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Agreement No.18-237
18-0411
Recording Requested for the
Benefit of the County of Fresno,
Department of Public Works
And Planning
When Recorded Return To:
Department of Public Works
And Planning
Development Services
Division Stop 214
Attn: Development Engineering
AGREEMENT FOR
REIMBURSEMENT OF COSTS ASSOCIATED WITH
MITIGATION MONITORING PROGRAM
THIS AGREEMENT, made and entered into this\* day of ':CY\~ 2018, by
\
and between the COUNTY OF FRESNO, a political subdivision of the State of California
(hereinafter "COUNTY"), and JPJ, INCORPORATED, a California Corporation hereinafter
referred to as "OWNER" (7030 N. Fruit Avenue, Suite 101, Fresno, CA 93711). The
COUNTY and the OWNER are each a "Party" to this Agreement, and collectively are "Parties"
to this Agreement.
RECITALS
WHEREAS, OWNER is the sole owner of all of that real property located in the County
of Fresno, State of California, located within the Millerton Specific Plan area south of Millerton
Road between the Brighton Crest Subdivision and the Friant-Kern Canal, approximately two
and one-half (2-1/2) miles east of the unincorporated community of Friant and more
particularly described as shown on Attachment "A"; and,
WHEREAS, OWNER submitted Classified Conditional Use Permit Application No.
2956; Vesting Tentative Subdivision Map Application No. 4968; and Site Plan Review
Application No. 7082 requesting to allow a planned residential development consisting of 106
single-family homesites with a minimum lot size of 9,000 square feet on a 49-acre portion of
an 83-acre parcel of land in the R-1-C(c) (Single-Family Residential, 9,000 square-foot
1 minimum parcel size, Conditional), R-1 (c) and O(c) (Open Conservation, Conditional) Districts; 2 and, 3 WHEREAS, an Environmental Impact Report ("EIR") was prepared for the Millerton 4 Specific Plan and the EIR identified significant and potentially significant adverse impacts that 5 were reduced to a level of less than significant with Mitigation Measures that were included in 6 the Millerton Specific Plan Mitigation Measures and Monitoring Program Matrix herein after 7 referred to Mitigation and Monitoring Program shown in Attachment "B" and the Board of 8 Supervisors adopted the Findings and a Statement of Overriding Considerations and certified 9 the EIR on November 29, 1994; and, 1 0 WHEREAS, on February 3, 2000, the Fresno County Planning Commission adopted 11 Findings that none of the Conditions described in Section 15162 of the California 12 Environmental Quality Act (CEQA) Guidelines calling for preparation of a subsequent EIR had 13 occurred therefore, EIR No. SCH 84051409 as amended by the Addendum incorporating tfie 14 studies that were prepared subsequent to the adoption of the EIR was determined to be 15 adequate for Classified Conditional Use Permit Application No. 2956; Vesting Tentative 16 Subdivision Map Application No. 4968; and Site Plan Review Application No. 7082 and 17 approved the applicati.ons for the proposed development with Conditions as recommended by 18 staff with modifications; and, 19 WHEREAS, Condition No. 5 of Classified Conditional Use Permit No. 2956 requires 20 compliance with all EIR Mitigation Measures contained in the Mitigation and Monitoring 21 Program approved with the project; and, 22 WHEREAS, Condition No. 5 also requires OWNER to enter into an agreement with the 23 COUNTY for the purpose of reimbursing the COUNTY for all costs incurred by the COUNTY in 24 complying with the Mitigation and Monitoring requirements, to include but not be limited to staff 25 and consultation services. 26 27 NOW, THEREFORE, in consideration of the mutual acknowledgments, covenants, and 28 conditions herein contained, it is agreed as follows: 2
1 I. DUTIES OF THE OWNER 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. OWNER shall pay to COUNTY'S Department of Public Works and Planning the actual costs incurred by COUNTY or it's consultant (Consultant) in performing all other work in connection with the required monitoring for compliance with the Mitigation and Monitoring Program, including departmental cost, COUNTY overhead costs and the cost to retain an independent consultant. Upon execution of this Agreement. OWNER shall immediately deposit with COUNTY the sum of Five Thousand Dollars ($5,000.00) which is the estimated deposit for the COUNTY's efforts to retain an independent outside consultant to conduct the required monitoring for compliance with the approved Mitigation and Monitoring Program including peer review of the Wetland and Open Space Mitigation and Management Plan prepared by the OWNER'S appropriately certified/licensed consultant. 8. Within ten (10) days of written notice from COUNTY, OWNER shall deposit Twenty Five Thousand Dollars ($25,000.00) in additional funds for reimbursement of services provided by COUNTY or Consultant for the tasks necessary to accomplish the required monitoring of compliance with the Mitigation and Monitoring Program and associated peer review as stated in the preceding Section above (Section I.A). If funds are needed in addition to the $25,000.00, OWNER agrees to provide, within ten (10) days written notice from COUNTY, additional funds in increments of $5,000.00 as required by COUNTY. II. DUTIES OF THE COUNTY A. COUNTY shall solicit and retain an independent consultant to perform the necessary monitoring of the Mitigation Measures contained in said Mitigation Monitoring Program. B. COUNTY shall keep accurate records of its actual costs including cost associated with consultant services incurred while reviewing plans, issuing permits, conducting inspections, and any other work performed in connection with monitoring said Mitigation Monitoring Program. COUNTY shall provide OWNER an accounting of time and expenses attributable to this Agreement upon request. C. From time to time, upon a determination by the Director of Public Works and 3
1 Planning, or his/her designee, (hereafter "Director"} that the funding provided by OWNER 2 pursuant to Section l is insufficient to reimburse Consultant} or the COUNTY, as applicable, for 3 services to be rendered, the Director may issue an invoice or invoices for the amount of 4 funding the Director determines to be reasonably necessary to compensate the consultant or 5 the COUNTY for services to be rendered. OWNER shall remit payment to COUNTY for each 6 such invoice within fifteen ( 15} days of receipt. There shall be no limit to the number of 7 invoices the COUNTY may issue to OWNER and that the OWNER shall be obligated to pay, 8 nor any limit on the total amount the OWNER shall be required to pay the COUNTY. 9 In the event OWNER fails to make any payment of deposit requested by COUNTY, 1 O COUNTY may refuse issuance of permits on undeveloped lots within Tract No. 4968. The 11 Parties acknowledge that the actual cost of performance under this Agreement may exceed 12 the estimate of Thirty Thousand Dollars ($30,000.00). If, however, the cost incurred is less 13 than Thirty Thousand Dollars ($30,000.00), COUNTY shall refund such excess funds to 14 OWNER after completion of the Mitigation Monitoring Program. 15 C. Independent Contractor -It is understood that Consultant shall be an 16 independent contractor of the COUNTY. The OWNER agrees to permit Consultant to enter 17 upon its property in compliance with applicable safety regulations to perform all work 18 thereon, as Consultant deems necessary to complete the Mitigation Monitoring required for 19 the project. It is agreed that the OWNER at no time will interfere with Consultant in the 20 performance of such work or attempt to influence such Consultant during the course of this 21 Monitoring report. 22 Ill. HOLD HARMLESS 23 The OWNER agrees to indemnify, save, hold harmless, and at COUNTY'S request, 24 defend the COUNTY, its officers, agents, and employees from any and all costs and 25 expenses (including without limitation costs and fees of litigation), damages, liabilities, 26 claims, and losses occurring or resulting to COUNTY in connection with the performance, or 27 failure to perform, by OWNER, its officers, agents, or employees under this Agreement, and 28 from any and all costs and expenses, damages, liabilities, claims, and losses occurring or 4
1 resulting to any person, firm, or corporation who may be injured or damaged by the 2 performance, or failure to perform, of OWNER, its officers, agents, or employees under this 3 Agreement. 4 IV. NON ASSIGNMENT 5 This Agreement shall not be assignable by OWNER without the prior written consent of 6 COUNTY's Board of Supervisors. Any assignee shall take this Agreement subject to the 7 Conditions set forth herein. 8 V. 9 This Agreement shall expire one (1) year after occupancy is granted for the final home 1 O in Tract No. 4968. 11 VI. NOTICES 12 The persons and their addresses having authority to give and receive notices under this 13 Agreement include the following: 14 15 16 17 COUNTY OF FRESNO Director of Public Works and Planning County of Fresno 2220 Tulare Street, 6th Floor Fresno, CA 93721 OWNER John A. Bonadelle, President JPJ, INCORPORATED, a Califomia Corporation 7030 N. Fruit Ave., Suite 101 Fresno, CA 93711 18 All notices between the COUNTY and OWNER provided for or permitted under this 19 Agreement must be in writing and delivered either by personal service, by first-class United 20 States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. 21 A notice delivered by personal service is effective upon service to the recipient. A notice 22 delivered by first-class United States mail is effective three COUNTY business days after deposit 23 in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an 24 overnight commercial courier service is effective one COUNTY business day after deposit with 25 the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for 26 next day delivery, addressed to the recipient. A notice delivered by telephonic facsimile is 27 effective when transmission to the recipient is completed (but, if such transmission is completed 28 outside of COUNTY business hours, then such delivery shall be deemed to be effective at the 5
1 next beginning of a COUNTY business day), provided that the sender maintains a machine 2 record of the completed transmission. For all claims arising out of or related to this Agreement, 3 nothing in this section establishes, waives, or modifies any claims presentation requirements or 4 procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 5 of Title 1 of the Government Code, beginning with section 810). 6 VIII. GOVERNING LAW 7 Venue for any action arising out of or related to this Agreement shall only be in Fresno 8 County, California. 9 The rights and obligations of the parties and all interpretation and performance of this 1 O Agreement shall be governed in all respects by the laws of the State of California. 11 IX. SEVERABILITY 12 In the event any provisions of this Agreement are held by a court of competent 13 jurisdiction to be invalid, void, or unenforceable, the Parties will use their best efforts to meet 14 and confer to determine how to mutually amend such provisions with valid and enforceable 15 provisions, and the remaining provisions of this Agreement will nevertheless continue in full 16 force and effect without being impaired or invalidated in any way. 17 X. HEADINGS: CONSTRUCTION: STATUTORY REFERENCES 18 19 20 21 22 23 24 25 26 27 28 The headings of the sections and paragraphs of this Agreement are for convenience only an_d shall not be used to interpret this Agreement. This Agreement is the product of negotiation between the Parties. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the County of Fresno shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. XI. LEGAL AUTHORITY 6
1 Each individual executing or attesting this Agreement hereby covenants, warrants, and 2 represents to the other Party: (1) that he or she is duly authorized to execute and deliver this 3 Agreement on behalf of his or her respective Party in accordance with the following: for the 4 OWNER, its articles of organization and operating agreement; and for COUNTY, its governing 5 legal authority; (2) that this Agreement is binding upon his or her respective Party; and (3) that 6 his or her respective Party is duly organized and legally existing in good standing in the State 7 of California. 8 XII. BINDING EFFECT 9 This Agreement shall be binding upon, and inure to the benefit of, the successors and 1 O assigns of the Parties. 11 XIII. NO THIRD PARTY BENEFICIARIES 12 Notwithstanding anything else to the contrary herein, the Parties acknowledge and agree that 13 no other person, firm, corporation, or entity shall be deemed an intended third-party 14 beneficiary of this Agreement. 15 XIV. COUNTERPARTS 16 This Agreement may be executed in two or more counterparts, each of which shall be 17 deemed to be an original. and all of which taken together shall constitute one and the same 18 instrument. 19 XV. ENTIRE AGREEMENT 20 This Agreement constitutes the entire agreement between the OWNER and COUNTY 21 with respect to the subject matter hereof and supersedes all previous Agreement negotiations, 22 proposals, commitments, writings, advertisements, publications. and understanding of any 23 nature whatsoever unless expressly included in this Agreement. 24 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set 25 forth above. 26 /II 27 Ill 28 Ill 7
1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date
set forth above.
2
3 OWNER:
JPJ, INCORPORATED, a California
4 Corporation
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By: Clt ~~
Dean H. Pryor, CFO
JPJ, INCORPORATED, a California
Corporation
7030 N. Fruit Avenue, Suite 101
Fresno, CA 93711
FOR ACCOUNTING USE ONLY:
ORG: 43601186
FUND: 0085
SUBCLASS: 17406
ACCOUNT: 1450
COUNTY OF FRESNO:
By:~~!1.........::,/Y!J,~~~---
Sal ·rperson"'of the Board of
Sup County of Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
ByD~~~½§
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G:\4360Devs&Pln\ADMIN\BOARD\Board ltems\2010-2019\2018\5-1-18\Tract 4968\Tract 4968 Final Map\T4968
MMRP Agreement.docx
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT . · A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificilte is attached, and not the b·uthfulness, accuracy, or validity of that document. STATE OF California )SS .COUNTY OF __,..,.Fte_&n ___________ ) APN No: On Aµ.-il 17, 2'.)18 before me, kra M. Ram , Notary Public, personally appeared D2m1 H. Pt):ur who proved to rne on the basis of satisfactory cvidcncl'.:' to be the person(1) whose name(f) is/iiff. subscribed to the within instniment and acknowledged to me that he/s~ executed the same in his/h~r authorized capac:ity(,es), and that by his/I~ slgnature(t) on the Instrument the person(t), or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the f-orcgoing paragraph is true and correct. WITNESS Signature This area for official notarial seal. OPTIQNAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. D INDIVIDUAL D CORPORATE OFFICER(S) TITLE(S) LJ PARTNER(S) [J LIMITED D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER SIGNER IS REPRESENTING: Name of Person or Entity 0 GENERAL Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT -----------------SIGNER(S) OTHER THAN NAMED ABOVE Reprcrluced by first American Title Company 11/2007
ATTACHMENT A REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF FRESNO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL B OF LOT LINE ADJUSTMENT NO. 17-22 AS DESCRIBED IN DOCUMENT NO. 2018-0046887 RECORDED APRIL 20, 2018, OFFICIAL RECORDS OF FRESNO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 21 OF PARCEL MAP NO. 5349, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 34 PAGES 19 AND 20 OF PARCEL MAPS, FRESNO COUNTY RECORDS; EXCEPTING THEREFROM ALL OIL, GAS, MINERALS, HYDROCARBONS AND KINDRED SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT WITHOUT THE RIGHT OF SURFACE ENTRY, AS GRANTED TO CARLSBERG RESOURCES CORPORATION, A CALIFORNIA CORPORATION, BY DEED RECORDED OCTOBER 30, 1970, IN BOOK 5832 PAGE 371 OF OFFICIAL RECORDS, INSTRUMENT NO. 76311. TOGETHER WITH A PORTION OF PARCEL 2 OF PARCEL MAP NO; 5988, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 41 PAGE 22 PARCEL MAPS, FRESNO COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE EAST LINE OF SAID PARCEL 2 NORTH 01 °47'08" EAST A DISTANCE OF 227.35 FEET TO THE TRUE POINT OF BEGINNING (P.O.B· 1); THENCE NORTH 15°24'03" WEST A DISTANCE OF 73.70 FEET; THENCE NORTH 01°47'08" EAST PARALLEL WITH AN,D 21.78 FEET WESTERLY FROM EAST LINE OF SAID PARCEL 2, A DISTANCE OF 75.29 FEET; THENCE NORTH 26°56'00" EAST A DISTANCE OF 51.24 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 2; THENCE ALONG SAID EAST LINE SOUTH 01 °47'08" WEST A DISTANCE OF 192.08 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-1). TOGETHER WITH A PORTION OF SAID PARCEL 2, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE EAST LINE OF SAID PARCEL 2 NORTH 01 "47'08" EAST A DISTANCE OF 950.66 FEET TO THE TRUE POINT OF BEGINNING (P.O.B· 2); THENCE NORTH 43°29'57" WEST A DISTANCE OF 272.21 FEET; THENCE NORTH 27°53'00" EAST A DISTANCE OF 224.53 FEET; THENCE NORTH 62°31'36" EAST A DISTANCE OF 108.51 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 2; THENCE ALONG SAID EAST LINE SOUTH 01°47'08" WEST A DISTANCE OF 446.20 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-2). EXCEPTING THEREFROM ANY PORTION OF SAID PARCEL 21 THAT LIES WITHIN THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST LINE OF SAID PARCEL 2 NORTH 01 °47'08" EAST A DISTANCE OF 1396.86 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-3); THENCE SOUTH 62°15'02" EAST A DISTANCE OF 311.63 FEET; THENCE NORTH 58°08'13" EAST A DISTANCE OF 116.44 FEET; THENCE SOUTH 39°59'15" EAST A DISTANCE OF 379.36 FEET; THENCE SOUTH 88°45'40" EAST A DISTANCE OF 506.61 FEET; THENCE NORTH 01°14'20" EAST A DISTANCE OF 57.39 FEET; THENCE NORTH 17°48'29" EAST A DISTANCE OF 245.56 FEET; THENCE NORTH 88°45'40" WEST A
DISTANCE OF 75.50 FEET; THENCE NORTH 66°34'29" WEST A DISTANCE OF 115.47 FEET; THENCE NORTH 81"09'12" WEST A DISTANCE OF 441.68 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF MILLERTON ROAD AS DESCRIBED IN DOCUMENT NUMBER 23913, RECORDED IN BOOK 6568, PAGE 294, OFFICIAL RECORDS OF FRESNO COUNTY; TH ENCE WESTERLY ALONG THE SAi D SOUTHERLY RIGHT OF WAY LINE OF MILLERTON ROAD TO THE NORTHWEST CORNER OF LOT 21 OF SAID MAP; THENCE ALONG THE WEST LINE OF SAID PARCEL 21 SOUTH 01 "47'08" WEST A DISTANCE OF 171.32 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-3). TOGETHER WITH PARCEL C OF LOT LINE ADJUSTMENT-NO. 17-22 AS DESCRIBED IN DOCUMENT NO. 2018-0046887 RECORDED APRIL 20, 2018, OFFICIAL RECORDS OF FRESNO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT REAL PROPERTY PURSUANT TO LOT LINE ADJUSTMENT NO. 17-23 AS DESCRIBED IN DOCUMENT NO. 2018-0044798 RECORDED APRIL 17, 2018, OFFICIAL RECORDS OF FRESNO COUNTY, MORE PARTICULARLY DESCRIBED AS: THAT REAL PROPERTY AS DESCRIBED IN THE CERTIFICATE OF COMPLIANCE NO. 99-13(A) RECORDED DECEMBER 07, 2000, AS INSTRUMENT NO. 00-150061 OF OFFICIAL RECORDS OF FRESNO COUNTY; TOGETHER WITH PORTIONS OF PARCELS 18 & 19 OF PARCEL MAP NO. 5349 RECORDED IN BOOK 34 AT PAGES 19 AND 20 OF PARCEL MAPS, FRESNO COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 19; THENCE NORTH 33"07'15" WEST A DISTANCE OF 322.28 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00"00'00" EAST A DISTANCE OF 157.02 FEET TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 438.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 06"51' 23" WEST, THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE (DELTA) OF 65"08'07" AN ARC LENGTH OF 497.93 FEET; THENCE SOUTH 31"43' 16" EAST A DISTANCE OF 6.55 FEET; TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 700.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 03"48' 41" WEST, THENCE NORTHWESTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE (DELTA) OF 13"15'17" AN ARC LENGTH OF 161.94 FEET; TO A POINT OF A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 650.00 FEET, THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG SAID CURVE THRU A CENTRAL ANGLE (DELTA) OF 24°0015411 AN ARC LENGTH OF 272.44 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WITHIN TRACT 4870, GRANITE CREST, IN THE COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 81 OF MAPS, PAGES 47 THROUGH 58, INCLUSIVE, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM ANY PORTION OF PARCEL 20 OF PARCEL MAP NO. 5349 RECORDED IN BOOK 34 AT PAGES 19 AND 20 OF PARCEL MAPS, FRESNO COUNTY RECORDS THAT LIE WITHIN THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE WEST LINE OF SAID PARCEL 2 NORTH 01"47'08" EAST A DISTANCE OF 1396.86 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-3); THENCE SOUTH 62"15'02" EAST A DISTANCE OF 311.63 FEET; THENCE NORTH 58"08'13" EAST A DISTANCE OF 116.44 FEET; THENCE SOUTH 39"59'15" EAST A DISTANCE OF 379.36 FEET; THENCE SOUTH 88°45140" EAST A DISTANCE OF 506.61 FEET; THENCE NORTH
01°14'20" EAST A DISTANCE OF 57.39 FEET; THENCE NORTH 17°48'29" EAST A DISTANCE OF 245.56 FEET; THENCE NORTH 88°45'40" WEST A DISTANCE OF 75.50 FEET; THENCE NORTH 66°34'29" WEST A DISTANCE OF 115.47 FEET; THENCE NORTH 81 °0911211 WEST A DISTANCE OF 441.68 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF MILLERTON ROAD AS DESCRIBED IN DOCUMENT NUMBER 23913, RECORDED IN BOOK 6568, PAGE 294, OFFICIAL RECORDS OF FRESNO COUNTY; THENCE WESTERLY ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE OF MILLERTON ROAD TO THE NORTHWEST CORNER OF LOT 21 OF SAID MAP; THENCE ALONG THE WEST LINE OF SAID PARCEL 21 SOUTH 01°47'08H WEST A DISTANCE OF 171.32 FEET TO THE TRUE POINT OF BEGINNING (P.O.B-3).
ATTACHMENT "B"
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
LAND USE AND ZONING
1.a From a land use standpoint, the key to ensuring that development is PW&P 8 Once Once
undertaken in an environmentally sensitive manner is to adopt standards
in the Specific Plan (supplemented by mitigation measures in the EIR)
and to require sound, comprehensive development conditions. The level
of detail in the application should be sufficient to evaluate the
consistencv of the oroiect with overall Specific Plan desicm.
1.b Each area of the Millerton New Town Specific Plan shall be annexed to PW&P 1 , 2 Once Once
CSA No. 34 prior to Site Plan Review or recordation of Final Map or LAFCo
Parcel Map.
1.c The location and number of units in the Specific Plan shall be restricted PW&P 1 Once per Once per
to 3499 units in the locations shown in Figure 5, Development Allocation phase phase
Areas of the Specific Plan
1.d Prior to recordation of a final map or approval of a site plan review for PW&P 1 , 2 Once per Once per
development which is within 300 feet of an AE or AL Zone District a phase phase
Right-To-Farm Notice shall be recorded pursuant Fresno County
Ordinance Code Section 17 .04 .100.
1.e Prior to recordation of a final map or approval of a site plan review, a PW&P 1 , 2 Once per Once per
notice shall be recorded to run with the land which discloses the phase phase
presence , operation and noise generation of the Fresno Rifle and Pistol
Club , operating under CUP #2344 , located south of the Millerton Specific
Plan area at 15687 Auberry Road.
TRAFFIC AND CIRCULATION
2.a Continue the standards of the Specific Plan which provide a safe and PW&P
convenient circulation network at final development including a hierarchy
of roadway designations, scenic roads, trails and bike paths .
2.b Develop Marina Drive (Winchell Cove Road) from Winchell Cove Marina PW&P
to Auberry Road as a two lane roadway with left turn and right turn lanes
at all intersections and one additional lane in each direction plus parking
lanes adjacent to all non-residential land uses, and modify the
intersection of Marina Drive and Millerton Road to form a more normal
right angle intersection .
Responsible Person/Agency, can't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
8
2,6
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
Once per
phase
Mitigation Phase Key
1 -Site Plan Review
NIA
Once per
phase
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -Du ring Construction
7-Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 1
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
TRAFFIC AND CIRCULATION, con't.
2 .c Install an eastbound left turn lane in Auberry Road at Marina Drive PW&P
2.d Widen Millerton Road to provide left and right turn lanes at all PW&P
intersections within the project.
2.e Relinquish direct access to residential properties fronting on Millerton PW&P
Road.
2.f Install a raised median island barrier in Millerton Road adjacent to all PW&P
non -residential land uses .
2.g Agree to install a traffic signal at the intersection of Marina Drive and PW&P
Millerton Road at the time that the County determines a traffic signal is
warranted .
2 .h The project proponent shall pay the project's pro-rata share of the cost of PW&P
improvements as described in the Traffic Impact Analysis, Millerton
Specific Plan Amendment Clarksfield Project, Fresno County , prepared
by Valley Research and Planning Associates for the following described
traffic improvements that are to be provided as part of the Millerton
Specific Plan :
A. Marina Drive Extension to the south :
i. Four-lane roadway: approximately one mile
ii. Two -lane roadway : approximately two miles
B. Auberry Road/Marina Drive Turn Lane
The pro-rata share shall be established prior to recordation of the final
map and payable at the time of issuance of a building permit. The fee
shall be adjusted annually for inflation based on the Engineering News
Record (ENR) 20 Cities Construction Cost Index.
Responsible Person/Agency, con'! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regiona l Water Qual. Control Bd.
2,6
2,6
2
1 ,2, 6
1 ,2
2,3
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School Dist rict
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept . of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
phase
Once per
phase
Once per
phase
Once per
phase
Once
@BP
Mitigation Phase Key
1 -Site Plan Review
Once per
phase
Once per
phase
Once per
phase
Once per
phase
Once
Annual
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -Al each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 2
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
TRAFFIC AND CIRCULATION, con't.
2 .i The project proponent shall pay the project's pro -rata share of the cost of PW&P 2,3 @BP Annual
improvements for four-lane roadway projects and traffic signal installation
as described in the Traffic Impact Analysis , Millerton Specific Plan
Amendment Clarksfield Project, Fresno County and the Supplemental
Report (11/98), both prepared by Valley Research and Planning
Associates . Unless and until traffic impact fees for the area are adopted
by the County , each project proponent shall enter into an agreement with
the County to provide for the funding of the traffic impact fees . The
Traffic Impact Agreement between the County and a project proponent
shall consider the Traffic Impact Analysis described abol(e and any other
relevant traffic analysis or information . The agreement may include
provision for cred it or reimbursement of the cost of the construction of
prescribed improvements by a project proponent. Traffic related impact
fees established on a per-unit basis as set forth in the Traffic Impact
Analys is shall be payable at the time of issuance of a building permit.
The fee shall be adjusted annually for inflation based on the Engineering
News Record (ENR) 20 Cities Construction Cost Index .
NOTE: Expenditures for improvements to Millerton Road will be
prioritized pursuant to Board policy.
2 .j The pro -rata share of $310,000 for improvements at the State Route CAL TRANS 2,3 @BP Annual
41/Friant Road interchange shall be paid through an impact fee of $390 PW&P
for each of the 795 dwelling units reallocated to the 440 acre expanded
Specific Plan area (Development Allocation Area G). The impact fee
shall be paid prior to issuance of each build ing permit.
2.k Each phase of development shall be reviewed to determine the essential PW&P 1 , 2 , 8 Once per Once per
circulation system improvements to be installed both in terms of the local phase phase
street system and the areawide improvements identified in the Traffic
Analysis Studies prepared by Valley Research and Planning Associates.
WASTE WATER DISPOSAL
3.a All development that occurs within the Specific Plan area must utilize a PW&P 1, 2
community sewer system with effluent treated to tertiary level.
Responsible Person/Agency
MM = Mitigation Monitor
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriff's Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
CAL TRANS = CA Dept. of Transportation
December, 2004
WQCB 7
Responsible Person/Agency. con't
WQCB = CA Regional Water Qual. Control Bd .
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
phase
OGAP
Mitigation Phase Key
1 -Site Plan Review
Once
OGAP
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg . permit
CDC -Continuous during constructi on
@Occ -At occupancy
Page 3
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas . Person/ Phase Monitoring I Reporting
# Agency
WASTE WATER DISPOSAL, con't
3.b Initial projects may be much smaller than the 100,000 gpd increment PW&P
needed for phased construction of the treatment facility. In this case, FCEH
interim disposal sites may be acceptable if it can be demonstrated that
the proposed site has acceptable locational crite ria fo r a package
sewage treatment plant. In no case should the County consider use of
an interim disposal site if the cumulative flows generated will exceed
100,000 aallons/dav after a orooosed oroiect is added .
3.c The wastewater treatment and disposal facilities shall be operated by PW&P
County Service Area No. 34 in accordance with the State Water CSA
Resources Control Board and the California Administrative Code .
3.d An effluent monitoring program will be established by the Regional Water WQCB
Quality Control Board consistent with the Waste Discharge (CSA)
Requirements and State Health Wastewater Reclamation Criteria.
3.e Reliability and design requirements for the treatment process shall PW&P
adhere to established engineering standards for Department of Health FCEH
criteria .
3.f Stormwater drainage shall be routed around the treatment plant and PW&P
ponding site via improved or unimproved drainage courses .
Responsible Person/Agency. con 't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qua l. .Contro l Bd .
1 , 2
7
2 ,7
1 , 2
1 , 2, 6
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
phase
OGAP
By CSA
OGAP
Once per
phase
Once per
phase
Mitigation Phase Key
1 -Site Plan Review
Once per
phase
OGAP
OGAP
Once per
phase
Once per
phase
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
The Waste Discharge
Requirements (Order No.
RS-2002 -0193) contain a
Monitoring and Reporting
Program that is
acceptable to the
Regional Water Quality
Control Board.
Frequency
Once -One time during specified miti -
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page4
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measu res Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
WASTE WATER DISPOSAL, con't
3.g The management plan for storing treated effluent consists of two CSA
operational modes -wet weather and intermittent storage . Toward the RWCB
end of the irrigation season (typically September to October) the storage
ponds will be emptied to provide maximum capacity for winter storage .
Discharge to disposal would occur in the winter only if weather conditions
and soil moisture were conducive to effluent disposal. The ponds would
also provide intermittent effluent storage between irrigations during the
growing season (March to October). Min imum water depths of three feet
would be maintained in a pond whenever possible , thus reducing weed
growth and potential habitats for breeding of mosquitoes . Effluent may
be applied to cropland using normal farming practices . Personnel will be
instructed on the character of the effluent and pertinent health and safety
precautions
3.h No final map, improvement plans associated with a final map, site plan , PW&P
or bui lding permit shall be issued unless the County has adopted the FCRD
Infrastructure Plan for water, sewer and drainage.
3.i The sewage infrastructure facilities required to serve each phase of PW&P
development shall be constructed prior to issuance of building permits in
the respective development phase area .
3.j To the greatest extent possible reclaimed water shall be reused for CSA
irrigation of golf courses and other landscaped areas . WQCB
3.k The plan for reuse of reclaimed water and necessary infrastructure for PW&P
implementation shall be made a part of the infrastructure plan .
Responsible Person/Agency. con '! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
7
1 , 2, 3
3
7
1 , 2
PW&P = Public Works & Plann ing. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
OGAP
Once per
phase
Once per
phase
OGAP
Once
Mitigation Phase Key
1 -Site Plan Review
Annual
Once
Once per
phase
Annual
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Pri or to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Infrastructure Plan for
water, sewer and
dra inage adopted by Bd .
of Supervisors Dec. 2000
Plan for reclaimed water
included in Adopted
Infrastructure Plan
Frequency
Once -One time during specified miti-
gati on Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 5
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
WASTE WATER DISPOSAL, con't
3.1 For disposal to greenbelt areas, appropriate measures should be taken WQCB
to ensure protection of public health. Typical measures include : a 50 FCEH
foot setback from adjacent properties, irrigation at night, positive controls
to avoid irrigation run-off, and appropriate cross-control requirements
with respect to potable water.
3.m The wastewater treatment facility(ies) shall comply with the regulations PW&P
and guidelines governing wastewater treatment and effluent reuse. The FCRD
plans shall be approved by the Fresno County Public Works & FCEH
Development Services Department, the Fresno County Department of WQCB
Health, the California Regional Water Quality Control Board (RWQCB), OOHS
and the State Department of Health Services (OOHS).
3.n A tertiary treatment facility shall be constructed in the southwesterly PW&P
portion of the Specific Plan area in the vicinity of the temporary WQCB
evaporation pond no .1 for the Brighton Crest development. It shall FCEH
include subsurface concrete tankage with a building on top to provide
odor and noise control, visual attractiveness and security and the
perimeter of the entire treatment area shall be landscape based on the
elevation drawings and preliminary landscape plans in the "Millerton New
Town Plan Area, Wastewater Treatment System Site and Disposal Area,
Report Update, October, 1998 by Allied Engineers, Inc.
-
3.o Areas for use of reclaimed water shall be constructed to allow for' PW&P
landscaping and golf course use, and protection of wetlands . CSA
Responsible Person/Agency, con't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
2,7
1 , 2
1 , 2, 3
1, 2, 6
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
OGAP
Once
OGAP
during
construction
OGAP
during
construction
Mitigation Phase Key
1 -Site Plan Review
Annual
Once
Once
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
'
Verification & Implementation
Date Repts. I Notes
Rec'd
On October 18, 2002, the
Regional Water Quality
Control Board issued
Waste Discharge
Requirements (Order No.
RS-2002-0193) for County
Service Area No. 34-
Millerton New Town. The
Order allows the
discharge of treated
wastewater from the
tertiary wastewater
treatment plant to the
effluent sorav fields .
CUP 2979 approved by
Fresno Co. PC for
construction of tertiary
treatment facility and
related landscape
features
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -Al each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 6
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
WASTE WATER DISPOSAL, con't
3.p Effluent shall not be applied to any permanent wetland areas that would PW&P 1 , 2, 6
result in a surface water discharge which would require a NPDES permit. CSA
COMMUNITY WATER
4 .a The Specific Plan area will be served with a community water system(s). PW&P
As designed the systems will provide sufficient supplies for domestic, FCEH
commercial and fire flow requirements .
4 .b A domestic water delivery plan, including specifications for pumping and PW&P
storaqe will quide planned New Town phasinq . FCEH
4 .c Agreements between Fresno County and "Millerton Water Users" PW&P
stipulate conditions which will mitigate water demand and community
qrowth requirements .
4 .d Reliability and design requirements for water systems will adhere to PW&P
established standards of the RWQCB and Department of Health Criteria. FCEH
4 .e No final map, improvement plans associated with a final map, site plan , PW&P
or building permit shall be issued unless the County has adopted the FCRD
Infrastructu re Plan for water sewer and drainage .
4.f Prior to the recordation of a final map or Site Plan Review approval, a PW&P
finalized agreement shall have been completed whereby the project CSA
proponent provides an adequate water supply to CSA No . 34, with the
acquisition costs to be borne by the project proponent.
4 .g Each residential lot shall be required to have two water meters ; one FCRD
meter will serve the residence and the second will serve the landscape PW&P
irrigation needs . CSA
Responsible Person/Agency, can't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
1 , 2
1 , 2
1 , 2 , 3
1 , 2 , 8
1 , 2
1 , 2, 3'
1 , 2
4
PW&P = Public Works & Plann ing . Dept .
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co . Sheriff's Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Un ified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
OGAP
Once per
phase
OGAP
Once
Once
Once per
phase
Once
Once
@Occ
Mitigation Phase Key
1 -Site Plan Review
Annual
Once per
phase
OGAP
Once
Once
Once per
phase
Once
Once
Annual
2 -Prior to Recording Fina l Map
3 -Prior to Issuance of Bldg . Perm it
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Infrastructure Plan
adopted by Bd. of
Supervisors December
2000
Water Agreements in
place to provide adequate
water supply to approved
Projects
Frequency
Once -One time during specified miti-
gati on Phase
Annual -Annually
OGAP -Ongoing & pe riodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 7
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas . Person/ Phase Monitoring I Reporting
# Agency
COMMUNITY WATER con't.
4.h Prior to recordation of a final map or site plan review , a tiered rate CSA 2
schedule for the irrigation service shall be adopted by the Governing
Board of the County Service Area serving the project. The rate for
irrigation services shall be significantly tiered to discourage the over-use
of irrigation water. The tiered rate structure shall include procedures
indicating when water meters will be read , payment of fees , notification
of overuse, criteria for the disconnection of irrigation service due to
overuse , an appeal process, and criteria for the recommendation of the
water supply for irrigation services.
4.i Groundwater shall only be used in the Specific Plan Area for backup or CSA 2 ,7
emergency purposes, or for groundwater management.
4.j Water infrastructure facilities necessary to serve the development shall PW&P 3
be constructed and operational prior to issuance of building permits. FCRD
4 .k Water conservation, in accordance with approved conservation plans of PW&P 7
Fresno County including adoption of pricing policies, best-management CSA
practices, education programs , and incentives for conservation, shall be
implemented for the Clarksfield Company consistent with the contract
with the Deer Creek and Tule River Water Authority. Where possible the
developer is to promote reuse of reclaimed water.
4.1 Prior to recordation of a Final Tract Map or Site Plan Review, the PW&P 1, 2
developer shall provide evidence of adequate wate r supply to serve that CSA
development to include a volume of water to serve as a safety factor
over and above the calculated demand.
LAW ENFORCEMENT
5.a The Sheriffs Department should be consulted during site planning and FCSD
building design to ensure that adequate provisions for police protection
and burglary prevention are designed into the project.
Responsible Person/Agency, con '! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
1
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA -
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
OGAP
@Occ
OGAP
Once
@BP
Mitigation Phase Key
1 -Site Plan Review
Once
Annual
Once per
phase
Annual
Once
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Water treatment plant
constructed and being
operated by CSA -34
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 8
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
LAW ENFORCEMENT, con't
5.b Prior to recordation of a final map or site plan review a pro-rata fee shall FCSD 1 , 2 Once Once
be established for the cost of a Sheriffs substation in the government PW&P
center. Said fee shall be paid prior to issuance of building permits. In
establishing said fees provisions should be made for developer
agreements wherein a developer might be reimbursed or receive credit
for dedication of the land or for construction of the substation.
5 .c Prior to recordation of a final map or approval of a site plan review, a FCSD 1 , 2 Once Once
funding mechanism shall be established through a community facilities PW&P
district or districts under the Mello-Roos Community Facilities Act of
1982, or other appropriate funding mechanism, to support cost for
sheriffs protection services to achieve a ratio of 2.0 sworn officers per
1,000 residents for the affected properties. In addition, the project
proponents shall pay for any cost associated with the establishment of
the referenced funding mechanism.
FIRE PROTECTION
6.a The Specific Plan includes several standards to reduce fire protection PW&P 8, 1 , 2, 3 Once in Once
impacts:
1. Requirement for two points of access for each development
2. Design of water system with adequate fire flows, fire hydrant, and
storage facilities.
3 . Fire retardant construction.
4. Fuel modification zones around development.
5 . Automatic fire sprinkling systems iri commercial developments
over 7,500 square feet.
6. A fire station location with an engine within the government center
complex .
Responsible Person/Agency
MM = Mitigation Monitor
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No. 34
CAL TRANS = CA Dept. of Transportation
December, 2004
Responsible Person/Agency. con'!
WQCB = CA Regional Water Qual. Control Bd.
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv . Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
OOHS = CA Dept. of Health Services
each
processing
phase
Mitigation Phase Key
1 -Site Plan Review
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUPrrM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
CFD being established for
Sheriff Protection
Services
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 9
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
FIRE PROTECTION, con't
6.b Prior to recordation of a final map or approval of a site plan review, a fee PW&P
shall be established through the Millerton New Town and Surrounding CSA
Area Fire Protection Benefit Assessment District for the cost of a new fire
station in the Millerton New Town Specific Plan area and initial
equipment for the station . Said fee shall be paid prior to issuance of
building permits. In establishing said fees provisions should be made for
developer agreements wherein a developer might be reimbursed or
receive credit for dedication of the land or for construction of the fire
station . The fire station and related initial equipment will be provided
upon the construction of the 400th unit, unless otherwise agreed to by
the Fresno County Fire Protection District, based on the current
conditions and need .
6.c Prior to recordation of a final map or approval of a site plan review, a PW&P
Benefit Assessment (as defined in Article 3.6, commencing with Section CSA
50078, of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government
Code), shall be established by the Board of Directors of the Fresno
County Fire Prevention District (FCFPD) to support on-going costs for
fire protection services, when it can be shown that the funding will
provide a greater level of fire protection service to the affected
properties. In addition, the project proponents shall reimburse the
FCFPD or pay for any required engineering study or report for
establishment of the referenced Benefit Assessme nt.
6 .d All roads should be designed and constructed to accommodate fire-PW&P
fighting equipment. Roadway design should consider pavement width, FCFPD
turn-around radii on dead -end or cul-de-sac roads, and maximum grades
that can be negotiated by fire -fighting equipment.
6 .e Detailed site planning of the project should be done in consultation with PW&P
fire protection agencies to ensure that the mitigation measures and any FCFPD
other fire protection measures that may be necessary are incorporated
into the overall project. The publication, Fire Safe Guides for Residentia l
Development in California (1980), should be used in project site planning
and design. ·
Responsible Person/Agency, can't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
1 , 2
1 , 2
2
1
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv ., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
Once
Once per
phase
Once
Mitigation Phase Key
1 -Site Plan Review
Once
Once
Once per
phase
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Pe rmit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec 'd
Fresno County Fire
Protection District has
established a fee to be
subject to covenants
being recorded on each
Project providing for
payment offee at the time
of Building Permit
issuance .
FCFPD has established
Millerton New Town and
Surrounding Area Fire
Benefit Suppression
Assessment District
Frequency
Once ~ One lime during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during constructi on
@Occ -At occupancy
Page 10
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas . Person/ Phase Monitoring I Reporting
# Agency
SCHOOLS
7.a Designation of a 1 O acre elementary school site (to be purchased at fa ir PW&P 8 Once Once
market value by the appropriate district). CUSD
SUSD
7.b The County shall keep the Districts informed on the progress of the PW&P 7 Annual Annual
project, and especially, on approved time tables for project construction .
7 .c The developer shall pay adopted school impact fees . If there is a CUSD 1 , 2 Once Once
temporary unmet need temporary facilities fees or other fee structures SUSD
satisfactory to all parties involved may be utilized .
SOLID WASTE MANAGEMENT
a .a A commun ity recycling center should be considered in overall project FCRD 1 , 2 Once Once
design . PW&P
8.b Solid waste collection areas for multi-family portions of the project should FCRD 1 Once Once
be designed to encourage recycling by providing adequate , well-marked
containers for cans , glass and newspapers .
8.c The Inn and Conference Center proposed under Conditional Use Permit PW&P 1 Annual Annual
No . 2865 shall have an active on-site recycling program which includes FCRD
the collection and delivery of the recyclables to a recycling facility .
PARKS AND RECREATION
9 . Additional facilities for improved open space should be planned north of PW&P 8 Once Once
Millerton Road both east and west of Winchell Cove Road (Marina
Drive).
ELECTRICAL AND TELEPHONE SERVICES
,10. Upon plan approval , proceedings should begin for placing the entire PW&P
Specific Plan area within the service district of Pacific Bell as a logical
extensi on of urban telephone servi ce from the FCMA.
Respons ible Person/Agency. can 't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
1 , 2
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fre sno Co. Environmental Health
CSA= County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv ., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
phase
Mitigation Phase Key
1 -Site Plan Review
Once per
phase
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
CUSD has acquired 20-
acre site within Specific
Plan area south of
Millerton Road
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & period ic dep . on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 11
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
#
11 .
Agency
VISUAL QUALITY
The degree of impact on the visual environment will be softened I PW&P
somewhat by standards within the Specific Plan, including :
1 Building sites located below or beside ridgelines, rather than on top,
to preserve vistas .
2 Provisions calling for submittal of-landscaping plans to the County
for all planned developments or commercial site plans.
3 Establishment of a design review committee to make
recommendations to the County on architectural style, building
materials, lighting, fencing and signs.
4 Grading and erosion control requirements .
5 Scenic roadways along Millerton Road and Winchell Cover Road
(Marina Drive).
6 Park develOJ)ment including White Fox Parkway.
1 , 2 , 8 Once per
processing
phase
Once per
processing
phase
HISTORIC/CULTURAL RESOURCES
12.a
12.b
Archeological resources occurring Allocation Area E are potentially I PW&P
significant. Final design of the tentative tract map or other mapping
should incorporate these features into the open space system. If such
design is not possible, detailed investigation to determine significance
shall be required prior to development entitlement and appropriate
mitigation measures instituted.
Prior to recordation of a Final Tract Map or Site Plan Review (SPR) I PW&P
approval, Archeological Sites No . CA-FRE-2184 and CA-FRE-2185 shall
be placed in open space easements. The legal description of the
boundaries of these sites shall be based on the staking done by Donald
G. Wren , Consulting Archeologist, as described in his report,
"ARCHEOLOGICAL MITIGATION OF CULTURAL RESOURCES NEAR
MILLERTON, CALIFORNIA", dated May 1997 .
Responsible Person/Agency
MM = Mitigation Monitor
Responsible Person/Agency, con't
WQCB = CA Regional Water Qual. Control Bd.
1 , 2, 8
1 , 2
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div ., DPW&P
OOHS = CA Dept. of Health Services
Once
Once
Mitigation Phase Key
1 -Site Plan Review
Once
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 12
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas . Person/ Phase Monitoring I Reporting
# Agency
HISTORIC/CULTURAL RESOURCES, con't
12 .c In the event cultural resources are unearthed during grading or PW&P 5,6
construction all work shall be halted in the area of the find, and an
archaeologist shall be called to evaluate the findings and make any
necessary mitigation recommendations . If human remains are unearthed
during construction, no further disturbance is to occur until the Fresno
County Coroner has made the necessary findings as to origin and
disposition . If such remains are Native American, the Coroner must
notify the Native American Heritage Commission within 24 hours. This
requirement shall be shown on the Waiver Certificate and on all
approved parcel maps associated with the project site.
12 .d An Open Space Easement Indenture Agreement shall be executed PW&P 1, 2
between the County and the property owner to protect the two significant
archaeological resources identified as P-10-002183 and P-10-002188 in
the archaeological survey entitled , Twins Hills Project, A Resurvey of 160
Acres Fresno County, California prepared by Donald G. Wren , consulting
Archaeologist, dated October 2002. This requirement shall be shown on
all final maps associated with the project site .
GEOLOGY AND SOILS
13.a No disturbance on cut and fills on slopes over 30 percent shall be PW&P
allowed without a aeotechnical analvsis .
13 .b Shallow (less than 2 feet) road cuts should be designed with slopes of PW&P
1 :1.
13 .c Fill slopes should be no steeper than 2:1. PW&P
13 .d Road cuts greater then 6 feet should be designed with slopes of 2:1 and PW&P
permanently stabilized.
13 .e Implement the California Uniform Code for Seismic Zone 3. PW&P
13.f Attention shall be given at time of construction to building pads and PW&P
driveways in order to lessen erosion or similar problems.
Responsible Person/Agency, con'! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
1, 2, 3
1 , 2
1 , 2
1 , 2
3
3
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
CDC
Once
Once per
ohase
Once per
phase
Once per
ohase
Once per
phase
@BP
CDP
Mitigation Phase Key
1 -Site Plan Review
Once
Once
Once per
phase
Once per
phase
Once per
phase
Once per
phase
Once per
ohase
Annual
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 13
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
GEOLOGY AND SOILS, can't.
13 .g A detailed erosion and drainage control program shall be developed for PW&P 1 , 2, 5 CDC N/A
the project to control erosion, siltation, sedimentation, and drainage. The
control program shall:
a. Provide drainage reports for each phase of development
showing all tributary areas and information pertinent to erosion
and grading control.
b. Maintain and protect all natural streams and drainage corridors
from development encroachment. Where possible, sites should
be graded to provide for sheet flow rather than channeling the
runoff. Where channeling is necessary, protection should be
provided in the form of planting or rip-rap . Landscaping, walls,
and other improvement should be placed so as to prevent
blocking of natural drainage.
c. Minimize disturbance or removal of existing vegetation, including
trees, shrubs, and grasses, or other ground cover.
d. Provide engineering plans with each phase of development
demonstrating treatment and type of planting by area, for each
soil type and slope required to stabilize cut and fill slopes .
e . Maintain temporary erosion controls during construction .
Improvement plans shall include a plan and implementation
schedule of measures for the prevention and control or erosion ,
siltation and dust, until erosion control plantings become
established .
HYDROLOGY
14 .a The increase in imported water will stimulate riparian vegetation which if CSA 7 OGAP Annual
not managed properly will reduce the capacity of existing drainways and
the White Fox Parkway . Proper drainage management should be
provided by a County Service Area .
14.b Groundwater shall only be used for backup or emergency purposes, or CSA 7 OGAP Annual
for groundwater management.
DRAINAGE AND FLOODING
15.a Natural drainage courses shall be preserved through density allocation PW&P 1 , 2, 8
and dedication of drainaae easements .
Responsible Person/Agency
MM = Mitigation Monitor
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co . Sheriff's Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
CAL TRANS = CA Dept. of Transportation
December, 2004
Responsible Person/Agency, con't
WQCB = CA Regional Water Qual. Control Bd .
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
ohase
Mitigation Phase Key
1 -Site Plan Review
Once per
phase
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 14
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring l Reporting
# Agency
DRAINAGE AND FLOODING, con't
15.b No final map, improvement plans associated with a final map, site plan , PW&P 1 , 2, 3 Once Once
or building permit shall be issued unless the County has adopted the
Infrastructure Plan for water, sewer and dra inage .
15 .c Implementation of drainage control practices should be implemented so PW&P 2,5 CDC Once
that incremental development completes component parts of a "master
sub-basin drainage plan".
15.d The County Service Area should implement the drainage plan, maintain CSA 7 OGAP Annual
drainage easements and facilities .
VEGETATION AND WILDLIFE
16.a Existing healthy oaks shall be preserved through setbacks and use PW&P 1,2 ,3 ,5 ,6 CDC OGAP
restrictions with in the drip line .
16.b Habitat will be enhanced through development of parkways and other PW&P
urban landscape area .
16.c Select vegetation species for erosion control, aesthetic value and habitat PW&P
improvement for parks, school areas, and scenic corridor. cusc
16.d "No shooting" and "leash law" districts shall be established fo r the PW&P
Millerton commun ity in keep ing with existing Fresno County policy in
these areas . Prior to recordation of a final map or approval of a site plan
review a funding mechanism shall be established to pay for the cost of
the associated services.
16.e The Landscape Plan for the Inn and Conference Center proposed under PW&P
Conditional Use Permit No . 2865 shall include the substantial use of
native plant species .
Responsible Person/Agency, con 't Responsible Person/Agency
MM = Mitigation Mon itor WQCB = CA Regional Water Qual. Control Bd .
8
1 , 2, 3
1 , 2
1
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
Once
Once
Once
Mitigation Phase Key
1 -Site Plan Review
N/A
Once
Once
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -Du ring Grading Activity
6 -During Construction
7 -Other
8 -SP/CUPffM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Infrastructure Plan
adopted December 2000
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 15
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible
Meas . Person/
# Agency
16.f Prior to recordation of a Final Tract Map or Site Plan Review approval, a PW&P
Wetland and Open Space Mitigation and Managemen t Plan and a F&G
Monitoring Program shall be developed by the Project Proponent and NRCS
approved by the County through consultation with the California CSA
Department of Fish & Game for all lands either containing delineated
wetlands or adjacent to delineated wetlands as defined by the U. S.
Army Corps of Engineers . The Wetland and Open Space Mitigation and REQUIRES
Management Plan shall provide for on-site preservation , off-site DEVELOP-
preservation, or a combination of the two to ensure a no-net loss of MENTOFA
wetland acreage or function, and shall restore native upland vegetation PLAN .
to non -wetland habitats in new open space areas adjacent to wetland
habitat. It shall contain provision for the restoration or preservation
activities for subject areas within the Plan Area with the short-term
provision as agreed to by the California Department of Fish and Game ,
and also have a long-term Management and Monitoring Program .
After the mitigation monitoring has been completed, the Wetland and
Open Space Mitigation and Management Plan shall address long-term
management issues of the recreational open space . Where required , the
Wetland and Open Space Mitigation and Management Plan shall be
submitted to the U.S . Army Corps of Engineers for review. Funds for the
Wetland Management and Mon itoring Plan shall be part of the CSA No .
34 budget. A Monitoring Program shall be approved that provides for the
following :
1 Restore native upland vegetation to non-wetland habitats by means
of managed grazing and re-introduction of native grass species .
2 Address long-term management issues of the recreational open
space after mitigation monitoring has been completed.
3 Where required, submit the mitigation and management plan to the
U.S . Army Corps of Engineers for review and approval.
4 Funds for the Open Space Management Plan shall be part of the
CSA No. 34 budget.
5 A Monitoring Program shall be approved that provides for the
following :
-Measurable mitigation objectives .
-Measu res which will result in the objectives being met.
-Monitoring protocol for measuring the success of the plan
which identifies:
-When the monitoring shall occur
-Survey method to be used.
-Reporting requirements .
Resoons ble Person/Aoencv Res12onsible Person/Agency, con'!
MM=Mi igation Monitor WQCB = CA Regional Water Qual. Cc ntrol Bd.
PW&P= Public Works & Planning . Dept. APCD = San Joaquin Valley Unified A r Pollution Contrl.
FCFPD, Fresno Co. Fire Protection Dist. CUSD = Clovis Unified School District
FCSD= resno Co . Sheriff's Department SUSD = Sierra Unified School District
------· · i-ormatIon comm. gency NKCti = Natural Resource Conserv. :: erv .. USDA
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
CAL TRANS = CA Dept. of Transportation
December, 2004
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
DOHS = CA Dept. of Health Services
Mitigation Frequency of:
Phase Monitoring I Reporting
1, 2
Jist.
Annual Annual
Mitio 1tion Phase Ke,
1-S le Plan Review
2-P ior to Recordin ~ Final Map
3 -P ior to Issuance ofBldg. Permi
4-P ior to Occupanpy
5 -Dunno Graaino 1 CIIVl!V
6 -During Construction
7 -Other
8 -SP /CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Freguency
Once -One ime during specified miti-
gation Phase
Annual-Am ually
OGAP -On~ loing & periodic dep. on
m11IoatIon
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 16
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
VEGETATION AND WILDLIFE, can't
16f 6 The ongoing funding source shall be confirmed for the implementation
con't of the Wetland and Open Space Mitigation and Management Plan .
16.g The project proponent shall participate in the formation of a Open Space F&G
and Natural Resource Plan (OSNRP) for the Millerton, Dry Creek, and
Sierra Foothill areas . The OSNRP will provide protection of sensitive
resources by establishing key habitat areas, open and continuous wildlife
corridors, ridgetop and view protection , native plant landscapes , and
lighting restrictions on hilltops to mitigate glare.
16.h The project proponent shall pay a one -time fair share of the mitigation F&G
fees established by the OSNRP consistent with other projects within the
OSNRP area, taking into account previous development commitments
recognized in the Millerton Specific Plan adopted in 1984 and amended
in 1999 and 2004, and the project conditions of approval that already
include open space set-aside and other protection measures. The
OSNRP mitigation fees consist of $175 per residence and $.1 O per
square foot of commercial space payable to Sierra Foothill Conservancy
at the time of issuance of Building Permit with provision for future
adjustment of these fees based upon the Engineering News Record
Index.
Responsible Person/Agency. con't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
7
1 , 2, 3
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
TO BE
DETER-
MINED
BASED ON
PLAN
Mitigation Phase Key
1 -Site Plan Review
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Pri or to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. J Notes
Rec'd
OSNRP has been formed
Mitigation Fees have
been adopted by the
OSNRP for both
residential and
commercial projects
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 17
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas . Person/ Phase Monitoring I Reporting
# Agency
VEGETATION AND WILDLIFE! con't
16.i
Added
2-3-00
Prior to recordation of a Final Tract Map or Site Plan Review (SPR) I P & RM I 1, 2 I Annual
approval, a Wetland and Open Space Mitigation and Management Plan F & G
and a Monitoring Program shall be developed by the project proponent NRCS
Annual
TT
4870
and approved by the County through consultation with the California
Department of Fish & Game for those lands identified in Figure No . 3 of
the Mitigation Plan, Westcal Project Site, Fresno County by Hartesveldt
Ecological Consulting Services dated December 22, 1998. The Wetland
and Open Space Mitigation and Management Plan shall be developed as
outlined in the Hartesveldt Plan and at a minimum:
a. Ensure no-net loss of wetland acreage or function. The plan shall
provide for on-site preservation, off-site preservation , or a
combination thereof.
b . Preserve and enhance approximately 4.3 acres of emergent
marsh/freshwater seep in an open space corridor along White Fox
Creek and its principle tributary.
c. Create approximately 3.9 acres of emergent marsh/freshwater seep
from upland habitats adjacent to White Fox Creek.
d. Preserve and enhance approximately 0 .3 acres of vernal pools
providing habitat suitable for a suite of plants and animals (including
species of special status) endemic to them.
e. Create two vernal pools that together will be approximately 0.01
acres in size.
f. Establish native riparian vegetation (i.e ., valley oaks, willows, and
cottonwoods) along the margins of White Fox Creek and adjacent
wetlands.
g. Restore native upland vegetation to non-wetland habitats by means
of managed grazing and re-introduction of native grass species.
h. Address long-term management issues of the recreational open
space after mitigation monitoring has been completed.
i. The plan shall be submitted to the U.S . Army Corps of Engineers for
review.
j. Funds for the Open Space Management Plan shall be part of the
CSA No . 34 budget.
Can't next page.
Responsible Person/Agency. can't
REQUIRES
DEVELOP-
MENT OF A
PLAN .
Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co. Environmental Health
CSA = County Service Area No . 34
CAL TRANS = CA Dept. of Transportation
December, 2004
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Mitigation Phase Key
1 -Site Plan Review
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
Frequency
Revised Wetland Open
Space Mitigation and
Management Plan and
Monitoring Program has
been revised and
submitted to Department
of Fish and Game for
review and approval
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 18
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring [ Reporting
# Agency
VEGETATION AND WILDLIFE, con't
16.i k. The Monitoring Program shall at a minimum include:
can't. -Measurable mitigation objectives .
-Measures which will result in objectives being met.
-A monitoring protocol by which the success of the plan can be
measured that identifies:
-When monitoring will occur
-Survey methods
-Reporting requirements
i. Confirmation of a fundina source for olan imolementation.
CLIMATE AND AIR QUALITY
17.a The Specific Plan provides for pedestrian and bicycle pathways and bike PW&P
lanes through the project which link residential areas to shopping and
schools to reduce vehicular trips and associated -air pollution emissions.
To encourage the use of bicycles , commercial, recreational and school
areas should be equipped with secure bike parking facilities. The bicycle
circulation system should be linked to the Metropolitan Bikeways System
and Fresno County Recreation Trail System.
17.b A centralized location for a park and ride lot is established in the project PW&P
within the central commercial area .
17.c To reduce particulate emissions during construction water spray or other PW&P
dust palliatives should be used. This is particularly important adjacent to APCO
developed areas to avoid potential nuisance problems.
17.d Installation of emission reduction catalyst devices on all fireplace flues is APCD
recommended ; they are effective in reducing carbon monoxide and PW&P
particulate emissions.
17.e Express bus service should be provided for commuters going to the FCRTA
FCMA.
17.f Any gas-fired appliances shall be low nitrogen oxide (Nox) emitting gas-PW&P
fired appliances complying with California Nox Emission Rule # 1121 .
17.g All sidewalks and pedestrian paths shall be lined with trees that will PW&P
develop a full canopy and provide shade during hot summer months.
Responsible Person/Agency. con 't Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd .
1 , 2, 8
1 , 8
5,6
3
7
4
1, 2
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriff's Department
LAFCo = Local Agency Formation Comm.
F.CEH = Fresno Co. Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once per
phase
Once
CDC
@BP
Annual
@OCC
Once
Mitigation Phase Key
1 -Site Plan Review
Once per
phase
Once
N/A
N/A
N/A
Annual
Once
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 19
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
CLIMATE AND AIR QUALITY, con't
17.h The San Joaquin Valley Unified Air Pollution Control District's Rule No. APCD
4901 -Residential Wood Burning, adopted July 15, 1993 to limit PW&P
emissions of carbon monoxide and PM-10 from residential wood burning
shall be applicable to this project.
17.i Bicycle parking facilities shall be installed for employees and PW&P
guest/visitors at the Inn, Conference Center, and Retail Site B.
17.j Direct pedestrian access from existing or potential public transit stops PW&P
and the sidewalk to the main entrances of the Inn, Conference Center,
and Retail Site B shall be provided. Such access should consist of
paved walkways or ramps and should be physically separated from
parking areas and vehicle access routes.
17.k If fireplaces are used for the Inn or Conference Center, natural gas PW&P
fireplaces Q.[ EPA certified wood burning inserts/stoves shall be installed APCD
(as opposed to conventional open-hearth fireplaces).
Responsible Person/Agency, con'! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
3,4
1 , 4
1 , 4
1 , 4
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm .
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv . Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
@BP
@BP
@BP
@BP
Mitigation Phase Key
1 -Site Plan Review
@BP
@BP
@BP
@BP
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
nla -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 20
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measur~s Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
CLIMATE AND AIR QUALITY, con't
17.1 The following measures shall be implemented in Allocation Area H, the PW&P
160 acre Southeastern Expansion Area . APCD
1. No wood-burning fireplaces, wood stoves, or chimneys shall be
allowed within the Twin Hills Project Amendment Area . Natural gas,
propane, electrical , or other EPA certified gas fireplaces or stoves
shall be installed as opposed to conventional open-hearth wood-
burning fireplaces.
2. The Neighborhood Commercial Center shall provide space available
for lease for development of a telecommunicating center for
employment purposes.
3. A park-and -ride facility shall be included in the Neighborhood
Commercial Center.
4. All homes shall be wired for telecommuting, computers, and
electronic meter reading; and have outdoor electrical and propane
hookups .
5. A transit stop shall be located within the site, the location of which is
to be coordinated with the regional transit provider.
6 . The Project design shall provide for pedestrian and bike facilities
such as sidewalks or paths, street trees to shade walkways,
bikeways/paths connecting to a bikeway system in accordance with
the Millerton Specific Plan Circulation Element and bicycle parking.
7. The Project shall be subject to Air Quality Mitigation Measures, both
during Project construction and thereafter, as described in the Air
Quality Impact Assessment for the Millerton Specific Plan dated
December 11, 2003.
8 . The 207 residential units in Allocation Area H shall pay at time of
Building Permit a one-time Air Quality Impact fee of $500 per
residence to Fresno County or as directed by Fresno County. This
fee is not in lieu of any Indirect Source Fee adopted by the San
Joaquin Valley Air Pollution Control District, but may be allowed as
a credit toward such fee .
9. All other conditions related to air quality currently found in the
Millerton Specific Plan and Fresno County General Plan shall be
applicable to the Twin Hills Project.
Responsible Person/Agency, con'! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
1, 2, 3
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
OGAP
Mitigation Phase Key
1 -Site Plan Review
Annual
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec 'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 21
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Respons ible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
CLIMATE AND AIR QUALITY, con't
17.m Each project will complete an Air Quality Impact Assessment under the APCD 1, 2
guidelines of the San Joaquin Valley Air Pollution Control District and PW&P
include in the Project Cond itions, Air Quality Mitigation Measures, both
during Project construction and thereafter, including any Indirect Source
Fee as may be adopted and required by the San Joaquin Valley A ir
Pollution Control District or the County of Fresno. Project Proponents
shall work with representatives of Fresno County and the San Joaquin
Valley Air Pollution Control District to encourage any Indirect Source
Fees imposed to be used within the Project and surrounding area to
reduce emissions .
ENERGY RESOURCES
18.a The Specific Plan contains standards to reduce energy consumption PW&P
including:
1. Public building design requirements ;
2. Solar access provisions;
3. Parking lot shading;
4 . Requirement for project level energy efficiency and evaluation;
5. Provisions for mixed land use and compact form ;
6 . A bikeways and pedestrian trail plan ;
7. Proposal for a community recycling center;
8. Water conservation programs;
9. Requirement for bus , car, and van pooling facilities within the
communitv co re.
18.b The designers , architects, and engineers for individual projects should PW&P
select an optimum combination of energy conservation measures for
inclusion in design . General types of measures that should be
considered include building orientation, windows , insulation and
weatherization, space heating and cooling , appliances , lighting and
landscaoina.
Responsible Person/Agency. con'! Responsible Person/Agency
MM = Mitigation Monitor WQCB = CA Regional Water Qual. Control Bd.
1 , 2, 8
1 , 3
PW&P = Public Works & Planning . Dept.
FCFPD = Fresno Co . Fire Protection Dist.
FCSD = Fresno Co. Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No . 34
APCD = San Joaquin Valley Un ified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
CAL TRANS = CA Dept. of Transportation
December, 2004
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co . Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Once
Once per
phase
@BP
Mitigation Phase Key
1 -Site Plan Review
Once
Once per
phase
NIA
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg . Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts. I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep. on
mitigation
@BP -At each bldg. permit
CDC -Continuous during construction
@Occ -At occupancy
Page 22
Millerton Specific Plan
Mitigation Measures and Monitoring Program Matrix
Mit. Mitigation Measures Responsible Mitigation Frequency of:
Meas. Person/ Phase Monitoring I Reporting
# Agency
NOISE
19.a Adjacent to Millerton Road, shielding should be incorporated into the PW&P 1 , 2, 3 Once per Once per
specific design of buildings in the form of noise barriers (walls, berms, phase phase
etc.) to protect outdoor activity areas . For multi-family dwellings to be
located wholly or partially within the Ldn 60 dBA contour, interior noise
levels may be mitigated by requiring an acoustical analysis in
accordance with Title 25 of the California Administrative Code (Noise
Insulation Standards) to ensure that proposed building facades will
attenuate levels to Ldn 45 dBA or below.
19.b Noise levels from commercial uses may be mitigated by requiring that PW&P 1 , 3 @BP Once per
delivery areas, loading docks, and refuse storage areas be located so phase
that they are effectively shielded from adjacent sensitive uses. Air
conditioning/ventilation equipment should be located on the roofs of
commercial buildings or in such a way that equipment is effectively
shielded. Parking lot noise may be mitigated by requiring masonry walls
or other suitable barriers with an effective height of at least six feet
between commercial and noise-sensitive uses.
19 .c Construction noise impacts may be minimized by restricting hours of FCEH 5,6 CDC N/A
operation to between 6 a.m . and 9 p.m . on weekdays and 7 a.m. and 5
p.m . on Saturday and Sunday (Fresno County Noise Ordinance).
19 .d Each commercial development shall be conditioned to require that under FCEH 1 Once Once
Site Plan Review there shall be verification that the development and use
of the property will be in compliance with the County Noise Ordinance .
Conditions of the SPR may include but are not limited to design features
and operational controls .
C:\Documents and Settings\mcarter\Local Settings\Temporary Internet Files\OLK129\4394MMPM 120704 adopted.doc
April 20,1999
Rev. February 3, 2000
Adopted December 7, 2004
Responsible Person/Agency
MM = Mitigation Monitor
PW&P = Public Works & Planning. Dept.
FCFPD = Fresno Co. Fire Protection Dist.
FCSD = Fresno Co . Sheriffs Department
LAFCo = Local Agency Formation Comm.
FCEH = Fresno Co . Environmental Health
CSA = County Service Area No. 34
CAL TRANS = CA Dept. of Transportation
December, 2004
Responsible Person/Agency. con't
WQCB = CA Regional Water Qual. Control Bd.
APCD = San Joaquin Valley Unified Air Pollution Contrl.Dist.
CUSD = Clovis Unified School District
SUSD = Sierra Unified School District
NRCS = Natural Resource Conserv. Serv., USDA
F&G = Calif. State Dept. of Fish & Game
FCRD = Fresno Co. Resource Div., DPW&P
OOHS = CA Dept. of Health Services
Mitigation Phase Key
1 -Site Plan Review
2 -Prior to Recording Final Map
3 -Prior to Issuance of Bldg. Permit
4 -Prior to Occupancy
5 -During Grading Activity
6 -During Construction
7 -Other
8 -SP/CUP/TM
n/a -Not Applicable
Verification & Implementation
Date Repts . I Notes
Rec'd
Frequency
Once -One time during specified miti-
gation Phase
Annual -Annually
OGAP -Ongoing & periodic dep . on
mitigation
@BP -At each bldg . permit
CDC -Continuous during construction
@Occ -At occupancy
Page 23