4.10 LAND USE AND PLANNING 4.10.1 Introduction

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).

Mary

Text Box

4.10-2



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,


South Agriculture, Residential,

Airport

Agriculture,


West Byrd Slough, Open Space,

Agriculture, Residential

Agriculture, Open Space,


East Agriculture Agriculture,


* General Plan Designations are from the Fresno County General Plan 2000.

4.10 Land Use and Planning Environmental Impact Evaluation


10/03/2011 4.10-4 Draft EIR

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.



Draft EIR 4.10-5 10/03/2011

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



10/03/2011 4.10-6 Draft EIR

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.



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.

Mary

Text Box

4.10-8



Draft EIR 4.10-9 10/03/2011

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,



10/03/2011 4.10-10 Draft EIR

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.



Draft EIR 4.10-11 10/03/2011

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



10/03/2011 4.10-12 Draft EIR

Table 4.10-4



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.



Draft EIR 4.10-13 10/03/2011

Table 4.10-4



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.



10/03/2011 4.10-14 Draft EIR

Table 4.10-4



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.



Draft EIR 4.10-15 10/03/2011

Table 4.10-4



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.



10/03/2011 4.10-16 Draft EIR

Table 4.10-4



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



Draft EIR 4.10-17 10/03/2011

Table 4.10-4



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.



Draft EIR 4.10-19 10/03/2011

Table 4.10-4



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.


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.


above.



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Table 4.10-4



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.



Draft EIR 4.10-21 10/03/2011

Table 4.10-4



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,



10/03/2011 4.10-22 Draft EIR

Table 4.10-4



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.



Draft EIR 4.10-23 10/03/2011

Table 4.10-4



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.


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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Table 4.10-4



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.


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



Draft EIR 4.10-25 10/03/2011

Table 4.10-4



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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Table 4.10-4



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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Table 4.10-4



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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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



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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Table 4.10-4



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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Table 4.10-4



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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Table 4.10-4



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



Draft EIR 4.10-33 10/03/2011

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.

4.10 LAND USE AND PLANNING 4.10.1 Introduction

Documents

Transcript of 4.10 LAND USE AND PLANNING 4.10.1 Introduction