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HomeMy WebLinkAboutAgreement A-19-304 with Kings River Packing Inc..pdfTRAFFIC MITIGATION, MAINTENANCE, AND REPAIR AGREEMENT County of Fresno - Trimmer Springs Road and Oliver Road THIS AGREEMENT is made and entered into this day of 2019, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of Califomia ("COUNTY*), and KINGS RIVER PACKING, INC., a California corporation, whose address is 21083 East Trimmer Springs Road, Sanger, Califomia 93657 ("OWNER"), and collectively referred to as the "Parties". WITNESSETH WHEREAS, OWNER proposed to amend Classified Conditional Use Permit ("CUP") No. 3476, approved by the Fresno County Planning Commission on January 15, 2015, in order to allow expansion of an existing fruit packing and storage facility in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) and AL-40 (Limited Agricultural, 40-acre minimum parcel size) Zone Districts; and WHEREAS, the project site is located on the east side of Trimmer Springs road, approximately three quarters of a mile north of its intersection with Beimont Avenue, approximately three miles southwest of the unincorporated community Piedra, located at 21083 E. Trimmer Springs Road (SUP. DIST. 5) (APNs 158- 070-65,158-070-69,158-070-76,158-070-77) ("Project Site"); and WHEREAS, on June 28,2018, pursuant to Resolution No. 12722, the Fresno County Planning Commission approved Classified Conditional Use Permit Application No. 3597, Minor Variance Application No. 1287, and Mitigated Negative Declaration for Initial Study Application No. 7410 including Mitigation adopted subject to certain conditions ("ProjecT); and WHEREAS, a Traffic Impact Study ("TIS") was prepared as part of the Mitigated Negative Declaration, and WHEREAS, said TIS identified cumulative transportation impacts to the County's roadway system resulting in the need for the funding of off-site improvements; and WHEREAS, measures to mitigate the transportation impacts were Identified; WHEREAS, said mitigation measures were adopted for the Project; and WHEREAS, Mitigation Measure No. *5. of the Project's adopted Mitigation Monitoring and Reporting Program and Condittons of Approval, a copy of which is attached hereto as Exhibit A, requires OWNER to enter into an agreement with COUNTY to pay the pro rata share of the total cost for -1- 18th June 19-0711 Agreement No. 19-304 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year 2 first hereinabove written. 3 4 KINGS RIVER PACKING, INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 Authorized Signature °"fri~ Nt;:a~a ~,hey 2-l O j 2 E. 1i: ~e---'" 2\)'.; ~ s '4( Mailing Address ~w: cA 't 3"S"7 City State and Zip Code 18 FOR ACCOUNTING USE ONLY: ORG: 4510 19 FUND: 00100 SUBCLASS: 11000 20 ACCOUNT: 5800 21 22 23 24 25 26 27 28 COUNTY OF FRESNO -~~'2 Nathan Magsig, Chairman of the Board of Supervisor of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California -8- Exhibit “A” Mitigation Monitoring and Reporting Program Initial Study No. 7410 / Classified Conditional Use Permit No. 3597 / Minor Variance No. 1287 (Including Conditions of Approval and Project Notes) Mitigation Measures Mitigation Measure No.* Impact Mitigation Measure Language Implementation Responsibility Monitoring Responsibility Time Span 1. Aesthetics In order to mitigate potential impacts to the scenic corridor along Trimmer Springs Road as a result of the proposed project, the Applicant shall screen the facility utilizing drought-tolerant landscaping, consisting of trees and shrubs of adequate size and density, along the western property line of the subject parcel where said property line abuts Trimmer Springs Road. Said landscaping shall be maintained in a healthy condition for the life of project operations. If the amount of landscaping provided to satisfy this requirement is equal to or greater than 500 square feet, the Applicant shall comply with California Code of Regulations Title 23, Division 2, Chapter 2.7 Model Water Efficient Landscape Ordinance (MWELO). Proposed landscaping and irrigation plans shall be submitted in conjunction with the required Site Plan Review Application and all landscaping shall be installed prior to occupancy. Applicant Applicant/Fresno County Department of Public Works and Planning (PW&P) Ongoing 2. Aesthetics Prior to occupancy, all outdoor lighting shall be hooded, directed and permanently maintained as to not shine toward adjacent properties and roads. Applicant Applicant/PW&P Ongoing 3. Air Quality The Applicant shall comply with all the measures identified in the Project Air Impact Assessment (AIA)/Indirect Source Review (Project Number C-2018007) dated February 15, 2018 as approved for this project by the San Joaquin Valley Air Pollution Control District (SJVAPCD). The Applicant shall submit evidence annually to SJVAPCD and the Department of Public Works and Planning demonstrating compliance with the mitigation measures. Applicant Applicant/San Joaquin Valley Air Pollution Control District (Air District) Ongoing 4. Cultural Resources In the event that cultural resources are unearthed during ground-disturbing activities, all work shall be halted in the area of the find. An Archeologist shall be called to evaluate the findings and make any necessary mitigation recommendations. If human remains are unearthed during ground-disturbing activities, no further disturbance is to Applicant Applicant Ongoing occur until the Fresno County Sheriff-Coroner has made the necessary findings as to origin and disposition. All normal evidence procedures shall be followed by photographs, reports, video, etc. If such remains are determined to be Native American, the Sheriff-Coroner must notify the Native American Commission within 24 hours. 5. Transportation and Traffic In order to mitigate potential traffic impacts to County roadways, prior to occupancy, the Applicant/owner shall enter into an agreement with Fresno County agreeing to participate on a pro-rata basis of 38% of the total cost for the maintenance and restoration of Trimmer Springs Road (approximate 2.3-mile segment from project site) and Oliver Street (approximate one-mile segment from Belmont Avenue to State Route 180) for a period not to exceed 10 years. This agreement shall establish the existing baseline condition for Trimmer Springs Road and Oliver Street, and address the monitoring and evaluation of roadway pavement conditions, and the undertaking of roadway repairs and/or maintenance overlay as necessary to ensure project-related traffic can be safely accommodated. The pro-rata share for the maintenance and restoration of said roadways shall not exceed $485,000 over the term of this agreement. Applicant Applicant/PW&P As noted Conditions of Approval 1. All Conditions of Classified Conditional Use Permit No. 3476 shall remain in full force and effect, except as modified with the approval of Classified Conditional Use Permit No. 3597 and Site Plan Review (SPR). 2. Development and operation shall be in substantial conformance with the approved Site Plans, Floor Plans, Elevation Drawings and Operational Statement, except as modified by the Conditions of Approval and Site Plan Review (SPR). 3. Prior to issuance of Building Permits, a Site Plan Review (SPR) shall be submitted to and approved by the Department of Public Works and Planning in accordance with Section 874 of the Fresno County Zoning Ordinance. Conditions of the Site Plan Review may include: design of parking and circulation areas, access, on-site grading and drainage, fire protection, landscaping, signage, and lighting. 4. The developer shall submit a Grading and Drainage Plan to the Fresno Irrigation District (FID) for review and approval prior t o the issuance of Building Permits which demonstrates that the proposed development will not endanger the structural integrity of FID’s Gould Canal No. 97 or result in drainage patterns th at could adversely affect FID. *MITIGATION MEASURE – Measure specifically applied to the project to mitigate potential adverse environmental effects identified in the environmental document. Conditions of Approval reference required Conditions for the project. Notes The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the project Applicant. 1. A ten-foot by ten-foot corner cutoff shall be maintained for sight distance purposes at any driveway accessing Trimmer Springs Road. 2. An Encroachment Permit shall be required from the Road Maintenance and Operations Division for any work performed within the County right-of-way. 3. The Applicant submitted a Report of Waste Discharge (RWD) to the Water Board in 1997 for the discharge of 4,500 gallons of fru it- washing wastewater per day (monthly average) to approximately 65 acres of land. If the proposed expansion project will result in a material change in the volume, character, or location of the discharge that was described in the 1997 RWD, the Applicant shal l be required to submit a new RWD to the Water Board at least 140 days prior to initiating discharge from the expanded facility. 4. As construction associated with this proposal will disturb more than one acre, compliance with the National Pollutant Discharg e Elimination System (NPDES) General Permit No. CAS000002 for Discharges of Storm Water Associated with Construction Activity shall be required. Before construction begins, the Applicant shall submit to the State Water Resources Control Board a Notic e of Intent to comply with said permit, a Storm Water Pollution Prevention Plan (SWPPP), a Site Plan, and appropriate fees. The SWPPP shall contain all items listed in Section A of the General Permit, including descriptions of measures taken to prevent or eliminate unauthorized non-storm water discharges, and best management practices (BMP) implemented to prevent pollutants from discharging with storm water into waters of the United States. 5. According to FEMA FIRM Panel 1645H, portions of the subject parcel are located within FEMA Flood Zone AE, which is subject to flooding from the one-percent (1%)-chance storm. Any work performed within designated Flood Zones shall conform to provisions established in Chapter 15.48 of the Fresno County Ordinance Code (Flood Hazard Areas). 6. Any additional run-off generated by development cannot be drained across property lines, and must be retained on site per County Standards. 7. A Grading Permit or Grading Voucher shall be required for any grading activity associated with this proposal. 8. The commercial fruit packing operation shall satisfy the requirements set forth in the California Health and Safety Code (HSC), Division 20, Chapter 6.95. As such, within 30 days of the occurrence of any of the following events, the commercial fruit packin g operation must update their Hazardous Materials Business Plan (HMBP) and Site Map on file with the Fresno County Department of Public Health : 1) There is a 100% or more increase in the quantities of a previously disclosed material; or 2) The facility be gins handling a previously undisclosed material at or above the HMBP threshold amounts. The commercial fruit packing operation must also certify that a review of the HMBP has been conducted at least once every year and that any necessary changes were made and that the changes were submitted to the Fresno County Department of Public Health. 9. W ithin six months of the occurrence of any of the following events, the commercial fruit packing operation must update their R isk Management Plan (RMP) on file with the U.S. Environmental Protection Agency (EPA): 1) If a change alters the Program Level that applies to any covered process; or 2) If a change requires a revised Off -Site Consequence Analysis; or 3) If a change requires a revised Process Hazard Analysis or Hazard Review; or 4) If a new regulated substance is present above the threshold quantity in an already covered process; or 5) If a regulated substance is present above the threshold quantity in a new process; or 6) If the U.S. E PA begins regulating a new substance. Notes 10. All hazardous waste shall be handled in accordance with requirements set forth in the California Code of Regulations (CCR), Ti tle 22, Division 4.5, which discusses proper labeling, storage and handling of hazardous wastes. 11. Per California Plumbing Code Section 6.9, disposal fields, trenches, and leaching beds shall not be paved over or covered by conc rete or a material that is capable of reducing or inhibiting evaporation of sewer effluent. California Plumbing Code Appendix H re quires access to septic tanks to be maintained. 12. The proposal shall comply with the California Code of Regulations Title 24 – Fire Code, and three sets of County-approved construction plans for the project shall be approved by the Fire District prior to issuance of Building Permits by the County. 13. The subject parcel shall annex into Community Facilities District (CFD) No. 2010 -01 of the Fresno County Fire Protection District. 14. This proposal is subject to Air District Rule 9510 (Indirect Source Review) and may also be subject to the following A ir District Rules: Regulation VIII (Fugitive PM10 Prohibitions) Rule 4102 (Nuisance) Rule 4601 (Architectural Coatings) Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt) ______________________________________ DC:ksn G:\4360Devs&Pln\PROJSEC\PROJDOCS\CUP\3500-3599\3597\RESOLUTION\CUP 3597 MV 1287 MMRP (Ex B).docx Kings River Packing Traffic M itigation Agreement Exhibit B Trimmer Springs Rd - Fresno Canal to Kings River Packing 1 mi N➤➤N © 2018 Google © 2018 Google © 2018 Google© 2018 Google© 2018 Google© 2018 Google Kings River Packing Traffic M itigation Agreement Exhibit & Oliver Ave - Belmont Ave - Belmont A Ave to State Route 180 Ave to State Route 180 A 2000 ft N➤➤N © 2018 Google © 2018 Google © 2018 Google© 2018 Google© 2018 Google© 2018 Google EXHIBIT “D” Traffic Mitigation, Maintenance, and Repair Agreement (2019) Pavement Condition Index (PCI) SIN Road Name Start End Segment Length Assessment Date PCI 6087.00 Oliver SSR 180 Belmont 1.175 02/12/2019 67 7950.50 Trimmer Springs Fresno Canal Flume Road (N) 0.172 02/12/2019 73 7951.00 Trimmer Springs Flume Road (N) Enterprise Canal (C-77) 1.155 02/12/2019 62 7952.25 Trimmer Springs Enterprise Canal (C-77) 1.090 NE/O Enterprise Canal 1.090 02/12/2019 65 Note: South Portion of Olive Avenue is within an active construction phase of SR180 and temporarily excluded from field review. Weighted PCI Average of Trimmer Springs Segments = 64 Road Maintenance Activity Forecasted Schedule: (all estimates are 2019 $s) #1.) All segments, crack seal in Fiscal Year 2018-19 (Estimated cost = $43,373) ($11.5k/m+5%cont) (38% = $16,482) #2.) All segments, chip seal in Fiscal Year 2019-20 (Estimated cost =$181,037) ($48k/m+5%cont) (38% = $68,794) #3.) All segments, overlay in Fiscal Year 2024-25 (Estimated cost = $1,440,751) ($382K/m+5%cont) (38% = $547,485) Kings River Packing Liability Balance Start = $485,000 = $485,000 FY2018-19 = ($16,482) = $468,518 FY2019-20 = ($68,794) = $399,724 FY2024-25 = ($399,724) = $0