HomeMy WebLinkAboutAgreement A-20-043 Traffic Impact Fees.pdf1
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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
No Recording Fee Pursuant to Government Code Section 27383
AGREEMENT
TRAFFIC IMPACT FEES
THIS AGREEMENT is made and entered into this ___ day of _____ , 2020 ,
12 by and between the COUNTY OF FRESNO, a political subdivision of the State of California
13 (hereinafter "COUNTY") and McCall Investment Corporation , located at 2874 Whitmore Avenue,
14 Clovis, CA 93619, the developer for Site Plan Review No . 8101 (hereinafter "DEVELOPER").
15 WITNESSETH
16 WHEREAS , on September 30, 2014, the Fresno County Board of Supervisors adopted
17 the Mitigated Negative Declaration prepared for Initial Study Application No. 6736 including the
18 Mitigation Monitoring and Reporting Program prepared for General Plan Amendment No . 53 7
19 and Amendment Application No . 3799; and
20 WHEREAS , said Initial study application identified pro rata share percentages and
21 estimated costs for off-site traffic improvements as a mitigation measure listed in Exhibit "A ''
22 (Mitigation Monitoring and Reporting Program); and
23 WHEREAS , Mitigation Measure No. 4 of the Mitigation Monitoring and Reporting
24 Program requires that the DEVELOPER enter into an agreement with the COUNTY to provide
25 for funding of the traffic impact fees prior to the issuance of a building permit for development
26 associated with Amendment Application No . 3799 ; and
27 WHEREAS, the Board of Supervisors , as required by Fresno County Ordinan ce
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21st January
19-1417 Agreement No. 20-043
1 Code section 17.88.120, has by resolution on July 17, 2014, after noticed public hearing and
2 following all other procedures required by law, established the amount of the traffic impact fees
3 for General Plan Amendment No. 537, Amendment Application No. 3799 , and Initial Study
4 Application No. 6736 ("Traffic Impact Fee"); and
5 WHEREAS, DEVELOPER will be required to pay the Traffic Impact Fee prior to the
6 issuance of a building permit for any development on the subject property.
7 NOW THEREFORE , the parties hereto agree as follows :
8 1. DEVELOPER shall pay the Traffic Impact Fee in the amount of $8,788.00.
9 2. In addition to the amount in Paragraph 1, DEVELOPER shall pay three percent (3%)
10 of the amount to the COUNTY for administration of the Public Facilities Fee Fund .
11 3. If payment of the Traffic Impact Fee is not made at the time of issuance of
12 building permits, payment shall be made prior to occupancy of the project improvements. In that
13 case, as a condition of issuan ce of building permits without payment of the pro rata mitigation
14 fee , DEVELOPER shall execute a separate covenant with the COUNTY acknowledging the
15 requirement for payment of the mitigation fee as a condition of occupancy.
16 4. The amount of fee shall be adjusted on January 15 annually beginning in 2020 by a
17 percentage equal to the change in the Engineering News Record Construction Cost Index for 20
18 Cities for the preceding year as published in the Fourth Quarterly Cost Issue in the preceding
19 December.
20 5. The Traffic Impact Fee shall be imposed and collected in accordance with
21 Section 66000 et seq. of the California Government Code and Chapter 17.88 of the Fresno
22 County Ordinance Code.
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1 6. NOTICES. The persons and their addresses having authority to give and
2 receive notices under this Agreement include the following:
3 COUNTY OF FRESNO DEVELOPER
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Director of Public Works and Planning
County of Fresno
2220 Tulare Street, 6th Floor
Fresno , CA 93721
McCall Investment Corporation
2874 Whitmore Avenue
Clovis, CA 93619
9 All notices between the COUNTY and DEVELOPER provided for or permitted under this
10 Agreement must be in writing and delivered either by personal service , by first-class United
11 States mail, by an overnight commercial courier service, or by telephonic facsimile t ransmission .
12 A notice delivered by personal service is effective upon service to the recipient. A notice
13 delivered by first-class United States mail is effective three COUNTY business days after
14 deposit in the United States mail , postage prepaid, addressed to the recipient. A notice
15 delivered by an overnight commercial courier service is effective one COUNTY business day
16 after deposit with the overnight commercial courier service , delivery fees prepaid, with delivery
17 instructions given for next day delivery, addressed to the recipient. A notice delivered by
18 telephonic facsimile is effective when transmission to the recipient is completed (but, if such
19 transmission is completed outside of COUNTY business hours , then such delivery shall be
20 deemed to be effective at the next beginning of a COUNTY business day), provided that the
21 sender maintains a machine record of the completed transmission . For all claims arising out of
22 or related to this Agreement, nothing in this section establishes, waives, or modifies any claims
23 presentation requirements or procedures provided by law, including but not limited to the
24 Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section
25 810).
26 7. VENUE AND GOVERNING LAW. Venue for any action arising out of or related to
27 this Agreement shall only be in Fresno County, California. The rights and obligations of the
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1 parties and all interpretation and performance of this Agreement shall be governed in all
2 respects by the laws of the State of California.
3 8 . SEVERABILITY. In the event any provisions of this Agreement are held by a court
4 of competent jurisdiction to be invalid , void , or unenforceable, the Parties will use their best
5 efforts to meet and confer to determine how to mutually amend such provisions with valid and
6 enforceable provisions, and the remaining provisions of this Agreement will nevertheless
7 continue in full force and effect without being impaired or invalidated in any way.
8 9. HEADINGS ; CONSTRUCTION; STATUTORY REFERENCES . The headings of
9 the sections and paragraphs of this Agreement are for convenience only and shall not be used
10 to interpret this Agreement. This Agreement is the product of negotiation between the Parties.
11 The language of this Agreement shall be construed as a whole according to its fair meaning and
12 not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to
13 be resolved against the drafting party shall not apply in interpreting this Agreement. All
14 references in this Agreement to particular statutes, regulations, ordinances or resolutions of the
15 United States, the State of California, or the County of Fresno shall be deemed to include the
16 same statute , regulation , ord inance or resolution as hereafter amended or renumbered , or if
17 repealed , to such other provisions as may thereafter govern the same subject.
18 10. LEGAL AUTHORITY. Each individual executing or attesting this Agreement hereby
19 covenants, warrants, and represents to the other Party : (1) that he or s he is duly authorized to
20 execute and deliver this Agreement on behalf of his or her respective Party in accordance with
21 the following : for the DEVELOPER , its articles of organization and operating agreement; and fo r
22 COUNTY, its governing legal authority; (2) that this Agreement is binding upon his or her
23 respective Party; and (3) that his or her respective Party is duly organized and legally existing in
24 good standing in the State of California .
25 11 . BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit
26 of, the successors and assigns of the Parties.
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1 12 . NO THIRD PARTY BENEFICIARIES . Notwithstanding anything else to the
2 contrary herein , the Parties acknowledge and agree that no other person , firm , corporation , or
3 entity shall be deemed an intended th ird-party benefic iary of this Agreement.
4 13 . COUNTERPARTS . This Agreement may be executed in two or more counterparts ,
5 each of which shall be deemed to be an original , and all of which taken together shall constitute
6 the same instrument.
7 14 . ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between
8 the DEVELOPER and COUNTY w ith respect to the subject matter hereof and supersedes all
9 previous Agreement negotiations , proposals , commitments , writings , advertisements ,
10 publications , and understanding of any nature whatsoever unless expressly included in this
11 Agreement.
12 IN WITNESS THEREOF , the parties have executed this Agreement on the date set forth
13 above .
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15 DEVELOPER:
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~natu~
Pri nt Name and Title
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Street Address
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City , State and Zip Code
FOR ACCOUNTING USE ONLY :
FUND : 0088
ORG : 1373
SUBCLASS : 34280
ACCOUNT: 1450
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COUNTY OF FRESNO :
Ern est Buddy Mendes , Ch airm an of th e Boa rd
of Sup e rvisors of the County of Fresno
ATTEST:
Bernice E . Seidel
Clerk to the Board of Supervisors
County of Fresno , State of California
By 'ds. ... IYI. -~ (\ A , ts
Deputy
Mitigation Monitoring and Reporting Program
Initial Study (IS) No. 6736/General Plan Amendment (GPA) Application No. 537/Amendment Application (AA) No. 3799
(Including Conditions of Approval and Project Notes)
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Mitigation Implementation Monitoring
Measure Impact Mitigation Measure Language Responsibility Responsibility Time Span
No.*
1. Aesthetics All outdoor lighting shall be hooded and directed so as to not App licant Applicant/Public As noted
shine toward adjacent properties and public streets. Works&
Planning
(PW&P)
2. Hydrology and Water The project shall be reviewed by the California Department of Applicant Applicant/ As noted
Quality Public Health (CDPH) Drinking Water Fie ld Operations Branch, California
which may require the Applicant to develo p a shared w ater Department of
system with any other developments and/or public water systems Public Health
proposed or existing in proximity to this site during the Site Plan
(CDPH )/PW&P
Reviews and as part of the domesti c water supply permit review
process.
3. Transportation/Traffic Prior to the issuance of building permits for t he uses allowed on Applicant Applicant/ As noted
C-2-zoned property, the Applicant shall enter into a Traffic Cal ifornia
Mitigation Agreement with the California Department of Department of
Transportation (Caltrans) agreeing to participate in the funding of Transportation/
future off-site traffic improvements as defined in item "a" below
PW&P
and pay for funding deemed appropriate by Caltrans on the
following pro-rata share:
a . The app licant shall pay $92,835.80 (3.13% of $2,966,000)
prior to occupancy for the lane configu ra tion improvements at
the State Route 180 and McCall Avenue inte rsection.
4 , Transportation/Traffic Prior to the issuance of building permits for th e uses allowed on Applicant Appl icant/ As noted
C-2-zoned property, the Applicant shall enter into a Traffic County Design
Mitigation Agreement with the County of Fresno agreeing to Division/PW&P
participate in the fund ing of future off-site traffic improvements as
defined in item "a" below and pay for funding deemed appropriate
by the County on the following pro-rata share:
a. The applicant shall oav $8,788.00 (1.2 5% of $540,800 olus
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$1,014.00 for preliminary engineering and $ 1,014.00 for
construction engineering) prior to occupancy for the Belmont
and McCall Avenues traffic signal and widen ing.
•. ,'.._i:-. .· ·:,: :_:_\/::-{7'} ~\(:~---~;:~:::~;\~ _-, }~~ig~~~t~{;.0:~-t~t.i~r~/ :-~---·--:~:~ ,:_·: __ ' _.: :: ,{; :·.~·-'' >( ;)_<;~-----------The subject property shall be limited to the following by-right uses listed in Section 834.1 (C-2 zone district) and 833.1 (C-1 zone
district):
• Automobile parts sales (new), automobile service stations, bicycle shops, building and loan offices, dance studios or dancing
academies, day nursery -commercial, furniture stores, garden supplies, health foods, offices (adminis trative, business , general ,
medical, professional), pet shops, post offices, radio and televis ion sales and service, restaurants, signs subject to provisions of
Section 834.5, stationery stores and libraries (Section 834.1 ).
• Bakery goods -retail sales only, bakeries -retail, barber sh ops, be auty shops, books, cleani ng and dye ing shops (retail on ly, dry
cleaning cloths in enclosed machines using non-inflammable cleaning compounds), dairy products, delicatessens, dry goods , florist
shops , fruit and vegetable stores, gift shops, hardware stores, ice cream, laundry and dry cleaning pick-up agencies for wo rk to be
done elsewhere, liquor products (packaged), meat markets, newspaper stands, offices (business, medical, professional), plant
nurseries, restaurants (serving wine or beer with meals only), signs subject to the provisions of Section 833.5-K, soft drink fountain,
sporting goods, temporary or permanent te lephone booths , tobacco products, and temporary stands (not more than 400 sq. ft. per
District) for the sale of farm produce subject to Section 855-N (Section 833.1 ).
The owner of the subject property shall record a document irrevocable ottering approximately the westerly 10 feet of the subject property
to the County of Fresno as future right-of-way for McCall Avenue (approx imately 43 feet ex isting) to provide a minimum half rig ht-of-way
of 53 feet The eastern line of said offer shall become the bas is for determining the building setback line for fu ture development.
Note: A preliminary title report or lot book guarantee is requi red before the irrevocable offer of dedication can be processed . The
owner is advised that where deeds of trust or any other type of monetary liens exist on the property, the cost of obtaining a partial re -
conveyance, or any other document required to clear title to the property, sha ll be borne by the owner or developer.
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The project proponent shall enter into an agreement with Fresno County in corporating the provisions of th e "Right-to -Fa rm" Notice
(Ordi nance Code Section 17 .40.100) for acknowledgement of the inconveniences and discomfort associated with normal farm activities
in the surround ing of the proposed development.
The applicant shall file a Property Line Adjustment (PLA) application to adjust property lines between the subject property and the
adjoining property to the east to create a 22 .53-acre parcel in the AE-20 zone district (m in imum 20 acres required). PLA must b e
completed prior to fina lizing the C-2 (c) lone District boundaries on the subject parcel.
Landscaping, including trees and shrubs, shall be provided and maintained along the south property line of the subject 5.22-acre portion
of the 13.06-acre pa rcel. A Landscaping and Irrigation Plan shall be submitted to and approved by Fresno County as part of the
mandatory Site Plan Review. Said Landscaping Plan shall in corporate a landscape buffer no less th an 15 feet in width, consisting of
evergreen shrubs and trees as approved by Fresno County's Department of Public Works and Planning placed in a manner to provide a
reasonable screening and buffer from State Route 180. All landscaping shall be planted prior to operation and maintained in healthy
condition.
6 . A maximum three (3) driveways off McCall Avenue shall be allowed for future developments on the property by the California
Department of Transportation (Caltrans) until such time the State Route 180 and McCall Avenue interchange is constructed. At that
time the sou\hernrnost driveway will need to be relocated or closed all together. Details of the proposed driveway locations will be
reviewed by the County of Fresno and Caltrans at the time .of formal site plan review submittal.
·MITIGATION MEASURE -Measure specifically applied to the project to mitigate potential adverse environmental effects idenlified in the environmental document and Conditions of Approval reference
recommended Conditions for the project.
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The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the project
Applicant.
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Prior to issuance of building permits, a Site Plan Review shall be submitted for approval by the Director of 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, but are not limited to, design of parking and circulation, access, grading and drainage, fire protection, noise, and contro l of
lighting.
Plans, permits and inspections are required for all structures allowed in the C-2(c) zone d istrict including, but not limited to, retaining
walls and other site improvements.
Should a retail food establishment be proposed, prior to issuance of building permits, the tenant shall submit complete food
facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division, for review and
approval. Contact the Consumer Food Protection Program at (559) 600-4058 for more information.
Prior to operation, future tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the
California Alcoholic Beverage Control Department at (559) 225-6334 for more information.
Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tena nt with such uses is proposed, then
prior to occupancy, the Applicant shall complete the online Hazardous Materials Business Plan submittal
(https://www.fresnocupa.com/ or http://cers.calepa.ca.gov/). Contact the Certified Un ified Program Agency at (559) 600-3271 for
more information.
All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code,
Division 20, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes.
Certain uses allowed may utilize underground storage tank systems. If a tenant w ith such uses is proposed, the n prior to the
issuance of building permits the tenant shall submit three (3) sets of complete plans and specifications regarding the installation
of any underground storage tanks to the Fresno County Department of Public Health, Environmental Health Division . Contact
the Certified Unified Program Agency at (559) 600-3271 for more information.
Certain uses allowed may utilize aboveground petroleum storage tanks. A spill prevention control and countermeasure plan
(SPCC ) is requ ired for aboveground petroleum storage tanks with greater than or equal to 1320 gallons of storage capacity .
~(Storage capacity means the amireqate capacity of all aboveqround tanks and containers at a tank facility .)
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Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical
Waste Management Program. Call (916} 449-5671 for more information.
The Applicant should be advised that the State of California Public Resources Code, Divi sion 30: Waste Management, Chapter 16:
Waste T ire Facilities , and Chapter 19: Waste Tire Haule rs will require the Owner/Operator to obtain a Tire Program Identifi cation
Number (TPID) and possibly a waste and used t ire hauler permit from the California Department of Resources Recycling and Reco ve r y
(CalRecycle). Contact the local Tire Enforcement Agency at (559) 600-3271 for additional infor mation.
All water wells (not intended for use by the project) and septic systems th-at exist or have been abandoned w ithin the project area shall
be properly destroyed by an appropriately-licensed contractor.
Should any abandoned underground petroleum storage tank(s) be found during the project, the Applican t sha ll apply for and secure a n
Underground Storage Tank Removal Permit from the Fresno County Department of Pu blic Health, Environmental Health Division .
Contact the Certified Unified Program Agency at (559) 600-3271 for more inform ation.
According to the San Joaquin Valley Air Pollution Control District (Air District), fu t ur e commercial deve lopments on the property may be
subject to District Ru le 9510 (Indirect Source Review), District Regu lat ion VIII (Fugitive PM 10 , Prohibitions), Ru le 4102 (Nu isance), Rul e
4601 (Architectural Coatings), Rule 4641 (Cutback, Slow Cure, and Emulsified Asph a lt Paving and Maintenance Operat ions), and
District Rule 4002 (National Emi ssion S1andards for Hazardous Ai r Pollutants). Contact the Air District's Small Busi ness Assi stance
Office at (559) 230-5888 for information.
According to the Development Engineering Section (Deve lopment Services Division):
• On-site turnarounds shall be provided for vehicles leaving the site to enter McCall Avenue in a forwa rd moti on.
• No new access points are allowed without prior approval.
Contact Development Engineering at (559) 600-4022 fo r info rmation.
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