusion (February 20 to April 14, andJuly 30 to October 15).

E10-2: Nesting birds MM 810-2: If proposed construction activities are Inspect project site and DeJ3t. af P~Il IiG Prior to gradingto occur during the nesting bird season , which prepare ground survey WGrksCity DARM activities on projectextends from February 15 to August 31, a qualified prior to grading activ ities Dept. sitebiologist shall conduct a survey for ground- during nesting season.dwelling nest ing birds at least 3 days prior tograding activities. If active nests are observed,construction activity shall be prohibited within a100-foot buffer around the nest. In the presenceof a qualified biolog ist, it may be determ ined thatconstruction activities may continue; however, abiological monitor shall be present during theconstruction activities. In addition, any activity that

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may potentiall y cause a nest failure , includ ing soildisturbance, shall require a biological monitordurinq the construction activities.

810-3: City's tree MM 610-3: Prior to any tree removal activity, the Prepare and submit a Dept. of Public Prior to removal ofpreservation ordinances project applicant shall obtain a permit from the City landscaping plan to the Works trees on project site

of Fresno Public Works Department and submit a City for permit approval.Landscaping Plan for approval. The LandscapingPlan will specifically identify those trees beingremoved and all replacement trees; furthermore,ali replacement and landscaping trees shall befrom the City of Fresno's Master Tree List or asdetermined by the Director of Public Works.

Cultural Resources','e: ,-:'

( UL-1: Change in the MM CUL-1: If potentially significant cultural Inspect project site City Dellt. of Prior to constructions gnificance of a resources are encoun tered during subsurface before . Develollment and activities on projectt istorical resources as earthwork activit ies, all construction activities Resource site( ef ined in CEQA within a 100-foot radius of the find shall cease until Management( uideline §15064,5 a qualified archaeologist determines whether the (DARM)Qjjy

resource requires further study. The City of DARM Dept.Fresno shall require the project applicant toinclude a standard inadverten t discovery clause inevery construction contract to inform contracto rs ofthis requirement. Any previously undiscoveredresources found during construction shall beevaluated for significance in terms of CaliforniaEnvironmental Qual ity Act criteria by a qualifiedarchaeologist and recorded on appropriateCalifornia Department of Parks and Recreation(DPR) forms , if needed. Potentially significantcultural resources consist of but are not limited tostone , bone, glass, ceramic, wood, or shellartifacts; fossils; or features including hearths,structural remains , or historic dumpsites. If theresource is determined significant under CEQA,the qualified archaeologist shall prepare andimplement a research desiqn and archaeoloq ical

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data recovery plan that will capture thosecategories of data for which the site is significant.The archaeologist shall also conduct appropriatetechnical analyses, prepare a comprehensivereport , file it with the appropriate InformationCenter, and provide for the permanent curat ion ofthe recovered materials.

CUL-2: Change in the J-1. If the site of a proposed deve lopment or Review cons truction and City DARM Dept. Prior to constructionsignificance of an public works project is found to contain unique engineering activities at projectarchaeological resource archaeological or paleontological resources, and it speci fications . sitepursuant to CEQA can be demonstrated that the project will causeGuideline § 15064.5 damage to these resources , reasonable efforts

shall be made to permit any or all of the resourceto be scientifically removed , or it shall bepreserved in situ (left in an undisturbed state). Insitu preservation may include the following opt ionsor equivalent measures:

a. Amending construction plans to avoidthe resources;

b. Setting aside sites conta ining theseresources by deeding them intopermanent conservation easements;

c. Capping or covering these resourceswith a protective layer of soil beforebuilding on the sites;

d. Incorporating parks , green space, orother open space into the project to leavethese resources undisturbed and toprovide a protective cover over them ; and

e. Avoiding public disclosure of thelocation of these resources until or unless

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the site is adequately protected fromvandalism or theft.

J-2. An archaeological assessment shall beconducted for the project if prehistoric humanrelics are found that were not previously assessedduring the environmental assessment for theproject. The site shall be formally recorded , andarchaeologists' recommendations shall be madeto the City regarding further site investigation orsite avoidance/preservation measures.

MM CUL- 1: If potentia lly significant culturalresources are encountered during subsurfaceearthwork activities , all construction activitieswithin a 1DO-foot radius of the find shall cease untila qualified archaeologist determ ines whether theresource requires furthe r study. The City ofFresno shall require the project applicant toinclude a standard inadvertent discove ry clause inevery construction contract to inform contractors ofthis requirement. Any previously undiscoveredresources found during construction shall beevaluated for significance in terms of CaliforniaEnvironmental Quality Act criteria by a qualifiedarchaeologist and recorded on approp riateCalifornia Department of Parks and Recreat ion(DPR) forms. if needed. Potentially significa ntcultural resources consist of but are not limited tostone, bone, glass , ceramic, wood, or shellartifacts ; fossils; or features including hearths ,structural remains, or historic dumpsites. If theresource is determined significant under CEQA,the qual ified archaeologis t shall prepare andimplement a research design and archaeologicaldata recovery plan that will capture thosecateoories of data for which the site is sionificant.

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The archaeologist shall also conduct appropriatetechnical analyses, prepare a comprehensivereport , file it with the appropriate InformationCenter, and provide for the permanent curation ofthe recovered materials.

9~L-3: Impact on unique J-1. If the site of a proposed development or Review construction and City DARM Dept. Prior to construct ionpaleontol ogical resource public works project is found to contain unique engineering activi ties at projector s ite or unique archaeo logical or paleonto logical resources, and it specifications . sitegeolog ical feature. can be demonstrated that the project will cause

damage to these resources. reasonable effortsshall be made to permit any or all of the resourceto be scientifically removed , or it shall bepreserved in situ (left in an undisturbed state). Insitu preservation may include the following optionsor equivalent measures:

a. Amending construction plans to avoidthe resources ;

b. Setting aside sites containing theseresources by deeding them intopermane nt conservation easements;

c. Capping or covering these resourceswith a protective layer of soil beforebuilding on the sites;

d. Incorporating parks , green space, orother open space into the project to leavethese resources undisturbed and toprovide a protective cover over them; and

e. Avoiding public disclosure of thelocation of these resources until or unlessthe site is adequately protected fromvandalism or theft .

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MM CUL-2 : If animal or plant fossils areencountered during subsurface earthworkactivities, all work within 50 feet of the discoveryshall cease until a qualified paleontologist hasdetermined the significance of the find andprovides recommendations. Project personnelshall not collect or remove any paleontologicalmaterial. If the paleontological finds are found tobe significant, the area shall be avoided by projectactivities. The recommendations of thepaleontologist shall be incorporated intoconst ruction plans.

CUL-4: Disturbance of J-3. If there are suspected human remains, the Inspect project site. Fresno County During constructionhuman remains, Fresno County Coroner shall be contacted Coroner; Native activities

immediately. If the remains or other archaeological Americanmaterials are possibly of Native American in origin, Heritagethe Native American Heritage Commi ssion shall Commissionbe contacted immediately, and the CalifomiaArcheolog ical Inventory's Southern San JoaquinValley Information Center shall be contacted toobtain a referral list of recognized archaeologists.

MM CUL-3 : In the event of the accidenta ldiscovery or recognition of any human remains,CEQA Guidelines Section 15064.5, Health andSafety Code Section 7050.5, and PublicResources Code Sections 5097.94 and 5097.98must be followed. In this instance, once project-related earthmoving begins and if there isaccidental discovery or recognition of any humanrema ins, the follow ing steps shall be taken:

1. There shall be no further excavationor disturbance of the site or anynearbv area reasonablv susoected to

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overlie adjacent human remains untilthe Fresno County Coroner iscontacted to determ ine if the remainsare Native American and if aninvestigation of the cause of death isrequired. If the coroner determ inesthe remains to be Native American,the coroner shall contact the NativeAmerican Heritage Commission(NAHC) within 24 hours , and theNAHC shall identify the person orpersons it believes to be the "mostlikely descendant" (MLD) of thedeceased Native Amer ican. The MLDmay make recommendations to thelandowner or the person respons iblefor the excavation work, for means oftreating or disposing of, withappropriate dignity, the humanremains and any associated gravegoods as provided in PRC Section5097.98. The City of Fresno shallalso be notified of any discoveries ofhuman remains .

2. Where the following conditions occur,the landowner or his authorizedrepresentative shall rebury the NativeAmerican human remains andassociated grave goods withappropriate dignity either inaccordance with therecommendations of the most likelydescendant or on the project site in alocation not subject to furthersubsurface disturbance:

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• The NAHC is unable to identify a mostlikely descendent or the most likelydescendent failed to make arecommendation within 48 hours afterbeing notified by the commission.

• The descendant identified faiis tomake a recommendation.

• The landowner or his authorizedrepresentative rejects therecommendation of the descendant,and mediation by the NAHC fails toprovide measures acceptable to thelandowner.

Hydrol ogy and Water Quality

HYD 1: Water qua lity MM HYD-1: Applicant shall prepare a preliminary Preparation and City Dept. of Prior to constructionstandards or waste and final Storm Water Mitigation Plan (SWMP) submittal of Storm Water Public Utilities, activities at projectdischarge requirements . consistent with the City's Storm Water Ordinance. Mitigation Plan. Water Division site

The Pian shall include water quality managementsource control and treatment control measures tomitigate identified pollutants of concern. LowImpact Development (LID) strategies andhydromodification control Best ManagementPractices (BMPs) are recommended and may berequired by the Regional Water Quality Board.The plan shall be reviewed and approved by theCity of Fresno Department of Public Utilities,Water Division prior to issuance of gradingpermits.

MM HYD 2: Treatment Control Best ManagementPractices (BMPs): The treatment control deviceswill not be permitted in the public right-of-waywithout aooroval of the Citv of Fresno. The

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applicant/owner will be responsible for the costs ofconstruction or installation and maintenance ofany structural BMPs. Prior to the issuance of agrading permit, the applicant/owner's civil engineershall identify the appropriate source control andstructura l treatment BMPs to treat identifiedpollutants of concern, and design for and depict onthe precise grading plans the approved structuraltreatment best management practices (BMPs) androute all urban runoff and stormwater flows tothese structural BMPs prior to such waters exitingthe site and entering the City's storm drain system.The applicant shall propose a maintenancemechanism for maintenance of BMPs that arewithin the City's right-of-way, subject to cityacceptance and approval.

Noise

~OI-1: Increase in MM NOI-1: The Applicant shall implement the Inspection project site. City DARM Dept. During constructionambient noise levels. following measures during project-related activities

construc tion:

• Construction activit ies shall be limited tobetween 7 a.m. and 6 p.m., Mondaythrough Saturday, to avoid noise-sensitivehours of the day. Construction activitiesshall be prohibited on Sundays andholidays.

• Construction staging and heavyequipment maintenance activities shall beperformed a minimum distance of 300 feetfrom the nearest residence, unless safetyor technical feasibility takes precedence ,which will be determined by theConstruction Site Manager.

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• Construction equipment noise shall beminimized by muffling and shieldingintakes and exhaust on constructionequipment (in accordance with themanufacturer's specifications) and byshrouding or shielding impact tools.

• Construction contractors shall locate fixedconstruction equipment (such ascompressors and generators) andconstruction staging areas as far aspossible from nearby residences.

Utilities and Service Systems

1 U-1: Land fills MM PU-1: Prior to issuance of building permits, 1) Review of project 1) City DARM 1) Prior tothe project applicant shall provide the City of plans. Dept. constructionFresno with a demolition and construction activitiesrecycling statement indicating the location andmethodology to reduce construction waste and 2) Submittal of 2) During

Iseparate out those construction and demolition documentation to 2) City DARM constructionmaterials that will be recycled. Following the City. Dept. activitiescompletion of construction and demolitionactivities, the project applicant shall providedocumentation to the satisfaction of the City ofFresno (such as landfill receipts, donationreceipts, or photographed separations)demonstrating that construction and demolitiondebris was recycled .

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