Planning Commission - Regular Meeting

e okayy call the meeting of the Selma city of Selma Planning Commission to order January 27th 6PM and in the Selma city council chamber 1710 Tucker Street Selma California our teleconference phone number is 301 7158 592 webinar ID 888311804 9306 when on the phone if you wish to address the commission during the public comment portion of the agenda press star N9 to raise your hand and we will select you from the meeting queue press star six to unmute and mute yourself um our flag salute will be led by um commissioner Franco stand aliance to the flag of the United

States of America and to the Republic for which it stands one nation under God roll call uh commissioner Cory here commissioner Franco here commissioner Garcia here commissioner stanridge here uh for the record commissioner ker is unavailable tonight and chair Solace here a potential conflicts of interest any commissioner who has a potential conflict of interest may now identify the item and recuse themselves from discussing and voting on the matter oral Communications notice to the public at this time any member of the public May address the commission regarding any item over which the commission has jurisdiction no action or discussion will be taken on any item not on the agenda issues raised will be referred to the chairperson for review members of the public shall limit their remarks to three minutes does anyone have any oral communication at this time please state your name for the record and your address my name is Gary Ford 1325 floral Salma first off I think it's misleading for me just to get this today that this meeting is January I just received this a few hours ago in the mail it doesn't give me a lot of time to Rally my neighbors around okay um you are referring to an item that is on the agenda so this say Amberwood yes this oral communication is for anything that's not currently on the agenda so that item will be coming up and you'll be a given the opportunity to speak at that time well I mean I came in three months ago and they said this was a done deal with the envirment so I

don't okay does anyone have any oral communication on anything that's not currently on the agenda okay first item is is our consent calendar all items listed under consent calendar are considered routine the complete consent calendar will be enacted by one motion by roll call vote for purposes of discussion any commission member may have an item removed from the consent calendar and made part of the regular agenda the commission can then approve the remainder of the consent calendar the one item on consent calendar is the consideration and necessary action on the minutes of the December 9th 2024 meeting do we have any discussion or a motion I'll make a motion to approve the minutes as presented a second roll call commissioner Franco yes commissioner Garcia yes commissioner Cory yes commissioner stanridge yes chair Solace yes approve the next item is a public hearing during the public hearing I will first ask for staff's comments and reports on the item being discussed after staff's presentation I will then open the hearing to public testimony I will then close the public hearing at which time no member of the public shall address the commission unless specifically asked by a member of the commission through the chair the Planning Commission will then discuss the matter among themselves and take action on the item being considered the item is devel is the development agreement and eir addendum for the Amberwood specific plan and tract 6244 and this the item is to recommend approval and certification to the city

council of a development agreement and environmental impact report addendum respectively for the Amberwood specific plan in track 6244 the development agreement includes consideration related to building permits fees infrastructure construction financing of Municipal services and future entitlements to facilitate the ongoing development of the Amberwood specific plan an eir addendum has been prepared in compliance with provisions of the California Environmental Quality act squa to address inconsistencies in some medication measures related to the project the eir addendum applies with the California Environmental Quality act squa as outlined in squa guidelines section 15164 15162 and 15163 staff report commission happy New Year happy New Year first meeting of the year uh it's good to see everybody in 2025 uh before you tonight is a proposal the the project would be a development agreement um along with uh certification of an e addendum as a recommendation to the city council where that item would be presented to the city council um as you know the tentative Subdivision map and annexation for the first phase of the Amberwood project was originally approved in 2021 since then there's been a couple of other items that have been approved by the city since then mainly your zoning code update which added Provisions for a development agreement coming before the Planning Commission before it goes to the city council which is why we're here tonight in addition a development agreement can be proposed at any time by a developer at the time that the tentative map was considered by both the Planning Commission and the city council a development agreement was not

part of that application um so with that um kind of giving an overview of what a development agreement is it is exactly that it's an agreement between the city and the developer to provide for um clarification of um the development project maybe phasing um it provides details of how the infrastructure will be installed maybe how credit is distributed back to the city or or the developer uh for those specific Improvement such as a park storm drain Basin or some other facility that becomes dedicated as part of the project um it helps ensure that the project goes you know as planned um it provides some stability and some certainty for the developer in terms of identifying maybe fees uh that will be paid I think under some provisions of vesting tentative map law and the City attorney can correct me if I'm wrong some fees are frozen and you can't add new fees anyway the development agreement simply restates something that they're already allowed to do to some extent as well as dictating how long those fees are in uh effect for uh which is typically the term of the agreement um staff has included Provisions to potentially reopen fees as part of this agreement if certain Provisions are met development doesn't occur in a certain fashion or as timely as maybe staff would like um some of the community enhancements that are identified as part of the development agreement include a dual Basin Park which took some negotiation with the developer in terms of design and location of that facility along Floral Avenue in addition it talks about um public Street maintenance which was the whole one of the primary reasons for doing an e addendum because when the project was originally analyzed uh it discussed uh private streets being

maintained by a homeowners association since then the project has evolved and it could be private streets but it gave no provision for public streets and so the E addendum uh one of the major items reviewed as part of that is if Lo if local streets are dedicated as public streets what would that look like and we've talked about this as part of development projects that public streets would generally become part of a community facilities district and paid for by the development for maintenance and ongoing repair right and so the development agreement identifies a lot of those type of provisions and provides specific detail that both the city as well as the developer can rely upon doing sure that the development's done in a you know comprehensive manner are taking into account specific points to ensure that the city understands and the developer understands kind of the Rules of Engagement for the project otherwise they would be subject to zoning code updates General plan updates fee updates development standard updates which from a developer point of view uncertainty makes the project considerably more difficult to finance and complete and so from our standpoint like we said this development agreement solidifies the city's commitment to the project as well as the developers commitment to the city that of how the project will be done it is not proposing any density changes it is not proposing any policy changes to the specific plan it is not proposing anything of the like what it is proposing is strictly identifying details of how the project will be developed timing reimbursements credits how those are divied up how those are calculated at ated and how the project would go forward um not say beyond the first beyond the first phase for future

phases as well so um we feel that the development agreement includes um a lot of good Provisions for us ensuring that the park is done before the subdivision is done um I've seen subdivisions where they're completed and it's a dirt lot and so you have people staring at a dirt lot for another six to eight months after the Project's done if a developer leaves town that could be a real problem for the neighborhood to find someone to complete that Improvement at least with this first phase we have ensured as part of the development agreement that before they can pull a certificate of occupancy for the 100th unit that Park needs to be done uh again other facilities like the Dual use Basin we've ensured that it has permanent park space as part of it it has park space that would be available through a large part of the year as playfields unless you have a significant rainf and then it would be used uh for flood control right part of that negotiation also the city worked with the developer and the property owner to align that with the linear Park so that it's along the linear Park previously it was away from the linear Park and in figures it had been shown away from the linear Park this creates a trail Network that connects parks and further connects Parks as part of the development of the project um and so like I said it's a give and take we feel from the city standpoint that this helps to ensure that the Project's built in a sound constructive and timely manner while ensuring public infrastructure is financed at an appropriate level to ensure that it the project basically supports itself um as well as the timing of amenities and and other things so um with that staff's available for questions um I just like to add that the E addendum is a um item that is required

by squa when you make some changes like this you have to disclose if there's any new or additional impacts as part of the project the changing from private to local streets item along with the development agreement do not create any new impacts that were not previously analyzed so um I guess one other item uh with regard to public notice this this hearing was mailed out well in advance of the 10day requirement in addition it was published in the paper while in advance of the 10day requirement the notice that may have been received may have been for the city council meeting for February 3D and so that may be the notice and so Property Owners would have received two notices but for this hearing specifically we can absolutely guarantee that it was well in excess of the brown act requirements of 10 days thank you this is a public hear ing at this time I will open the public hearing to the to anyone who would like to come forward and give an opinion um you can come up to the microphone please state your name and address name is Gary Ford 1325 floral uh my issue always never to stop this plan I knew we were never going to stop this plan my issue has always been the roads there we're we're not paying attention to the streets enough on this you're looking at I don't know how many maybe 600 more cars they're going to be driven down floral floral is a bottleneck now I can't even get out of my driveway at 8:00 in the morning okay you have fire department going down this road you have ambulance you have funeral route you have three schools in the area how do you going to address movement of all the you know floral and people argue

with me Floral is the only through street we have in Selma it's the only Street you can come in from other areas and go to the freeway none of the other streets you can go to the freeway so you need to make another access exit route from this development you have to go to Del re Street you have to open up docky and let it go through to orange or something because you're never going to move this much traffic on that just on floral and as far as environmental thing I came in three months ago they said everything was a done deal that and I've talked about this impact study for a long time I asked them when they did the groundbreaking over here do you have an impact report on this road and they said yes it's a good road and I said that's not what I'm talking about the impact study is the amount of traffic that's going to be coming down this road if any of you would ever go over here at 8:00 in the morning and see that the traffic is backed up all the way from Orange to do that people are going around them and running the stop sign it's a mess uh I know I heard you plan on putting a signal light at the corner of doin floral I don't know if that's still on the agenda but it's the same situation over here on mall and and dauba that signal has been planned for years the widening of uh dauba has been planned for 20 years where where is that so let's fix the roads in this town let's open them up so people can move traffic so we maybe can get more business in this town that we need I'm done thank you question for staff um can we may I answer or can someone answer Mr Ford's concerns because we do have solution for the roads and floral is not going to be the only road to access this

development um as far as widening dauba Avenue development continue along dauba Avenue it will be widened the light on floral and doery will go through as development starts or I'm not sure at what point so maybe staff can chime in on that so right I I think Mr Ford does and I I've talking to M I've spoken to talking that's not even English um I've spoken to Mr Ford previously and um I I'd like to make it clear there was an you know the E for this project was certified in 2015 an e addendum is basically a supplemental document that is attached to that originally certified document so really what this is is it's additional information that supplements all the environmental review that um with regard to his concerns about roads that's usually the concern we get on most projects I think every project we've had that's been the biggest issue is circulation and traffic uh specifically um and I I wrote down each thing he talked about so I I'll go through each one you know Floral Avenue does have mitigation measures one of them is a traffic signal at floral and Dockery and as part of the E it was evaluated appropriately and that is an appropriate mitigation measure so in terms of phasing traffic studies will be done to determine when that light goes in um in ter but it is a requirement of the project um some of his other items you know Del Ray needs to go through that will happen as the project is built out um currently Amber and the Del re alignment are shown on the specific plan for the project um with regard to Dockery going through to Orange if Planning Commission recalls I think there was some negotiation with the homeowners on Dockery um and it was eventually approved as an amendment to the originally approved tentative map

that Dockery would be cold Tock at the entry to this project as to not inversely impact residents on Dockery and so that was a specific Amendment and accommodation made for by the developer to the existing and adjacent residents to mitigate perceived traffic impacts right um some of the other items the mall um as the mall widening or daub widening as um you know commissioner Corey stated as development occurs that would be built out at the appropriate General plan uh circulation element standard which is arterial 84t wide four lane road I think there's some issues um with dauba being built out in the county or inconsistent with that that we would have to navigate maybe some parts won't have a firm bike lane but the plan has always been for dauba I think to be a four lane roadway carrying people from Golden State all the way to Del re as part of this project right uh the mall dauba intersection and and street light Improvement um that's a little bit different in terms of that's a city project not a developer related project and when you have certain funding associated with a project it can significantly lengthen the timeline as you have to go through and get incremental authorization to spend money on an improvement the mall dauba uh uh intersection signal Improvement project is a federally funded project through cand and so every step that we go through we have to get authorization to spend money and they only have certain meetings at certain times a year to approve our authorizations so it significantly lengthens our ability to obtain funding and move on to the next step right now we're at RightWay acquisition we just got that approved by uh Cog and and calr

and so we're moving through getting appraisals for the Improvement of that project and we'll be reaching out to Property Owners but that's what happens when you deal with a federal agency and federal funding right so um that being said you know I think Mr Ford makes valid comments on traffic and we take those seriously as the development occurs it's on both the North and South Side of floral which will end up improving and widening floral to a four-lane uh roadway similar to uh Rose Avenue but you would have other amenities that are required as part of the specific plan Landscaping wider sidewalks bike Lanes as part of this segment of floral right and so um we appreciate his comments but as we've stated you know the mitigation measures are there for a reason and we intend to enforce them and I think the developer wants them too because it makes them project better I know one of Mr Ford's concerns was the amount of traffic that the the tract would generate but they're not building all the houses all at once they will be in phases so as that's what he's explaining as each phase gets built out if something else needs to be done the road needs to be widened at that point yes sir do we know how many homes will be7 297 will be in the first phase and and um I I think the the issue is really trips versus cars I think the number of trips generated would be uh you know probably more than 600 but in terms of from a traffic capacity standpoint is really what we look at and the level of service as well as the amount of trips or the distance that they travel is really what's been evaluated right and that's why certain intersections are

required to have street lights some are required to only have stop sign or nothing's required at all we we clearly understand the concerns at specific intersections I know do and floral has been an intersection section that specifically with this project is a problem School creates traffic issues residents use it as a shortcut along Dockery to get to the southern part of town we know it's an issue part of the mitigation is putting in a traffic light which is the highest form of mitigation you can put at an intersection so that type of improvement is included as part of this project when I say the project the specific plan is the project right there will be incremental development of the project and at each phase we will conduct a traffic impact study to determine the appropriate mitigation measures to be implemented that have already been identified as part of the project so that being said there may be incremental improvements but eventually there will be the mitigation measures identified within the um original certified eir that will need to be constructed in accordance with those mitigations I have a question you said the original eir was compiled and approved in 2015 and then you mentioned the year 2021 was that a another addendum or okay so the 2021 was a kind of a fine-tuning of the 2015 agreement the the 2021 e addendum was specific to the lot sizes where they had access and things like that and you know commissioner is correct it was an e addendum that basically concluded there were no new impacts as part of that project because it was generally consistent with the 2015 e that already identified specif if anything it just further solidifies the findings from the

2015 certified e that these are significant impacts that they still need to be mitigated and nothing has changed since then so the one the 2025 one the one that we're discussing today is is would it be safe to say that that also is another fine-tuning of the previous two and um and it states in the paperwork that there again is no other significant impacts there are no new significant impacts that were not previously identified in the prior environmental e in the prior e thank you our public hearing is still open so if anyone wants to approach the podium please good evening Commissioners my name is AR killer with the ring group my business address is 389 Clovis Avenue suet 200 I'm here on behalf of uh lenar holes of Fresno uh worked on this project for a long time and we're excited to see it enter this next phase and uh we appreciate the city staff's time and effort working with our team to go through this development agreement which really provides a road map uh on how to move the project forward and so we appreciate uh everyone's time and attention on that and all the hard work that's gone into getting us to this point we're here to answer any questions we've got some members from lenar Holes here as well um and if there are any specific questions that you guys have we'd be happy to answer them but we appreciate your time and we appreciate staff's help in bringing this uh to to you for this decision tonight thank you anyone else want to speak hi I'm Alejandra I live on 2861 doy uh so I live on the corner of doy in Floral and um he mentioned uh about widening floral is that something that

would affect um my property and if so uh how far into it would it affect it which corner is it the uh South South South Corner okay it's Southwest florid did you have any other concerns okay anyone else my name is Annabelle Sanchez I live at 2771 Docker Avenue um I would like to know what communication has happened between the development and the district seeing as it chair in the district and traffic already in the mornings is very difficult they're getting to Wilson Elementary School which is right on the corner of where the construction will be I would like to know what will happen to mitigate that um and I would like to learn more about um what you spoke about as far as the adjustments on doer Avenue that you mentioned earlier sir anyone else okay at this time I will close the public hearing and bring it back to staff and to the commission you have anything to add I mean I can't speak for the developer and what communication the developer specifically had with the school district I can tell you that the city communicates these type of projects to the school district to let them know that they're coming I think the project when it was being processed included at least uh one school I think it was an

elementary school as part of the development and that wouldn't happen without communication of where it needs to be sizing a campus you know acreage needed those type of things without consultation with the school district and so um in addition like I said staff meets with um uh School District staff uh rather regularly to inform them of projects coming through so that they're aware um in terms of the uh traffic mitigation the considerations were made as part of the traffic analysis at the time the project was analyzed and um you know traffic at that time likely was similar I don't think that there's been any significant growth out in that area this has been an ongoing issue um out on Dockery and floral for some time so this is not a new problem and again as part of the project any sort of intersection Improvement the highest level of improvement you can make is a traffic signal at that location and so part of the mitigation too if you think about it may be an additional school going to a different location they may have to direct students to another location which would mitigate this intersection as well as well as school traffic so you know um in in a simple answer yes the city communicates with the school district we can't necessarily speak for the developer speaking to the school district because that's A Private Matter between them and and the school district if there's any other negotiations that they're making between them as as two parties right uh from our standpoint the traffic it was analyzed as part of the environmental impact report and mitigate accordingly oh if um they do put a signal in or when they do put a signal in how much property is taken that's a different question in terms of design I think we try to mitigate taking people's property if we

don't have to um and so the engineering design would look at minimizing cost first and foremost as long as we can meet the traffic needs of the area if we can fit four lanes without taking uh the gentleman's property we will um unfortunately that doesn't always occur as I stated at dauba and Macau we're having to go through the appraisal process and identify right away to be acquired from the adjacent Property Owners so as part of the design of that traffic signal he would be notified as to how much right now I can't give an amount what I can tell you is um it looks like the road or the shoulder is generally I actually I couldn't tell you without a survey or some sort of map to tell you how much currently exists in right away and how much it needs to be expanded expanded uh Floral Avenue is supposed to be again 84 ft wide minimum for an arterial roadway and so we would have to see where the center line is out in that location uh to determine if an additional 42 is feet is currently uh acquired for City purposes out in that area so um that being said uh we can be in contact with the property owner once we have preliminary plans he would be notified as part of the acquisition process for that um in terms of just identifying what type of impacts this property may have at that time if I may add to answer your question sir um the city as um Mr Keane said does its best not to ruin your property that's not their goal and if they do have to purchase certain amount of footage from like Frontage from your property they will have to contact you let you know what is the design and how many feet

they need how many square feet they also would have to purchase it at fair market value so they would need an appraisal for what how much that land is worth or some sort of evaluation and they will be in communication with you it doesn't just happen overnight and they don't take your property without communicating to you directly and that's part of the plan yeah I mean and for the record the public hearing is closed but I'll answer the question um anytime you have ancillary facilities that are impacted by an improvement um we if that open air ditch is owned by C we're going to have to call C and say hey can you review a set of plans to underground the canal it is a very typical process that we go through we actually have a Cooperative agreement with them that on specific projects such as this that the facilities will be undergrounded that cost would be borne by the developer to put in that Improvement so again public hearings closed but I'll answer the question uh the city doesn't really own any open air ditches if it's an irrigation ditch is either private to the property owner or it belongs to Consolidated Irrigation District more than likely any comment from Commission Now or questions questions or comments from commission for staff I have a couple questions of course um it states in here that a

biological survey needs to be conducted for burrowing owls and so on a few other things has that been completed yet so that's a what we refer to as a preconstruction survey and there's specific timing when you have to do those things typically it's 30 days before you go out and excavate that you have to provide a copy of that study before we'll authorize or issue your grading permit so that would be submitted as part of the site improvements uh with the project and they would provide that to staff for review to determine if any not only growing out but any specially listed species are located on the property correct prior to breaking ground not how far away are we from breaking ground once this is passed um I can't speak for the developer in their time frame um I can tell you uh staff has reviewed multiple sets of improvement plans and staff is at a point where um at risk grading like the grades aren't going to really change um it's more notations and and getting details out of the way of uh what the plans look like and maybe negotiating with cowat or SKF and so from the standpoint of Staff we've reviewed a couple of sets of uh Improvement plans and at risk rating would be uh able to be authorized but again we could authorize it and say you could go do it it's a private developer issue of when they close on the property when they have financing and when they're ready to go do that type of activity so um I think for all intensive purposes I think this is part of you know maybe their proverbial checkbox having this type of paperwork out of the way before they get final authorization from their financiers on on you know shovel in the ground or I would guess it'd be more like bulldozer how far are we from the completion of the Amberwood trunk

line February is okay will be done and then close out in March like paperwork punch list and then uh notice of track of first quarter absolutely weather permitting yes it's been a dry year so it says that a uh fire and police substation would need to be included in this development when would that take place and who provides that um if I recall I think the specific plan calls for dedication of a community facility more in the central part of the project near the packing house which is where all those Community facilities I think would be dedicated and so it would be land dedicated by the property owner and then developed either through impact fee credits or uh in concert with the developer I think on a future development agreement basis where maybe they build it and then we take ownership of it as part of the project and they receive credit or some sort of reimbursement through impact pce the school and the fire department are think for the whole Amberwood project right but they they don't get triggered as soon as lonard breaks ground so that's way it would come later down the road as more development uh um and on the the interior streets which are going to be made public and not private so that they're not taken care of by the homeowners correction it they could still be private streets they could be private or public streets the correction made in the E addendum allows for public or private if if chosen by the developer because they may want to do a gated a gated subdivision which in that case it would be private streets and then those would be maintained by a Homeowners Association of that specific project I

see and so where we sit um it could be public or private I think in any case uh the roads would be maintained um either through an assessment to the city through a community facilities District or maintained by a homeowners association through their dues to the homeowners association and when those streets are first put in that is the developers responsibility a minute okay it says the city shall encourage the developer to actively farm land within the project site until phasing and housing market conditions determine that the agricultural land should be converted to Urban use so it's going to be sectioned sectioned off and part of it will be housing and then there's still going to be grape Vines I I believe whatever agricultural activity the property owner feels is financially viable he will continue I think the purpose of that discussion and mitigation is is a product of the conversion of Farmland right that is considered a significant impact under squa and so you want to essentially delay the conversion of Farmland as long as possible the E still concluded that it was a significant unavoidable impact as part of the development however to encourage them to continue farming as

long as possible so that it's not immediately converted I think was the intent of that section and there was originally planned an on-site wastewater treatment plant and that apparently uh is no longer absolutely not I think I think again this project has evolved over time and there were options provided with the city making the investment in the Amberwood sewer trunk line there would be no need for a wastewater treatment plant in addition um these folks are within the sphere of influence of the SKF uh Sanitation District so they should have been going to SKF the whole time and so any details like that I think were more clean up as part of this addendum to further clarify or refine as commissioner Garcia said um the the eventual development as it as it is proposed and then I did read about the water impact when this is done and uh the community will be restricted to very strict water uh usage yes I don't know if that was a question I mean I think as part of I think as part of any project when there's more stringent requirements if everybody recalls I think it was 2014 there was executive over from Governor Brown for more restrictive watering practices for almost every agency in the state and so what year was this certified this was certified in 20 5 so it was right in the midst of those type of requirements now if requirements have changed obviously watering practices will change however one of the holdovers of that time is the model uh water efficiency landscape requirements

of the state which they have to show planting patterns water usage and it has to meet certain criteria dictated by the state if you if you notice certain people certain developments have limitations on how much Turf they can put in uh most strips have to be a certain width um certain types of sprinklers must be used you have to use drip irrigation you have to use a lot of differing irrigation practices than maybe prior to 2014 specifically related to those to that drought you know time frame so um a lot of those are baked into the building code and a lot of our typical code requirements now and so um you know for the commissioner um I guess I answered I guess what wasn't a question more or less but I mean if if if that's the picis yes I appreciate that the street light that you were talking about at Dockery um there and floral when exactly is that supposed to happen I mean at at as soon as those 200 homes are built or after phase two three and four are going on and it didn't specifically say anything about that it just says it'll be evaluated but it seems like with all the complaints and everybody knows the problems that are on that street there should be something maybe a little bit more definite or defined mind about when that should take place uh in the first phase not the second third and fourth and then also on

Orange Avenue that is a gigantic issue I my parents live right near there and I go through there all the time in the mornings when there is huge lines it's very dangerous kids are coming out of school they're walking across the street cars are trying to they're dodging cars actually and that seems way overdue for a traffic light and I think that um we had talked um previously that the traffic light would be put in first at Dockery and floral versus orange and floral and I read in here that the developer is responsible for um a port of their responsibility to your point the term is fair share fair share that's correct yes and the issue with fair share is the project doesn't have 100% of the impact or the traffic generated at that intersection they're responsible and this is a requirement of the develop or the um impact fee act that developers are required to pay their fair share contribution towards improvements and so you do traffic studies to identify what percentage a project has towards a specific Improvement and in some cases they may have enough to basically make it worth their while to just build it right as part of this project each phase is required to do some sort of traffic analysis to determine if and when those improvements are required I can tell you that it is likely that the first phase will not necessitate based off of the traffic information provided the tra the traffic light at floral and Dockery I will verify that and get back to the commission but I can pretty much

guarantee that that is not the case we do we have been in discussions about future phasing and at that time the traffic study would come to the Planning Commission and you guys could review it and make a similar claim in addition you guys could actually you know discuss and negotiate with the developer if we would prefer that this go in earlier now they may not be obligated to do it but you can obviously ask everything we do is based off of technical research and professionals and experts in those field as required by squa Under the impact in the it's the mitigation fee act not the impact fee act yeah my bad um again we can only obligate a developer to pay their fair share towards an improvement again mechanisms like development agreements and things like that can be used to identify credits available reimbursements and maybe negotiate when those improvements go in but it's typically uh identified as part of those uh traffic impact studies do we have any idea about the undergrounding of the canal when that might at what phase that might happen uh at oh orange and floral flal yeah Orange it's a four-way stop right now you're talking about the full undergrounding of it north of the intersection and south of the intersection okay I meant to get to the rest of your question regarding traffic and I will cover this as well um staff is aware of the traffic concerns along Orange Avenue which don't necessarily pertain to this project it's a general concern right I think there when you look at Orange Avenue there's a part of Orange Avenue that actually expands to two lane which invites higher speeds which I find very odd and so staff has identified some of the inter sections in or around the

school as part of our uh tactical urbanism Grant project to put in temporary improvements to possibly study a road diet or some sort of restriping in that location to try and get speed bike Lanes something to uh try and get motorists speeds down at that location in addition uh it is a long stretch without some stopping in some location that might be another option um as far as the Canal the canal is identified in the city's active Transportation plan as a trail for which we have applied for funding through various agencies to uh basically extend that trail if commission uh recalls I think there's been discussion on the south side of town along the canal that we do have an active Grant project where we're working on design and undergrounding the um consolidate Irrigation District Canal uh that will connect to Thompson Park in the some South part of town that's great um but we have also applied for other grants um specifically most recently the southside of floral and orange um to uh Fresno Cog which has not officially been awarded yet and so um we are actively pursuing funding opportunities to implement our plans um to that effect developers may receive credit and I know the developers are listening for putting in such improvements as part of their project that they are directly Jason are creating an impact to it because it is in our active Transportation plan and it is identified in our impact fee program as projects that are creditable or refundable if installed so staff is firmly aware I think of infrastructure deficiencies and not just this part of town but throughout the City generally and we will Leverage The you know resources available to us work with developers to try and get those items that have been identified in our various

plans active Transportation plan the general plan in terms of building out roadways uh the parks master plan those type of plans provide guidance to staff to help uh work with developers uh gather Financial Resources to implement those plans for residents so staff is firmly aware of those deficiencies and we're working towards resolving excellent anyone else right I will make a motion to recommend approval and certification to the council um for a development agreement and E addendum for the emberwood project second roll call commissioner Cory yes Garcia yes commissioner Franco yes commissioner stanrich yes and chair sis yes and approve approved do we have anything else that needs to be brought to commission part from Kamar being back um no I don't um I I don't know if we currently have any items scheduled for February at a minimum maybe what we'll do is we'll do oh correction um if Council recalls um the housing element and various rezones and other items came before for you guys um late last year um since then we've been working with hcd um and um president cogs identify consultant placeworks uh through the multi-jurisdictional housing uh process and there's some zoning code text amendments that hcd recommended in addition to what we've already done

they're relatively minor but it's a clarification that land identified in the in the um in the the priority housing inventory list that was in the prior cycle as well as the current cycle if I recall be developed at a minimum of 20 units an acre as well or or or with 20% of affordable uh as defined by the state so um I personally I don't think it's needed but hcd is asking us to do it and if we want it to get certified we probably need to do it so um that being said our R4 Zone which um was the recommended zone for any of the properties listed on the inventory list the minimum density is 20 units an acre um along with the general plan which is 20 units an acre and so we tried to convince them that this type of notation in the zoning Matrix is not necessarily needed they still want it and so it is what it is at this point that every property within the four Zone within the r the HDR designation of the general plan for all intents of purposes would be developed at 20 units an acre anyway and so this notation is really just a further clarification of what developers are already required to do and that is a huge difference um and this is this is coming from the state we have no control over this correct okay nothing else make a motion to adjourn make a motion motion to adjourn I move to adjourn I did