Environmental Impact Evaluation 4.10 Land Use and Planning
Carmelita Mine and Reclamation Project
Draft EIR 4.10-1 10/03/2011
4.10 LAND USE AND PLANNING
4.10.1 Introduction
This section of the DEIR provides a description of the current land use environment on the
Project Site and in the vicinity, and evaluates the Proposed Project’s compatibility with the
Fresno County General Plan and development goals. Included is an analysis of potential land use
impacts within the context of community continuity and local and regional land use and
conservation plans. It is based on information provided in Land Use and Planning Environmental
Assessment, Benchmark Resources, July 2010 and Carmelita Project EIR. The County and its
EIR preparer conducted a peer review of this assessment and prepared its own independent
analysis and conclusions, which are contained in Technical Report Review, Land Use and
Planning, Lilburn Corporation, August 2010. These reports appear as Appendices K-1 and K-2,
respectively, of this DEIR. The analysis also incorporates revisions to the project description
submitted to the County by the Applicant in May 2011 (see Chapter 1.0, Introduction and
Chapter 3.0, Project Description).
4.10.2 Environmental Setting
The Proposed Project is located in Fresno County. U.S. Census population data for 2010 shows
the County has 930,450 of the State’s 37,253,956 residents (U.S. Census Bureau 2010).
The Project Site is located in an unincorporated area of Fresno County. The Project Site is
generally located south of SR 180, east of the Kings River and west of Reed Avenue; it is
approximately 25 miles east of the City of Fresno, approximately 6 miles east of the City of
Sanger, and approximately 5 miles north of the City of Reedley. Development in the area
consists primarily of rural farming (single-story residential buildings and farm related structures),
limited commercial, municipal facilities (schools and an airport), and residential subdivisions
associated with the towns of Sanger and Reedley (refer to Figure 3-2, Site Location).
The Project Site has a Fresno County General Plan designation of Agriculture and a zoning
designation of AE-20 (Exclusive Agriculture, 20-acre minimum lot size). The Project Site is
currently being used to grow peaches, plums, and nectarines, and has been used for farming and
related activities over the past 30 years. In addition to stone fruit orchards, the site includes a
packing plant, truck yard and shop, truck loading areas, ranch office, and storage yards. One
residence (under purchase option) is also present. Other operating infrastructure for the tree fruit
business, in addition to the roadways, includes surface water distribution canals and ditches, and
water wells.
Regional and Surrounding Land Uses
The majority of Fresno County’s land use distribution is divided between agricultural and
resource conservation areas (national forests and parks and timber preserves). Although the City
of Fresno ranked as the fifth largest city in California in 2010, urbanized land uses represented
only 5.46 percent of County land in the year 2000 (see Figure 4.10-1 - Existing Land Use
Distribution and Table 4.10-1 - Summary of Existing Land Use by Generalized Land Use
Categories).
Environmental Impact Evaluation 4.10 Land Use and Planning
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Draft EIR 4.10-3 10/03/2011
Table 4.10-1 Summary of Existing Land Use by Generalized Land Use Categories
Fresno County
Generalized Land Use Category Square Miles Percent
Residential 152 2.56%
Commercial 7 0.12%
Industrial 11 0.19%
Agriculture 2,911 49.03%
Resource Conservation
(including national forests and parks, timber preserves) 2,691 45.32%
Unclassified (includes streets and highways, rivers, etc.) 11 0.19%
Incorporated Cities 154 2.59%
TOTAL 5,937 100.00%
Source: Fresno County General Plan Background Report, 2000.
While updated land use statistics are not currently available, 2010 population counts from the State Department of Finance show the number of residents in Fresno County as a whole increased 19.3 percent, while population in unincorporated areas increased by only 6.3 percent. By contrast, the cities of Clovis, Fowler, Kerman and Orange Cove grew by over 40 percent.
Both large and small farms with grape, tree fruit, walnut, open pasture, and rural home sites surround the Project Site. A winery is located to the east on Reed Avenue, and an agricultural research facility is located to the north on the south side of Annadale Avenue. Byrd Slough, a tributary splay of the Kings River borders portions of the Project Site to the west (see Figure 3-4 - Site and Surrounding Land Use). The area directly to the north of the Project Site (north of Annadale) is a part of the same farm and is currently planted in stone fruit orchards. The area to the south is partially the same farming operation with three residences on the north side of Central and three residences on the south side of Central. Reed Avenue lies to the east of the Project Site, where the farming operation continues to the northeast. The Cella Winery operates directly east and southeast. Fink Ditch, which runs north and south through the Project Site, transports irrigation water from an area along Byrd Slough north of the Project Site. Table 4.10-2 summarizes existing land uses and General Plan designations for the Project Site and surrounding areas.
Table 4.10-2
Existing and General Plan Land Use Designations
Direction Existing Land Use General Plan Designation*
Project Site Agriculture Agriculture,
Mineral Resource Zone 2a
North Agriculture Agriculture,
Mineral Resource Zone 2a
South Agriculture, Residential,
Airport
Agriculture,
Mineral Resource Zone 2a
West Byrd Slough, Open Space,
Agriculture, Residential
Agriculture, Open Space,
Mineral Resource Zone 2a
East Agriculture Agriculture,
Mineral Resource Zone 2a
* General Plan Designations are from the Fresno County General Plan 2000.
4.10 Land Use and Planning Environmental Impact Evaluation
Carmelita Mine and Reclamation Project
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4.10.3 Applicable Policies, Plans and Regulations
4.10.3.1 Local
Surface Mining and Reclamation Act (SMARA)
The State agencies that implement SMARA are the Department of Conservation’s Office of
Mine Reclamation and the State Mining and Geology Board. However, at the local level,
California employs a “lead agency” system to regulate surface mining activities. The lead agency
responsible for regulating mining is generally a county or city. Fresno County is the lead agency
for purposes of the Proposed Project.
The proposed Mine and Reclamation Plan for the Proposed Project has been prepared in
accordance with the Regulations for Surface Mining and Reclamation in All Districts (Section
858 of the Fresno County Zoning Ordinance), SMARA, and associated SMARA regulations
adopted by the State Mining and Geology Board. SMARA requires that a lead agency’s land-use
decisions involving the designated area is made in accordance with its mineral resource
management policies and that the lead agency consider the importance of the mineral resource to
the region as a whole and not just the lead agency’s area of jurisdiction. A primary component of the Reclamation Plan is to include provisions for the maintenance of water and air quality standards and the minimization of potential flooding, erosion, and damage to wildlife and aquatic habitats caused by surface mining. The final step in the reclamation process where feasible, is topsoil replacement and revegetation with suitable plant species.
In 1986, the State of California classified the project area as a Mineral Resource-2 (MRZ-2) in
the Kings River area. MRZ-2 zones are areas where adequate information indicates that
significant mineral deposits are present, or where it is judged that there is a high likelihood for
their presence. Fresno County incorporated the MRZ-2 classification into the Mineral Resources
Unit of the Open Space/Conservation Element of the General Plan in 1987. In 1988, the State
also took the additional step of designating the Project Site as having construction grade
aggregate deposits that are of regional significance.
Regulations for conducting surface mining and reclamation are applicable in all Fresno County land use zones. Mineral resources extraction is subject to a conditional use permit (CUP). In carrying out SMARA, the County of Fresno has adopted the following General Plan goals and policies (among others) for the conservation of areas containing significant mineral deposits and for their orderly development:
Goal OS-C To conserve areas identified as containing significant mineral deposits and oil and
gas resources for potential future use, while promoting the reasonable, safe, and
orderly operation of mining and extraction activities within areas designated for
such use, where environmental, aesthetic, and adjacent land use compatibility
impacts can be adequately mitigated.
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Policies:
OS-C.1 Incomplete Mining Uses. The County shall not permit incompatible land uses
within the impact area of existing or potential surface mining areas.
OS-C.2 Mineral Resource Zones. The County shall not permit land uses incompatible
with mineral resource recovery within areas designated as Mineral Resource Zone
2 (MRZ-2).
OS-C.3 Surface Mine Operation. The County shall require that the operation and
reclamation of surface mines be consistent with the State Surface Mining and
Reclamation Act (SMARA) and special zoning ordinance provisions.
OS-C.4 Mining Impacts. The County shall impose conditions as necessary to minimize or
eliminate the potential adverse impact of mining operations on surrounding
properties.
OS-C.5 Surface Mine Reclamation. The County shall require reclamation of all surface
mines consistent with SMARA and the County’s implementing ordinance.
OS-C.9 Mineral Resource Zone Compliance. The County shall require that any proposed
changes in land use within areas designated MRZ-2 along the San Joaquin and
Kings River comply with the provisions of the State Surface Mining and
Reclamation Act (SMARA).
OS-C.10 Mineral Resource Lands Protection. The County shall not permit land uses that
threaten the future availability of mineral resource or preclude future extraction of
those resources. Fresno County General Plan
The Fresno County General Plan is a comprehensive, long-term framework established for the
protection of the County’s agricultural, natural, and cultural resources. In 2006, the County
undertook its first review and revision of the General Plan to focus on reviewing goals, policies
and implementation programs, which review is currently still pending. The revisions proposed
for this 5-year review are primarily administrative in nature and do not include major changes to
goals or policies.
As identified in the General Plan, the County’s primary role is seen as “the protector of prime
agricultural lands, open space, recreational opportunities, and environmental quality, and the
coordinator of countywide efforts to promote economic development”. Designed to meet State
general plan requirements, the General Plan outlines policies, standards, and programs to guide
day-to-day decisions concerning Fresno County’s future.
The Fresno County General Plan has identified as Resource Lands those lands generally
designated and devoted to agriculture, grazing, resource extraction, and other open space uses.
As the Proposed Project intends to convert agricultural land uses to mineral extraction, and is
4.10 Land Use and Planning Environmental Impact Evaluation
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located adjacent to open space areas along the Byrd Slough, General Plan policies related to
these categories are applicable in consideration of the Proposed Project.
Agricultural Lands and Related Policies: Agriculture is vital to Fresno County’s economy.
Fresno County’s General Plan vision statement for Agricultural Land Protection and Resource
Protection is identified as highly important goals for the County to maintain. The General Plan
Resource Lands Section of the Agricultural and Land Use Element includes the following goal:
Goal LU-A To promote the long-term conservation of productive and potentially productive
agricultural lands and to accommodate agricultural-support services and
agriculturally-related activities that support the viability of agriculture and further
the County’s economic development goals.
Table 4.10-3 - Typical Uses Allowed in Areas Designated Agriculture, summarizes the types of
uses that are allowed by right and under special permit as found in the Agriculture and Land Use
Element. The last item in the last column specifically addresses mineral extraction.
Mineral Resource Lands and Related Policies
Fresno County has been a leading producer of minerals due to the abundance and wide variety of
mineral resources that are present in the County. Extracted resources include aggregate products
(sand and gravel), fossil fuels (oil and coal), metals (chromite, copper, gold, mercury, and
tungsten), and other minerals used in construction or industrial applications (asbestos, high-grade
clay, diatomite, granite, gypsum, and limestone). Aggregate and petroleum are the County’s
most significant extractive resources and play an important role in maintaining the County’s
overall economy (Fresno County General Plan, 2000).
The Open Space and Conservation Element of the General Plan identifies the importance of
preserving the future availability of its mineral resources and seeking to promote the orderly
extraction of mineral resources, while minimizing the impact of these activities on surrounding
land uses and the natural environment. Key locations of these important mineral resources, as
identified in the General Plan, are shown in Figure 4.10-2 - Generalized Mineral Resource
Zones.
Zoning Ordinance
The principal tool for implementing the County General Plan is through the Zoning Division of
the Ordinance Code of the County of Fresno. This Zoning Ordinance, which must by State law
be consistent with the General Plan, is more detailed in its standards and procedures than the
General Plan. While the General Plan is long-term in perspective, the Zoning Ordinance is
immediate in its application.
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Draft EIR 4.10-7 10/03/2011
Table 4.10-3
Typical Uses Allowed in Areas Designated Agriculture
(Policies LU-A.2 and LU-A.3)
By Right Special Permit Uses
Agricultural Uses
Special
Agricultural
Uses
Agriculturally-Related
& Valued-Added
Agricultural Uses
Agricultural Commercial Center Uses & Other
Non-Agricultural Uses
Crop & livestock
production, except
as specified under
special permit uses
Packing,
processing & sale
of crops produced
on premises, or
where such activity
is carried on in
conjunction with or
as part of a
bonafide
agricultural
operation under the
same ownership,
except as specified
under special
permit uses
Sale of livestock
produced or raised
on the premises
Residences
Home occupations
Certain oil and gas
development
activities pursuant
to the policies in
Section OS-C,
Mineral Resources,
of the Open Space
and Conservation
Element
Cattle feed lots
Dairies
Goat lots
Swine yards
Poultry
operations
Fish farms
Wineries and distilleries
Cotton ginning
Cottonseed delinting
Tree nut hulling and
shelling
Trucking operations
servicing the
agricultural community
Inspection and
weighing services
associated with
transportation of
agricultural products
Commercial land
leveling and developing
establishments
Farm labor camps
Commercial grain
elevators
Dehydration operations
Commercial soil
preparation service
establishments
Commercial Packing
and processing of crops
Commercial meat
processing plants
Commercial Centers:
Veterinary services and hospitals
Medical health services
Irrigation systems administration offices
Water-well drilling services
Farm equipment and machinery sales, rental, storage, and maintenance
Welding and blacksmith shops
Agricultural employment services
Feed and farm supply sales
Fertilizer sales
Building materials sales
Hardware stores
Grocery Stores
Gasoline service stations
Liquefied petroleum gas distribution and storage
Livestock auction market
Other:
Organic and inorganic fertilizer manufacturing and mixing
Boarding and training kennels
Home occupations
Sewage treatment plants
Solid waste disposal
Race tracks
Pistol and rifle range
Churches
Schools
Cemeteries
Commercial stables and riding academies
Golf courses
Radio and television broadcasting stations
Wireless communication facilities
Electrical substations
Liquefied petroleum gas distribution and storage
Airports
Detention facilities
Interstate freeway commercial development
Mineral extraction and oil and gas development pursuant to the polices in section OS-C, Mineral Resources, of the Open Space and Conservation Element.
Environmental Impact Evaluation 4.10 Land Use and Planning
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The Project Site has a zoning designation of AE-20 (Exclusive Agriculture, 20-acre minimum lot
size). This zone is intended to be an exclusive district for agriculture and for those uses which are
a necessary and integral part of agricultural operations. This district is intended to protect the
general welfare of the agricultural community from encroachments of non-related agricultural
uses which by their nature would be injurious to the physical and economic well-being of the
agricultural district (Section 816, Fresno County Zoning Ordinance). The AE-20 zoning
designation does not specifically address the allowance (or disallowance) of mining; however,
the County’s General Plan and development policies (e.g., Policy LU-A.4) specifically allow
mining within agricultural districts, subject to the approval of a CUP and the mining restrictions
as set forth in Section 858, “Regulations for Surface Mining and Reclamation in All Districts.”
Mineral resources are specifically identified in Section 858 as “valuable community assets which
must be safeguarded against preemption by competing or conflicting land uses.” However,
mineral deposits are frequently located in areas which are also suited for other types of
development or are in areas characterized by significant natural resources. Care must be taken to
ensure that mineral resources are recovered efficiently and safely, with minimal disruption to
surrounding land uses and environmental values, and that sites are reclaimed to a usable
condition which is readily adaptable for alternative land uses.
Section 858 further identifies surface mining operations, including “sand and gravel separation
plants; rock crushers; concrete batch plants; asphalt batch plants; and rock, sand, and gravel
trucking operations” as uses permitted by a CUP, and subject to all regulations related to mining
and CUPs as set forth. It specifies that these regulations shall apply in all zoning districts.
Zoning Ordinance Section 858 sets forth regulations for conducting surface mining and
reclamation in a manner consistent with SMARA and State Mining and Geology Board (SMGB)
Regulations (hereinafter referred to as “State Regulations”) for surface mining and reclamation
practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1,
§ 3500 et seq.).
Conditional Use Permit
Conditional Use Permits (CUPs) are regulated by the Fresno County Ordinance Code, Zoning
Division. Procedures related to mining are found in Section 858, and general procedures are
found in Section 873. Under a CUP, complex or controversial developments are evaluated for
consistency with the County General Plan, compatibility with surrounding land uses, availability
of public services, and potential environmental impacts. The CUP process provides the County
with an opportunity to review the design, location, and manner of development of the project,
and to set up restrictions and potential monitoring of uses before approvals. Fresno County Airports Land Use Policy Plan
The Reedley Municipal Airport, located south of Central Avenue and east of Reed Avenue is within 1/4-mile of the Project Site boundary, and 1/3-mile from the nearest potential mining cell. According to the Final Environmental Impact Report for the Reedley Municipal Airport, limitations related to surrounding land uses primarily revolve around the impacts of noise and safety. The Fresno County Airports Land Use Policy Plan establishes noise, airspace protection,
4.10 Land Use and Planning Environmental Impact Evaluation
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safety, and general nuisance impacts compatibility criteria for land uses in airport vicinities. The Proposed Project lies within the Reedley Municipal Airport Horizontal and Conical safety zones. Per the Fresno County Airports Land Use Policy Plan, uses not within structures are “acceptable with little or no risk” within these safety zones. A portion of the Project Site is located in the 55 CNEL noise contour; the Airports Land Use Policy Plan defines extractive industry uses as “clearly acceptable” within this noise contour. Height restrictions within the Airport’s Approach Surface have been established by Federal Aviation Regulations (FAR) Part 77 and are integrated in the County Airports Land Use Policy Plan. The Airport’s 5,000-foot horizontal surface height restriction is 150 feet. The approach surface is defined as an imaginary surface that begins at the end of the primary surface (runway plus 200 feet) and extends out and up along the approach/take off path. The Proposed Project will not exceed height limits established in the Airports Land Use Policy Plan Airspace Protection policies.
4.10.4 Project Impacts and Mitigation Measures
4.10.4.1 Thresholds of Significance
The Fresno County Planning Department, as lead agency representative for the County of Fresno
and in compliance with the California Environmental Quality Act (CEQA) 2011 Guidelines, has
determined that implementation of the Proposed Project would have a significant effect on land
use if it would:
Physically divide an established community;
Conflict with the Fresno County General Plan and other applicable land use plan, policy,
or regulations of an agency with jurisdiction over the project;
Conflict with any applicable habitat conservation plan or natural community conservation
plan.
These thresholds were selected by the County of Fresno, Department of Public Works and
Planning to specifically address potentially significant impacts of the Proposed Project.
4.10.4.2 Issues Determined To Have No Impact
Would the project physically divide an established community?
The closest communities to the Proposed Project are the incorporated cities of Sanger, 6 miles to
the east, and Reedley, 5 miles to the south. The Proposed Project is located within a rural
agricultural area with large, 20-acre minimum lot sizes. It is bordered on the west by Byrd
Slough, a naturally-occurring land delineation, and on the east by Reed Avenue, a major
circulation route. There are no public roadways cutting through the Project Site, nor would the
Proposed Project block any designated roads or pathways. The Project Site is a large, contiguous
grouping of parcels and the Proposed Project would be buffered on all sides by either open space
or an agricultural buffer zone. Therefore, the Proposed Project would not divide any established
communities.
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Would the project conflict with any applicable habitat conservation plan or natural
community conservation plan?
The Project Site does not fall within the jurisdiction of any adopted habitat conservation plans or
natural community conservation plans, nor would it affect the implementation of any such plans
that may be in effect beyond the boundaries of the Project Site. In addition, the Proposed Project
includes numerous features designed to avoid and mitigate significant impacts to existing habitat
and natural waterways within and adjacent to the Project Site, as discussed in Section 4.4,
Biological Resources of this DEIR. There would be no conflict with any applicable habitat
conservation plans or natural community conservation plans.
4.10.4.3 Impacts Determined to be Less Than Significant
Would the project Conflict with the Fresno County General Plan and other applicable
land use plan, policy, or regulations of an agency with jurisdiction over the project?
The Proposed Project is located within an area covered by the Fresno County General Plan. The
Proposed Project is also subject to the requirements of SMARA.
Specific General Plan goals and policies related to the Proposed Project have been used to
determine if use of the Project Site for mining is consistent with the General Plan. The Project
Site is located in Mineral Resource Zone–2 (MRZ-2), a designation established by the California
Geological Survey for areas where data indicates significant mineral deposits are present. The
establishment of this resource as an important and valuable commodity within the County of
Fresno is affirmed within the established goals and policies of the County’s General Plan, and
indicative that mining is an appropriate use of the land.
A summary of the Proposed Project’s consistency with the applicable County General Plan
policies is presented in Table 4.10-4 below.
Table 4.10-4
Project Consistency with General Plan Goals and Policies
Policy Consistency Analysis
AGRICULTURAL RESOURCES/LAND USE
Fresno County General Plan Agriculture and Land Use Element
LU-A.1: The County shall maintain
agriculturally-designated areas for agriculture
use and shall direct urban growth away from
valuable agricultural lands to cities,
unincorporated communities, and other areas
planned for such development where public
facilities and infrastructure are available.
The Proposed Project results in the
permanent removal of 583 acres of prime,
statewide and local importance, and unique
farmlands and requires non-renewal of
Williamson Act contracts. Because of the
reduction in farmland, impacts were
determined to be significant. Given the lack
of feasible mitigation, the conversion of
prime, statewide and local importance, and
unique farmland is a significant and
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
Policy Consistency Analysis
unavoidable impact. Mitigation Measures
are recommended to reduce impacts;
however, for the life of the Proposed
Project, impacts remain significant.
LU-A.3: The County may allow by
discretionary permit in areas designated
Agriculture, special agricultural uses and
agriculturally-related activities, including value-
added processing facilities, and certain non-
agricultural uses listed in Table LU-3.
Approval of these and similar uses in areas
designated Agriculture shall be subject to the
following criteria:
a. The use shall provide a needed service
to the surrounding agricultural area
which cannot be provided more
efficiently within urban areas or which
requires location in a non-urban area
because of unusual site requirements or
operational characteristics;
b. The use should not be sited on
productive agricultural lands if less
productive land is available in the
vicinity;
c. The operational or physical
characteristics of the use shall not have a
detrimental impact on water resources or
the use or management of surrounding
properties within at least one-quarter
(1/4) mile radius;
d. A probable workforce should be located
nearby or be readily available;
e. For proposed agricultural commercial
center uses the following additional
criteria shall apply:
1. Commercial uses should be clustered
in centers instead of single uses.
2. To minimize proliferation of
commercial centers and overlapping
of trade areas, commercial centers
should be located a minimum of four
(4) miles from any existing or
Table LU-3, Typical Uses Allowed in Areas
Designated Agriculture, in the Fresno
County General Plan considers mineral
extraction an allowed use pursuant to the
policies in the Mineral Resources section of
Open Space and Conservation Element.
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
Policy Consistency Analysis
approved agricultural or rural
residential commercial center or
designated commercial area of any
city or unincorporated community.
3. New commercial uses should be
located within or adjacent to existing
centers.
4. Sites should be located on a major
road serving the surrounding area.
5. Commercial centers should not
encompass more than one-quarter
(1/4) mile of road frontage, or one-
eighth (1/8) mile if both sides of the
road are involved, and should not
provide potential for developments
exceeding ten (10) separate business
activities, exclusive of caretakers’
residences.
f. For proposed value-added agricultural
processing facilities, the evaluation
under criteria “a” above, shall consider
the service requirements of the use and
the capability and capacity of cities and
unincorporated communities to provide
the required services; and
g. For proposed churches and schools, the
evaluation under criteria LU-A.3a above
shall include consideration of the size of
the facility. Such facilities should be no
larger than needed to serve the
surrounding agricultural community.
When approving a discretionary permit
for an existing commercial use, the
criteria listed above shall apply except
for LU-A.3b, e2, e4, and e5.
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
Policy Consistency Analysis
LU-A.4: The County shall require that the
recovery of mineral resources and the
exploration and extraction of oil and natural gas
in areas designated Agriculture comply with the
Mineral Resources Section of the Open Space
and Conservation Element.
Mining is a permitted use on the parcels of
the Project Site, subject to approval of a
CUP. The conditions of approval would
include the implementation of the mitigation
measures presented in the various sections
of the DEIR as well as the Reclamation Plan
requirement to reclaim the mining site and
processing area. With the approval of the
CUP and implementation of mitigation
measures, the Reclamation Plan, and other
conditions, the Proposed Project would be
consistent with this policy.
LU-A.12: In adopting land use policies,
regulations and programs, the County shall seek
to protect agricultural activities from
encroachment of incompatible land uses.
County land use policy permits mining
activities on the Project Site, subject to the
conditions established in a CUP. Therefore,
with the approval of the CUP, the Proposed
Project’s mining would be consistent with
this policy. Therefore, the Proposed Project
is consistent with this policy.
LU-A.13: The County shall protect agricultural
operations from conflicts with non-agricultural
uses by requiring buffers between proposed
non-agricultural uses and adjacent agricultural
operations.
The Project Site plan includes setbacks
and/or screening buffers from the
surrounding roadways and other sensitive
receptors, which will protect agricultural
operations from potential Project-related
impacts.
LU-A.14: The County shall ensure that the
review of discretionary permits includes an
assessment of the conversion of productive
agricultural land and that mitigation be required
when appropriate.
As part of Section 4.2 of this DEIR, the
potential impacts to agricultural resources
were assessed. Because of the reduction in
farmland, impacts were determined to be
significant. Given the lack of feasible
mitigation, the conversion of farmland of
local importance is a significant and
unavoidable impact. Mitigation Measures
are recommended to reduce impacts to the
extent feasible, but for the life of the
Proposed Project, impacts remain
significant.
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
Policy Consistency Analysis
LU-A.17: The County shall accept California
Land Conservation contracts on all designated
agricultural land subject to location, acreage,
and use limitations established by the County.
The Project Site contains parcels that have
existing Williamson Act contracts, contracts
that are in the process of non-renewal, and
parcels with no Williamson Act contracts.
Because mining operations will begin on
parcels not currently subject to a Williamson
Act contract, and is phased so that mining
operations will not start in new mining areas
until a Williamson Act contract, or portion
thereof, has expired, this impact was found
to be less than significant.
Fresno County General Plan Open Space and Conservation Element
OS-C.1: The County shall not permit
incompatible land uses within the impact area of
existing or potential surface mining areas.
Land uses in the vicinity of the Project Site
are agricultural and are designated
Agriculture, Open Space, or Mineral
Resource. Mining is an approved use subject
to the issuance of a CUP. The Proposed
Project’s development of a mining operation
would not be an incompatible use.
Policy OS-C.2: The County shall not permit
land uses incompatible with mineral resource
recovery within areas designated as Mineral
Resource Zone 2 (MRZ-2). (See Figures 7-9, 7-
10, and 7-11 in Fresno County General Plan
Background Report.)
The Proposed Project includes the removal,
processing, and off-site transport of an
identified high quality mineral resource.
Development of a mining operation involves
mineral resource recovery, and is therefore
compatible with the MRZ-2 zone.
OS-C.3: The County shall require that the
operation and reclamation of surface mines be
consistent with the State Surface Mining and
Reclamation Act (SMARA) and special zoning
ordinance provisions.
The Proposed Project is subject to this
County policy. As part of the Project
application, the Applicant has prepared a
Reclamation Plan according to the
requirements of SMARA. The Reclamation
Plan and its implementation will be included
in the conditions of approval for the Project.
The Reclamation Plan requires that once a
specific phase has been completed, that
phase will be reclaimed concurrently with
the mining of the next phase. Reclamation
would return the site to water storage and
agriculture. Therefore the Proposed Project
is consistent with this policy.
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OS-C.4: The County shall impose conditions
as necessary to minimize or eliminate the
potential adverse impact of mining operations
on surrounding properties.
Based on the analysis presented in this
DEIR, mitigation measures have been
recommended that will be adopted by the
County. The County will also adopt
conditions of approval as necessary for the
Proposed Project’s compliance with this
policy.
Policy OS-C.5: The County shall require
reclamation of all surface mines consistent with
SMARA and the County’s implementing
ordinance.
A Reclamation Plan has been prepared
consistent with SMARA and the County’s
implementing ordinance. The Reclamation
Plan is included in the Application Package.
OS-C.6: The County shall accept California
Land Conservation (Williamson Act) contracts
on land identified by the State as containing
significant mineral deposits subject to the use
and acreage limitations established by the
County.
The Project Site contains parcels that have
existing Williamson Act contracts, contracts
that are in the process of non-renewal, and
parcels with no Williamson Act contract.
Because mining operations will begin on
parcels not currently subject to a Williamson
Act contract, and is phased so that mining
operations will not start in new mining areas
until a Williamson Act contract has expired,
this impact was found to be less than
significant.
Policy OS-C.9: The County shall require that
any proposed changes in land use within areas
designated MRZ-2 along the San Joaquin and
Kings Rivers comply with the provisions of the
State Surface Mining and Reclamation Act
(SMARA).
The Project Site is located within the
designated MRZ-2 zone. A Reclamation
Plan has been prepared consistent with
SMARA and is included in the Application
Package.
OS-C.10: The County shall not permit land
uses that threaten the future availability of the
mineral resource or preclude further extraction
of those resources.
The Proposed Project is a mining project
that is located on Agricultural zoned lands
that permits mining subject to a CUP. The
reclaimed land uses of water storage and
agriculture would not preclude further
extraction of the Project Site’s remaining
resources.
AESTHETICS
OS-K.1: The County shall encourage the
preservation of outstanding scenic views,
panoramas, and vistas whenever possible.
Methods to achieve this may include
encouraging private property owners to enter
into open space easements for designated scenic
areas.
The Proposed Project is located on and within agricultural property, part of the dominant land use in the region. Much of the development of the Project Site would be shielded to motorists and others outside the Project Site boundary by buffers of orchards that would remain in place
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throughout the life of the Proposed Project as discussed in Section 4.1 Aesthetics of this DEIR. Mining on the Project Site would not compromise scenic views of the area.
OS-K.4: The County should require
development adjacent to scenic areas, vistas,
and roadways to incorporate natural features of
the site and be developed to minimize impacts
to the scenic qualities of the site.
The closest eligible State-designated scenic
highway is State Route (SR) 180. The
Project Site is approximately 1 mile from
this roadway at the northeastern most corner
of the Project Site and would not be visible
from SR-180.
OS-L.4: The County shall require proposed
new development along designated scenic
roadways within urban areas and
unincorporated communities to underground
utility lines (sic) on and adjacent to the site of
the proposed development or, when this is
infeasible, to contribute their fair share of
funding for future undergrounding.
See OS-K.4 above.
BIOLOGY
OS-E.1: The County shall support efforts to
avoid the “net” loss of important wildlife habitat
where practicable. In cases where habitat loss
cannot be avoided, the County shall impose
adequate mitigation for the loss of wildlife
habitat that is critical to supporting special-
status species and/or other valuable or unique
wildlife resources. Mitigation shall be at
sufficient ratios to replace the function, and
value of the habitat that was removed or
degraded. Mitigation may be achieved through
any combination of creation, restoration,
conservation easements, and/or mitigation
banking. Conservation easements should
include provisions for maintenance and
management in perpetuity. The County shall
recommend coordination with the USFWS and
the CDFG to ensure that appropriate mitigation
measures and the concerns of these agencies are
adequately addressed. Important habitat and
habitat components include nesting, breeding,
and foraging areas, important spawning
grounds, migratory routes, migratory stopover
areas, oak woodlands, vernal pools, wildlife
The Project Site has been surveyed for
sensitive habitats and special status species.
Because much of the Project Site has been
subject to significant and routine surface
disturbance as a result of current agricultural
operations, limited habitat was identified on-
site. Project commitments, as explained in
the Project Description and Biological
Resources section of the DEIR, have been
put in place to avoid many of the impacts to
identified special status species. In addition,
mitigation measures have been provided that
require preconstruction surveys for nesting
raptor species within the limits of
disturbance. Implementation of the
identified project commitments and
mitigation measures reduce associated
biological impacts to a less than significant
level.
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movement corridors, and other unique wildlife
habitats (e.g., alkali scrub) critical to protecting
and sustaining wildlife populations.
OS-E.2: The County shall require adequate
buffer zones between construction activities and
significant wildlife resources, including both
on-site habitats that are purposely avoided and
significant habitats that are adjacent to the
project site, in order to avoid the degradation
and disruption of critical life cycle activities
such as breeding and feeding. The width of the
buffer zone should vary depending on the
location, species, etc. A final determination
shall be made based on informal consultation
with the USFWS and/or CDFG.
See OS-E.1 above and Section 4.4
Biological Resources of this DEIR.
OS-E.3: The County shall require development
in areas known to have particular value for
wildlife to be carefully planned and, where
possible, located so that the value of the habitat
for wildlife is maintained.
See OS-E.1 above and Section 4.4
Biological Resources of this DEIR.
OS-E.6: The County shall ensure the
conservation of large, continuous expanses of
native vegetation to provide suitable habitat for
maintaining abundant and diverse wildlife
populations, as long as this preservation does
not threaten the economic well-being of the
County.
The Project Site has been in agriculture
production for over 30 years and has been
subject to significant and routine surface
disturbing activities as result. No native
habitat exists on-site.
Policy OS-E.9: Prior to approval of
discretionary development permits, the County
shall require, as part of any required
environmental review process, a biological
resources evaluation of the project site by a
qualified biologist. The evaluation shall be
based upon field reconnaissance performed at
the appropriate time of year to determine the
presence or absence of significant resources
and/or special-status plants or animals. Such
evaluation will consider the potential for
significant impact on these resources and will
either identify feasible mitigation measures or
indicate why mitigation is not feasible.
The preparation of field surveys and
analyses completed to identify the potential
impacts to biological resources were
conducted according to professional
standards, consistent with the requirements
of CEQA, and proposed approval
procedures established by the County as
discussed in Section 4.4 Biological
Resources of this DEIR. The Proposed
Project meets this County policy.
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OS-E.12: The County shall ensure the
protection of fish and wildlife habitats from
environmentally-degrading effluents originating
from mining and construction activities that are
adjacent to aquatic habitats.
As a result of field surveys, potential
impacts were identified to the limited habitat
on-site. Project commitments and
Mitigation Measures including
preconstruction surveys and the creation of
buffers would reduce potential impacts to
less than significant levels.
OS-E.13: The County should protect to the
maximum extent practicable wetlands, riparian
habitat, and meadows since they are recognized
as essential habitats for birds and wildlife.
Fresh Emergent Wetlands were identified
within 1.2 miles (2 km) of the Project Site,
primarily associated with the Cameron and
Byrd Sloughs and the Kings River systems.
These wetlands include some highly
managed man-made ornamental,
recreational and sediment ponds that are not
in a natural state. During the field portion of
the survey, all of the accessed ponds were
observed to be occupied by large numbers
of non-native predatory species. Riverine
habitat occurs within 1.2 miles (2 km) of the
Project Site associated with the Kings River
and the areas surrounding the Byrd and
Cameron Sloughs, which lie south, west,
and northwest of the Project Site and trends
along a northwest-southeast axis. These
areas are outside the limits of surface
disturbance and would not be impacted by
the Proposed Project.
OS-E.16: Areas that have unusually high value
for fish and wildlife propagation should be
preserved in a natural state to the maximum
possible extent.
See OS-E.1, OS-E.9, OS-E.12, and OS-E.13
above.
OS-E.17: The County should preserve, to the
maximum possible extent, areas defined as
habitats for rare or endangered animal and plant
species in a natural state consistent with State
and Federal endangered species laws.
See OS-E.1, OS-E.9, OS-E.12, and OS-E.13
above.
OS-F.1: The County shall encourage
landowners and developers to preserve the
integrity of existing terrain and natural
vegetation in visually-sensitive areas such as
hillsides and ridges, and along important
transportation corridors, consistent with fire
hazard and property line clearing requirements.
See OS-E.1, OS-E.9, OS-E.12, and OS-E.13
above.
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OS-F.2: The County shall require developers to use native and compatible non-native plant species, especially drought-resistant species, to the extent possible, in fulfilling landscaping requirements imposed as conditions of discretionary permit approval or for project mitigation.
Reclamation of mined lands, as outlined in the Reclamation Plan, would return the site to agricultural production and water storage.
In addition to the standards for topsoil salvage, maintenance, and redistribution, the following standards shall apply to mining operations on prime agricultural lands where the approved end use is agriculture: (a) Mining operations which will operate on prime agricultural lands, as defined by the Natural Resource Conservation Service shall return all disturbed areas to a fertility level as specified in the approved reclamation plan. (b) When distinct soil horizons are present, topsoil shall be salvaged and segregated by defined A, B, and C soil horizons. Upon reconstruction of the soil, the sequence of horizons shall have the A atop the B, the B atop the C, and the C atop graded overburden. (c) Reclamation shall be deemed complete when productive capability of the affected land is equivalent to or exceeds, for two consecutive crop years, that of the pre-mining condition or similar crop production in the area. Productivity rates, based on reference areas described in the approved reclamation plan, shall be specified in the approved reclamation plan. (d) Use of fertilizers or other soil amendments shall not cause contamination of surface or groundwater. The following standards shall apply to agricultural lands, other than prime agricultural lands, when the approved end use is agriculture: (a) standards for topsoil salvage, maintenance, and redistribution; (b) non-prime agricultural lands shall be reclaimed so as to be capable of sustaining economically viable production of crops commonly grown in the surrounding areas.
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OS-F.3: The County shall support the
preservation of significant areas of natural
vegetation, including, but not limited to, oak
woodlands, riparian areas, and vernal pools.
As discussed above, the Project Site lacks
significant natural vegetation as much of the
Project Site has been converted to
agricultural uses. No oak woodlands,
riparian areas, or vernal pools would be
disturbed as a result of the Proposed Project.
OS-F.5: The County shall establish procedures
for identifying and preserving rare, threatened,
and endangered plant species that may be
adversely affected by public or private
development projects. As part of this process,
the County shall require, as part of the
environmental review process, a biological
resources evaluation of the project site by a
qualified biologist. The evaluation shall be
based on field reconnaissance performed at the
appropriate time of year to determine the
presence or absence of significant plant
resources and/or special-status plant species.
Such evaluation shall consider the potential for
significant impact on these resources and shall
either identify feasible mitigation measures or
indicate why mitigation is not feasible.
A series of biological reconnaissance
surveys were conducted at the Project Site
(see Section 4.4 Biological Resources for a
list of survey dates). The surveys assessed
sensitive species, sensitive habitats, and
other biological resource issues which might
occur on or adjacent to the Project Site. The
Project Site has been used for agriculture
production for over 30 years; the
reconnaissance surveys found no semblance
of natural biological communities on site.
OS-F.7: The County shall require developers to
take into account a site’s natural topography
with respect to the design and siting of all
physical improvements in order to minimize
grading.
The Project Site is relatively flat, as a result
of past and current agricultural activities,
with elevations ranging from 350 feet above
mean sea level (amsl) at the southern site
limits, to 370 amsl at the northern limit.
Site design will use existing orchards and
berms to shield Project-related operations.
OS-F.8: The County should encourage
landowners to maintain natural vegetation or
plant suitable vegetation along fence lines,
drainage and irrigation ditches and on unused or
marginal land for the benefit of wildlife.
Much of the development of the Project Site
would be shielded from view of motorists
and others with views of the Project Site by
buffers of orchards that would remain in
place throughout the life of the Proposed
Project.
CULTURAL RESOURCES
OS-J.1: The County shall require that
discretionary development projects, as part of
any required CEQA review, identify and protect
important historical, archaeological,
paleontological, and cultural sites and their
contributing environment from damage,
No archaeological deposits or isolated finds
were identified during the cultural resources
survey. No plant resources of potential
value for Native Americans such as sedge or
deer grass, which are of importance in the
traditional methods of basketry construction,
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destruction, and abuse to the maximum extent
feasible. Project-level mitigation shall include
accurate site surveys, consideration of project
alternatives to preserve archaeological and
historic resources, and provisions for resource
recovery and preservation when displacement is
unavoidable.
were observed at the Project Site.
OS-J.2: The County shall, within the limits of
its authority and responsibility, maintain
confidentiality regarding the locations of
archaeological sites in order to preserve and
protect these resources from vandalism and the
unauthorized removal of artifacts.
As part of the Project Site surveys, the
archaeological resources were mapped,
however, the DEIR does not present the
location of these resources to protect
confidentiality.
OS-J.3: The County shall solicit the views of
the local Native American community in cases
where development may result in disturbance to
sites containing evidence of Native American
activity and/or sites of cultural importance.
Project Site surveys did not identify sites
containing evidence of Native American
activities and/or cultural importance.
OS-J.5: The County shall support the
registration by property owners and others of
cultural resources in appropriate landmark
designations (i.e., National Register of Historic
Places, California Historic Landmarks, Points of
Historical Interest, or Local Landmark).
See OS-J.1 and OS-J.3 above.
GEOLOGY AND SOILS
HS-D.3: The County shall require that a soils
engineering and geologic-seismic analysis be
prepared by a California-registered engineer or
engineering geologist prior to permitting
development in areas prone to geologic or
seismic hazards.
The Project Site is not located in an area of
the County prone to geologic or seismic
hazards. A geotechnical analysis of
proposed cut and reclaimed slopes was
prepared by a California- registered
engineer.
HS-D.4: The County shall require all proposed
structures, additions to structures, or public
facilities situated within areas subject to
geologic-seismic hazards as identified in the
soils engineering and geologic-seismic analysis
to be sited, designed, and constructed in
accordance with the applicable provision of the
Uniform Building Code (Title 24 of the
California Code of Regulations) and other
relevant professional standards to minimize or
prevent damage or loss and to minimize the risk
to public safety.
The Proposed Project does not include
structures to be inhabited or open to the
public or structures located in areas subject
to geologic-seismic hazards.
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HS-D.8: The County shall require a soils report
by a California-registered engineer or
engineering geologist for any proposed
development that requires a County permit and
is located in an area containing soils with high
“expansive” or “shrink-swell” properties.
The Project Site is not located in an area
containing soils with high expansive or
shrink-swell properties.
HAZARDS AND HAZARDOUS MATERIALS
HS-F.1: The County shall require that facilities
that handle hazardous materials or hazardous
waste be designed, constructed, and operated in
accordance with applicable hazardous materials
and waste management laws and regulations.
The Proposed Project will store and use
fuels and other potentially hazardous
materials, therefore, the Operator will be
required to submit the appropriate
documentation and plans as to how the
Proposed Project will manage these
materials (e.g. storage and use of gasoline,
diesel fuel, and oil) for compliance with
State and County regulations.
HS-F.2: The County shall require that
applications for discretionary development
projects that will use hazardous materials or
generate hazardous waste in large quantities
include detailed information concerning
hazardous waste, reduction, recycling, and
storage.
The Hazards and Hazardous Materials
Section of the DEIR outlines the types of
hazardous materials that the Proposed
Project would use, and identifies the
regulations the Applicant will comply with.
Prior to the receipt of subsequent permits,
the Applicant will need to provide to the
County a hazardous materials safety and
management plan. The plan will identify
the type and amount of materials that would
be present and show how they will be
stored, used, and disposed of in compliance
with regulations.
HS-F.7: The County shall ensure that the
mining and processing of minerals in the
County is conducted in compliance with
applicable environmental protection policies.
The Hazards and Hazardous Materials
Section of the DEIR identifies the potential
environmental impacts of the mining and
processing of minerals and provides a
discussion of compliance with applicable
environmental protection polices.
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HS-B.1: The County shall review project
proposals to identify potential fire hazards and
to evaluate the effectiveness of preventive
measures to reduce the risk to life and property.
The Hazards and Hazardous Materials
Section of the DEIR outlines potential fire
hazards associated with the Proposed
Project. Analysis determined that the
potential impacts would be less than
significant and would not require any
specific mitigation measures beyond
regulatory compliance.
HS-B.6: The County shall work with local fire
protection agencies, the California Department
of Forestry and Fire Protection, and the U.S.
Forest Service to promote the maintenance of
existing fuel breaks and emergency access
routes for effective fire suppression and in
managing wildland fire hazards.
Beyond compliance with local fire control
regulations, the Proposed Project is not
subject to this County policy.
HS-B.8: The County shall refer development
proposals in the unincorporated county to the
appropriate local fire agencies for review of
compliance with fire safety policies. If dual
responsibility exists, both agencies shall review
and comment relative to their area of
responsibility. If policies are different or
conflicting, the more stringent policies shall
apply.
The Applicant will coordinate with the
County and the local fire agencies.
HS-E.1: The County shall review the Fresno County Airport Land Use Commission’s Airport Land Use Policy Plans (CLUPPs) to determine the appropriate land uses around airports. The county shall limit land uses in airport safety zones to those uses listed in the applicable CLUPPs as compatible uses. Exceptions shall be made only as provided for in the CLUPPs. Such uses shall also be regulated to ensure compatibility in terms of location, height, and noise.
Criteria for appropriate land uses in the vicinity of Reedley Municipal Airport are set forth in the Fresno County Airports Land Use Policy Plan. The Proposed Project is located within the airport safety zones designated as Horizontal Zone and Conical Zone. Per the CLUPP, uses not within structures are “acceptable with little or no risks,” extractive industry uses are “clearly acceptable” within the zone noise contours, and height limits would not be exceeded per the Federal Aviation Administrative Regulations, Part 77.
HS-E.2: The County shall ensure that new development, including public infrastructure projects, does not create safety hazards such as glare from direct or reflective sources, smoke, electrical interference, hazardous chemicals, or fuel storage in violation of adopted safety standards.
The mitigation measures presented in the Aesthetics Section of the DEIR address safety hazards associated with glare and reflective sources; the established mitigation reduces project impacts to a less than significant level. Mitigation measures incorporated in the Hazards and Hazardous
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Materials section establish hazardous material plans and protection measures that also reduce project impacts to a less than significant level.
HS-E.3: The County shall ensure that
development, including public infrastructure
projects, within the airport approach and
departure zones complies with Part 77 of the
Federal Aviation Administration Regulations
(Objects Affecting Navigable Airspace).
The Project Site is located within the
Reedley Municipal Airport zones designated
as Horizontal Zone and Conical Zone.
Height limits for these zones would not be
exceeded per the Federal Aviation
Administrative Regulations, Part 77.
HYDROLOGY
Water Supply/Water Quality
PF-C.3: To reduce demand on the County’s
groundwater resources, the County shall
encourage the use of surface water to the
maximum extent feasible.
The Proposed Project will use groundwater
sources; however, the impacts to
groundwater are determined to be less than
significant (see Hydrology/Water Quality
Section). In addition, the Proposed Project
includes plans to reuse water to the extent
feasible. Therefore, the Proposed Project
meets this County policy.
PF-C.11: The County shall assure an on-going
water supply to help sustain agriculture and
accommodate future growth by allocation of
resources necessary to carry out the water
resources management programs.
The impact of the Proposed Project to the
County water supply is determined to be
less than significant. The Proposed Project
will recycle water to the extent feasible.
Therefore, the Proposed Project is consistent
with this Policy.
PF-C.17: The County shall, prior to
consideration of any discretionary project
related to land use, undertake a water supply
evaluation. The evaluation shall include the
following:
a. A determination that the water supply is
adequate to meet the highest demand
that could be permitted on the lands in
question. If surface water is proposed, it
must come from a reliable source and
the supply must be made “firm” by
water banking or other suitable
arrangement. If groundwater is
proposed, a hydrogeologic investigation
may be required to confirm the
availability of water in amounts
An evaluation of water supply necessary for
the Proposed Project’s operations has been
included and assessed consistent with this
Policy.
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necessary to meet project demand. If the
lands in question lie in an area of limited
groundwater, a hydrogeologic
investigation shall be required.
b. A determination of the impact that use
of the proposed water supply will have
on other water users in Fresno County.
If use of surface water is proposed, its
use must not have a significant negative
impact on agriculture or other water
users within Fresno County. If use of
groundwater is proposed, a
hydrogeologic investigation may be
required. If the lands in question lie in
an area of limited groundwater, a
hydrogeologic investigation shall be
required. Should the investigation
determine that significant pumping-
related physical impacts will extend
beyond the boundary of the property in
question, those impacts shall be
mitigated.
c. A determination that the proposed water
supply is sustainable or that there is an
acceptable plan to achieve sustainability.
The plan must be structured such that it
is economically, environmentally, and
technically feasible. In addition, its
implementation must occur prior to
long-term and/or irreversible physical
impacts, or significant economic
hardship, to surrounding water users.
PF-C.25: The County shall require that all new
development within the County use water
conservation technologies, methods, and
practices as established by the County.
The Proposed Project includes plans to
conserve water including use of recycled
water; therefore, the Proposed Project meets
this County policy.
PF-C.26: The County shall encourage the use
of reclaimed water where economically,
environmentally, and technically feasible.
The Proposed Project will recycle water;
therefore, the Proposed Project meets this
County policy.
Stormwater Drainage
PF-E.16: The County shall minimize
sedimentation and erosion through control of
grading, cutting of trees, removal of vegetation,
The mitigation measures presented in the
Hazards and Hazardous Materials Section of
the DEIR require the use of (BMPs) to
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placement of roads and bridges, and use of off-
road vehicles. The County shall discourage
grading activities during the rainy season,
unless adequately mitigated, to avoid
sedimentation of creeks and damage to riparian
habitat.
control runoff and erosion so as to not
impact the surrounding areas. The Proposed
Project meets this County policy.
PF-E.20: The County shall require new
development of facilities near rivers, creeks,
reservoirs, or substantial aquifer recharge areas
to mitigate any potential impacts of release of
pollutants in floodwaters, flowing rivers,
streams, creeks, or reservoirs waters.
See PF-E.16 above.
PF-E.21: The County shall require the use of
feasible and practical best management
practices (BMPs) to protect streams from the
adverse effects of construction activities, and
shall encourage the urban storm drainage
systems and agricultural activities to use BMPs.
See PF-E.16 above.
NOISE
HS-G.1: The County shall require that all
proposed development incorporate design
elements necessary to minimize adverse noise
impacts on surrounding land uses.
The Noise Section of the DEIR presents the
analysis of the potential impacts of noise
during construction and operation of the
Proposed Project. Findings were that there
are potentially significant noise impacts
associated with operation of the processing
plant, asphalt batch plant, and excavation
operations. Mitigation measures have been
recommended that reduce these impacts to a
less than significant level.
HS-G.4: So that noise mitigation may be
considered in the design of new projects, the
County shall require an acoustical analysis as
part of the environment review process where:
Noise sensitive land uses are proposed in
areas exposed to existing or projected noise
levels that are “generally unacceptable” or
higher according to the Chart HS-1: “Land
Use compatibility for Community Noise
Environments;”
Proposed projects are likely to produce
noise levels exceeding the levels shown in
the County’s Noise Control Ordinance at
existing or planned noise-sensitive uses.
The Noise Section of the DEIR identified
potentially significant impacts caused by
noise relating to an increase in ambient
noise levels as a result of proposed
operations. Implementation of mitigation
measures would reduce these impacts to a
less than significant level.
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
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HS-G.5: Where noise mitigation measures are
required to achieve acceptable levels according
to land use compatibility or the Noise Control
Ordinance, the County shall place emphasis on
such measures upon site planning and project
design. These measures may include, but are
not limited to, building orientation, setbacks,
earthen berms, and building construction
practices. The county shall consider the use of
noise barriers, such as soundwalls, as a means
of achieving the noise policies after other
design-related noise mitigation measures have
been evaluated or integrated into the project.
The noise mitigation measures discussed in
the Noise Section of the DEIR include
design changes to meet County Noise
standards, including mining setbacks,
berms, and repositioning the asphalt plant.
HS-G.6: The County shall regulate
construction-related noise to reduce impacts on
adjacent uses in accordance with the County’s
Noise Control ordinance.
See HS-G.1 and HS-G.4 above.
HS-G.8: The County shall evaluate the
compatibility of proposed projects with existing
and future noise levels through a comparison to
Chart HS-1, “Land Use Compatibility for
Community Noise Environments.”
The surrounding land uses of the Project
Site consist of farmland and some rural
residential development. The Noise Section
of this DEIR discusses the potential noise
impacts associated with the development of
the Proposed Project.
AIR QUALITY
Air Quality policies are presented as the
SJVAPCD Guidelines within the District’s
Guide for Assessing and Mitigating Air Quality
Impacts. The Guide is incorporated by
reference.
Mitigation Measures, including those
recommended by SJVAPCD Guidelines,
have been recommended to reduce Project-
related NOx impacts (related to project
emissions) and PM2.5 and PM10 (related to
compliance with ambient air quality
requirements) are expected to exceed air
district thresholds, as discussed in the Air
Quality Section of this EIR. However,
even with mitigation, impacts related to
NOx (emissions) and PM2.5 and PM10
(ambient air quality) are expected to remain
significant and unavoidable.
TRANSPORTATION AND CIRCULATION
Goal TR-A: To plan and provide a unified coordinated, and cost-efficient countywide street and highway system that ensures the safe, orderly, and efficient movement of people and goods.
Goal provided for context. See discussion of specific policies below.
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Table 4.10-4
Project Consistency with General Plan Goals and Policies
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Policy TR-A.1
The County shall plan and construct County-
maintained streets and roads according to the
County’s Roadway Design Policies. Roadway
design policies for County-maintained roads
shall be based on the American Association of
State Highway and Transportation Officials
(AASHTO) policies, and supplemented by
California Department of Transportation
(Caltrans) design policies and by County Public
Works Department Policies.
The County may deviate from the adopted
policies in circumstances where conditions
warrant special treatment of the roadway.
Typical circumstances where exceptions may be
warranted may include: (a) Extraordinary
construction cost due to terrain, roadside
development, or unusual right-of-way needs;
and (b) Environmental constraints that may
otherwise entirely preclude road improvements.
The Traffic Impact Analysis (TIA) prepared
for the Proposed Project identifies roadway
and intersection improvements necessary to
mitigate the Proposed Project’s traffic
impacts. Mitigation for these improvements
requires the Proposed Project to contribute
its proportionate share of funding for these
improvements. Improvements would be
designed in accordance with all applicable
County and state design guidelines
consistent with the requirements of this
policy.
Policy TR-A.2 The County shall plan and design its roadway
system in a manner that strives to meet Level of
Service (LOS) D on urban roadways within the
spheres of influences of the cities of Fresno and
Clovis and LOS C on all other roadways in the
County.
Roadway improvements to increase capacity
and maintain LOS policies should be planned
and programmed based on consideration of the
total overall needs of the roadway system,
recognizing the priority of maintenance,
rehabilitation, and operation of the existing road
system.
The County may, in programming capacity-
increasing projects, allow exceptions to the LOS
policies in this policy where it finds that the
improvements or other measures required to
achieve the LOS policy are unacceptable based
on established criteria. In addition to
The Traffic Impact Analysis prepared for
the Proposed Project and impacts presented
in Section 4.12 utilize LOS C or better as
acceptable levels of service and LOS D or
worse as unacceptable for the Proposed
Project study area roadways and
intersections. Roadway improvement
mitigations and proportional share funding
requirements are based on achieving LOS C
or better conditions. This approach is
consistent with Policy TR-A.2.
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consideration of the total overall needs of the
roadway system, the County shall consider the
following factors: (a) The right-of-way needs
and the physical impacts on surrounding
properties; (b) Construction and right-of-way
acquisition costs; (c) The number of hours that
the roadway would operate at conditions below
the policy; (d) The ability of the required
improvement to significantly reduce delay and
improve traffic operations; and (e)
Environmental impacts upon which the County
may base findings to allow an exceedance of the
policies.
In no case shall the County plan for worse than
LOS D on rural County roadways, worse than
LOS E on Urban roadways within the spheres of
influence of the cities of Fresno and Clovis, or
in cooperation with Caltrans and the Council of
Fresno County Governments, plan for worse
than LOS E on State highways in the County.
Policy TR-A.3 The County shall require that new or modified
access to property abutting a roadway and to
intersection roads conform to access
specifications in the Circulation Diagram and
Policies section. Exceptions to the access
policies may be permitted in the manner and
form prescribed in the Fresno County Zoning
and Subdivision Ordinances, provided that the
designed safety and operational characteristics
of the existing and planned roadway facility will
be substantially diminished.
Predicted levels of service and safety issues
associated with the Proposed Site access
intersection with Reed Avenue have been
evaluated and are discussed in Impacts TC-2
and TC-3 in Section 4.12. In both instances,
impacts are found to be potentially
significant and mitigation measures
requiring improvements to this intersection
are identified. Implementation of the
improvements identified in Mitigation
Measures TC-2 and TC-3 would result in
the Proposed Project’s consistency with
Policy TR-A.3.
Policy TR-A-5 The County shall require dedication of right-of-
way or dedication and construction of planned
road facilities as a condition of land
development, and require an analysis of impacts
of traffic from all land development projects
including impacts from truck traffic. Each such
project shall construct or fund improvements
necessary to mitigate the effects of traffic from
Based on the traffic operations impact
analysis as presented in Impacts TC-1 and
TC-2 in Section 4.12, mitigation measures
have been identified that include roadway
and intersection improvements as necessary
to achieve acceptable levels of service. The
Proposed Project would be required to make
the necessary roadway improvements at the
Project Site access road intersection with
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Policy Consistency Analysis
the project. The County may allow a project to
fund a fair share of improvements that provide
significant benefit to other through traffic
impact fees.
Reed Avenue and would be required to fund
the Proposed Project’s proportional share of
the other roadway segment and intersection
improvements. In the event that right-of-
way dedication from the Project Site
frontage on Reed Avenue is necessary for
future roadway improvements, this
requirement will be determined by the
County and would be identified as a
condition of approval. These requirements
would ensure the Proposed Project’s
consistency with Policy TR-A.5.
Policy TR-A.7 The County shall assess fees on new
development sufficient to cover the fair share
portion of that development’s impacts on the
local and regional transportation system.
Based on the traffic operations impact
analysis as presented in Impact TC-1 in
Section 4.12, Mitigation Measure TC-1
identifies roadway and intersection
improvements as necessary to achieve
acceptable levels of service and requires that
the Proposed Project fund its proportional
share roadway segment and intersection
improvements. These requirements would
ensure the Proposed Project’s consistency
with Policy TR-A.7.
Policy TR-A.8 The County shall ensure that land development
that affects roadway use or operation or requires
roadway access to plan, dedicated, and construct
required improvements consistent with the
criteria in the Circulation diagram and Policies
section of this element.
Section 43.12 of the DEIR summarizes the
findings of the TIA that identified the
required roadway and/or intersection
improvements required to mitigate the
potential impacts to traffic and circulation.
The Proposed Project will be required to
either make specific improvements (i.e.,
access to the Project Site) or to fund its fair
share of other roadway and intersection
improvements.
Policy TR-A.19: The County may identify
locations of needed future road rights-of-way,
consistent with adopted functional
classifications, through development and
adoption of specific plan lines where
appropriate. Circumstances where specific plan
line development may be considered may
include the following:
In the event that right-of-way dedication
from the Project Site frontage on Reed
Avenue is necessary for future roadway
improvements, this requirement will be
determined by the County and would be
identified as a condition of approval. These
requirements would ensure the Proposed
Project’s consistency with Policy TR-A.19.
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Policy Consistency Analysis
a) Where major classified roadways or corridors
are expected to require additional through lanes
within a 20-year planning horizon;
b) Where the future alignment is expected to
deviate from the existing alignment, or to be
developed asymmetrically about the existing
section or center line;
c) Where the adjacent properties are
substantially undeveloped, so that property
owners may benefit from prior knowledge of
the location of rights-of-way of planned
roadways before construction improvements or
developing property in a way which may
ultimately conflict with identified transportation
needs; and
d) Expressways and associated frontage roads.
Goal TR-D: To plan and provide a safe,
continuous, and easily accessible bikeway
system that facilitates the use of the bicycle as a
viable alternative transportation mode and as a
form of recreation and exercise.
Provided for context. See discussion of
specific policies below.
TR-D.5 Rights-of-Way Dedications: The
County shall require that adequate rights-of-way
or easements are provided for designated
bikeways or trails as a condition of land
development.
In the event that right-of-way dedication
from the Project Site frontage on Reed
Avenue is necessary for future roadway
improvements, including Class II bike lanes,
this requirement will be determined by the
County and would be identified as a
condition of approval. These requirements
would ensure the Proposed Project’s
consistency with Policy TR-D.5.
Fresno County Airports Land Use Policy Plan
According to the California Airport Land Use Planning Handbook (January 2002) guidelines for
development within the Airport’s Approach Surface, mining operations are not incompatible
uses. As shown in Figure 4.8-1, Airport and Runway Protection Zone, the southeastern portion
of the Project Site falls within this protection zone. Structures and/or mining equipment proposed
as part of the Proposed Project would not encroach into this Protection Zone.
A Bird Aircraft Strike Hazard (BASH) study was performed for the Proposed Project in July
2010. The study determined that mining and reclamation at the Project Site, “will not result in a
significant increase in the risk of bird collisions with aircraft compared to the existing baseline
conditions. The Project Site is in an area of relatively low BASH risk due to the distance from
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the airfield, the location of the airfield on a 35-foot bluff above the Project Site, the relatively
high elevations of most flights over the Project Site relative to most bird activity, and the
relatively low abundance of birds that pose a high level of risk. Mining and reclamation of the
Project Site are not expected to substantially alter the risk.” Impacts regarding conflicts with the
Fresno County Airports Land Use Policy Plan are considered less than significant and no
mitigation measures would be necessary.
Conditional Use Permit
The process of obtaining a CUP incorporates a review of all potential impacts to surrounding
land uses created by a project, and is, along with the Reclamation Plan, the basis for the analysis
within this section of the DEIR.
The property is zoned Exclusive Agriculture (AE-20) and, subject to conditions and restrictions,
mineral extraction is an allowable use within that zone. Fresno County’s goal is to conserve, for
potential future use, areas identified as containing significant mineral deposits, and promote the
reasonable, safe, and orderly operation of mining and extraction activities within areas
designated for such use, where environmental, aesthetic, and adjacent land use compatibility
exist. The recovery of mineral resources from lands designated Agriculture is consistent with
General Plan policies because the Proposed Project is in an MRZ-2 zone, for which the County
and the State have established as areas having significant mining resources, and all Project-
related potentially significant impacts (as identified in other sections of the DEIR), have been
mitigated to the extent feasible.
The Proposed Project does not conflict with any land use policy of the plans that overlie the
Project Site. As demonstrated, the Proposed Project does not conflict with the County General
Plan. As discussed above, the County General Plan and Zoning Ordinance permit mining in
agricultural areas, including related batch and rock plant facilities, as long as a CUP is obtained.
Therefore, impacts are determined to be less than significant.
Section 858 of the Fresno County Zoning Ordinance
The Proposed Project and its corresponding Reclamation Plan are in compliance with SMARA
and Section 858 of the Fresno County Zoning Ordinance, and conditions to minimize adverse
impacts of the mining operations to surrounding properties are incorporated into the Project
Description and included as Mitigation Measures within this DEIR.
4.10.4.5 Impacts Determined to Be Potentially Significant
As a result of the analysis completed for the DEIR, no land use issues related to implementation
of the Proposed Project were determined to result in potentially significant impacts.