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HomeMy WebLinkAboutAgreement A-21-168 with Westlands Transmission LLC.pdf1 2 3 4 5 6 7 8 9 10 11 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 UNCLASSIFIED CONDITIONAL USE PERMIT NO . 3650 TRAFFIC IMPACT FEES 12 THIS AGREEMENT is made and entered into this 11th day of May, 2021 , by and between the 13 COUNTY OF FRESNO , a political subdivision of the State of California (hereinafter "COUNTY") and 14 Westlands Transmission , LLC , a California corporation , located at 4700 Wilshire Boulevard, Los 15 Angeles , CA 90010 , the developer for Unclassified Conditional Use Permit No . 3650 (hereinafter 16 "DEVELOPER"). COUNTY and DEVELOPER may be referred to herein individually as a "Party" and 17 collectively as "Parties." 18 WITNESS ETH 19 WHEREAS , on November 14, 2019 the Fresno County Planning Commission approved 20 Unclassified Conditional Use Permit No. 3650 and Initial Study Application No . 7635 ; and 21 WHEREAS , said Initial Study Application contained a Transportation Impact Study (TIS) that 22 identified mitigation measures related to traffic impacts; and 23 WHEREAS , mitigation measure No. 3 requ i res that the DEVELOPER enter i nto an agreement 24 with the COUNTY to provide for funding of the traffic impact fees prior to the issuance of a building 25 permit for development associated with Unclassified Conditional Use Permit No. 3650 ; and 26 WHEREAS , the Board of Supervisors , as required by Fresno County Ordinance Code section 27 17.88.120, has by resolution on May 11 , 2021, after noticed public hearing and following all other 28 1 Agreement No. 21-16821-0247 1 procedures required by law, established the amount of the traffic impact fees for Unclassified 2 Conditional Use Permit No. 3650 (''Traffic Impact Fee"); and 3 WHEREAS , DEVELOPER will be required to pay the Traffic Impact Fee prior to the issuance of 4 a building permit for any development under Unclassified Conditional Use Permit No. 3650 . 5 NOW THEREFORE , the parties hereto agree as follows: 6 1. DEVELOPER shall pay the Traffic Impact Fee for Unclassified Conditional Use Permit No . 7 3650 in the amount of $81 ,099 .00 as shown in Exhibit A to this Agreement, prior to the issuance of a 8 building permit for any development under Unclassified Conditional Use Permit No . 3650 . 9 2 . In addition to the amount in Paragraph 1, DEVELOPER shall pay three percent (3%) of the 1 O amount shown in Exhibit A to the COUNTY for administration of the Traffic Impact Fee Fund. 11 3. The amount of Traffic Impact Fee shall be adjusted on January 15 annually beginning in 12 2022 by a percentage equal to the change in the Engineering News Record Construction Cost Index for 13 20 Cities for the preceding year as published in the Fourth Quarterly Cost Issue in the preceding 14 December. 15 4 . NOTICES. The persons and their addresses having authority to give and receive notices 16 under this Agreement include the following: 17 COUNTY OF FRESNO 18 Director of Public Works and Planning 19 County of Fresno 20 2220 Tulare Street, 6th Floor 21 Fresno , CA 93721 DEVELOPER Westlands Transmission LLC, a California Corporation 4700 Wilshire Boulevard Los Angeles , CA 90010 22 All notices between the COUNTY and DEVELOPER provided for or permitted under this 23 Agreement must be in writing and delivered either by personal service, by first-class United States mail , 24 by an overnight commercial courier service, or by telephonic facsimile transmission . A notice delivered 25 by personal service is effective upon service to the recipient. A notice delivered by first-class United 26 States mail is effective three COUNTY business days after deposit in the United States mail , postage 27 prepaid , addressed to the recipient. A notice delivered by an overnight commercial courier service is 28 effective one COUNTY business day after deposit with the overnight commercial courier service, 2 1 delivery fees prepaid, with delivery instructions given for next day delivery , addressed to the recipient. 2 A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed 3 (but, if such transmission is completed outside of COUNTY business hours , then such delivery shall be 4 deemed to be effective at the next beginning of a COUNTY business day), provided that the sender 5 maintains a machine record of the completed transmission . 6 For all claims arising out of or related to this Agreement , nothing in this section establishes , 7 waives , or modifies any claims presentation requirements or procedures provided by law , including but 8 not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code , beginning 9 with section 810). 10 5 . VENUE AND GOVERNING LAW. Venue for any action arising out of or related to this 11 Agreement shall only be in Fresno County , California. The rights and obligations of the parties and all 12 interpretation and performance of this Agreement shall be governed in all respects by the laws of the 13 State of California . 14 6 . SEVERABILITY . In the event any provisions of this Agreement are held by a court of 15 competent jurisdiction to be invalid , void, or unenforceable , the Parties will use their best efforts to meet 16 and confer to determine how to mutually amend such provisions with valid and enforceable provisions , 17 and the remaining provisions of this Agreement will nevertheless continue in full force and effect without 18 be ing i mpaired or invalidated in any way . 19 7 . HEADINGS ; CONSTRUCTION ; STATUTORY REFERENCES . The headings of the 20 sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret 21 th is Agreement. This Agreement is the product of negotiation between the Parties . The language of 22 th is Agreement shall be construed as a whole according to its fair meaning and not strictly for or against 23 any Party . Any rule of construction to the effect that ambiguities are t o be resolved against the drafting 24 Party shall not apply in interpreting this Agreement. All references in this Agreement to particular 25 statutes , regulations , ordinances or resolutions of the United States , the State of California , or the 26 County of Fresno shall be deemed to include the same statute , regulation , ordinance or resolution as 27 hereafter amended or renumbered , or if repealed , to such other provisions as may thereafter govern 28 the same subject. 3 1 8. LEGAL AUTHORITY. Each individual executing or attesting this Agreement hereby 2 covenants , warrants , and represents to the other Party: (1) that he or she is duly authorized to execute 3 and deliver this Agreement on behalf of his or her respective Party in accordance with the following: for 4 the DEVELOPER , 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 his or 6 her respective Party is duly organized and legally existing in good standing in the State of California . 7 9. BINDING EFFECT . This Agreement shall be binding upon , and inure to the benefit of, the 8 successors and assigns of the Parties . 9 10. NO THIRD PARTY BENEFICIARIES . Notwithstanding anything else to the contrary herein , 1 O the Parties acknowledge and agree that no other person, firm , corporation , or entity shall be deemed an 11 intended third-party beneficiary of this Agreement. 12 11 . COUNTERPARTS. This Agreement may be executed in two or more counterparts , each of 13 which shall be deemed to be an or iginal , and all of wh ich taken together shall constitute the same 14 instrument. 15 12 . ENTIRE AGREEMENT . This Agreement constitutes the entire agreement between the 16 DEVELOPER and COUNTY with respect to the subject matter hereof and supersedes all previous 17 Agreement negotiations , proposals , commitments , writings , advertisements , publications , and 18 understanding of any nature whatsoever unless expressly included in this Agreement. 19 (Signature page follows.) 20 21 22 23 24 25 26 27 28 4 1 IN WITNESS THEREOF, the Parties have executed this Agreement on the date set forth above. 2 3 DEVELOPER: 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 FOR ACCOUNTING USE ONLY : FUND: 0088 5 By : _ ___:_ _ __.__ ________ _ Steve Brandau , Chairman of the Board of Supervisors of the County of Fresno ATTEST : Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno , State of California By: °''"'·' I ~ Deputy CIVIL CODE§ 1189 CALIFORNI A ALL-PURPOSE ACKNOWLEDGMENT ._.,..: . .,_.,..: ____ ,..:~-----·----·-·· -.-:...----·-····-·-·-· ...... :.. .. ·.:_._._. __ :·:.:--~:..~.--·-·-.. ;,_.: __ .. :... .. ,..:.; __ .__: ______ . __ ._ . .:._-_ .;...--:...--~··_.· _____ :..:. -· :;._ --·--.;._ . ..:·.:_._. -·-·----··. ·---.. :... A notary public or other officer completing this certificate verifies onl y the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy , or validity of that document. State of California County of Los Angeles } c27, Qm( Date I before me, __ M'-'-'-'-A'-"'G'---=G'"'"'I E:....:.;..M:....;:U'"""R"---A=D=IA"""N"""','-'N-'-'o"--'t=a'-'ry"""P...;;u=b-'-'-li-=-c ______ _ Here Insert Name and Title of the Officer personally appeared JEAl;,//Ffe G111v01 ll,1--------- Name(s) of Signer(s) Who provedtomeonthe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. Place Notary Seal and/o r Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gnature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc~QJ~iL-1 l. da ~ -!' _ t Cent£:/i0r,al J,& ~'1,,1/7~;__-/ TitleorTypeofDocument: H~ Wl ~W DocumentDate: ____________________ Numberof Pages: ___ _ Signer(s ) Other Than Named Above : ______________________ _ Capacity(ies) Claimed by S!,gner(s) G, 'I\ )A 1 Signer 's Name : .:[&!;Vi(~ /J;tv?,)Jiv ~orporate Officer -Title(s ): __,,_16..c.•_,_f _, ___ _ D Partner-• Limited • General D Individual • Attorney in Fact • Trustee • Guardian of Conservator D Other: Signer is Representing : ________ _ Signer 's Name: D Corporate Officer -Title (s): ______ _ D Partner-• Limited • General D Individual • Attorney in Fact • Trustee • Guardian of Conservator D Other : Signer is Representing: ________ _ -·-·--·---·-_ .. __ ._ ·_·. · .. _ ... ·. -.. _._-_:_ --~--.-.-_ -... _ .. --.. ·_· _·· .. ;· -· .. , _· .. -· _:._·_·. -~----_·_ -.,-.---·..:.··_-: .:.--_ -_". -·:...··. -~-·_•. ~--._ .. -.-·. ·. -._·_ ·--. ·. •. -.-·-.··. ·: ·_ ,. ~--· ~·-~--.. ©2018 National Notary Association MEMORANDUM To: From : Date: Bert Verrips , AICP Tim Miller, P.E. October 3 , 2019 EXHIBIT A Subject: Jayne Avenue Pavement Study -Fair Share Roadway Improvements Attributable to the Construction of the Fresno County Segments of the Jayne Avenue Gen-Tie Line The construction of three solar projects in Kings County and the associated gen-tie line in Kings and Fresno County ("projects ") will bring additional construction traffic to a portion of Jayne Avenue between CA-33 near Coalinga and the Fresno County/Kings County line. The Jayne Avenue Pavement Evaluation Report (October 3, 2019) recently prepared by Kimley-Horn and Associates examined existing pavement conditions along the corridor and suggested specific roadway maintenance and repair (M&R) applications over the next 10 years . To address wear and tear from all projected truck traffic on the Jayne Avenue study segments , the report identified a total need of $3 ,553 ,198 in 2019 dollars to enact a pavement M&R program over the next 10 years to maintain pavement conditions . The objective of the M&R program is to implement pavement maintenance and repair actions that in 10 years will result in roadway conditions that are essentially the same as current roadway conditions along the study segments . The report calculated the proportionate share of truck traffic generated by the projects over the 10-year study period, and estimated that the fair share project contribution to the overall M&R program is $712 ,041 for the Aquamarine, Chestnut , Solar Blue, and gen-tie projects, a figure that is approximately 20 .0% (= $712,041 I $3,553,198) of the total roadway M&R cost over the 10-year study period . In estimating the projects' contributions to overall wear and tear on the roadway , gen-tie traffic volumes were separated from the solar project-related construction traffic . Truck traffic generated by the solar projects and the gen-tie project was quantified by determining the number of additional equivalent single axle loads (ESALs) attributable to the projects. Based on the methodology described in the pavement evaluation report, the ESALs due to project and gen-tie traffic are calculated and summarized in Table 1. Gen-tie traffic accounts for approximately 25 .2% of the total project traffic , so the total contribution of gen- tie traffic is estimated at $179,454 (= 25.2% x $712,041). Table 1. ESAL Contributions Contributor Trucks Total ESALs % ESALs Total Projects 23 ,860 115 ,300 74 .8% Gen-Tie (Fresno and Kings) 7,770 38,850 25.2% Total 31 ,630 154 ,150 100 .0% Gen-tie traffic primarily involves the transport of materials and monopoles along the gen-tie corridor, and overall truck traffic is estimated based on truck trips per monopole times the number of monopoles . Therefore, in order to determine the Fresno County share of gen-tie truck traffic, the number of kimley-horn.com 555 Capitol Mall , Suite 300, Sacramento, CA 95814 916.571 .1015 I monopoles in Fresno County (47 , which includes 3 poles to be constructed by PG&E) was divided by the total number of monopoles for the entire gen-tie project (104). The Fresno County share is 45 .2% (;;;: 47 / 104) of total project monopoles and thus the Fresno County portion of gen-tie M&R cost attributable to the Fresno County gen-tie segments is be estimated to be $81 ,099 (;;;: $179,454 x 45 .2%). Similarly, the Fresno County gen-tie portion of the entire project fair share is estimated to be 11.4% (;;;: $81 ,099 / $712 ,041). As it relates to the total volume of truck traffic utilizing Jayne Avenue over the 10 -year study period (including baseline traffic and all solar and gen-tie project truck traffic), expressed in terms of the corresponding cost of the M&R program over that period , the Fresno County gen-tie contribution is estimated to be 2.3% (;;;: $81,099 / $3 ,553 ,198). Fresno County-Summary of Estimated Maintenance and Repair (M&R) Fees for WSP Cluster 8 Projects -From Kimley-Horn Studies -Oct. 2019 (as accepted by County of Fresno and Kings County) 11-18-20 Jayne Avenue Pavement Evaluation Report (Final Report) -October 3, 2019. Based on final County direction on analysis methodology, this report arrived at a total fair-share M&R cost attributable to all Cluster 8 projects and the gen -tie to Gates Substation of $712,041. Jayne Avenue Memorandum -Fair Share Roadway Improvements Attributable to the Construction of the Fresno County Segments of the Jayne Avenue Gen-Tie Line (Final)-October 3, 2019. Based on the Pavement Evaluation Report (above), this Memo identified the total fair share M&R cost attributable to construction of the entire 15-mile long Gen-Tie line (Fresno and Kings County segments) to be $179,454. The proportionate share attributable to the Fresno Gen-Tie segments only was determined to be $81,099. Fresno County Planning Commission Approval Resolution for UCUP for Construction of Fresno County Segments of the Gen-Tie-November 14, 2019. Mitigation Measure #3 requires payment of the $81,099 fair- share M&R cost for the Fresno County Gen -Tie segments prior to issuance of Building Permits for construction of the Fresno County Gen-Tie segments . The Resolution cites the total M&R cost for the entire Gen-Tie line of $179,454. The Resolution also references the Kimley-H _orn Pavement Report and Fair-Share Memorandum (see above) as the source for these fee amounts, indicating acceptance of the report and memo as the basis of the fee amounts for Cluster 8 solar projects and the Gen-Tie line. Calculation of Fair-Share M&R Fees for Cluster 8 Solar Projects and Kings County Gen-Tie. The fair-share fee amounts for the Cluster 8 solar projects and the Kings County Gen-Tie segments were calculated as follows: Kings County Gen-Tie Segments Total Calculated Gen-Tie M&R Cost: $179,454. Minus M&R Fees for Fresno County Gen-Tie: $81 ,099. Rema ining M&R Fees Attributable to Kings County Gen-Tie : $98,355. Cluster 8 Solar Projects Total Calculated M&R fees for Cluster 8 projects and Gen-Tie: $712 ,041 . Subtract Total M&R Fees Attributable to Gen-Tie Line: 179,454. Remaining M&R Fees Attributable to Cluster 8 Solar Projects: $532,587 . Total Mega Watts in Cluster 8 Projects: M&R Fees per MW: 1 650MW $819.365 Calculated Fees for Cluster 8 Projects: Aquamarine: 250 MW X $819.365 = $204,841. Solar Blue : 250 MW X $819.365 = $204,841. Chestnut: 150 MW X $819.365 = $122,905. Amounts Payable to Fresno County for M&R Fees Separate payments for each, as follows: Fresno County Gen-Tie = $81,099 .00 (Payable to Fresno County prior to issuance of Fresno County Building Permit for Fresno County Gen-Tie segments.) Aquamarine Solar and Kings County Gen-Tie = $303,196.00 (Payable to Fresno County prior to issuance of Kings County Building Permits for Aquamarine Solar and Kings County Gen-Tie segments .) 2 Instructions for Check Payments to Fresno County for Fair-Share M&R Fees -11/18/20 Check#l Make out the check to : County of Fresno Check Amount: $81,099.00 Memo Portion: "UCUP No . 3650 ; Mitigation Measure 3. Transportation" Transmittal Memo : "Payment of $81,099 to satisfy Fresno County Planning Commission condition of approval for Unclassified Conditional Use Permit No. 3650, specifically Mitigation Measure No. 3 (Transportation), approved by Resolution No . 12803 , on November 14, 2019 ." Check #2 Make out the check to : County of Fresno Check Amount: $303,196.00 Memo Portion : "Kings County CUP No .17-04; Mitigation Measure TR-1a(d)" Transm ittal Memo: "Payment of $303,196 to satisfy Kings County Planning Commission condition of approva l for Conditional Use Perm it No . 17-04 (Aquamarine Solar Project and Gen-Tie Line), specifically Mitigation Measure TR-1 a(d), approved by Resolution No. 19-02 , on September 9, 2019 ." Mail (via Certified or Registered Mail) To : County of Fresno 2200 Tulare Street, 6th Floor Fresno, CA 07721 Attention : Mr . Hector Luna , Site Plan Review Mitigation Measure No.* 1. Impact Air Quality Mitigation Monitoring and Reporting Program Supplemental Initial Study Application No. 7635 Unclassified Conditional Use Permit No. 3650 (Including Conditions of Approval and Project Notes) Mitigatio'n,Measur~s Mitigation Measure Language The following dust control measures of SJVAPCD shall be implemented during construction and decommission to reduce construction PM10and PM2.s to less than 15 tons per year: o Effective dust suppression (e.g., watering) for land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities. • Effective stabilization of all disturbed areas of a construction site, including storage piles, not used for seven or more days. o Control of fugitive dust from onsite unpaved roads and offsite unpaved access roads. • Removal of accumulations of mud or dirt at the end of the workday or once every 24 hours from public paved roads, shoulders, and access ways adjacent to the site. • Cease outdoor construction activities that disturb soils during periods with high winds. • Record keeping for each day dust control measures are implemented. • Limit traffic speeds on unpaved roads to 15 mph. o Install sandbags or other erosion control measures to prevent silt runoff to public roadways. • Landscape or replant vegetation in disturbed areas as quickly as possible. f'._.,~ ~ Implementation Responsibility Applicant f'. ••~. i;"'A'. i:_ ..... ~l •• c~:_-;f._ ,,' ~ -:, ~: Monitoring Responsibility Applicant/Fresno County Department of Public Works and Planning (PW&P)/San Joaquin Valley Air Pollution Control District (SJVAPCD) .,'.->;;. Time Span During all ground-disturbing activities m X :::c co =i co • Prevent the tracking of mud or dirt on public roadways by limiting access to the construction sites. If necessary, use wheel washers for all exiting trucks, or wash off the tires or tracks of all trucks and equipment leaving the site. c_\ • Suspend trading activity when winds (instantaneous gusts) exceed 25 mph or dust clouds cannot be prevented from extending beyond the site. 2. Air Quality The following measures shall be implemented during Applicant ApplicanUPW&P/ During all construction to reduce construction emissions of nitrogen oxides SJVAPCD ground-to less than 10 tons per year: disturbing activities • Develop a plan to use construction equipment with low nitrogen oxides emissions. This may include the use of equipment that meets US EPA Tier 3 standards (and equipment that meets Tier 4 standards, if available). • Set idling time limit of 5 minutes or less for construction equipment. • Evaluate the feasibility of a work shuttle or carpool program to reduce emissions from worker travel. • Evaluate the feasibility of methods to reduce truck travel for delivery of equipment by reducing the number of necessary truck trips. • For any solar project for which the project-specific air quality analysis shows that the above mitigations will not be sufficient to reduce a project's construction emissions of NOx below 10 tons per year, the project Proponent shall execute a Voluntary Emissions Reduction Agreement (VERA} with SJVAPCD, which provides for further reduction of construction NOx to reduce the project's NOr. emissions to less than 10 tons per year. 3. Transportation :Prior to the issuance of building permits, the Applicant shall Applicant Applicant/PW&P Prior to _,implement its fair share of agreed-upon roadway improveme_nts _: the · or contribute its fair-share of funding to undertake such issuance improvements. The cost of impacts for the gen-tie line is of building $179,454.00. Of that 1;1mount, approximately 47% of the impacts, ·•occur during construction of the Fresno County side of the gen-permits tie and require payment of impact fees in the amount of • :$81,099.00.; . ... ' -' •· ... ' ' · · · Co.nditions of Approval • · .. · . -· ;. :. -~;,-/, . :: '. : ··. '' _.-,. ·., : ,,.·. : • ·/ -. :"'(/' :>: · .. l. • •• • ; 1. Development of the property shall be in accordance with the Site Plans, Elevations, and Operational Statement approved by the Planning Commission. 2. All Mitigation Measures identified as necessary by the Program EIR approved by Westlands Water District on January 18, 2018 (SCH #2013031043) to reduce impacts from the gen-tie portion of the project shall be implemented. 3. The transmission towers shall be sited such that existing trees provide adequate screening. Narrow profile poies shall be used lo further reduce visual impacts from the addition of new industrial features. 4. All lighting, including temporary installations, shall be hooded and pointed away from adjacent properties and the road right-of-way. 5. Prior to occupancy, the project proponent shall enter into an agreement with Fresno County incorporating the provisions of the "Right-to-Farm" Notice (Ordinance Code Section 17.40.100) for acknowledgement of the inconveniencies and discomfort associated with normal farm activities in the surrounding of the proposed development. 'MITIGATION MEASURE -Measure specifically applied lo the project to mitigate potential adverse environmental effects identified in the environmental document. Conditions of Approval reference required Conditions for the project ... a . ' .. ....... :; ;'_· -~:,,·: /,, . .,: .:_,..·_:--' ~-N;te~: . ·f.:\-·j_,.._:·, ;~;,;.,: :./\0• ."/ ':•-'\·: t.:/ ~:·.:}, .'.-/ ,<_·;J,~ \~:<:·/it/t>_"' .. . :. :,._,_';/ ~:~ ·\ \~·-' ,· ':' J. i !: .-~; •·· -.. ... The following Notes reference mandatory requirements of Fresno County or other Agencies and are provided as information to the project Applicant. 1. Unclassified Conditional Use Permit (CUP) No. 3650 shall become void unless there has been substantial development within two years of the effective date of approval. 2. Plans, permits, and inspections are required for the proposed improvements. Contact the Building and Safety Section of the Fresno County Department of Public Works and Planning at (559) 600-4540 for permits and inspections. 3. All survey monumentation -property corners, section corners, County benchmarks, Federal benchmarks, and triangulation stations, etc. -within the subject area shall be preserved in accordance with Section 8771 of the Professional Land Surveyors Act and Section 67j0.2 of the Professional Engineers Act. 4. An encroachment easement from California Department of Transportation (Caltrans) will be required for the Gen-tie crossing at State Route 269. 5. Encroachment permits from the Fresno County Departmentof Public Works and Planning Road Maintenance and Operations Division will be required where overhead facilities cross the County right-of-way. 6, Setbacks and easements should consider the ultimate right-of-way along Jayne Avenue of 60 feet. CMM:ksn G:\4360Devs&Pln\PROJSEC\PROJDOCS\CUP\3600-3699\3650\RESOLUTION\CUP 3650 MMRP (Ex B).docx