Approval of Settlement Agreement for the El Paso Project (EIR No. 10141)

Approval of Settlement Agreement for the El Paso Project (EIR No. 10141)

On December 16, 2010, the City Council of the City Fresno ("City") certified Environmental Impact Report SCH#2008011003 ("EIR") for the El Paseo Master Plan Project ("Project") and approved the Project, including amendments to the 2025 General Plan (Plan Amendment No. A-08-11), the zoning maps (Rezone Application No. R-08-15) and the Development Agreement for Phase 1. In January, 2011, petitions for writs of mandate ("Petitions") were filed seeking to vacate all of the Project approvals. Subsequently, the parties approved a Settlement Agreement effective May 24, 2012. The Settlement Agreement addresses requirements including to i) accelerate timing and modifications of certain traffic improvements required for the El Paso Project, ii) deletes Mitigation Measure 13-13, which requires installation of two traffic circles on Palo Alto Avenue; iii) calls for the construction of a right turn lane at West Herndon and North Hayes Avenues, an asphalt path along North Hayes Avenue and a crosswalk at North Hayes and Palo Alto Avenue, subject to conditions; and iii) requires the City to initiate and consider applications for Phase 2 through 5 to return the General Plan planned land-use designations to those existing prior to approval of the Project and tor return zoning consistent with those designations within a defined period of time. The roadway improvements are intended to provide additional traffic calming measures further diminish neighborhood cut-through traffic on Palo Alto Avenue and enhance pedestrian safety. Prior to the approval of the Settlement Agreement, the City of Fresno prepared an Addendum to the certified EIR for the Project in compliance with Public Resources Code Section 21166 and 14 California Code of Regulations ("CEQA Guidelines") Sections 15162 and 15164. As required by those Sections, the Addendum discloses to the City as the lead agency the projected impacts of the traffic and circulation impacts of the roadway improvements required, or allowed, by the Settlement Agreement when compared to the impacts projected in the certified EIR for the El Paso Master Plan project. The Addendum to the El Paso EIR finds the accelerated timing schedule for installation and modifications of improvements to be installed as part of the Project do not cause (i) a new significant impact that was not examined in the certified EIR; and (ii) no previously examined significant impact will be substantially more severe.

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