Dutch Bros | P23-03865 & P23-03868 | 4940 E ASHLAN AVE, FRESNO, CA 93726

2024061180

City of Fresno

NOE - Notice of Exemption

6/27/2024

6/27/2024

Steven Martinez

City of Fresno

Planner

Lead/Public Agency

2600 Fresno Street
Fresno, CA 93721

(559) 621-8047

steven.martinez@fresno.gov

36°47'37.8"N 119°43'44.5"W

493-180-01

Categorical Exemption

Class 5 & Class 32

This project is exempt under Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines as follows: Under Section 15305/Class 5, the proposed project is exempt from CEQA requirements when the project consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The proposed project is on a site with an average slope of less than 20% and proposes minor alterations in land use limitations, specifically Fresno Municipal Code Sections 15-2728, 15-1103, and 15-1104. These include deviations to drive-through location and placement; proximity to another drive-through; and deviations from setback and frontage requirements. These alterations do not include or will result in changes to land use or density. Therefore, the project is categorically exempt pursuant to Section 15305/Class 5. Under Section 15332/Class 32, the proposed project is exempt from CEQA requirements when the project is characterized as in-fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed project is in accordance with the Commercial Community zone district, Commercial Community land use designation, the McLane Community Plan, and the Fresno General Plan. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located within city limits and the project site is ± 0.59 acres. The parcel is surrounded by other urban (residential, commercial, and public) uses. c) The project has no value as habitat for endangered, rare or threatened species. The surrounding area is developed and the project site has no value as habitat for endangered, rare, or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. ? The project will not result in any significant effects to traffic whereas the project did not exceed any thresholds which require a Traffic Impact Study to determine potential impacts. Furthermore, a VMT analysis concluded the project will have a net zero (0) increase in Regional VMT therefore having no impact. ? The project will not result in any significant effects to noise whereas the project will be in compliance with City of Fresno noise standards outline in Fresno Municipal Code Section 15-2506. ? The project will not result in any significant effects to air quality whereas the San Joaquin Valley Air Pollution Control District had no concerns on the project. Furthermore, the project falls within the thresholds listed on the SJVAPCD’s Small Project Analysis Levels (SPAL) document. In the interest of streamlining CEQA requirements, projects that fit the descriptions up to the project sizes indicated and are below both of the corresponding non-HHDT and HHDT trip lengths, are deemed to have a less than significant impact on air quality and as such are excluded from quantifying criteria pollutant emissions for CEQA purposes. ? The project will not result in any significant effects to water quality whereas the project will comply with all laws which dictate café operations and waste management. Additionally, the refuse enclosure will have a roof cover which will prevent precipitation from coming into contact with the waste. e) The site can be adequately served by all required utilities and public services. The proposed project has been reviewed by City Departments and Agencies with jurisdiction over the property. As conditioned, the proposed project will comply with all applicable requirements and will be adequately served by all required utilities and public services. Therefore, the project is categorically exempt pursuant to Section 15332/Class 32. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to the project. Furthermore, the proposed project is not expected to have a significant effect on the environment. A categorical exemption, as noted above, has been prepared for the project and the area is not environmentally sensitive.