1. home and garden

Department of Public Works and Planning
Richard L. Brogan
Director
Planning Commission Staff Report
Agenda Item No. 4
January 23, 2003
SUBJECT:
LOCATION:
Initial Study Application No. 4776 (Program/Project
Environmental Impact Statement / Environmental
Impact Report, SCH 2002021023), General Plan
Amendment No. 491, Amendment Application No.
3725, Unclassified Conditional Use Permit Application
No. 3045
1.
Amend the Agriculture and Land Use Element of
the Fresno County General Plan by redesignating
Site 6 (approximately 220 acres comprised of 10
parcels) from Agriculture to Public Facility,
2.
Rezone said parcels from the AE-20 (Exclusive
Agriculture, 20 acre minimum parcel size) District
to the AL-20 (Limited Agriculture, 20 acre
minimum parcel size) District, and
3.
Allow a Juvenile Justice Campus and related
improvements for Phase I of the proposed project
(480-bed detention/commitment housing, Courts,
Institutional Core and Central Plant).
Southwest quadrant of the American Avenue/State
Highway 99 interchange approximately one-half mile
south of the city limits of the City of Fresno and two
miles north of the city limits of the City of Fowler
(APN’s 340-060-05, 06, 13, 24, 32, 33, 36, 40, 41, 42, and
43) (Sup Dist: 4).
Applicant: Fresno County
STAFF CONTACT:
Bernard Jimenez, Senior Staff Analyst
(559) 262-4870
DEVELOPMENT SERVICES DIVISION
2220 Tulare Street, Sixth Floor / Fresno, California 93721 / Phone (559) 262-4055 / 262-4029 / 262-4302 / 262-4022 FAX 262-4893
Equal Employment Opportunity • Affirmative Action • Disabled Employer
RECOMMENDATION:
Move to identify the factors that should be incorporated in the findings and statement of
overriding considerations required pursuant to the California Environmental Quality Act
(CEQA), and continue the hearing to a subsequent hearing date to allow preparation of
a draft resolution for adoption by the Commission recommending to the Board of
Supervisors certification of the Program/Project Environmental Impact Report prepared
for Initial Study Application No. 4776.
Move to take tentative action recommending approval of General Plan Amendment No.
491, Amendment Application No. 3725 and Unclassified Conditional Use Permit
Application No. 3045, with recommended conditions.
EXHIBITS:
1.
Location Map
2.
Existing Land Use Map
3.
Existing Zoning Map
4.
Operational Statement
5.
System Capacity and Need / Square Footage Per Campus Phase
6.
Program / Project Environmental Impact Statement / Environmental Impact
Report
7.
Summary of Adverse Impacts by Phase
8.
Overview of Steps to Certify an EIR
9.
Site Plan (Phase I)
10.
Floor Plan and Elevations (Phase I)
11.
Required Conditional Use Permit Findings
12.
Recommended Conditions of Approval
PROJECT DESCRIPTION SUMMARY:
Listed below are key features of the project based on information contained in the
application and Operational Statement.
Staff Report – Page 2
Proposed Use/Request:
Acquisition of property and construction and operation of a Juvenile Justice Campus
and related improvements.
Project Site:
Approximately 220 acres
Existing Improvements:
•
Five rural homesites, agricultural and domestic water wells, individual sewage
disposal systems, agricultural accessory structures and grape vineyards.
Proposed Improvements:
Type of Space:
Institution Core
Phase I
2006
square feet
Phase II
2007 ~ 2012
square feet
Phase III
2017
square feet
Phase IV
2040
square feet
34,390
9,020
0
0
259,890
122,910
124,020
259,890
47,000
9,100
22,050
34,800
Delinquency Courts and Agencies
160,000
39,080
20,210
104,100
Dependency Courts and Agencies
0
0
100,370
47,700
Group Homes
0
0
21,840
10,920
Additional Related Facilities
0
0
104,720
52,220
TOTAL SQUARE FEET PER PHASE:
501,280
180,110
393,210
509,630
CUMMULATIVE SQUARE FEET:
501,280
681,390
1,074,600
1,584,230
Secure Housing (480 beds)
Support Facilities
Operational Features:
The Juvenile Justice Campus (Phase I) includes the following components:
•
A Detention Facility having a total of 240 beds, all in single occupancy cells. Each
housing unit will have eight 30-bed clusters constructed around the perimeter of an
open recreational field and will include dayroom areas, school classrooms, indoor
and outdoor recreation areas, and juvenile probation offices.
•
A Commitment Facility having a total of 240 beds. The commitment facility has been
designed in a campus style setting with four 30-bed stand-alone housing clusters
that contain a combination of single and double occupancy cells. Each 60-bed
cluster will include a dayroom area, a small outdoor recreation area, and program
office space. Unlike the detention housing units, the school and vocational
Staff Report – Page 3
classrooms, dining area, and large recreation areas are in independent buildings
separated from the housing clusters. The housing clusters and support facilities will
surround an open courtyard.
•
A Delinquency Court Facility that will include, but not limited to, a total of six
courtrooms and office space for support departments including the District Attorney,
Public Defender, Conflict Counsel, County Counsel, Probation, and Human Services
System.
•
An Institutional Core building that incorporates intake and release, medical,
Probation Administration, and mental health offices.
•
An Institutional Support building that incorporates laundry, warehouse, central plant,
and maintenance facilities.
According to the Operational Statement, minors arriving at the facility will be taken to
the Intake area for processing at which time the Probation Intake officer(s) completes
the pre-booking process and determines whether the minor should be released or
housed within the system.
Movement of minors to court or other transport is conducted in the Transportation area,
which is adjacent to Intake area. Minors scheduled for court or other transport activity
will move through a secured corridor.
The Institutional Core Building, Detention Building, and Commitment Building will each
have a designated Central Control Room. All movement in and out of the housing units
will be controlled by the respective Central Control Rooms. Each unit has a controlled
door from the main hallway leading into each 30-bed unit.
All services and programs provided to the detention facility will be delivered in the
housing units, in order to limit the amount of movement within the facility.
The Juvenile Justice Campus will have staff to carry out its various programs, including
administrative, supervisory, child supervision, special services (mental health, medical,
education, etc.) and support staff. The administrative, supervisory, special services,
and support staff will not be classified as child supervision staff.
The following outlines the child supervision staff levels which will be provided for the
detention and commitment facilities:
During the hours of 6:00 a.m. until 10:00 p.m., the detention facility will be staffed with
sufficient child supervision staff to provide one child supervision staff member for every
ten minors in custody. One additional child supervision staff member will be on duty
whenever the facility population has one or more minors over each multiple of ten.
During the hours of 10:00 p.m. until 6:00 a.m., there will be one child supervision staff
member for every 30 minors in custody. One additional child supervision staff member
Staff Report – Page 4
will be on duty whenever the facility population has one or more minors over each
multiple of thirty.
The commitment facility will have a more campus-like atmosphere and setting, with
classrooms and dining rooms located outside the housing units, with exception of high
the security unit which will be designed to accommodate visiting, education, dining, and
programs within the unit. The remaining commitment housing units will exit to a
secured outside courtyard walkway leading to school, dining, and recreation facilities.
Additional functions conducted at the site include food serving, booking, visiting and
attorney interviews, exercise areas, medical services, laundering, court holding and
movement, and school programs as described in the Operational Statement (See
Exhibit 4).
BACKGROUND INFORMATION / PROCEDURAL CONSIDERATIONS:
Fresno County proposes acquisition of an approximately 220-acre site that would be
capable of accommodating facilities for up to 1,400 beds in addition to the related
functions that would be located on the site. Related functions would include courts,
offices, medical and mental health facilities, probation department offices, group homes,
and related schooling, recreational, and community-based programs. It is anticipated
that development of the Juvenile Justice Campus (JJC) will occur in multiple phases
over 40 plus years.
The County initiated a search for potential locations for the JJC in October 2000. A total
of 22 sites were initially considered, and six sites (Sites 1a, 1b, 2, 3, 4 and 5) were
selected for further review. Each of the six sites was then subjected to more detailed
site evaluations and screening. In addition, several public hearings were held by the
county to solicit feedback on the sites being reviewed. During this process, Site 1b and
Site 3 were retained as final alternatives. Concurrent with this evaluation, an additional
alternative (Site 6) was presented to the county for consideration, and it was screened
and selected as a final alternative site also. On September 11, 2001, the Board of
Supervisors selected Site 6 as the Preferred Site. Although all three sites have been
evaluated in the EIR, only Site 6 is addressed in the following analysis.
On October 30, 2001, November 27, 2001, and January 8, 2002, the Board of
Supervisors adopted a Resolution of Intention to initiate the necessary land use permit
applications. These applications include a General Plan Amendment and Rezoning in
order to amend the Fresno County General Plan by re-designating the preferred site
from Agriculture to Public Facility and rezoning from the AE-20 (Exclusive Agriculture,
20 acre minimum parcel size) Zoning District to the AL-20 (Limited Agriculture, 20 acre
minimum parcel size) Zoning District, and the issuance of a Conditional Use Permit to
allow Phase I of the JJC. It is important to note that additional phases of the JJC facility
will require subsequent conditional use permit applications to be filed and approved.
Approval of the current request only authorizes development of Phase I.
Staff Report – Page 5
A General Plan Amendment and rezoning are legislative acts requiring Board of
Supervisors action. A decision by the Planning Commission in support of a General
Plan Amendment rezoning requests requires an affirmative vote of the majority of its
total membership, and is then forwarded to the Board as an advisory action. A Planning
Commission decision to deny a General Plan Amendment and rezoning, however, is
final unless appealed to the Board of Supervisors.
ENVIRONMENTAL ANALYSIS:
Fresno County has prepared a joint Program / Project Environmental Impact Statement
/ Environmental Impact Report (EIS/EIR) to evaluate the environmental impacts
associated with the proposed Juvenile Justice Campus (JJC), and its alternatives, for
consideration by Fresno County, the California Board of Corrections (BOC), the U.S.
Department of Justice, the Office of Justice Programs, and the Bureau of Justice
Assistance (DOJ OJP / BJA), in the decision-making processes. The document is a
combined EIS and EIR to concurrently satisfy the requirements of the National
Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).
DOJ OJP / BJA is serving as the lead agency under the NEPA process and Fresno
County is serving as the lead agency under the CEQA process.
A Program EIS/EIR has been prepared to assess impacts associated with site
acquisition and policy and planning issues associated with the proposed JJC. Because
the components and timing of activities associated with Phase I of the JJC are earlier
and more certain, impacts and mitigation related to this phase were assessed more
quantitatively. Conversely, as the components and timing of future phases are much
less certain and could occur over a 40-year planning horizon, associated impacts and
mitigation for these phases were less quantitative by necessity. Analysis of impacts
associated with future phases and construction activities would be speculative at this
point given the uncertainties associated with those phases (timing, design, configuration
and layout, etc.). As specific design elements and site plans are completed in the
future, the County will evaluate them for consistency with the scope of the impacts
discussions provided in the Program EIS/EIR to determine if additional environmental
documents must be prepared in accordance with CEQA.
A Program EIR is an example of a first-tier environmental document. Tiering refers to
the preparation of environmental documents using a multi-level approach where the first
tier includes an analysis of general matters contained in broader EIR’s. Subsequent
tiers include an analysis of narrower projects, and are typically Project EIR’s, Focused
EIR’s, or Mitigated Negative Declarations. The CEQA Guidelines encourage lead
agencies to tier the environmental analysis process for separate but related projects. In
this case, related projects include subsequent phases of this project.
A summary of the JJC capacity, need, and
associated environmental impacts addressed
and Exhibit No. 7. Environmental impacts
significant for Phase I of the JJC: water
square footage per campus phase, and
by the EIR are attached as Exhibit No. 5
in the following areas are identified as
resources, cultural resources, farmland
Staff Report – Page 6
protection, demographics, water supply, wastewater disposal, air quality, noise.
Environmental impacts in the following areas are identified as significant for full build-out
of the JJC: water resources, cultural resources, farmland protection, demographics,
community service, water supply, wastewater disposal, transportation, air quality, and
noise.
If the Commission determines to recommend approval of the project, several required
CEQA actions need to be completed. These actions are described on pages 22 and 23
of the Staff Report. An outline of the EIR certification process is provided in Exhibit 8 of
the Staff Report.
PUBLIC NOTICE:
Notices were sent to 310 property owners within one-quarter mile of the three
alternative sites, exceeding the minimum notification requirements prescribed by the
California Government Code and County Zoning Ordinance. Additionally, notices were
sent to each of the 15 cities in Fresno County and to all the agencies that received the
EIS/EIR.
KEY INFORMATION PERTINENT TO STAFF ANALYSIS:
•
Preferred Site Location:
Southwest quadrant of the American Avenue/State
Highway 99 interchange approximately one-half mile
south of the city limits of the City of Fresno and two
miles north of the city limits of the City of Fowler.
•
Use of Subject Property:
Rural homesites, vineyards
•
Surrounding Land Uses:
Vineyard, rural homesites, equipment sale and
warehouses
•
Surrounding Parcel Sizes:
Less than one acre to 77.80 acres
•
Nearest Residence:
•
General Plan and Zoning:
The project site is designated Agriculture and is
zoned AE-20 (Exclusive Agriculture, 20-acre minimum
parcel size). Surrounding parcels are also designated
Agriculture, Limited and General Industrial and are
zoned AE-20, AL-20, M-1 and M-3.
•
Zoning:
AE-20 Zoning District
•
Development Standards:
Minimum building setbacks to property boundaries
(35 feet front, 20 feet side and rear)
Approximately 500 feet north and south of the project
site.
Staff Report – Page 7
•
Access and Circulation:
Access to the 220-acre site will be provided by a
proposed access lane from E. American and E.
Jefferson Avenues, which are County-maintained
arterial and local roads, respectively.
•
Public Services:
No existing community water and sewer services are
available to this area. The nearest community water
main is located approximately 2.9 miles northwest of
the project site. The nearest community sewer main
is located approximately 1.8 miles west of the project
site.
•
Soil Quality:
The State Important Farmland map classifies the
project site as Prime and Unique Farmland and
Farmland of Statewide or Local Importance.
•
City Limits/SOI:
The city limits and Sphere of Influence of the City of
Fresno are located approximately one-half mile north
of the project site, near Malaga and Chestnut
Avenues.
The city limits of the City of Fowler are located
approximately two miles south of the project site, near
Golden State Boulevard and Adams Avenue. The
City of Fowler’s Sphere of Influence is located along
the eastern boundary of the project site.
The unincorporated community of Malaga is located
approximately one mile north of the project site.
ANALYSIS:
General Plan Amendment No. 491
Need for Proposed Juvenile Justice Campus:
The Fresno County Board of Supervisors initiated the planning process for the proposed
Juvenile Justice Campus (JJC) in October 2000. The Board’s goal was not only to
replace the existing Juvenile Hall but also improve juvenile justice services as a whole
in the County by providing comprehensive services (over time) on a consolidated site.
The initial steps in the planning process included a Needs Assessment, Schematic
Design Program, and Master Plan study to determine the space requirements for the
facility. As part of the Needs Assessment, juvenile justice data was reviewed to assist
in projecting future needs. In addition, user groups that would be co-located at the
Staff Report – Page 8
facility were interviewed to ensure that sufficient space was allocated for each user
group and program. Participants in this process included the Probation Department,
Mental Health Services, Superior Court, General Services, County Office of Education,
Sheriff’s Department, City Law Enforcement agencies, Public Works, Public Defender,
Conflict Defense Council, District Attorney, County Counsel, Public Works and
Planning, Human Services Systems, Information Technology Services, County
Administrative Office, and community-based organizations.
The initial Needs Assessment estimated housing needs for project phases through the
year 2017, resulting in 987 beds needed for detention, commitment, and group homes.
The Needs Assessment then extrapolated Fresno County’s juvenile justice needs to the
year 2040 based on the California Department of Finance’s projection that the juvenile
population for the County would increase by 47 percent for that time span. Based on
this analysis, the need for approximately 1,384 beds by the year 2040 was determined.
In February 2002, the Needs Assessment was updated based on data from the 2000
Census which identified a slightly higher need for 1,029 beds in 2017 and 1,521 beds in
2040.
The capacity of the County’s current facilities does not reflect the juveniles that are
currently sent to the California Youth Authority (CYA) for commitment. The proposed
JJC would allow the County to house and treat a portion of the youth population that is
currently sent to the CYA.
Site Size Requirement and Selection:
The required size for the proposed JJC was identified after detailed consideration of the
County’s juvenile justice needs through the year 2040 as discussed above. The JJC is
not limited to providing additional bed space, but includes co-locating a number of
functions that support the goal of increasing service delivery and efficiency in the
juvenile justice system. The size of the JJC site is also affected by the County’s desire
to provide space for vegetative buffers so as to minimize impacts on adjacent lands, as
well as to create a campus-like environment and provide open spaces for detainee
recreational activities. The need for buffers is considered particularly important for the
campus due to the correctional components of the campus.
Fresno County conducted an extensive search for potential sites. This process began
with the selection of a real estate firm in November 2000 to assist in the identification of
potential properties for siting the JJC. An extensive property search was then
conducted, which included the notification of over 500 property owners, real estate
agents, and brokers. As a result of the search 22 sites were identified and presented to
the County. In addition, individual property owners presented three potential sites to the
County. After reviewing all of the potential sites, a total of six sites, ranging in size from
83 to 240 acres were identified for further consideration. The sites were reviewed
against the criteria established by the County and several public hearings were held by
the County to solicit feedback on the sites being reviewed. Based on a review of the
available sites and input from the public, Sites 1b, 3, and 6 were identified for detailed
Staff Report – Page 9
consideration. With the exception of Sites 2 and 1a, the sites carried forward for further
consideration were the closest identified sites to downtown Fresno. Site 2 was
excluded from further consideration due primarily to the physical size limitation of the
site. Site 1a is adjacent to Site 1b and was considered to be of very similar character.
Based on input from the public, the Board of Supervisors identified Site 6 (American
Avenue and State Highway 99) as the Preferred Site for the acquisition, construction
and operation of the JJC.
The location and size (220 acres) of Site 6 is consistent with the County’s goal of
maintaining flexibility in order to adapt to changing demographic and service needs that
will occur over time. As the JJC consists of phased development, the County has the
flexibility to utilize only those portions of the site that are needed at the given time or
phase. Thus, portions of the site that are not initially needed or utilized can remain in
agricultural production or undeveloped. This approach would allow the County to
implement the master plan for the JJC without the need to acquire new or adjacent
properties that may otherwise not be available at a later date.
General Plan Goals and Policies:
The project site is designated Agriculture by the Fresno County General Plan and is
zoned AE-20 (Exclusive Agriculture). A major focus of the General Plan is on
maintaining the economic viability of agriculture and providing for the long-term
conservation of productive and potentially productive agricultural lands within the
County. The commitment to protecting the County’s agricultural land is also reflected in
other key policies that direct intensive development away from farmland to areas
planned for urban development.
Consistent with Policy LU-A.3 of the General Plan, certain non-agricultural uses,
including detention facilities, may be permitted in areas designated Agriculture subject
to specified criteria. One key criterion that must be met is that the proposed use in
intended to provide a needed service to the surrounding agricultural community or the
use requires location in a non-urban area because of unusual site requirements or
operational characteristics. In this case, the proposal is to accommodate a large
regional facility serving the entire county with operational characteristics and space
demands that limit available locations within existing urban areas.
The proposal is to acquire approximately 220 acres for the purpose of constructing and
operating a Juvenile Justice Campus capable of accommodating facilities for up to
1,400 beds in addition to the related functions such as courts, offices, medical and
mental health facilities, probation department offices, group homes, and related
schooling, recreational, and community-based programs. The facility is intended to
accommodate the County’s juvenile justice needs for the next 40 years.
As noted above, the size and scale of the facility was determined based on a Needs
Assessment that projected the need for 1,384 beds by the year 2040. The required size
Staff Report – Page 10
for the facility site was not limited to only providing additional bed space, but includes
co-locating a number of functions which support the goal of increasing service delivery
and efficiency in the juvenile justice system. The size of the juvenile justice campus site
is also affected by the County’s desire to provide space for vegetative buffers so as to
minimize impacts on adjacent lands, as well as to create a campus-like environment
and provide open spaces for detainee recreational activities. The need for buffers is
considered particularly important for the campus due to the correctional components of
the campus.
Two key criteria utilized for the citing for the proposed facility included the need to be
located a short travel distance from downtown Fresno and to have access to a major
transportation corridor.
In this case, the location of the proposed facility is
approximately eight minutes from downtown Fresno and has access to State Highway
99.
Fresno County is responsible for providing a wide range of public services to city and
unincorporated area residents including juvenile detention services. Policies contained
in the Fresno County General Plan support long-range planning efforts for public
facilities in order to maintain adequate levels of service to meet the needs of existing
and future populations. Additionally, the General Plan indicates the Public Facility
designation is intended to accommodate services and facilities necessary to the welfare
of the community, and states that typical uses may include liquid and solid waste
disposal, ponding basins, parks, schools, civic centers, hospitals, libraries, penal
institutions, and cemeteries.
Policy PF-C.17 of the Public Facilities and Services Element requires the County, 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 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.
Staff Report – Page 11
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.
As stated in the EIR, there are three alternative water supply options for Site 6. There
are two public entities, the City of Fresno and the Malaga County Water District
(MCWD), located in the vicinity of Site 6 that produce and provide potable water.
Depending on the selected location, potable water will be supplied by one of these
entities, or solely by onsite wells, or a combination of both. The nearest location to the
City of Fresno’s water supply is a 14-inch diameter water main located at the
intersection of Muscat and Cedar Avenues, approximately 2.9 miles from the site via
American Avenue (west) and Cedar Avenue (north). The nearest location to the
MCWD’s water supply is a 10-inch diameter water main along American Avenue and
Chestnut
Avenue.
As it relates to the on-site supply option, given the hydrogeology of the area and a
review of production rates for supply wells in the vicinity of the site (1,000 gpm to 2,000
gpm), sufficient water quantity can reasonably be expected at the site. Also, water
demand associated with the existing vineyards located on Site 6 is estimated to be
322,000 gallons (one acre-foot) of water per day, or 118 million gallons (365 acre-feet)
of water per year. Water demand associated with Phase I of the Proposed Action is
estimated to be 163,000 gallons (0.5 acre-foot) per day or 59.5 million gallons (173
acre-feet) per year. For full build-out of the Proposed Action, water demand is
estimated to increase to 466,000 gallons (1.43 acre-feet) per day or 170 million gallons
(522 acre-feet) per year.
Although some of the property would remain available for agricultural use during Phase
I of the proposed JJC, the overall use of groundwater is likely to be reduced, and a
benefit would be expected from reduction of groundwater withdrawals associated with
current agricultural production on the site. It is also anticipated that the full-build-out
water demand impacts would not be a concern given the hydrogeology of the area and
the commitment to evaluate each future phase of development.
Also, the proposed JJC site is located within the boundaries of the Fresno Irrigation
District, which has substantially achieved water balance within its boundaries.
Furthermore, on-site wells would be screened at depths (greater than 350 feet)
substantially deeper than existing local area wells.
The Transit Section of the Transportation and Circulation Element and the Air Quality
Section of the Open Space and Conservation Element of the General Plan promotes
alternatives to automobile uses including development of safe and efficient mass transit
systems in designated corridors where population and employment densities are
Staff Report – Page 12
sufficient or could be increased to support those transit service, particularly within the
sphere of influence of the cities and along existing transit corridors in the rural area of
the county. As development of the proposed facility occurs, consolidation of functions
currently located at various sites in the County would be at a centralized location thus
promoting efficiencies in transportation and potentially reducing the overall vehicular
miles traveled. Additionally, the proposed facility will be designed to accommodate
transit services as necessary.
Additionally, Policy PF-B.2 requires the County to seek broad-based funding sources for
public facilities and services that benefit current and future residents of the County. In
February 2002, the Board of Supervisors authorized submittal of a grant application for
a total of 24 million dollars to the State Board of Corrections to help reduce the County’s
cost of Phase I construction which is estimated to be approximately 176 million dollars.
In June 2002 Fresno County was awarded the 24 million-dollar grant.
Based on the above, staff believes re-designation of the site from Agriculture to Public
Facility is appropriate given the regional need of the facility and the need to be located
along a major transportation corridor.
Williamson Act:
The Preferred Site (Site 6) contains five residential homesites, but the dominant land
use is vineyards for the production of raisins. These vineyards occupy 210 acres of the
220-acre site. Of the 210 acres of tillable farmland, approximately 158 are considered
prime and unique farmland, and 36 acres have been designated as farmland of
statewide or local importance. Of the 220 acres, 87.27 acres are restricted under
Williamson Act contract (Agricultural Land Conservation Contract No. 4365 and No.
4368).
The Williamson Act is a program by which the County enters into contracts with private
landowners for the purpose of protecting agricultural lands by restricting specific parcels
to agricultural or open space uses. In return, landowners receive property tax
assessments which are much lower than normal because they are based upon farming
and open space uses as opposed to full market value.
Williamson Act contracts are in effect for a minimum of ten years, and are automatically
renewed each year for the succeeding ten-year period unless a notice of non-renewal is
submitted. The Board of Supervisors may cancel contracts, provided findings required
by State law can be made.
Although staff recommends that re-designation of the site from Agriculture to Public
Facility is consistent with the goals and policies of the General Plan, the State CEQA
Guidelines cite the conversion of prime agricultural land as a significant environmental
impact. The loss of this land for agricultural purposes will contribute to the ongoing loss
of farmland in Fresno County. Although the 158 acres of prime and unique farmland on
Site 6 would be converted to non-agricultural use by 2040, this conversion would be
Staff Report – Page 13
phased. The areas not included in the initial phases would be available for agricultural
production until later phases are implemented. According to the EIR, implementation of
this measure would reduce the short-term impact related to the loss of prime farmland,
however, the impact would still be considered significant and unavoidable.
Government Code Section 51291(b) stipulates that whenever it appears that land within
an agricultural preserve may be acquired by a public agency, that agency shall advise
the Department of Conservation (DOC), and the local governing body (Fresno County)
responsible for the administration of the preserve, of its intention to consider the location
of a public improvements within the preserve. Notification is intended to provide the
DOC an opportunity to consider issues related to agricultural land use, including but not
limited to, matters related to the effects of the proposal on the conversion of adjacent or
nearby agricultural land to non-agricultural uses. Notification has been provided to the
DOC and the Board of Supervisors will consider comments from the DOC prior to
authorizing acquisition of the property.
CONCLUSION:
Redesignation of the project site to Public Facility to accommodate the proposed
juvenile justice campus conforms with the goals and policies of the General Plan which
seek to maintain an adequate level of public service to meet the needs of the residents
of Fresno County. As noted in the analysis above, the Public Facility designation is
intended to accommodate services and facilities necessary to the welfare of the
community. In this case, the proposal is to accommodate a regional facility (Juvenile
Justice Campus) serving the entire county with operational characteristics and space
demands that limit available locations within existing urban areas. The facility also
needs to be located adjacent to a major transportation corridor to accommodate and
maximize accessibility.
Based on the above, staff recommends approval of General Plan Amendment No. 491.
Amendment Application No. 3725
NOTE:
1.
Amendment Application No. 3725 and Unclassified Conditional Use
Permit Application No. 3045 have been concurrently submitted in
conjunction with the above analyzed General Plan Amendment. The
Commission needs to first consider the issue of amending the General
Plan before taking action on these other applications. If it is determined
that the General Plan should not be amended, then the related
applications cannot be approved. Action needs to be taken on all
applications, whether denied or recommended for approval.
If General Plan Amendment Application No. 491 is approved, the subject 220acre project site would be designated Public Facility. The policies of the General
Plan indicate that the proposed AL-20 Zoning District is a compatible zoning for
Staff Report – Page 14
lands designated Public Facility. Therefore, the proposed AL-20 Zoning District
is consistent with the General Plan.
2.
Site 6 is located in a predominately agricultural area with surrounding land uses
consisting of rural homesites, agricultural uses, and limited light industrial
development. Properties north of American Avenue are planned for industrial
uses and are zoned AL-20 (Limited Agriculture, 20-acre minimum parcel size)
and M-3 (General Industrial, 9,000 square-foot minimum parcel size). Properties
south of American Avenue and east of Highway 99 are located within the City of
Fowler SOI, and planned for industrial uses and zoned AE-20 (Exclusive
Agriculture), M-1 (limited Industrial, 9,000 square-foot minimum parcel size), and
M-3 (General Industrial, 9,000 square-foot minimum parcel size). Properties to
the south of Jefferson Avenue and west of Highway 99 are planned for
agricultural uses and are zoned AE-20. Parcels in the area range in size from
less than one acre to 77.80 acres.
3.
The Transportation and Circulation Element of the General Plan provides that
necessary road improvements and right-of-way dedications be required as a
condition of land development to ensure that roads will safely serve expanding
development. The subject rezone area is located at the southwest quadrant of
the American Avenue and State Highway 99 interchange. Primary access to the
site will be via E. American Avenue which is classified as an arterial in the
Transportation and Circulation Element of the General Plan. American Avenue is
a two-lane undivided road developed with 23.6 feet of pavement within 60 feet of
existing right-of-way. The Average Daily Traffic (ADT) count for American
Avenue on this section of road is 600 vehicles. Secondary access to the site will
be provided from E. Jefferson Avenue, which is a County maintained two-lane
undivided local road developed with 21 feet of pavement width within 60 feet of
existing right-of-way. The Average Daily Traffic (ADT) count for Jefferson
Avenue on this section of road is 400 vehicles.
The standard right-of-way for Arterial roads is 106 feet, with 53 feet required on
each side of the centerline. Based upon this, the Development Engineering
Section recommends that 23 feet of right-of-way dedication along E. American
Avenue be required. Proposed improvements along American Avenue are
located outside of the ultimate right-of-way taking into account the required 35foot front yard setback.
A Traffic Impact Study (TIS) was prepared by the County’s environmental
consultant, Potomac-Hudson Engineering, as part of the EIR prepared for the
project, which indicates that the majority of the traffic generated from the JJC is
oriented towards the north and east of the subject property. Zip code
information, provided from the current employee base, was utilized in
establishing the commute patterns, and the distribution model was for the traffic
assessment. Based on this information, the project site will be primarily
Staff Report – Page 15
accessed from downtown Fresno via State Highway 99 south to American
Avenue.
Phase I traffic generated by the proposed JJC is expected to be 1,046 a.m. and
p.m. trips per day. Traffic generated at full build is expected to be 3,279 a.m. and
p.m. trips per day.
The TIS indicates that existing roadway segments along American and Jefferson
Avenues and State Highway 99 are currently functioning at level of service
considered adequate by the Design Division of the Fresno County Department of
Public Works and Planning and the California Department of Transportation
(Caltrans); and when the JJC commences operation of Phase I, the roads will be
adequate to accommodate the additional traffic. The existing pavement along
American Avenue will be widened at the driveway and a striped left-turn lane into
the site along west bound American Avenue will be provided in order to eliminate
the potential for adverse impacts on traffic flow related to traffic entering the
project site from the east and west.
The County has agreed to a mitigation measure which requires, within one year
of completion of Phase I, the collection of traffic counts at the State Highway 99 /
American Avenue on and off ramps, the American Avenue and JJC north
entrance, American and Chestnut Avenues, Jefferson Avenue, and the JJC
south entrance. The levels of service and operating conditions of these facilities
will be assessed based on the collected data and a Transportation Management
Plan for the campus will be developed. If warranted, requirements will be
implemented which could include additional roadway improvements, or
operational modifications to maintain acceptable operating conditions.
The County has also agreed to a mitigation measure that requires a phasespecific TIS be prepared for each future phase of development to assess the
potential impacts to the State Highway 99 interchange and the intersection of
American and Chestnut Avenues.
4.
The Fire Protection and Emergency Medical Services of the Public Facilities
Element of the General Plan indicates that consideration must be given to the
adequacy of fire protection and emergency medical facilities and services when
development is proposed in unincorporated area. Policy PF-H.1 indicates that
the County shall work cooperatively with local fire protection districts to ensure
the provision of effective fire and emergency medical services to unincorporated
areas within the county.
As noted in the EIR, the Fresno County Fire District (FCFD) serves most of the
unincorporated areas of the county, encompassing approximately 3,800 square
miles. Several other fire districts serve smaller areas of the county.
Staff Report – Page 16
The design and construction of the Phase I would comply with the Uniform Fire
Code and include state-of-the-art features for fire prevention, suppression, and
emergency response. Furthermore, water supply, storage, and distribution
facilities to be included in the proposed JJC design would provide appropriate fire
flow capacity. FCFD facilities nearest to Site 6 are the South Fresno Fire Station
(#87) at 4706 E. Drummond Avenue and the Easton Fire Station (#89) at 5810 S.
Cherry Avenue, which are both approximately four miles away. The County has
agreed to a mitigation measure which requires the County to coordinate with the
FCFD, and other fire jurisdictions as appropriate, to develop necessary measures
for fire protection services at the proposed JJC.
Because the proposed facility would include a medical clinic and infirmary to
serve the juvenile inmate population, reliance on existing hospital facilities in
Fresno County would be limited to medical and surgical conditions beyond the
clinic’s capabilities and would involve juveniles or staff personnel already residing
in Fresno County.
Unclassified Conditional Use Permit Application No. 3045
NOTE:
The following analysis addresses the Conditional Use Permit for Phase I
of the JJC project, which is being considered concurrently with General
Plan Amendment No. 491 and Amendment Application No. 3725.
General Plan Policies:
If General Plan Amendment No. 491 and Amendment Application No. 3725 are
approved, the subject 220-acre project site will be designated Public Facility in the
General Plan and zoned AL-20.
According to the General Plan, lands designated Public Facility are intended to
accommodate services and facilities necessary to the welfare of the community and that
typical uses may include liquid and solid waste disposal, ponding basins, parks,
schools, civic centers hospitals, libraries, penal institutions, and cemeteries. In this
case, the proposal is to construct and operate a juvenile justice campus and related
uses. Previous sections of this report address various General Plan policies that are
pertinent to this proposal. As a result, this application can be considered consistent with
the General Plan. A number of mitigation measures and conditions have been
incorporated into the project that address impacts to water, sewer, air, fire protection
and transportation.
Ordinance Compliance:
The proposed use is allowed in the AL Zoning District provided that an Unclassified
Conditional Use Permit is approved upon making the required findings.
Staff Report – Page 17
All proposed improvements comply with the AL-20 District Property Development
Standards.
Neighborhood Compatibility:
Site 6 is located in a sparsely populated area with surrounding land uses consisting of
rural homesites, agricultural uses, and limited light industrial development. Unlike urban
areas to the north in the City of Fresno and the unincorporated community of Malaga,
development in the area is generally separated in a pattern typical of rural farmland
(homesite surrounded by farming operation). Some industrial uses, including an
equipment sale and warehouse operation, exist north of American Avenue.
Development on Site 6 is limited to five residential homesites and associated accessory
agricultural structures.
Properties north of American Avenue are planned for industrial uses and are zoned AL20 (Limited Agriculture, 20-acre minimum parcel size) and M-3 (General Industrial,
9,000 square-foot minimum parcel size). Properties south of American Avenue and
east of Highway 99 are located within the City of Fowler SOI, and planned for industrial
uses and zoned AE-20 (Exclusive Agriculture), M-1 (Limited Industrial, 9,000 squarefoot minimum parcel size) and M-3 (General Industrial, 9,000 square-foot minimum
parcel size). Properties to the south of Jefferson Avenue and west of Highway 99 are
planned for agricultural uses and are zoned AE-20.
The current request seeks authorization to construct and operate Phase I of the
proposed Juvenile Justice Campus. Phase I (scheduled to be completed in the year
2006) would consist of a 240 bed Detention Facility, a 240 bed Commitment Facility,
Delinquency Courts, an Institutional Core building, a Central Plant Institutional Support
building and related interior circulation roads, parking, landscaping, possible connection
to the City of Fresno or Malaga Water District’s community sewer and water facilities, or
on-site waste water treatment facility, domestic water system, employee and public
parking, security lighting, and perimeter fencing. Full build-out of the Juvenile Justice
Campus is not expected to occur until at least 2040.
Development of Phase I would be located towards the central eastern portions of the
220-acre site along State Highway 99. The Commitment Facility will be located over
200 feet from State Highway 99 (east property line) while the Delinquency Courts and
Institutional Support building will be located over 700 feet from American Avenue (north
property line) and 800 feet from the west property line, respectively. According to the
site plan, all of the proposed improvements associated with Phase I meet the setback
requirements of the AL-20 District.
The operation of a juvenile justice facility in an agricultural area does have the potential
to create impacts to nearby properties relating to aesthetics, noise, outdoor lighting, and
farming operations.
Staff Report – Page 18
As described above, the proposal includes buildings ranging in size from 34,000 square
feet to 160,000 square feet. This will result in buildings of substantial mass which could
have an adverse visual impact on surrounding properties. It should be noted that
single-family residences exist on properties immediately to the north and south of the
subject site. The proposal has incorporated design features into the project which help
reduce this impact. Setbacks ranging from over 200 feet to over 800 feet will be
maintained for all buildings. Substantial landscaping including turf, trees, and shrubs will
be provided throughout the Phase I development.
A review of the submitted elevation drawings indicates that the buildings will be a
combination of cement plaster, stucco, and corrugated metal finish construction. The
roof design consists of flat roofs with heating and cooling units screened behind metal
screens. The maximum proposed building height is 35 feet (refer to Exhibit 10).
The potential for noise impacts is greater in a rural area, where the ambient noise level
is low and noise carries farther, than in an urban setting. As part of the Environmental
Impact Report prepared for the project, noise monitoring was conducted at each
alternative site to verify the predicted noise baseline conditions. The most significant
contribution to noise levels at Site 6 was the volume, speed, and characteristics of traffic
on adjacent roadways. As a result, the highest background noise observed at Site 6
was from State Highway 99.
Sensitive receptors in the vicinity of Site 6 are adjacent rural homesites located to the
south and west of the site, primarily along Jefferson Avenue (two properties on the
south side of Jefferson between Peach Avenue and Chestnut Avenue) and Chestnut
Avenue (ten properties between Jefferson and American). Several rural homesites are
also located along Peach Avenue, to the south of the site, as well as along American
Avenue, more than 500 feet to the west of the Oleander Canal. The properties located
on Peach Avenue that are near the site are within a few hundred feet of State Highway
99.
Noise associated with the construction and operation of the JJC would primarily be
related to the additional traffic generated by the campus, operation of facility equipment
(e.g. HVAC systems), and equipment used during construction. Construction-related
noise would be short-term and occur intermittently, or during each phase of
construction. Traffic and facility operation related noise would be long-term, and would
be expected to incrementally increase with each new phase of development. However,
certain long-term noise sources, such as grounds keeping equipment, may be
intermittent in nature. Each of these noise sources were evaluated in the EIR and
determined not to be significant given the current noise levels currently experienced by
the sensitive receptors in the area.
In addition to noise impacts, nearby residents may be subject to light and glare from
vehicle headlights, perimeter, and security lighting. As noted in the EIR, due to the
sparse residential development on surrounding properties, and the substantial buffer
distances available on the Site 6 property, impacts on nearby residents from light
Staff Report – Page 19
encroachment and nuisance glare is expected to minimal. It is, however, expected that
illuminated areas of the facility would be visible to State Highway 99 traffic and along
portions of American and Jefferson Avenues. In order to address this potential concern,
a condition is recommended to require that all outdoor lighting be hooded and directed
away from adjacent property boundaries
Based on discussions with the UC Davis Cooperative Extension, exterior lighting would
not attract pest insect species in sufficient numbers to measurably affect crop predation
on adjacent farmlands. Farming activities to the west and south should be unaffected
by the proposed Phase I facility given the substantial separation between the proposed
improvements and existing farming operations.
Access and Traffic:
Refer to pages 15 and 16 of the Staff Report for previous discussion on access and
traffic.
Environmental and Other Considerations:
Wastewater
As discussed in the EIR, three options for wastewater management for this site were
evaluated: discharging to the Fresno-Clovis Regional Wastewater Reclamation Facility
(FCRWRF), discharging to Malaga County Water District (MCWD), or the use of an onsite wastewater treatment plant. It was noted in the EIR that some combination of these
options could also be employed, such as the implementation of on-site wastewater
treatment in the initial phase (or phases) of the JJC with subsequent connection and
discharge to one of the municipal systems at a later date.
As noted in the EIR, the closest sanitary sewer line for the FCRWRF system is a 60inch diameter trunk line located at the intersection of Orange Avenue and North
Avenue, approximately 4.0 miles from the site via American Avenue (west) and Orange
Avenue (north). The closest feasible connection point to the MCWD system is a 15-inch
diameter sewer main south of the intersection of Central Avenue and Maple Avenue
(Figure 3L-1). The 15-inch sewer main is located approximately 1.8 miles from the site
via American Avenue (west) and Maple Avenue (north).
An on-site wastewater treatment facility, if utilized, would be located towards the
southwest portion of the site. During the EIR review process, the Regional Water
Quality Control Board (RWQCB) identified potential impacts to groundwater quality as
the result of the usage of an on-site Wastewater Treatment Facility. County staff met
with RWQCB staff and noted that the proposed treatment system would be tertiary
treatment and use of reclaimed water for crop or landscape irrigation would be at
acceptable agronomic rates. In addition, the County has agreed to several mitigation
measures that would require consultation with the RWQCB concerning the acceptable
system design, level of treatment and monitoring, and development of a groundwatermonitoring program. The RWQCB is acceptable to these measures.
Staff Report – Page 20
Air Quality
Fresno County is part of the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD), which extends from San Joaquin County in the north to Kern County in
the south and encompasses 27,000 square miles in the Central Valley. The district is
currently classified as a “serious non-attainment area” both for ozone and PM10.
The potential impacts on air quality that would result from the proposed JJC are
attributable to permanent sources, including mobile sources (vehicles associated with
facility operations) and stationary sources (boilers and emergency generators), as well
as temporary sources during construction (excavation, grading, equipment emissions,
etc.). Because most impacts on air quality from the JJC would be regional in scope,
only minor differences in the relative impact at alternative sites would be expected.
Mobile Sources
SJVUAPCD requires the calculation of mobile source emissions estimates (from motor
vehicles) for development projects. The URBEMIS7G computer model, which was
developed for use in estimating air emissions in California, was used to determine the
potential maximum increase in emissions from implementation of the JJC. The model
requires project-specific data, such as trip lengths, numbers of vehicles, and the local
setting (i.e., urban/rural). The model uses standard defaults for other general data, such
as emission rates for varying types of vehicles based on temperature, average speed,
and year of vehicle production.
Maximum vehicle traffic volumes for the proposed JJC were estimated based on the
number of parking spaces provided for each phase of development. Although visitors
and shift employees would enter and exit the campus at varying times throughout the
day, overlaps between shifts and the need for court visitors to sign-in at the court in the
morning require that there are enough parking spaces to accommodate all
visitors/employees that may access the facility over a 24-hour period. The estimated
number of parking spaces included in Phase I was 1,182 (998 actual), and there would
be an estimated 3,631 parking spaces at the completion of the final phase.
Based on the SJVUAPCD criteria of significance for NOx and ROG (10 tons/year), the
impacts from Phase I and full build-out would not create a significant impact. Although
these potential increases are below the thresholds for the criteria pollutants, Fresno
County would encourage carpooling and vanpooling to further reduce the potential
impacts of the mobile source emissions associated with the project.
Stationary Sources
All boilers, emergency generators and a co-generation plant will be specified and
selected for energy efficiency. In addition, all facilities will be constructed in an energy-
Staff Report – Page 21
efficient manner to reduce the need to operate boilers. Furthermore, boilers, generators
and co-generation would be fueled with natural gas, which is a low-emission fuel.
CONCLUSION:
Staff believes redesignation of the project site to Public Facility to accommodate the
proposed juvenile justice campus conforms with the goals and policies of the General
Plan which seek to maintain an adequate level of public service to meet the needs of
the residents of Fresno County. Staff also believes rezoning of site from the AE-20
Zoning District to the AL-20 Zoning District is consist with the General, and that the
required Conditional Use Permit findings can be made based on the factors cited in the
analysis and the recommended conditions. Staff therefore recommends that the project
be approved subject to the recommended conditions.
CEQA REQUIREMENTS AND PLANNING COMMISSION MOTIONS:
CEQA Requirements
Prior to taking action on the request, the Commission must specify the basis for
certifying the EIR pursuant to CEQA Section 15090, and must articulate the factors that
should be incorporated in the findings and statement of overriding considerations
required pursuant to CEQA Sections 15091 and 15093. The specific matters to be
addressed by the Commission are outlined below. At the conclusion of its discussion,
the Commission should continue the hearing to a subsequent hearing date to allow
County Counsel to prepare a draft resolution for adoption by the Commission and take
tentative action on the EIR, General Plan Amendment, Rezoning and Conditional Use
Permit.
Required CEQA Actions:
a.
Recommend certification pursuant to Section 15090 of the California
Environmental Quality Act (CEQA) Guidelines, that the EIR was completed in
compliance with CEQA; that the Commission has reviewed and considered the
EIR, and that the EIR represents the independent judgement of the County and
sets forth an adequate range of alternatives to this project.
b.
Adopt findings, pursuant to Section 15091 of the CEQA Guidelines, for the
identified significant environmental effects, and state that the administrative
record includes evidence and logical steps used in making these findings:
(1)
Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental
effects; and/or
(2)
Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such
Staff Report – Page 22
changes have been adopted by such other agency or can and should be
adopted by such other agency; and/or
(3)
c.
d.
Specific economic, social or other considerations make infeasible the
mitigation measures or project alternatives.
Make a statement of overriding considerations pursuant to Section 15093 that
the benefits of the project outweigh the unavoidable adverse environmental
effects, based on substantial evidence in the administrative record and fully
explained in the record of project approval.
Approve the Mitigation Monitoring and Reporting Program.
CEQA requires that the decision-making body identify which of the above findings listed
under “b”, above, applies to each significant environmental impact. In general, Finding
1 or 2 applies to significant impacts that are avoidable with the imposition of mitigation
measures or specific proposed operational procedures. In Exhibit 7, Summary of
Adverse Impacts, the significant impacts are identified by an “•” or “Z”. Finding 2 will
apply when an agency other than Fresno County is responsible for monitoring
compliance with the mitigation measure.
Finding 3 applies to those impacts that remain significant and unavoidable after the
imposition of any feasible mitigation measure. These impacts are categorized as “•” as
noted in Exhibit “7”. Staff recommends that the Commission articulate factors that
should be incorporated in the findings and then direct County Counsel to prepare
specific draft findings for each of the significant impacts.
CEQA also requires that the decision-making body adopt a statement of overriding
considerations with respect to those impacts that are significant and unavoidable.
There are two such impacts associated with this project. These impacts are listed in
Exhibit “7” of this Staff Report. Staff recommends that the Commission articulate those
social, economic and/or other factors that would justify approving the project despite
these significant unavoidable impacts and direct County Counsel to prepare a draft
statement of overriding considerations. At the continued hearing, the Commission will
take the four actions identified above relative to CEQA.
Recommended Motion (Approval Action)
General Plan Amendment No. 491:
•
Move to determine that the proposal to redesignate the subject parcels from
Agriculture to Public Facility (Juvenile Justice Campus) is consistent with the goals
and policies of the General Plan and that the Commission recommends that the
Board of Supervisors approve General Plan Amendment No. 491.
Staff Report – Page 23
Amendment Application No. 3725:
•
Move to determine that the proposed AL-20 zoning is consistent with the General
Plan and that the Commission recommends that the Board of Supervisors approve
Amendment Application No. 3725.
Unclassified Conditional Use Permit Application No. 3045:
•
Move to adopt findings as stated below and recommend approval of Unclassified
Conditional Use Permit Application No. 3045 with conditions as noted in Exhibit 12;
and
•
Direct the secretary to prepare resolution to the Board of Supervisors recommending
certification of the EIR and approval of General Plan Amendment No. 491,
Amendment Application No. 3725 and Unclassified Conditional Use Permit
Application No. 3045, subject to the conditions listed in Exhibit 12.
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Staff Report – Page 24