december 11, 2001 - board of supervisors agenda item › bos › agenda › 2001 › 20011211 ›...

THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY

DEPT: Planninq & Communitv Development BOARD AGENDA # 9:35 a.m.

Urgent Routine X AGENDA DATE: December 1 1. 2001

CEO Concurs with Recommendation YES- NO- 415 Vote Required YES - N O X (Information Attached)

SUBJECT: APPROVAL OF REZONE APPLICATION NO. 2001-06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELLIA & L PIRRONE. REQUEST TO REZONE FROM A-2-40 (GENERAL AGRICULTURE) TO PD (PLANNED DEVELOPMENT) TO ALLOW PI (PLANNED INDUSTRIAL) USES AND LOW INTENSITY COMMERCIAL USES AND TO CREATE PARCELS OF 1.23 rt. 1.23 rt. AND A 5.5 +AC. REMAINDER, LOCATED EAST OF HIGHWAY 99 AT THE INTERSECTION OF PIRRONE ROAD AND PIRRONE COURT, SALIDA. PLANNING COMMISSION RECOMMENDATION: THE PLP.NN!NG COMM!SS!ON, BASED ON A STAFF'S RECOMMENDATION, F(EC0MMENDS THAT THE BOARD OF SUPERVISORS APPROVE THIS PROJECT AS FOLLOWS:

1. FIND THE PROJECT TO BE "DE MINIMIS" FOR THE PURPOSES OF COLLECTION OF FISH AND GAME FEES PURSUANT TO CALIFORNIA CODE OF REGULATIONS SECTION 753.5, BY ADOPTING THE FINDINGS OF FACT CONTAINED IN THE ATTACHED CERTIFICATE OF FEE EXEMPTION, THOSE FINDINGS BEING BASED ON THE ANALYSES PRESENTED IN THE INITIAL STUDY, AND ORDER THE FILING OF THE CERTIFICATE OF FEE EXEMPTION WITH THE STANISLAUS COUNTY CLERK- RECORDER'S OFFICE.

(Planning Commission Recommendation Continued on Page 2) FISCAL IMPACT:

None.

.............................................................................................................. BOARD ACTION AS FOLLOWS:

No. 2001 -975

On motion of Supewisor~I_om~~~~mmmmmmmmmmmmmmmmmmmmmm , Seconded by S ~ ~ e ~ v i ~ o ~ C a r u s o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ and approved by the following vote, Ayes: Supervisors:~~Ma~i~dL~!~mmSirl!oonnn~a~u_~QI!a_n~~~~a_i~~Pa_u~ I-----------------------------------------------

Noes: Supewisors~None_ .................................................................................... Excused or Absent: Supervisors;kJg-n-e ------------------------------------------------------------------------. . . Abstarning: S~pe rv i so r~N~o~e ................................................................................ 1) X Approved as recommended 2) Denied 3) Approved as amended

INTRODUCED, ADOPTED. AND WAIVED THE FIRST READING OF ORDINANCE C.S. 781

ATTEST: CHRISTINE FERRARO TALLMAN, Clerk By: Deputy File No. ORD-54-1-35

SUBJECT: APPROVALOF REZONE APPLICATION NO. 2001-06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELLIA & L PIRRONE

PAGE 2

PLANNING COMMISSION RECOM- MENDATION CONTINUED: 2. ADOPT THE MITIGATED NEGATIVE DECLARATION PURSUANT TO

CALIFORNIA CODE OF REGULATIONS SECTION 15074(B), BY FINDING THAT ON THE BASIS OF THE WHOLE RECORD, INCLUDING THE INITIAL STUDY AND ANY COMMENTS RECEIVED, THAT THERE IS NO SUBSTANTIAL EVIDENCE THE PROJECT WlLL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT THE MITIGATED NEGATIVE DECLARATION REFLECTS STANISLAUS COUNTY'S INDEPENDENT JUDGEMENT AND ANALYSIS.

3. ADOPT THE MITIGATION MONITORING PLAN PURSUANT TO CALIFORNIA CODE OF REGULATIONS SECTION 15074(d).

4. ORDER THE FILING OF A NOTICE OF DETERMINATION WITH THE STANISLAUS COUNTY CLERK-RECORDERS OFFICE PURSUANT TO PUBLIC RESOURCES CODE SECTION 21 152 AND CALIFORNIA CODE OF REGULATIONS SECTION 15075.

5. FIND THAT THE PROJECT IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE COUNTY GENERAL PLAN;

6. FIND THAT THE PROPOSED PD ZONING IS CONSISTENT WITH THE PLANNED DEVELOPMENT GENERAL PLAN DESCRIPTION;

7. DETERMINE THAT NONE OF THE FINDINGS PRECLUDING PARCEL MAP APPROVAL CAN BE MADE;

8. FIND THAT THE PROJECT WILL INCREASE ACTIVITY IN AND AROUND THE PROJECT AREA, AND INCREASE DEMANDS FOR ROADS AND SERVICES, THEREBY REQUIRING DEDICATIONSAND IMPROVEMENTS;

9. APPROVE REZONE APPLICATION NO. 2001-06, SUBJECT TO THE ATTACHED DEVELOPMENT STANDARDS; AND,

10. APPROVE PARCEL MAP APPLICATION NO. 2001-06, SUBJECTTO THE DEVELOPMENT STANDARDS.

DISCUSSION: The project proposes to rezone a 2.46 acre portion of a larger parcel from A-2- 40 (General Agriculture) to PD (Planned Development) and create two parcels of 1.23 acres each, along with a 5.5 acre remainder, to accommodate uses which are largely based on the PI zone. Uses are proposed to be all those allowed in the PI (Planned Industrial) zone, plus the following additions:

SUBJECT: APPROVAL OF REZONE APPLICATION NO. 2001-06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELLIA & L PIRRONE

PAGE 3

DISCUSSION CONTINUED: Schools offering general academic instruction

Gymnastic and cheerleading schools Antique stores Spa sales Emergency Clinics Gun sales Indoor shooting range Household appliance and furniture sales and service

As generally required in PD zones w i th unspecified uses, a Staff Approval permit wil l be required for each business t o ensure compatibility wi th the zoning and the development standards. This application originally included a General Plan Amendment t o change the Community Plan designation t o PI. That was determined by staff t o be unnecessary as the General Plan itself is already PD and therefore consistent w i th the proposed Rezone.

Each of the t w o 1.23 acre parcels would be developed wi th a 5 0 f t x 475 ft (23,750 sq ft) building. The buildings will be constructed of a steel frame wi th stucco and glass and roll-up door exteriors as shown in Exhibit "A" . The construction materials and architecture style is similar to the projects recently constructed just north and south of this site. As occurred on a nearly identical project right next door t o this, eventually smaller parcels t o be owned by individual businesses will likely be created. A total of 9 6 parking spaces will be provided for the entire site, wi th reciprocal ingresslegress easements created for all the lots. The 5.5 acre parcel will remain zoned A-2 (General Agriculture) until a specific application t o rezone it is received and approved.

For additional project details, and discussion of required findings, please refer t o the attached Planning Commission staff report.

The General Plan and Salida Community Plan Amendments, which were approved in December 1988, designated this frontage area along Highway 99 for planned industrial uses. The list o f uses proposed by the applicant are those identified and permitted under Section 21.42.020 of the Zoning Ordinance for the PI zone, plus those listed above and similar uses as determined by the Director. However, since there are no specific uses proposed at this time, a Staff Approval Permit will be required for each business t o ensure compatibility w i th the zoning and the development standards. The project design and amenities are consistent wi th the type of development being developed for this area.

CONCLUSION

As is evident from the above discussion and the Commission report, the proposal is consistent wi th the overall Salida Mello-Roos project for this area and staff is in support of this project. The proposed changes in designations

SUBJECT: APPROVAL OF REZONE APPLICATION NO. 2001 -06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELLIA & L PIRRONE

PAGE 4

DISCUSSION CONTINUED: will allow this site to be marketed for Planned Development

commercial/industriaI uses which would seemingly be a good f i t for the site without impacting the surrounding area. The site is located within the boundaries of the Salida Mello-Roos project and the physical characteristics of the development will be similar to the projects currently under construction or existing just north and south of this site.

HEARING

On November 1, 2001, the Planning Commission held a public hearing for this project. No one spoke in opposition and Gerry Hughes appeared on behalf of the applicant. Given the lack of opposition and staff support, the Commission, with very little discussion, voted unanimously to recommend approval of the project.

POLICY ISSUES: The project is consistent with the County General Plan and the Salida

Community Plan.

STAFFING IMPACT: None.

ATTACHMENTS: Planning Commission Staff Report, November 1, 2001 Planning Commission Minutes, November 1, 2001

STANISLAUS COUNTY PLANNING COMMISSION

November 1,2001

STAFF REPORT

REZONE APPLICATION NO. 2001-06 & PARCEL MAP APPLICATION N0.2001-06 CECIL SHATSWELL I A & L PIRRONE VINEYARDS, INC.

REQUEST: TO REZONE 2.46 ACRES OF A 7.96 ACRE SITE FROM A-2-40 (GENERAL AGRICULTURE) TO PD (PLANNED DEVELOPMENT) AND CREATE PARCELS OF 1.23,1.23 AND A AC ACRE REMAINDERTO ALLOW THE DEVELOPMENT WlTH USES CONSISTENT WlTH OTHERS IN THE SURROUNDING VICINITY.

Owner: Applicant: Agent: Location:

Section, Township, Range: Supervisorial District: Assessor's Parcel: Referrals:

Area of Parcels:

Water Supply: Sewage Disposal: Existing Zoning: General Plan Designation: Community Plan Designation: Environmental Review:

Present Land Use: Surrounding Land Use:

APPLICATION INFORMATION

A & L Pirrone Vineyards, Inc. Cecil Shatswell Gerry Hughes East of Hwy. 99 on Pirrone Road, north of intersection of Pirrone Road and Pirrone Court, Salida 33-2-8 Three (Blom) Portions of 136-35-1 0 See Exhibit "0" Environmental Review Referrals Parcels 1 and 2:1.23 acres: Remainder: 5.5 acres. City of Modesto Salida Sanitary District A-2-40 (General Agriculture) Planned Development Planned Industrial Mitigated Negative Declaration recommended Vacant Hwy.99, orchards commerciallindustriaI buildings, both existing and under construction, and mini-storage facility under construction.

REZ 2001 -06 & PM 2001 -06 Staff Report November 1,2001 Page 2

PROJECT DESCRIPTION

The project proposes to rezone a 2.46 acre portion of a larger parcel from A-2-40 (General Agriculture) to PD (Planned Development) and create two parcels of 1.23 acres each, along with a 5.5 acre remainder, to accommodate uses which are largely based on the PI zone. Uses are proposed to be all those allowed in the PI (Planned Industrial) zone, plus the following additions:

1. Schools offering general academic instruction 2. Gymnastic and cheerleading schools 3. Antique stores 4. Spa sales 5. Emergency Clinics 6. Gun sales 7. Indoor shooting range 8. Household appliance and furniture sales and service

(Please refer to Exhibit G)

This is virtually the same list as is being proposed for an already constructed similar set of buildings located across Pirrone Road from this site. Uses deemed by the Planning Director to be siiiiilai to those listed could also be peiiiiiiied oii a case by case basis. Poieniial occupants at present include a furniture store and a gun sales business. It is staff's opinion that none of these low-intensity, low traffic-generating uses will make any significant impact to the surrounding area. They are very similar to other uses already found in the vicinity. They are, we believe, consistent with the developing character of this area east of Highway 99, between the Hammett Road and Salida Boulevard Interchanges.

It has never been the goal or intention of the County to permit this area to become an exclusively commerciallretail area. As you can see, the proposed uses which would be in addition to those permitted under PI zoning are indeed commercial in nature for the most part. Staff supports the inclusion of these uses in the PD request. At the same time use of the staff approval process will insure our ability to balance the mix of uses so that the project area does not transform from an industrial area to a shopping center. We will ensure, for example, that parking demands of the limited retail facilities do not adversely impact the ability of industrial operations to serve their customers, have truck access, and the like.

As generally required in PD zones with unspecified uses, a Staff Approval permit will be required for each business to ensure compatibility with the zoning and the development standards. This application originally included a General Plan Amendment to change the Community Plan designation to PI. That was determined by staff to be unnecessary as the General Plan itself is already PD and therefore consistent with the proposed Rezone.

Each of the two 1.23 acre parcels would be developed with a 50 R x 475 ft (23,750 sq ft) building. The buildings will be constructed of a steel frame with stucco and glass and roll-up

REZ 2001-06 & PM 2001-06 Staff Report November 1,2001 Page 3

door exteriors as shown in Exhibit "A". The construction materials and architecture style is similar to the projects recently constructed just north and south of this site. As occurred on a nearly identical project right next door to this, eventually smaller parcels to be owned by individual businesses will likely be created. A total of 96 parking spaces will be provided for the entire site, with reciprocal ingresslegress easements created for all the lots. The 5.5 acre parcel will remain zoned A-2 (General Agriculture) until a specific application to rezone it is received and approved.

BACKGROUND

In September 1987, an application was submitted which included a request to amend the County General Plan, the Salida Community Plan and expand the Salida Wastewater Treatment Plant. An Environmental Impact Report (EIR) was prepared on this project. In December 1988, the Board of Supervisors certified the Final EIR as complete and approved the General Plan and Salida Community Plan amendments. The Use Permit for the expansion of the sewer facilities was approved by the Planning Commission on April 10, 1989.

The proponents included the formation of a Mello-Roos Community Facilities District and the development of the Salida PD Guidelines in their original project proposal in order to finance the needed infrastructure, offset many of the anticipated impacts and establish development criteria to guide individual projects and provide consistency witinin tne overall projeci boundary. The Salida PD Guidelines were adopted by the Board in August 1989.

Since the approval of the General Plan Amendment, the project proponents have finalized the details of the various facility plans and fee programs including sewer, water, drainage, circulation, and parks. In addition, a County Service Area (CSA) has been formed for the maintenance of the storm drainage system, park, and wall landscaped areas, as well as, for the provisions of extended sheriff services.

The Salida "Mello-Roos" project, as it is commonly known, includes a mixture of land uses. Although residential uses make up the majority of the project area, there are also commercial, industrial, and public areas included. This project is the latest of several to be proposed in an industrial designated area outside of the Landmark Business Park. Earlier ones are either operational or under construction. Staff believes that this is an area developing in a very appropriate manner which will eventually contain a variety of uses meeting the needs of Salida and the region as well.

ENVIRONMENTAL REVIEW

Stanislaus County has determined that it is the Lead Agency for Environmental Review under CEQA for the proposed project. As such, staff has prepared an Initial Study and proposed a Mitigated Negative Declaration. The environmental documentation is attached. Staff has not received any significant comments on the document. A copy of the referral checklist is included. The proposed Mitigated Negative Declaration declares the proposed changes will not have a significant effect on the environment and incorporates the mitigation measures identified in the Initial Study and the previously certified EIR.

REZ 2001-06 & PM 2001-06 Staff Report November 1, 2001 Page 4

PLANNING CONSIDERATIONS

This is a two part application which requires specific findings for the Rezone and Parcel Map. The concern pertaining to the Rezone is simply that it must be found to be consistent with the General Plan and Salida Community Plan designations. In this instance, the proposed PD (Planned Development) zoning is the same as the Salida Community Plan designation of Planned Industrial and consistent with the Planned Development General Plan designation for this site. Therefore, this finding of consistency can easily be made.

The second area of consideration pertains to the parcel map which would create two separate parcels and a remainder.

20.12.040 Findings requiring disapproval.

A tentative map shall not be approved or conditionally approved by the Commission if it makes any of the following findings:

A. That the proposed map is not consistent with applicable general and specific plans;

B. That the design or improvements of the proposed subdivision is not consistent with appiicable geneiai and specific pians;

C. That the site is not physically suitable for the proposed density of development;

D. That the site is not physically suitable for the type of development;

E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

F. That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

G. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through, or use of, property within the proposed subdivision. In this connection, the commission may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall apply only to easements of record or easements established by judgment of a court of competent jurisdiction.

Staff believes, based on the information provided, that none of the above findings which would require denial of the parcel map can be made. The proposed three parcel tentative maps are

REZ 2001 -06 & PM 2001 -06 Staff Report November 1,2001 Page 5

consistent with the Community Plan, General Plan and proposed zoning. Building setbacks comply with all existing easements and a reciprocal ingresslegress easement will be provided for all parcels to share parking facilities. The site will be served by public water and sewer systems, as well as a positive storm drainage system.

DISCUSSION

The General Plan and Salida Community Plan Amendments, which were approved in December 1988, designated this frontage area along Highway 99 for planned industrial uses. The list of uses proposed by the applicant are those identified and permitted under Section 21.42.020 of the Zoning Ordinance for the PI zone, plus those listed above and similar uses as determined by the Director. However, since there are no specific uses proposed at this time, a Staff Approval Permit will be required for each business to ensure compatibility with the zoning and the development standards. The project design and amenities are consistent with the type of development being developed for this area.

CONCLUSION

As is evident from the above discussion, the proposal is consistent with the overall Salida Mello-Roos project for this area and staff is in support of this project. The proposed changes in designations will allow this site to be marketed for Planned Development commerciailindusiriai uses which would seemingly be a good fii for the siie wiinoui impacting the surrounding area. The site is located within the boundaries of the Salida Mello-Roos project and the physical characteristics of the development will be similar to the projects currently under construction or existing just north and south of this site.

RECOMMENDATION

Based on all evidence on the record, and on the ongoing discussion, staff recommends that the Planning Commission recommend that the Board of Supervisors take the following actions regarding this project:

1. Find the project to be "De Minimis" for the purposes of collection of Fish and Game Fees pursuant to California Code of Regulations Section 753.5, by adopting the findings of fact contained in the attached Certificate of Fee Exemption, those findings being based on the analyses presented in the Initial Study, and order the filing of the Certificate of Fee Exemption with the Stanislaus County Clerk-Recorder's Office.

2. Adopt the Mitigated Negative Declaration pursuant to California Code of Regulations Section 15074(b), by finding that on the basis of the whole record, including the Initial Study and any comments received, that there is no substantial evidence the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects Stanislaus County's independent judgement and analysis.

3. Adopt the Mitigation Monitoring Plan pursuant to California Code of Regulations Section 15074(d).

REZ 2001-06 & PM 2001-06 Staff Report November 1,2001 Page 6

4. Order the filing of a Notice of Determination with the Stanislaus County Clerk- Recorders Office pursuant to Public Resources Code Section 21152 and California Code of Regulations Section 15075.

5. Find that the project is consistent with the overall goals and policies of the County General Plan;

6. Find that the proposed PD zoning is consistent with the Planned Development General Plan description;

7. Determine that none of the findings precluding parcel map approval can be made;

8. Find that the project will increase activity in and around the project area, and increase demands for roads and services, thereby requiring dedications and improvements;

9. Approve Rezone Application No. 2001-06, subject to the attached Development Standards; and,

10. Approve Parcel Map Application No. 2001-06, subject to the Development Standards.

Report written by: Bob Kachel, Senior Planner, October 16, 2001

Attachments: Exhibit A - Maps Exhibit B - Initial Study and Environmental Review Referral

and Responses Exhibit C - Mitigated Negative Declaration Exhibit D Mitigated Monitoring Plan Exhibit E - Development Standards Exhibit F - Certificate of Fee Exemption Exhibit G - Permitted Uses

Reviewed by:

I I

Bob Kachel, Senior ~ ~ a n d e r

REZ. N02001-06 \ P.M. N0.2001-06 BY: CECIL SHATSWELL & A&L PIRRONE

B-NESS PARX

luullll u-

WESTERN BUSINESS BARK PIRRONE ROAD, SALIDA

Stanislaus County Planning and Community Development

10 10 IOthStreet, Suite 3400 Modesto, CA 95354

Phone: (209) 525-6330 Fax: 525-5911

CEQA INITIAL STUDY Adapted from CEQA Guidelines APPENDIX G Environmental Checklist Form. Final Text, October 26. 1998

1. Project title: Rezone Application No. 2001 -06, &Parcel Map Application No. 2001-06 -Cecil ShatswelllA&L Pirrone Vineyards, Inc.

2. Lead agency name and address: Stanislaus County 1010 10th Street, Suite 3400 Modesto, CA 95354

3. Contact person and phone number: Bob Kachel, Senior Planner (209)525-6330

4. Project location: The site is located on the east side of Pirrone Road, south of the Hammett Road interchange, in the unincorporated community of Salida.

5. Project sponsor's name and address: Cecil Shatswell 4981 Cloutier Drive Salida, CA 95368

6. General plan designation: Planned Development; Salida Community Plan Designation; Planned Industrial

7. Zoning: A-2-40 (General Agriculture)

8. Description of project: Request to rezone 2.43 acres of an 8.01 acre site from A-2-40 (General Agriculture) to PI (Planned lndustrial) to allow the development of a commerciallindustrial site. The project includes 47,500 square feet of leaseable building area for uses allowed in the PI (Planned lndustrial) zone, along with several other specified uses. It will be served by public sewer, water and storm drainage systems. The General Plan designation for the site is Planned Development, and the Salida Community Plan designation is Planned Industrial. The site is a part of the Salida Mello-Roos project approved in December, 1988. It is subject to the mitigation measures and development standards adopted for that project.

Stanislaus County Initial Study Checklist Page 2

9. Surrounding land uses and setting: The site currently is agricultural land. There are other similar PI properties in the area, houses to the east and Highway 99 to the west..

10. Other publicagencies whose approval is required (e.g., permits, financing approval, or participation agreement.)

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

n~esthet ics n ~ ~ r i c u l t u r e Resources 1

n ~ i r Quality

nBiological Resources n ~ u l t u r a l Resources n ~ e o l o g y /Soils

n ~ a z a r d s & Hazardous Materials OHydrology I Water Quality q Land Use I Planning

n ~ i n e r a l Resources n ~ o i s e n ~ o ~ u l a t i o n I Housing

n ~ u b l i c Services q Recreation n~rans~ortationlTraffic

n ~ t i l i t i e s I Service Systems n ~ a n d a t o r y Findings of Significance

DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

17 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are

, nothing further is required.

Auqust 3. 2001 Date

Bob Kachel


Printed name For EVALUATION OF ENVIRONMENTAL IMPACTS:

1) A brief explanation is required for all answers except "No lmpact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No lmpact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).

2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant ImpacVis appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant ImpacY entries when the determination is made, an EIR is required.

4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses." may be cross-referenced).

5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:

a) Earlier Analysis Used. Identify and state where they are available for review.

b) Impacts Adequately Addressed. ldentify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.

c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.

7) Supporting Information Sources: A source list should be attached, and othersources used or individuals contacted should be cited in the discussion.

8) This is only a suggested form, and lead agencies are free to use differentformats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.

9) The explanation of each issue should identify:

a) the significance criteria or threshold, if any, used to evaluate each question; and

b) the mitigation measure identified, if any, to reduce the impact to less than significance.


Potentially Significant

impact

ISSUES I. AESTHETICS -Would the project:

a) Have a substantial adverse effect on a scenic vista?

b) Substantially damage scenic resources, including, but

Less Than Significant

With Less Than Mitigation Significant No included Impact impact

not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

c) Substantially degrade the existing visual character or €4 quality of the site and its surroundings?

d) Create a new source of substantial light or glare which El would adversely affect day or nighttime views in the area?

Discussion: The buildings and elevations proposed for the site are similar to those already existing along Highway 99. The project would have no effects on aesthetics by obstructing any scenic views or create offensive public views. Lighting willbe shielded from the neighboring residential uses.

Mitigation: None.

References: StanislausCounty General Plan and Support Document. Salida PD Guidelines, and the Salida Mello-Roos Project Final EIR.

II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:

a) Convert Prime Farmland, Unique Farmland, or La Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

b) Conflict with existing zoning for agricultural use, or a El Williamson Act contract?

c) Involve other changes in the existing environment t8 which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use?

Discussion: The site has been designated for urban use in the Salida Community Plan for many years. Although considered to be prime farmland, the site is adjacent to Highway 99 and urban development and included in the Salida Community. Development, consistent with the Community Plan, will compliment the surrounding areas.

Mitigation: None required

References: Stanislaus County General Plan and Support Document, the Salida Community Plan, and the Salida Mello-Roos Project EIR.

Stanislaus County initial Study Checklist Page 5


Potentially With Less Than Significant Mitigation Significant NO

impact Included Impact impact

I l l . AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:

a ) Conflict with or obstruct implementation of the applicable air quality plan?

b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?

c ) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?

d ) Expose sensitive receptors to substantial pollutant concentrations?

I? IXI

IXI

[XI

e) Create objectionable odors affecting a substantial [XI number of people?

Discussion: The proposed rezone is consistent with the overall project originally analyzed. However, the construction phase will be subject to District Regulations Vlll (Fugitive Dust Prohibitions). The cornmerciallindustriaI facility will be required to obtain Air Pollution Control District sign-off prior to final occupancy.

Mitigation: The project will be subject to the rnitigation measures identified and incorporated Into the Saiida PD Guidelines. In addition, rnitigation of potential deterioration of ambient air quality due to cumulative, on-going impacts of the proposed project will be through the following mitigation measures:

1. Pay required Capital Facilities fees for use in transportation infrastructure improvements

2. Developershaiiimplement the mitigation measures fortraffic impacts identified underXV. Transportationflraffic.

3. All clearing, grading, earth moving, or excavation activities shall cease during periods with winds greater than 20 miles per hour averaged over one hour.

4. All materials transported off-site (trucks hauling earth, gravel or othermaterials to and from the project site) shall be either sufficientiy watered or securely covered to prevent excessive amounts of dust.

5. Ail material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering should occur at least twice daily with complete coverage, preferably in the late morning and affer work is done for the day. An effective watering program (at least twice daily with complete coverage) is estimated to reduce dust emissions by up to 50%. if water is in short supply, alternative dust control measures, such as chemical stabilizers or wind barriers, may be used. The SJVAPCD should be consulfed prior to construction to aid in planning for dust control.

6. Any burning of cleared vegetation shall be performed in conformance with SJVAPCD rules and regulations.

7. The construction phase shall be subject to Air Pollution Control District Regulations Vill (Fugitive Dust Prohibitions).



Potentially With Less Than Significant Mitigation Significant No

impact Included impact Impact

8. Priorto the issuance of a building permit, the Air Pollution Control District shall be consulted and sign-offor the use received.

References: San Joaquin Valley Air Pollution Control District.

IV. BIOLOGICAL RESOURCES -Would the project:

a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?

c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

d) Interfere substantially with the movement of any native resident or migratoryfish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

Discussion: The project area is within the boundaries of the Salida Mello-Roos project. There is no record or evidence of the presence of rare or endangered species in the area. This site has been leveled in the past for agricultural uses and currently contains a cherry orchard.

Mitigation: 9. Impacts from the proposed project are assessed to be of equal or lesser severity than those identified in the

Salida General Plan Mello-Roos Environmental Impact Report. Therefore, mitigation measures identifiedin the General Plan Mello-Roos project EIR and the Statement of Overriding Considerations contained in the Board of Supervisors Resolution No. 88-1 595 are adequate to mitigate the land use impacts from the proposedproject, where feasible, and are hereby incorporated by reference.

References: Stanislaus County General Plan and Support Document and the Salida Mello-Roos Project EIR

Sfanislaus County Initial Study Checklist Page 7



Impact included Impact impact

V. CULTURAL RESOURCES -- Would the project:

a) Cause a substantial adverse change in the significance of a historical resource as defined in n15064.5?

b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to =15064.5?

[XI

[XI

c) Directly or indirectly destroy a unique paleontological (7 I7 [XI resource or site or unique geologic feature?

d) Disturb any human remains, including those interred (7 [XI outside of formal cemeteries?

Discussion: The project would not alter or destroy any prehistoric or historic archaeological site, building, structure, or object, affect unique ethnic cultural values or restrict religious or sacred uses. As a result of many years of extensive agricultural production, virtually all of the land in the Plan area has been previously altered from its native or riparian state. There are no known sites of unique prehistoric or ethnic cultural value.

Mitigation: 10. Should any archeological or human remains be discovered during development, work shall be immediately

halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the find is determined to be historically or culturally significant, appropriate mitigation measures to protect and preserve the resource shall be formulated and implemented.


VI. GEOLOGY AND SOILS --Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

ii) Strong seismic ground shaking? 0.

iii) Seismic-related ground failure, including liquefaction?

iv) Landslides?

b) Result in substantial soil erosion or the loss of topsoil?

c) Be located on a geologic unit or soil that is unstable. or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?

d) Be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating substantial risks to life or property?

[XI

I7 [XI

(7

(7

I7 [XI

(7

t8

[XI

(7

[XI

[XI




Impact Included Impact Impact

e) Have soils incapable of adequately supporting the use [II [Xi of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

Discussion: The site is flat, having been leveled for agricultural purposes many years ago. There are no known faults or geologic hazards associated with this area.


References: Stanislaus County General Plan and Support Document, Salida Mello-Roos Project EIR, and the Alquist- Priolo Earthquake Zone Map.

VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project:

a) Create a significant hazard to the public or the • environment through the routine transport, use, or disposal of hazardous materials?

b) Create a significant hazard to the public or the C] environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result. would it create a significant hazard to the public or the environment?

e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?

f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?

g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

h) Expose people or structures to a significant risk of loss. injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?

[Xi

E4

[Xi

[Xi

[Xi

[Xi





Discussion: The anticipated risk of explosion or release of hazardous substancesfrom possible uses within the project is considered to be minimal. These uses would be subject to permits and regulations by the appropriate agencies. There is no anticipated interference with emergency response or evacuation plans from the proposed project.


References: Stanislaus County General Plan and Support Document, GEOAnalytical laboratories Soils Report, 1990, Department of Environmental Resources records.

VIII. HYDROLOGY AND WATER QUALITY -- Would the project:

a) Violate any water quality standards or waste discharge €4 requirements?

b) Substantially deplete groundwater supplies or interfere !8 E l substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?

c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?

d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface ~ n o f f in a manner which would result in flooding on- or off-site?

e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?

f) Otherwise substantially degrade water quality?

g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other fiood hazard delineation map?

h) Place within a 100-yearflood hazard area structures which would impede or redirect flood flows?

i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?

j) Inundation by seiche, tsunami, or mudflow?




Impact included Impact Impact

Discussion: Development of the project area wiil result in changes in absorption rates, drainage patterns, and the rate and amount of surface run-off equal to the area of impervious surface created by building and paving. The project is currently located within the boundaries of the current Salida Master Storm Drainage System area. All developments within the project area wiil be required to connect to the master system which requires the instailation of master system improvements or payment of fees to develop the system.

Mitigation: I I . Mitigation ofpotential changes in absorption rates, drainage patterns, and the rate and amount ofsurface wafer

run-off will be through connection to the masterstorm drainage system and payment of the appropriate fees.

References: Stanislaus County General Plan and Support Document, FEMA Flood Maps, the Department of Public Works and the Saiida Melio-Roos Project EIR.

IX. LAND USE AND PLANNING -Would the project:

a) Physically divide an established community?

b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?

c) Conflict with any applicable habitat conservation plan or natural community conservation plan?

Discussion: The proposed project area is located within the boundaries of the approved Salida "Meilo-Roos" General Plan and Community Plan Amendments. Thisarea was designated for Planned lndustrial usesand analyzed in the Final EIR prepared for that project (SCH #87081812). The Planned lndustrial Community Plan designation anticipated uses as outlined in Section 21.42.020 of the Zoning Ordinance. The project is consistent with these identified uses. The proposed uses are consistent with the adopted plans for the site. The site is adjacent to other similar uses, State Highway 99 on the west, and residential uses on the east. The proposed Planned IndustriallCommerciai facility is consistent with the Salida Community Plan designation of Planned lndustrial and the General Plan designation of Planned Development.

Mitigation: None required.

References: Stanisiaus County General Plan and Support Document and the Saiida Mello-Roos Project EIR

X. MINERAL RESOURCES --Would the project:

a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?

b) Result in the loss of availability of a locally-important minerai resource recovery site delineated on a local general plan, specific plan or other land use plan?

Discussion: Any development that may uitimateiy occur in the Salida area does result in the utilization of natural resources (water, natural gas, construction materials, etc.), however, these resources will not be depleted by this project. All new development is required to be consistent with the Salida General Plan Amendment and Community Plan Melio- Roos Projectwhich inciudesanalysis of natural resources that are consumed within the Pianning Area. No development can be approved without adequate provisions for these resources.

22

Stanislaus County initial Study Checklist Page I1


Potentiaily With Less Than Significant Mitigation Significant No


Mitigation: None. Required.


XI. NOISE --Would the project result in:

a) Exposure of persons to or generation of noise levels in 17 (XI 17 excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

b) Exposure of persons to or generation of excessive (XI groundborne vibration or groundborne noise levels?

c) A substantial permanent increase in ambient noise (XI levels in the project vicinity above levels existing without the project?

d) A substantial temporary or periodic increase in (XI ambient noise levels in the project vicinity above levels existing without the project?

e) For a project located within an airport land use plan tz or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?

f ) For a project within the vicinity of a private airstrip, (XI would the project expose people residing or working in the project area to excessive noise levels?

Discussion: Development of the proposed project will not result in increases to noise levels or exposure to severe noise levels beyond that already analyzed in the Final EIRfor the Salida Mello-Roos project.

Mitigation: 12. Mitigation measures identified in the Salida Mello-Roos EIR and PD Guidelines are adequate to mitigate any

noise impacts from the proposed development and are hereby incorporated by reference.

References: Stanislaus County General Plan Noise Element, Salida Mello-Roos Project EIR , and the Salida PD Guidelines.

XII. POPULATION AND HOUSING --Would the project:

a) Induce substantial population growth in an area, (XI either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?

b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?

c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?

IXi

(XI




Impact included Impact impact

Discussion: The proposal would provide jobs and services for the area and would not induce any additional growth in the area as it is already a part of an approved development.


References: Stanislaus County General Plan, Salida Community Plan and the Salida Mello-Roos Project

XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, In order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection? C] IXI

Police protection? 13 E3 13

Schools? 13 IXI

Parks? 0 €4

Other public facilities?

Discussion: The impacts from the proposed project will be consistent with those identified in the Saiida Mello-Roos Project EIR for traffic, water, drainage, schools, parks, and sewer. The mitigation measures included in the previous approvals and Salida PD Guidelines are adequate to mitigate these impacts and are hereby incorporated by reference.

Mitigation: 13. Developer shall pay all Public Facilities Fees as adopted by Resolution of the Board of Supervisors.

14. Developer shall pay any and aN fees set forth in the Salida Planned Development Guidelines for Salida as adopted by the Board of Supervisors as amendedprior to the issuance of a building permit. The fees shall be based on the rates in effect at the time of building permit issuance.

References: Stanislaus County General Plan and Title 23 of the Stanislaus County Code. Salida Planned Development Guidelines, and the Salida Mello-Roos Project EIR.

XIV. RECREATION --

a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

Discussion: The project will have impacts similar to those identified in the Salida Mello-Roos EIR, in which this project Is a part. Mitigation measures have been identified and included in the EIR, Salida PD Guidelines, and are hereby incorporated by reference.




impact included Impact Impact

Mitigation: Refer to Mitigation Measures No. 13 and 14.

References: Stanislaus County General Plan. Salida-Mello Roos Project EIR, and the Salida PD Guidelines

XV. TRANSPORTATIONITRAFFIC -Would the project:

a) Cause an increase in traffic which is substantial in El relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)?

b) Exceed, either individually or cumulatively, a level of • • €4 • service standard established by the county congestion management agency for designated roads or highways?

c) Result in a change in air traffic patterns, including €4 either an increase in traffic levels or a change in location that results in substantial safety risks?

d) Substantially increase hazards due to a design feature [7 • [Xi • (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g.. farm equipment)?

e) Result in inadequate emergency access? [Xi

f) Result in inadequate parking capacity? I3 [Xi [7

g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts. bicycle racks)?

Discussion: Street improvements, including curb, gutter, sidewalk, pavement, pavement striping and drainagefacilities, will be constructed along Pirrone Road.

Mitigation: Refer to Mitigation Measures No. 13 and 14.

References: Stanislaus County Public Works Department, Salida PD Guidelines, and the Salida Mello-Roos Final EIR.

XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project:

a) Exceed wastewater treatment requirements of the €4 • applicable Regional Water Quality Control Board?

b) Require or result in the construction of new water or iZ wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

c) Require or result in the construction of new storm !z water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?


Less Than

d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?

Potentially Significant

Impact

e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments?

f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs?

g) Comply with federal, state, and local statutes and regulations related to solid waste?

Significant With Less Than

Mitigation Significant No Included Impact impact

IXI

Discussion: Development of the project area wiil cause normal extension of water, sewer, refuse facilities, electrical and communication faciiities. The need forthese faciiities was analyzed and mitigated through the regional Saiida Mello- Roos project. This proposal will have impacts which are equal to or less severe than the original project, and thus the mitiaation measures identified and adopted in the Salida Mello-Roos EIR and Salida PD Guidelines are adequate to mitigate the impacts for this proposal, and are hereby incorporated by reference

Mitigation: Refer to Mitigation Measures No. 13 and 14,

References: Salida Melio-Roos Final EIR and the City of Modesto

XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?

b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerabie" means that the incremental effects of a project are considerabie when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?

c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

SUMMARY The project at hand proposes to rezone 2.43 acres of an 8.01 acre property to allow for development of this Planned lndustriallCommerciai facility. The site is within the boundaries of the Salida Mello-Roos project and subject to the development standards and mitigation measures adopted for the project. This is the latest non-residential request in this area for development within the Saiida Meilo-Roos project. The proposed uses were anticipated in the EIR previously proposed and outlined in the Salida PD Guidelines.

SUMMARY RESPONSES: ENVIRONMENTAL RE W REFERRALS PROJECT: REZONE2001-06 & PARCEL MAP2001-06 -CECIL SHATSWELL I A & L PIRRONE VINEYARDS

11 REFERRED TO: RESPONDED RESPONSE MITlGATlOh MEASURES

DATE: SEPTEMBER 12.2001 MMNO ~ l e u s WmCE

= YO WILLNOT HAVE

S4GNIFIC.W T IMPACT

MAYHAVE SIONIRWNI

IMPACT

NO CDMMWT

NON C E W

YES NO

.?'.:.:.: ,+ 2' A T E OF C A L I F O R N I A

b. f l l .. @ C . ~ . . . ~ . z ~ GOVERNOR'S OFFICE $PLANNING AND ~ E A R C H

Gray Davis State Clearinghouse Steven A. Nissen - GOVERNOR DIRECTOR

Septenlber 12,2001

Bob Kachel Stanislaus County Planning Department 1010 10th Street, Suite 3400 Modesto, CA 95354

Subject: Rezone 2001-06, and PM 2001-06 - Cecil ShatswelliA&L Pirrone Vineyards, Inc. SCHk 2001042112

Dear Bob Kachel:

The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on September 10,2001, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act.

Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office.

Sincerely,

Terry Roberts k

Senior Planner, State Clearinghouse

1400 TENTH STREET P.O. BOX 3044 SACRAMENTO. CALLFORWR 9jSI2-3044

916-445-0613 FAX 916-323-3018 W"WW.OPR.CAGOVICLEARINGHOUSE.HTM1 g& .... -.-.

Document Details Report State Clearinghouse Data Base

SCH# 2001042112 Project Title Rezone 2001-06, and PM 2001-06 -Cecil Shatsweli/A&L Pirrone Vineyards, Inc

Lead Agency Stanislaus County

Type Neg Negative Declaration

Description Request to amend the General Plan Designation from Planned Industrial to Planned Development, rezone from A-2-40 (General Agriculture) to Planned Deveiopment and create three parcels of 1.23+1-, 1.23+/-, and a 5.5+/- acre remainder to allow Planned Industrial uses along with some Low Intensity Commercial Uses.

Lead Agency Contact Name Bob Kachel

Agency Stanislaus County Planning Department Phone 2091525-6330 Fax email

Address 1010 10th Street, Suite 3400 City Modesto Stat9 CA Zip 95354

Project Location County Stanislaus

city Region

Cross Streets Pirrone Court Parcel No. 136-08-28 Township 2 Range 8 Section 32 Base

Proximity to: Highways 99

Airports Railways

Waterways Schools

Land Use Orchard, A-2-40 (General Agriculture)

Project Issues

Reviewing Resources Agency; Department of Conservation: Department of Fish and Game, Region 4; Office of Agencies Historic Presewation: Department of Parks and Recreation: Office of Emergency Services: Caltrans,

District 10; Department of Housing and Community Development; Department of Food and Agriculture; Integrated Waste Management Board; State Water Resources Control Board, Division of Water Quality: Regional Water Quality Control Bd.. Region 5 (Sacramento); Native American Heritage Commission; Public Utilities Commission; State Lands Commission

Date Received 0811012001 Start o f Review 0811012001 End of Review 09/1012001

32 Note: Blanks in data fields result from insufficient information provided by lead agency.

San Joaquin Valley Air Pollution Control District

September 12, 2001

Bob Kachel Stanislaus County Planning and Community Development 1010 10" Street Suite 3400 Modesto, CA 95354

SUBJECT: REZONE APPLICATION # 2001-06 AND DARCEL MAP APPL-[CATION # 2001 -06

Dear Mr. Kachel:

The San Joaquin Valley Air Pollution Control District (District) has reviewed the proposed project and offers the following comments:

The San Joaquin Valley's air quality has been designated nonattainment by the EPA and by the Air Resources Board (ARB) for 0 3 (ozone) and PM-10 (fine particulate matter, dust). The Federal Clean Air Act (CAA) and the California Clean Air Act require areas that are designated nonattainment to reduce emissions until standards are met.

While the proposed rezoning application would not directly impact air quality, these actions would eventually lead to the development of the project site with industrial uses. The entire San Joaquin Valley is nonattainment for ozone and fine particulate matter (PM-10). This project would contribute to the overall degradation of air qulaity through the following actions: increases in traffic, operation of landscape maintenance equipment, and space and water heating if gas fired appliances are used. Although development of this project site alone would not generate significant air emissions, the increase in emissions from this development, and oiners iike it, .wouici curnulattvefy reduce the air quality in the San Joaquin Valley. Thus, the project would make it more difficult to meet mandated emission reductions and air quality standards. Therefore, a concerted effort should be make to reduce project-related emission, as outline below.

The construction phase of this project can generate emissions from the movement of soil, use of heavy equipment, bulk materials handling, asphalt paving and other related activities. As a result, this project is subject to District Regulation Vlll (Fugitive Dust

David L. Crow Executive DirectodAir Pollution Control Oiiicer

blarihern Region OEicice Central Region Office Soutl~ern Regian Office 4230 Uiernan Avenue, Suite 130 1990 East Cetiyshurg Avenue 2700 M Street, Suite 275

Modesto. CA 95356-9322 Fresno, CA 93726-0211 3akersfield, CA 93301.2373 (2091 537-6400 e FAX (2091 .i57-6~!.i5 (559) 230-6030 0 FAX (5591 230.6061 (6511 326-6900 FAX (661) 326-6985

wwb..,. wallepir.or:: r - 2 i

Stanislaus County Rezone Application #2001-06

September 12,2001 Page 2

Prohibitions). The purpose of Regulation Vlll is to reduce the amount of fine particulate matter (PM-10) entrained into the ambient air from man-made sources. The attached Synopsis highlights many of the requirements contained within Regulation VIII. The Synopsis is not meant to be all- inclusive, but it can be a useful compliance aid in the field and office alike.

There are a number of mitigation measures that can be incorporated into the design of this project to reduce the overall level of emissions. (Note: Some of the mitigation measures may already exist as county development standards. All other measures should be implemented to the ful!est extent possible.)

+ Provide bicycle parking facilities for patrons and employees. Employee bicycles parking should be enclosed or in a covered secure area.

+ Exits onto adjoining streets should be carefully designed to reduce time required to re-enter traffic from the project site.

t Planting of deciduous trees on the south and westerly facing sides of buildings.

+ Provide low nitrogen oxide (NOx) emitting andlor high efficiency water heaters.

t If transit service is available to the project site, improvements should be made to encourage residents to use it. If transit service is not currently available, but is planned for the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas, and shelters.

t Sidewalks and bikepaths should be installed throughout as much of the project as possible and should be connected to any nearby open space areas, parks, schools, commercial areas, etc.

If the project site contains any buildings needing demolition or renovation the applicant will need to be in compliance with the National Emission Standards for Hazardous Air pollutants (NESHAPS). Specifically, the primary air pollutant of concern is asbestos. To ascertain whether this project is subject to NESHAPS, the project applicant is advised to review the enclosed Asbestos - Compliance Assistance Bulletin, dated December 1994. Leaf Sexton is the Northern Region's District contact for the program and is available should you need further assistance.

Thank you for the opportunity to comment. If you have any questions, please feel free to contact me at (209) 557-6400.

Sincerelv,

John Cadrett Air Quality Planner Northern Region

APCD REF # 200101 39

SAN JOAQUIN VALLkf UNIFIED AIR POLLUTION CON fROL DISTRICT

Regulation Vlll Fugitive DustlPM-10 Synopsis

L i e 8010 Administrative Requirementls

Section - 2.0

as to odsc~re an ooservers Kew to a degree equal to or greater than an opactty of 40%. :or a'pe"od or periocs aggrqatng more trtart ihree' n:nutes In any one hour. except as set fonh in Rule 8030. 5.1 j

Applicability Requirementsllmplementation

1 5.4 1 Dust Palliative and Asphalt Paving. I Shall comply with other applicable District Rules (i.e. Rule 4641). I

Applicability: This regulation applies to specified outdoor man-made sources of fugitive dust for the purpose of attaining health-based standards for fine Darticulate matter (PM-10). [For the Dumose of this regulation, vlsibie dust emissions (VDEJ is defined as: visible dust of such ooacib

4.0

5.1

Exemptions: (AN Regulation Vlll Rules) Actions required by law to protect the environment: current District permitted activities with PM-10 control measures greater than or equal to this regulation; pubiic health &safety emergency operations lasting less than 30 days: vegetative reduction required by a Federal, State or local agency for fire prevention; and activities conducted above the elevation of 3000 feet (but not including reporting requirements specified in Rule 8060), or during freezing conditions.

5.5

Exemptions: Land preparation for agriculture, not including land preparation for construction of structures intended for agricultural use;; blasting activities: maintenance or remodelina activities when total buiidino area is not increased more than 50% or 10.000 so. ft. (but not including I

Chemical Stabilizing Agents.

Mud and Dirt Trackout. Requirements In this regulation do not exempt ownerslope~ators from other agencies' required I ermlts for dirt and mud cleanup.

2 0

andllary construction such as expanding parking lots); renovationof ground water recharge basins: activities approv'ed prior to October 6. 1993; and solar drying & harvesting of sedimentary caldum carbonate precipitates. Compliance with Section 5.1 of this rule is not required where soil moisture or natural crusting is sufficient to limit VDE:. I

Must meet ARBIEPA acceptability and airlwater quality standards.

Rule 8020 Construction, Demolition, Excavation, Extraction Applicability: Any wnsk;ction, demoliton, excavaton, extraci.on, wa:er mcning related dist~rSances of so. , and the nital consu.cLon of landtlis pnor to commencement of landfiii operatons.

Operation of wrecking balls or wrecking equipment.

5.1

All disturbed areas of a construction site, including storage plies, not used for seven or more days.

Land clearing. grubbing, scraping, excavation, land leveling, grading, cut &fill, and demolition activities.

On-site unpaved roads and off-site unpaved access mads.

Effective dust suppression utilizing water, presoaking, wetting agent, or other surfactant.

All exterior surfaces of a building up to six stories in height shall be wetted during demolition Materials resulting from razing or demolition shall be wetted during off-site removal.

Effective stabilization to limit VDE (40%) by utilizing water, a chemical stabiiizerlsuppressant. or planting vegetative ground cover.

Effective control of fugitive dust to limit VDE (40%) by utilizing water or a chemical stabilizer1 suppressant.

1 5.4 1 Public oaved mads. shouiden. and I Limit or ommotiv remove anv accumulation of mud or dirt at the end of work dav or once everv 24 1 I I accessways adjacent to the sfte. h o ~ n . ~ e c o h h e n d use of pave0 aprons gravel strips or wheel washen. w he cse o: blow;

dev:ces for the removai of accJmulalions is proh:bted. The use of ary rotary orcshes s prohio!ed,

Condtions where mo:sture content of tne material is sufficiert to Ilmt VDE: agicu !ural harvesting and open area orytng of agrtcLlt~ra crop ma:er:als: crnber narvesing an0 stogge of logs: dust bee ma1er:als: materials less than 250 C L O ~ yards a: a s'ngle site: ano

I I except where preceded or accompanied by wetting to limit dust e m n

Rule 80?;0 Storage, Handling and Transport of Bulk Materials

I materials subiect to damage by wetting. I

2.0

. .

Tmspon of oui& materials in an I Chdlc/conveyer m-st be f~ i .y enciosed, or spray eqJpmen: wets materials to in : ! VDE (20% 1 Oulooor area for a 0:siance of w e ve 1 opaaty) as defned in D slrict R- e 410:-V;s b:e Emissions or maier'ais conveyel are wasned

Applicability: Outdoor handiinglstorage of bulk material emitting visible dust. Additional requirements may appiy lf compliance with this Rule requires the instaliation or modification of equipment under existing District permit.

feet or greater with the use of a chute separated, or screened to remove PM-10. or conveyor device.

Materials transported by vehicle, except equipment on site adding to or removing fmm storage piles.

Limit or promptly remove any accumulation of mud or dirt at the end of work day or once every 24 hours. Wet material to limit VDE (40%). or provide at least six inches of freeboard space from the top of the transport container, or cover the container.

5.3 Outdoor storage of materials greater than 250 cubic yards.

Cover materials or stabilize to limit to VDE to 40% utilizing water, a chemical stabilizerlsuppressant, or a vegetative cover within seven days after the addition or removal of materials.

Rule 804.0 Landfills

Limit or promptly remove any accumuiation of mud or dirt at the end of work day or once every 24 hours. Recommend use of oaved aorons, gravel strios. or wheel washers. The use of blower I

2.0

5.1

5.2

devices for the remova of aic~muli t ions isprohib ted. The use of dry rotary brushes is proh:blred except where preceded or accompan;ed by wet ng to m : l dust emissons.

Adjacent pubiic paved roads, shoulders &accesses.

Applicability: All operational landfill sites, landfill dosure activities, and activities conducted at closed landfiil sites which disturb surface soils covering an area of more than one acre.

I I Storage of construction vehicles. Rule 8070 applies. equipment, and materials.

Constructior~ of a landfill site.

5.2.1

Keep a copy of RDSl at the landfill site or other site approved by District for inspection by authorized District empioyees upon request. I

Rule 80Ei0 Paved and Unpaved Road

Requirements of District Ruie 8020 and the California Code of Regulations (CCR) Sections 17616 and 18222 apply.

Interior roads of the landfiii site.

I I Ewemotions: Easements and mads orovidina access for not more than ten residences: oaved roads iess than three miles in ienoth. and I

Landfill roads connected to off-site adjacent paved public roads must be paved for a sufficient distance to allow mud and dirt accumulation to drop off. Sufficient deaning of interior roads to limit carry out onto the offsite public roads. The use of blower devices for removal of accumulations is prohibited. Use of dry rotary brushes Is prohibited, except when preceded or accompanied by sufficient wetting.

2.0

~~ ~ .~ ~ ~

Jnpaved roads less than % mle in lkcgth; ag;iculhral access roads: gate0 roaos ownedby a public agency special distrcr, 0' kot ic at I ly on which pubiic access is pronib ted, roao mantenance and res~r'ac'ng actvit:es, no! !nclLd ng reconshaon or rroo.ficauons that ado travei

cons1nct:on bids b.ave been awarded, prior to December 10. 1093. Comply wth Amer:can Assoc aeon of State Highway an0 TranspomQor. OfCcais (AASHTO)

approvals o:=ed roads with gudelines for the wid!n of shouloers and median shou ders Agdiional req~iremenls exempfons or

Applicabilit/. Any paved or ~npavcd p~S.:c or priva:e roao street, hghway, freeway, ai.ey, way, access drcve, access ease.men1. or oriveway constructed or modified after Decemoer 10. 1993. Road constr~ction and repair act:vlues are sLb;ect to reqLtrements set fortn in R.lc 8C20.

projected average daily vehicle trips of alternative compliance measures may appiy. 500 vehicles or more. I

I

I I Consuuclion and ase of new maveLJ At least 50% of the Iengp. of tne new unpaved road sarface is contro:ied by app1icz:lon of chenica' roads or road segments (except where dust suppressanttstabl izer, or tne en?re unpaved s~r face is wntroteo by a3p ication of water at ieast nat~ra i moisture IS suffcient lo limlt one lime per week as necessary, or at ieast 25% of the iength of !he new unpaved road is paved to

I I VDE). I pmvide apermanent stable suriace. I I 1 Government Agencies wth jurisd ction Requrc preparavon and sbomittat of a written reoor. to tne SJVLAPCD aocumenting wmplance

over pubiiciy main1a:ned pave0 roads witn the pr0vis:ons o! th:s R ~ l e . lniiai repor! prepared for the year 1994 and bienniaiiy hereafter. 1 I open to public access. I Additional requirements apply.

Rule 807'0 Parking, Shipping, Receiving, Transfer, Fueling and Service Areas

For additional information, please contact the Compliance Division of your nearest regional office:

2.0

3.0

4.1

4.2

Northern Region Central Region Southern Region 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Ave. 2700 M Street. Suite 275

Modesto CA 95356-9321 Fresno CA 93726 Bakersfield CA 93301-2370 (209) 557-6400 (559) 230-5950 (661) 326-6900

Applicability: All unpaved vehicle andlor equlpment parking areas, fueling and service areas; and shipping, receiving, and transfer areas which are of one acre or larger in size.

Exemptions: Activities described above which are conducted on sites less than one acre in size; agricuiturai activities, induding storage. maintenance, and parking of agricultural equipment associated with those activities; temporary areas used for timber harvesting activities: and exposed surfaces of lake and river beds. On days the area is used (except where naturai moisture Is sufficient to limit VDE).

Pubiic paved roads, shoulders. and access ways adjacent to the site.

Appiication of either water at least once daily, a chemical dust suppressanffstabiiizer in accordance with manufactureh recommendations for road applications, or gravei to the entire surface.

Limit or prompuy remove any accumulation of mud or dirt at the end of work day or once every 24 hours. Recommend use of paved aprons, gravel strips, or wheel washers. The use of blower devices for the removal of accumulations is prohibited. The use of dry rotary brushes is prohibited, except where preceded or accompanied by wetting to limit dust emissions.

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION bONTROL DISTRICT Compliance Assistance Bulletin- December, 1994

Asbestos Synopsis

N::.ii j..:,-,,? 3- a r s c r r ~ r notil,catmon ! : r l !:r a n v r?JulJ!r$ .cnora!icn or damol~lton. 10 wortmg d a r r before Inr acl i r ! ' ,

Oarnolition Relaasa Form: Pnor ro any damol,t~on, you molt have complstsd a damoliuon release l o o . Upon its approval by toe ; ;.: :! :h ,s s , q ~ ~ d !?.- mar ~e used a s oiool lneeoed bv the bulldeng official1 of comoliance u l t h , or eremolton from. the ? ; : 5 - A ? a;t,f,ca!,on rtqutremrn:r

I Subrn~ l trus f o rm t o the buddzng deeanment with your appl tcat~an r i l i a 1e-noL.Iaan perm,:. I Applicability I Fa:lli3..cs su:.e:t t o the r i f 5 - 4 " 'ir2uta:ed tat$iit,ers ~n:i;;cr 31' :-qmcrcael Dui!dlngr, apanments wztr morc than 4 unl!s, c:ie. ... .. - .. :-i 3-5 .:.=:-:a: r t:,.s.-?-: S s n ~ ~ t lac:!., o n e ! , -I: - ? . :? e l . - 3 ' . EL! Crly ~r J :as? :i : 3 5 5 c z r i I -- !

I Dcmoli:lonr rAcr,ect 13 t h t * i r M P i r e ~ ~ l a i e e :e-::i,:ionsl arc a?rni i l# l~anr of td~ lbr l i~z described above . une ! r . t 2. 2:: arzcr::.. I S preiea: I I Repulated renovation applies to any actrvlcy in w h c h 160 sq. h. of regulated a~berlor.conlamnl~g budding materlalr or 260 ibnra.

feet of arbertar-contatntng oipe lnrvlatlon ir djsrvrbed a1 a regula!rd faclllty. I I Asbssros Notification and Inspection R ~ ~ ! J l r e ~ e n t s

F a ! , c : : i C J a ! a cul:.-jc and $:rlcme-: cxsepl for slnglc larntly dwellmgs anu apafimenrs wl:n lour or f cne r owe,,.n~ unl:r.. S~ngle famdy dwel!ings and apanrner.:s arc also sublecl to the regulation i!

There ( 5 morc tcao one ourlding a: a s l i t vcing renovaled 2 : :emsl~s?ec. :r

u The building had bean used for, or is being removed for a comrnerc8ai or pubi~c use. c, ts lo be useo aa a lramfng burn exercisz.

Altenng a facilify or one or more faclllty ComDonents in any way, including the rinpping or removal of tegulared asbeslos.conla~nlng rnaterlai IRACMJ from a fac!liry cornpooem. Renovations include all aciwsues in whrch asbestos Could be disiurbcd at a reguiated facility, including 1he clean u p and removal of debris from buildings wbch have burned.

Dernoliuon: In additjon t o the total destructton of a structure, demolitions anciude 'the removal of any sirucrural load-bearing member from a facility logether wvth any related handling operations or the intentional burning of a building' loaining burns conducted by a fire fighung agencyl. Also, the repsratron of a StNctUrc f rom 1:s foundation pr~ar t o rc locar i~n is a demolition.

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION bONTROL DISTRICT Compliance Assistance Bulletin- December, 1994

Asbestos Synopsis

I t ] Friable asbestos.containing mafarial IACMI. 12) Category 1 nonfriable ACM in poor condif ion and 'has become friable" or that has or will bs subjected to sanding, grinding, cutting, or abrading. (31 Caregory II nonfriable ACM that has a high probability of becoming, or as become. crumbled, pulverized, or reduced to powder by fhe forces expected to act on the material in the course of demolition or renovarion.

iable Asbesros -Conraining Any material containing more than 1 percent asbestos, as determined by Polarized Light

arerial IACMI: Microscopy IPLMI testing, which, when dry, can be crumbled, pulverized. or reduced to powder by hand pressure.

aregory I nonfriable ACM: Any asbestos-containing packingr, gaskets. resilient floor covermgs, and asphalt roofmg products containing more than 1 percent asbestos as determined by PLM testlna.

aregory N nanfriable ACM: Any asbestos-containing materials, excluding Category 1 ACM, containing more than 1 percent asbestos as determined by PLM testing, which when dry, cannot be crumbled.

Any regulated demalirlon.

. Any renovation activity in which more than 1 6 0 sq. fr. of any building material or 260 linear feet of pipe insulation will be dcsturbed. An inspection is not required if the material to be disturbed is stipulated l o be asbestos-containing and will be removed in accordance wirh the NESHAP.

lnseection R e ~ a n Must Include:

.A schemaric showing the location of all tested materials.

The following data for all asbestos-containing materials: 1. The amount and description of each material. 2. Percent asbestos contenr.

. Any regulated demolition

. Any renovation in which more than 1 6 0 sq. ft. or 260 linear h. of RACM will be disturbed.

After the Districr has received a demolition notification and is satisfied that rhe NESHAP notification requirements have been

For additional information, please contact the Compliance Division of your nearest regional office:

Northern Region Central Region Southern Region 4230 Kiernan Avenue, Suite 130 1990 East Gettysburg Ave. 2700 M Street, Suite 275

Modesto CA 95356-9321 Fresno CA 93726 Bakersfield CA 93301-2370 (209) 557-6400 (559) 230-5950 (66 1) 326-5900

STANlSLAUS COUNTY CEQA REFERRAL RESPONSE FORM

TO: Stanislaus County Planning & Community Development 1010 loLh Street, Suite 3400 Modesto, CA 95354

FROM: LAFCO

PROJECT: REZONE APPLICATION NO. 2001-06 AND PARCEL MAP 2001-06 - CECIL SHATSWELUA&L PIRRONE VINEYARDS, INC.

Based on this agencies particularfield(s) of expertise, it is our position the above described project:

- Will not have a significant effect on the environment. _x_ May have a significant effect on the environment.

No Comments.

Listed below are specific impacts which support our determination (e.g., traffic general, carrying capacity, soil types, air quality, etc.) - (attach additional sheet if necessary)

1.

a. 4.

Listed below are possible mitigation measures for the above-listed impacts: 1. 2; 3. 4.

In addition, our agency has the following comments (attach additional sheets if necessary).

Response prepared by:

Fran Sutton-Berardi Executive Officer 9 August 2001 Name Title Date

I:\Eva\Referrais\200i\CEQA-3Oday-negdec - Shatswell Pirmne - Rezone 2001-06 B PM 2001-06.wpd

Although the project would not require any approvals by the LAFCO, the following comments are offered as an interested agency:

The project description includes "PI (Planned Industrial) uses along with some low intensity commercial uses". The initial study fails to identify or discuss the proposed "low intensity commercial uses" and put forth any data or reasons why they are considered appropriate for the area and will have no additional impacts not already adequately mitigated either under this proposed negative declaration or the approved Salida Mello-Roos mitigation plan. In order for the initial study and proposed mitigated negative declaration to be considered adequate, these must be identified and discussed in the document.

Also of note, the project description only includes a rezone and parcel map application number, however, the map exhibits depict a General Plan Application number. This inconsistency should be corrected.

DEPARTMENT OF PLAhadNG AND COMMUNlN DEVELOPMENT

1010 idh street, Suite 3400, Modesto, CA 95354

phone: 209.525.6330 Fax: 209.525.5911

May 14,2001

MEMO TO: Department of Planning and Community Development

FROM: Ron Cherrier, Senior Land Development Coordinator.

SUBJECT: Tentative Parcel Map No. 2001-06

OWNER Cecil Shatswell / A.L. Pirrone

AGENT: Mid-Valley Engineering

NO. OF PROPOSED PARCELS: Three

LOCATION: Pirrone Rd, Salida

This Department hereby recommends the following conditions:

1. The recorded parcel map shall be prepared by a licensed land surveyor or a registered civil engineer.

2. All existing non-public facilities and/or utilities that do not have lawful authority to occupy the road right of way shall be relocated onto private property upon the request of the Department of Public Works.

3. All structures not shown on the tentative parcel map shall be removed prior to the parcel map being recorded.

4. That a 10 foot Public Utility Easement along the frontage of all parcels adjacent to Pirrone Road shall be shown on the map to be recorded.

5. That the existing sewer easement located on the Remainder shall be shown on the map to be recorded.

6. Prior to the final map being recorded, the following fees must be paid:

a. "County Cost of Development" fee of $60.00 per gross acre; b. "Mitigation Monitoring " fee of $355.00 per gross acre; and c. "Public Works Processing" fee of $335.00 per gross acre.

SUBJECT: Parcel Map Conditions - 2001-06 DATE: May 14, 2001 PAGE: 2

Sufficient right-of-way shall be shown on the final map to be recorded to provide for 88 feet east of the easterly right-of-way line of State Highway 99 along the frontages of Parcel "I", "2 , and the Remainder.

Prior to the final parcel map being recorded, the developer shall make a cash contribution to the Department of Public Works for the construction of street improvements on Pirrone Road along the frontages of Parcels "I", "2", and the Remainder. The cash contribution shall be based on an engineer's estimate for installing the improvements including curb, gutter, sidewalk, 36-foot- wide pavement (paveout), pavement striping, drainage facilities, street signs, and street lights.

Prior to the issuance of any building permits, off-site improvement plans for the Pirrone Road Realignment Project shall be approved by the Department of Public Works.

Driveway locations and widths shall be approved by the Department of Public Works. Parcels "1" and " 2 shall share a common driveway and an access from Pirrone Road to both parcels shall be shown on the final parcel map.

A temporary driveway approach shall be installed prior to final andlor occupancy of any structure if the Pirrone Road Realignment Project is not completed prior to occupancy of any structure.

A positive storm water drainage system, conforming to County "Standards and Specifications, 1998 Edition" and the Salida Master Storm Drain System shall be installed prior to occupancy of any buildings. A grading and drainage plan for each development shall be approved by the Department of Public Works prior to the issuance of any building permits.

Prior to recording the final parcel map, the developer shall pay the first years operating and maintenance cost of any required street lights for the Salida Highway Lighting District.

Prior to issuance of any building permits, the developer shall pay any and all fees set forth in the Planned Development Guidelines for Salida as adopted by the Board of Supervisors or as amended prior to the issuance of a building permit.

Developer shall make a cash payment to cover the estimated cost of a 0.1 foot thick AC overlay on Pirrone Road. This payment shall be made to the Department of Public Works prior to the final map being recorded

No parking, loading or unloading of vehicles shall be permitted within the right-of-way of Pirrone Road. The developer will be required to install or pay for the installation of all required signs andlor markings, if warranted.

An encroachment permit shall be obtained prior to the start of any work within the county road right-of-way.

SUBJECT: Parcel Map Conditions - 2001-06 DATE: May 14,2001 PAGE: 3

(C:\TEMP\PM200146.MEM.wpd)

STANISLAUS COUNTY CEQA REFERRAL RESPONSE FORM

TO: Stanislaus County Planning & Community Development 1010 loL" Street, Suite 3400 Modesto, CA 95354

(I-) &A > & FROM: xi& C I -

PROJECT: REZONE APPLICATION NO. 2001-06 AND PARCEL MAP 2001-06 - CECIL SHATSWELUA&L PIRRONE VINEYARDS, INC.

Based on this agencies particuiarfield(s) ofexpertise, it is our position the above described project:

Will not have a significant effect on the environment, -7/ May have a significant effect on the environment. - No Comments.

Listed below are specific impacts which support our determination (e.g., traffic general, carrying capacity, soil types, air quality, etc.) - (attach additional sheet if necessary) "

I . I : , (.j,-Td~:.

4. d ~ e & & e t

Listed below are possible mitigation measures for the above-listed impacts: " I.

2. 3. 4.

In addition, our agency has the following comments (attach additional sheets if necessary)

l : \ ~ v a \ ~ e l e X a i s \ ~ 0 0 1 \ ~ ~ ~ - 3 0 d a y ~ n e g d ~ c - Shabweli Pinons - Rezone 2001-06& PM 2001-06.wpd

B, Water and Power

1231 Eleventh St. P.O. Box 4060

Modesto. CA 95352 (209) 526-7373

September 5, 2001

Stanislaus County Planning and Community Development 1010 loth Street Suite 3400 Modesto, CA 95354

Regarding: - VTPM - ShatswellRirrone - Els of Pinone Rd, Slo Hammett Rd Interchange

Thank you for allowing the District to comment on this project.

ELECTRICAL

Please refer to MID's previous response provided on 5/1/2001, for location of MID's existing electric facilities and comments which include:

(X) In conjunction with related site improvement requirements, underground electric facilities within or - adjacent to the proposed project shall be relocated as required by the District's Electric Engineering Department. Appropriate easements for electric facilities shall be granted as required.

(X) Relocation or Installation of electric facilities shall conform to the District's Electric Service Rules.

(X) Costs for relocation andlor undergrounding the District's facilities at the request of others will be borne by the requesting party. Estimates for relocating or undergrounding existing facilities will be supplied upon request.

(X) Electric service to the proposed project is not available at this time. Customer should contact the District's Electric Engineering Department to arrange for electric service to the project.

(X) A 10' PUE is required along all existing and proposed street frontages.

IRRIGATION:

(X) A 10' irrigation easement along the rear property line or a 5' irrigation easement adjacent to the 10' PUE at the front of the property is required to insure future access to irrigation water for the remainder parcel unless an irrigation sign off form is completed for the remainder parcel.

ORGANIZED 1887 IRRIGATION WATER 1904 - POWER 1923 DOMESTIC WATER 1994

(X) An irrigation sign off is required for the newly created parcels to remove them from the irrigation billing system.

DOMESTIC WATER:

No concerns.

Date Beverly ~ & e r Risk and pkperty Analyst

0 lSHIU(EiGNRLSER\n8MREFERR*LSWFERRI\LS STANISLAUS COLINTY DOC

4 %

,-,ay-ua-ur ~ur4sH caltrans District 1 0 209 948 7194 P.03

May 3, 2001

STA-99-PM-23.83 Cecil Shatswell, A & L Pirrone CEQA Early Consultation GPA #2001-04, RZA #2001-06 PMA # 2001-06 APN #136-08-28

Ron Freitas Stanislaus County Planning Department 1010 loth Street Modesto. CA 95354

Dear Mr. Freitas:

Thank you for the opportunity to review the above-referenced document, a CEQA Early Consultation for the Cecil Shatswell, A & L Pirrone general plan amendment #2001-04, rezone application #2001-06 and parcel map application #2001-06 located at Pirrone Road, east of Highway 99 and west of Pirrone Court, in the Salida area.

Transportation Planning has circulated these documents through our normal interdepartmental review process and we have the following comment on this project,

The Traffic Operations office has the following comments:

Impact fees should be collected toward future improvements on the intersections of SR 99 and Hammett Road interchange.

I f you have any questions or concerns regarding this project, please contact John E. Williamson o f my staff at (209) 948-7936 or email [email protected].

Sincerely,

- ' ) . ( & b , L - c . u v c % TOM DUMAS, Chief Office of Intergovernmental Review and Intermodal Planning

Sfriving 10 be the Best

August 23,2001

Carole Maben Planning Dept. 1010 10' Street, Suite #3400 Modesto, CA 95354

CHIEF EXECUTIVE OFFICE Reagan M. Wilson

Chief Executive Officer

1010 fOJH Street, Suite 6800. Modesto, CA 95354 PO Box 3404, Modesto. CA 95353-3404

M S L A Y S C.O. PLANNING 8 c~M\I~TYDEVEL.OP.MENT:DEP;T. -. I 1 - . . .

Patricia Hill Thomas Assistant Executive Officer

Phone: 209,5256333 Fax: 209.544.6226

SUBJECT: ENVIRONMENTAL REFERRALS- GPAA NO. 2001-04, REZONE APPLICATION NO. 2001-06 AND PMA NO1 2001-06-(COMMUNITY PLAN AMENDMENT-SALIDA)-CECIL SHATSWELL I A.L. PIRRONE

Ms. Maben:

The Stanislaus County Environmental Review Committee (ERC) has reviewed the subject project and has the following comment:

. All tenant and customer parking for the development shall be on-site.

The owners shall be required to install or pay for the installation of "No Parking" signs within the county right-of-way if on-street customer parking becomes problematic.

Fire protection fees, water and fire truck access must be provided prior to any development.

Spraying activities would be conditioned to prevent drift to business buildings when occupied.

The ERC appreciates the opportunity to comment on this project.

Sincerel'

Keith D. $eggs, senior #anagement Consultant ~nvironmbntal Review Committee

I cc: ERC Members KDB:lbh

MITIGATED NEGATIVE DECLARATION

NAME OF PROJECT: Rezone Application No. 2001-06, &Parce l Map Application No. 2001-06 - Cecil ShatswellIA & L Pirrone Vineyards, Inc.

LOCATION OF PROJECT: East side of Pirrone Road, south o f the Hamrnett RoadIHighway 99 Interchange, Salida area.

PROJECT DEVELOPER: Cecil Shatswell

DESCRIPTION OF PROJECT: Request t o develop a Planned lndustriallCommerciaI facility on 2.43 acres.

Based upon the Initial Study, dated Ausust 3. 2001, the Environmental Coordinator finds as follows:

1. This project does not have the potential t o degrade the quality of the environment, nor t o curtail the diversity of the environment.

2. This project will not have a detrimental effect upon either short-term or long-term environmental goals.

3. This project wil l not have impacts which are individually limited but cumulatively considerable.

4. This project will not have environmental impacts which will cause substantial adverse effects upon human beings, either directly or indirectly.

The project wil l be subject to the mitigation measures identified and incorporated into the Salida PD Guidelines. In addition, mitigation of potential deterioration of ambient air quality due to cumulative, on-going impacts of the proposed project will be through the following mitigation measures (Nos. 1 through 8):

1. Pay required Capital Facilities fees for use in transportation infrastructure improvements.

2 Developer shall implement the mitigation measures for traffic impacts identified under XV. TransportationlTraffic.

3 All clearing, grading, earth moving, or excavation activities shall cease during periods wi th winds greater than 20 miles per hour averaged over one hour.

EXHIBIT C

REZ 2001-06, PM 2001-06 Mitigated Negative Declaration Page 2

All materials transported off-site (trucks hauling earth, gravel or other materials to and from the project site) shall be either sufficiently watered or securely covered t o prevent excessive amounts of dust.

All material excavated or graded shall be sufficiently watered t o prevent excessive amounts of dust. Watering should occur at least twice daily wi th complete coverage, preferably in the late morning and after work is done for the day. An effective watering program (at least twice daily wi th complete coverage) is estimated t o reduce dust emissions b y up t o 50%. I f water is in short supply, alternative dust control measures, such as chemical stabilizers or wind barriers, may be used. The SJVAPCD should be consulted prior t o construction to aid in planning for dust control.

Any burning of cleared vegetation shall be performed in conformance w i th SJVAPCD rules and regulations.

The construction phase shall be subject t o Air Pollution Control District Regulations Vll l (Fugitive Dust Prohibitions).

Prior t o the issuance of a building permit, the Air Pollution Control District shall be consulted and sign-off for the use received.

Impacts from the proposed project are assessed t o be of equal or lesser severity than those identified in the Salida General Plan Mello-Roos Environmental Impact Report. Therefore, mitigation measures identified in the General Plan Mello-Roos project EIR and the Statement of Overriding Considerations contained in the Board of Supervisors Resolution No. 88-1595 are adequate t o mitigate the land use impacts from the proposed project, where feasible, and are hereby incorporated by reference.

Should any archeological or human remains be discovered during development, work shall be immediately halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the f ind is determined t o be historically or culturally significant, appropriate mitigation measures t o protect and preserve the resource shall be formulated and implemented.

Mitigation of potential changes in absorption rates, drainage patterns, and the rate and amount of surface water run-off will be through connection t o the master storm drainage system and payment of the appropriate fees.

Mitigation measures identified in the Salida Mello-Roos EIR and PD Guidelines are adequate to mitigate any noise impacts from the proposed development and are hereby incorporated by reference.

Developer shall pay all Public Facilities Fees as adopted by Resolution of the Board of Supervisors.

REZ 2001 -06, PM 2001-06 Mitigated Negative Declaration Page 3

14. Developer shall pay any and all fees set forth in the Salida Planned Development Guidelines for Salida as adopted by the Board of Supervisors as amended prior to the issuance of a building permit. The fees shall be based on the rates in effect at the time of building permit issuance.

The initial Study and other environmental documents are available for public review at the Department of Planning and Community Development, 1010 10th Street, Suite 3400, Modesto, California.

lnitial Study prepared by: Bob Kachel, Senior Planner

Submit comments to: Stanislaus County Planning and Community Development Department 101 0 10th Street, Suite 3400 Modesto, California 95354

Stanislaus County Planning and Community ~evelo~rnent

1010 10th Street, Suite 3400 Phone: (209) 525-6330 Modesto, CA 95354 Fax: 525-5911

Mitigation Monitoring Plan Adapted from CEQA Guidelinessec. 15097 Final Text Odober 26, 1998

August 3, 2001

1. Project title and location: Rezone Application No. 2001-06 & Parcel Map Application No. 2001-06 -Cecil Shatswell IA&L Pirrone Vineyards, Inc.

2. Project Applicant name and address: Cecil Shatswell 4981 Cloutier Drive Salida, CA 95368

3. Person Responsible for Implementing Mitigation Program (Applicant Representative): Cecil Shatswell

4. Contact person at County: Bob Kachel, Senior Planner (209)525-6330

MITIGATION MEASURES AND MONITORING PROGRAM:

List all Mitigation Measures by topic as identified in the Mitigated Negative Declaration and complete the form for each measure.

Ill. AIR QUALITY

The project will be subject to the mitigation measures identified and incorporated into the Salida PD Guidelines. In addition, mitigation of potential deterioration of ambient air quality due to cumulative, ongoing impacts of the proposed project will be through the following mitigation measures:

No. 1 Mitigation Measure: Pay required Capital Facilities fees for use in transportation infrastructure improvements.

Who Implements the Measure: Appiicant.

When should the measure be implemented: Prior to issuance of building permit.

When should it be completed: Prior to issuance of building permit.

Who verities compliance: Building Department.

Other Responsible Agencies: None.

No. lMit igat ion Measure: Developer shaii implement the mitigation measures for traffic impacts identified under XV. Transportationriraffic.

Stanislaus County Mitigation Monitoring Plan Pago 2 REZ 2001-06 & PM 2001-06 - Cecil Shatswell/A & L Pirrone Vineyards, Inc. August 3, 2001

Who Implements the Measure: Applicant

When should the measure be implemented: Prior to final inspection.

When should it be completed: Prior to final inspection.

Who verifies compliance: Public Works Department

Other Responsible Agencies: None

No. 3 Mitigation Measure: All clearing, grading, earth moving, or excavation activities shall cease during periods with winds greater than 20 miles per hour averaged over one hour.


When should the measure be implemented: During construction

When should it be completed: Ongoing

Who verifies compliance: Public Works Department.


N o . 4 Mitigation Measure: All materials transpolted off-site (trucks hauling earth, gravel or other materials to and from the project site) shall be either sufficiently watered or securely covered to prevent excessive amounts of dust.

Who Implements the Measure: Applicant.

When should the measure be implemented: During construction


Who verifies compliance: Public Works Department and Building Department.


No.5 Mitigation Measure: Ail material excavated or graded shall be sufficiently watered to prevent excessiveamounts of dust. Watering should occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. An effective watering program (at least twice daily with complete coverage) is estimated to reduce dust emissions by up to 50%. If water is in short supply, alternativedustcontrol measures, such as chemical stabilizers or wind barriers, may be used. The SJVAPCD should be consulted prior to construction to aid in planning for dust control.

Stanislaus County Mitigation Monitoring Plan Page 3 REZ 2001-06 & PM 2001-06 - Cecil ShatswellVA & L Pirrone Vineyards, Inc. August 3,2001


When should the measure be implemented: During construction.

When should it be completed: Ongoing.

Who verifies compliance: San Joaquin Valley Air Pollution Control District.

Other Responsible Agencies: San Joaquin Valley Air Pollution Control District.

No. Mitigation Measure: Any burning of cleared vegetation shall be performed in conformance with SJVAPCD rules and regulations.






NO.^ Mitigation Measure: The construction phase shall be subject to Air Pollution Control District Regulation sVlll (Fugitive Dust Prohibitions).






No. & Mitigation Measure: Prior to the issuance of a building perm it, the Air Pollution Control District shall be consulted and sign-off for the use received.




Who verifies compliance:

Other Responsible Agencies:

Building Department and San Joaquin Valley Air Poliution Control District.

San Joaquin Valley Air Pollution Control District.

Stanislaus County Mitigation Monitoring Plan Page 4 REZ2001-06 & PM 2001-06 - Cecil ShatswelMA B L Pirrone Vineyards, Inc. August 3,2001

IV. BIOLOGICAL RESOURCES

No. 3 Mitigation Measure:

Who Implements the Measure:

When should the measure be implemented:

When should it be completed:



V. CULTURAL RESOURCES

No.= Mitigation Measure:


When should the measure be implemented:

When should it be completed:



VIII. HYDROLOGY AND WATER QUALITY

No. 11 Mitigation Measure:


Impacts from the proposed project are assessed to be of equal or lesser severity than those identified in the Saiida General Plan Mello-Roos Environmental Impact Report. Therefore, mitigation measures identified in the General Plan Mello-Roos project EIR and the Statement of Overriding Considerations contained in the Board of Supervisors Resolution No. 88-1595 are adequate to mitigate the land use impacts from the proposed project, where feasible, and are hereby incorporated by reference.

Applicant.

Ongoing.

Ongoing.

Planning Department and Public Works Department.

None.

Should any archeological or human remains be discovered during development, work shall be immediately halted within 150 feet of the find until it can be evaluated by a qualified archaeologist. If the find is determined to be historically or culturally significant, appropriate mitigation measures to protect and preserve the resource shall be formulated and implemented.

Applicant.

Ongoing

Ongoing

Pianning Department

None.

Mitigation of potential changes in absorption rates, drainage patterns, and the rate and amount of surface water run-offwill be through connection to the master storm drainage system and payment of the appropriate fees.

Applicant.

56

Stanislaus County Mitigation Monitoring Plan Page 5 REZ 2001-06 & PM 2001-06 - Cecil Shatswell/A 8 L Pirrone Vineyards. Inc. August 3 , 2001

When should the measure be implemented: Prior to issuance of building permit and ongoing.

When should it be completed: Prior to issuance of building permit and ongoing.

Who verifies compliance: Public Works Department

Other Responsibie Agencies: None

XI. NOISE

No. 2 Mitigation Measure: Mitigation measures identified in the Salida Mello- Roos EIR and PD Guidelines are adequate to mitigate any noise impacts from the proposed development and are hereby incorporated by reference.


When should the measure be implemented: Ongoing


Who verifies compliance: Planning Department and Public Works Department.


XIII. PUBLIC SERVICES

No. 13 Mitigation Measure: Developer shall pay all Public Facilities Fees as adopted by Resolution of the Board of Supervisors.


When should the measure be implemented: Prior to issuance of building permit

When should it be completed: Prior to issuance of building permit

Who verifies compliance: Building Department.


No.14 Mitigation Measure: Developer shall pay any and all fees set forth in the Salida Planned Development Guidelines for Salida as adopted by the Board of Supervisors as amended prior to the issuance of a building permit. The fees shall be based on the rates in effect at the time of building permit issuance.

Stanislaus County Mitigation Monitoring Plan Page 6 REZ 2001-06 K PM 2001-06 - Cecil Shatswell/A K L Pirrone Vineyards, Inc. August 3,2001




Who verifies compliance: Building Department.


I the undersigned, do hereby certify that I understand and agree to be responsible for implementing the Mitigation Program for the above listed project.

Person Responsible for Implementing Date Mitigation Program

DEVELOPMENT STANDARDS

REZONE APPLICATION NO. 2001-06 PARCEL MAP APPLICATION NO. 2001-06

CECIL SHATSWELL I A & L PIRRONE VINEYARDS, INC.

Department of Planninq and Community Develo~ment

1. This use to be conducted as described in the application, staff report, and Board of Supervisors hearing and supporting documentation as approved and in accordance with other laws and ordinances.

2. All proposed uses within the Planned Development Zone shall obtain a staff approval permit, in accordance with Chapter 21.100 of the Stanislaus County Code, prior to any construction or use, to allow site plan, operationalldesign/review, elevations and imposition of applicable conditions. The staff approvals shall be circulated for comments per adopted County procedures.

3. Building permits must be obtained from the Building Inspection Division (UBC Section 301 and Title 16, Stanislaus County Ordinance Code). No building permits shall be issued until the Department of Environmental Resources has indicated that adequate water and sewage treatment facilities will be available prior to occupancy.

4. That sufficient paved and marked parking spaces be provided as required by Chapter 21.76 of the Stanislaus County Code and shown on the approved site plan.

5. That a landscaping plan, in accordance with the Salida PD Guidelines, indicating type of plants, initial plant size, location and method of irrigation shall be submitted and approved by the County Planning Director for each property. Landscaping must be installed prior to occupancy.

6. Applicant, or subsequent property owners, shall be responsible for maintaining landscape plants in a healthy and attractive condition. Dead or dying plants shall be replaced with materials of equal size and similar variety.

7. Exterior lighting of the parking areas shall be designed (aimed down and towards the site), to provide adequate illumination without a glaring effect.

8. A plan for any proposed signs indicating the location, height, area of the sign, and message, must be approved by the Planning Director before installation and consistent with the project approvals.

9. Trash bins shall be kept in trash enclosures constructed of materials compatible with the architecture of the development. Trash enclosures shall be placed in locations as approved by the refuse collecting agency and the Planning Director.

REZ 2001-06 & PM 2001 -06 Development Standards Page 2

10. Fences and landscaping adjacent to roadways shall be in compliance with the County's "Visibility and Obstructions at Public Intersections" ordinance.

11. The noise level generated by the proposed project shall be restricted to exterior noise limits and recommendations of the California Office of Noised Control. Said limits are illustrated in the Stanislaus County General Plan on page 141, Figure 3.

12. The project shall comply with all development standards of the Salida PD Guidelines and PI zone, including allowance of the additional requested uses, unless the Planning Commission grants specified exemptions based on justifiable reasoning and evidence presented by the applicant.

13. Developer shall pay all Public Facilities linpact Fees, Salida PD Guidelines Fees, and Fire Facilities Fees as adopted by resolution by the Board of Supervisors. The fees shall be payable at the time of issuance of building permits for any construction in the development project and shall be based on the rates in effect at the time of building permit issuance.

14. A mitigation monitoring fee of $355.00 per acre and a Public Works processing fee of $335.00 per acre, as identified in the Salida PD Guidelines, shall be paid prior to recording a final map issuance of a staff approval permit, if no map is required.

15. The applicant is required to defend, indemnify, or hold harmless the County, its officers and employees from any claim, action, or proceeding against the County to set aside the approval of the project which is brought within the applicable statute of limitations. The County shall promptly notify the applicant of any claim, action or proceeding to set aside the approval and shall cooperate fully in the defense.

Within two weeks of approval, each property owner shall execute a indemnification agreement.

16. All tenant and customer parking for the development shall be on-site

17. Owners shall be required to install or pay for the installation of "No Parking" signs within the county right-of-way if the County determines that parking has become problematic.

18. Fire protection fees, water and fire truck access must be provided prior to any development.

Department of Public Works

19. The recorded parcel map shall be prepared by a licensed land surveyor or a registered civil engineer.

20. All existing non-public facilities and/or utilities that do not have lawful authority to occupy the road right of way shall be relocated onto private property upon the request of the Department of Public Works.

REZ 2001-06 & PM 2001-06 Development Standards Page 3

All structures not shown on the tentative parcel map shall be removed prior to the parcel map being recorded.

That a 10 foot Public Utility Easement along the frontage of all parcels adjacent to Pirrone Road shall be shown on the map to be recorded.

That the existing sewer easement located on the Remainder shall be shown on the map to be recorded.

Prior to the final map being recorded, the following fees must be paid:

a. "County Cost of Development" fee of $60.00 per gross acre; b. "Mitigation Monitoring " fee of $355.00 per gross acre; and c. "Public Works Processing" fee of $335.00 per gross acre.

Sufficient right-of-way shall be shown on the final map to be recorded to provide for 88 feet east of the easterly right-of-way line of State Highway 99 along the frontages of Parcel "I", "2". and the Remainder.

Prior to the final parcel map being recorded, the developer shall make a cash contribution to the Department of Public Works for the construction of street improvements on Pirrone Road along the frontages of Parcels "I", "2", and the Remainder. The cash contribution shall be based on an engineer's estimate for installing the improvements including curb, gutter, sidewalk, 36-foot- wide pavement (paveout), pavement striping, drainage facilities, street signs, and street lights.

Prior to the issuance of any building permits, off-site improvement plans for the Pirrone Road Realignment Project shall be approved by the Department of Public Works.

Driveway locations and widths shall be approved by the Department of Public Works. Parcels "1" and "2" shall share a common driveway and an access from Pirrone Road to both parcels shall be shown on the final parcel map.

A temporary driveway approach shall be installed prior to final andlor occupancy of any structure if the Pirrone Road Realignment Project is not completed priorto occupancy of any structure.

A positive storm water drainage system, conforming to County "Standards and Soecifications. 1998 Edition" and the Salida Master Storm Drain Svstem shall be installed p;ior to occupency of any buildings. A grading and drainage plan for each development shall be approved by the Department of Public Works prior to the issuance of any building permits.

31. Prior to recording the final parcel map, the developer shall pay the first years operating and maintenance cost of any required street lights for the Salida Highway Lighting District.

32. Prior to issuance of any building permits, the developer shall pay any and all fees set forth in the Planned Development Guidelines for Salida as adopted by the Board of Supervisors or as amended prior to the issuance of a building permit.


33. Developer shall make a cash payment to cover the estimated cost of a 0.1 foot thick AC overlay on Pirrone Road. This payment shall be made to the Department of Public Works prior to the final map being recorded

34. No parking, loading or unloading of vehicles shall be permitted within the right-of-way of Pirrone Road. The developer will be required to install or pay for the installation of all required signs andlor markings, if warranted.

35. An encroachment permit shall be obtained prior to the start of any work within the county road right-of-way.

De~artment of Fish and Game

36. Prior to the recording of the Notice of Determination for this project, and within five days of the Board of Supervisors' final action on the project, the applicant shall deposit with the Planning Department the $50.00 filing fee made payable to "Stanislaus County ClerklRecorder" needed for filing the Notice of Determination. A "De Minimis" finding, based on lack of any anticipated wildlife impacts, will be filed.

San Joaauin Vallev Air Pollution Control District (SJVAPCD)

37. Construction of the project shall comply with standardized dust controls adopted by the San Joaquin Valley Air Pollution Control District.

38. Provide bicycle parking facilities for patrons and employees. Employee bicycle parking should be enclosed or in a covered, secure area.

39. Provide low nitrogen oxide (Nox) emitting andlor high efficiency water heaters.

Salida Fire Protection District

The Salida Fire Protection District will require that this project be responsible for its share of said impaction by contributing fees for the services provided by the District on a continuing basis, and further said fees shall be those that are currently in place at the time of issuance of construction permits. Fees currently being assessed are:

40. Equipment: The Salida Fire Protection District requires that the CEQA Fire Service Impact Mitigation Fees as researched and adopted by the Salida Fire Protection be applied initially as follows:

1 Unsprinkled Residential $ .35 per square foot 2) Sprinkled Residential $ .28 per square foot 3) Unsprinkled Commercial, Industrial $ .25 per square foot 4) Sprinkled Commercial, Industrial $ .I 8 per square foot 5) Unoccupied Agricultural Buildings $ . I 0 per square foot 6) Recreational VehiclelMobile Home Space $250.00 per space

All fees to be paid to the District prior to issuance of the building permits.


41. Manpower: The District requires the salary for three years (including benefits adjusted annually for inflation) of any engineer for each additional 1,200 residents or 1,500 jobs (or fraction thereof). In addition, the District requires the salary of Captain (including benefits adjusted annually for inflation) to be provided for three years for each 3,600 residents or 4,500 jobs (or fraction thereof). Said Manpower Fee will approximate $325.00 per residential living unit or $0.158 per square foot on commercial/industriaI construction. Said mitigation fees shall be paid prior to issuance of building permits.

42. General: All buildings constructed shall meet the Salida Fire Protection District's requirements for residential, commercial, or industrial uses; i.e., sprinklers, alarm systems, water supply and flow rates, fire hydrant locations, key-lock entry systems, etc. In addition, the District requires a paved, all-weather street with all required hydrants in place and with working fire flows supplied to the hydrant system prior to any building construction.

43. Method of Monitorina and Collection: 1) Required action shall be guaranteed by the deposit of said mitigation fees with the Stanislaus County Auditor-Controller into the A) Salida Fire Protection District-Equipment Replacement Reserve, or B) Salida Fire Protection District-Manpower Reserve., 2) Prior to the approval of the Planned Development and General Plan Amendment, the Salida Fire Protection District stating that the appropriate mitigation measures have been provided and which shall include any written agreements between the applicant and the District concerning the mitigation measures.

Department of Fire Safety:

Requirements prior to issuance of building permit:

Water Supply:

44. An approved water supply capable of supplying required water flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, there shall be provided, when required by the fire protection agency, on-site fire hydrants and mains capable of supplying the required fire flow. (UFC 10.301 .(c)).

45. The source of water supply shall be approved by the fire safety department prior to design.

46. For all water supply systems, the water flow shall be no less than the following gallons per minute, over and above peak domestic use:

* If the lots are 5 acres or less and more than 5 lots 1,000 gpm * Duplex residential units, neighborhood business of one story 1,500 gpm


* Multiple residential, one and two stories; light commercial or light industrial 2,000 gpm

* Multiple residential; three stories or higher; heavy commercial or heavy industrial 2,500 gpm

47. The water supply system shall be of sufficient size to supply the required flow for a minimum period of two hours. More flow time may be required, at the discretion of the fire protection agency, for greater hazards.

Fire Hydrants

48. The location, number and type of fire hydrants connected to a water supply capable of delivering the required flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the fire protection agency. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207 of the Uniform Fire Code. (10.301.(c)).

49. All fire hydrant systems shall be in place and shall meet the approval of the fire department as to type, installation, and location, and shall be subject to periodic tests. Plans and specifications shall be submitted to the fire department for review and approval.

50. Developer is required to paint red curbs 7% feet in each direction from the hydrant for a total of 15 feet.

Streets and Roads

51. All surface access roadsldriveways shall be installed and paved prior to issuance of building permits.

Requirements prior to occupancy

52. Prior to occupancy, the developer is required to comply with all requirements of the Uniform Fire Code, Uniform Building Code, Stanislaus County Code, and other laws or regulations concerning fire safety in effect.

Special Requirements

53. The Fire Marshall shall designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction other than private dwellings. This shall be done according to the relative severity of probable fire, including the rapidity with which it may spread. Such appliance shall be of a type suitable for the probable class of fire associated with such building or premises shall have approval of the chief. (UFC 20.301 .(a)).


54. In occupancies of an especially hazardous nature or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, carbon dioxide, foam, halogenated and dry chemical or other special fire extinguishing systems. Where such systems are installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply.

Department of Environmental Resources

55. All development is required to connect to the Salida Sanitary Sewer District for sewer services.

56. All development is required to connect to the City of Modesto's water system.

57. Any food sales shall meet the requirements of the California Retail Food Facility Law.

58. All existing private water wells shall be destroyed in accordance with Stanislaus County Ordinance, Title 9, Chapter 9.36. Permits for destruction, inspection, and approval shall be obtained from the Department of Environmental Resources, before issuance of subdivision building permits. Review and approval for the existing irrigation well to remain shall be obtained by the Department of Environmental Resources.

59. Water systems compliance with Stanislaus County Improvement Standards shall be demonstrated to the Department of Environmental Resources and Department of Public Works Engineering, before issuance of building permits.

60. Influence of the Tesla-Ortigalita Fault, located in the Eastern Diablo Range, shall be evaluated in determining the seismic risk and structural design criteria. The evaluation shall be submitted to the County Department of Building Inspections for review and approval before issuance of building permits.

61. Businesses which handle hazardous materials are required to register with the Division of Hazardous Materials prior to receiving a building permit or starting a business.

Modesto lrriqation District (MID)

ELECTRICAL

Please refer to MID'S previous response provided on 5/01/01, for location of MID'S existing electric facilities and comments which include:


62. In conjunction with related site improvement requirements, underground electric facilities within or adjacent to the proposed project shall be relocated as required by the District's Electric Engineering Department. Appropriate easements for electric facilities shall be granted as required.

63. Relocation or Installation of electric facilities shall conform to the District's Electric Service Rules.

64. Costs for relocation and/or undergrounding the district's facilities at the request of others will be borne by the requesting party. Estimates for relocating or undergrounding existing facilities will be supplied upon request.

65. Electric service to the proposed project is not available at this time. Customer should contact the District's electric Engineering Department to arrange for electric service to the project.

66. A 10' PUE is required along all existing and proposed street frontages.

IRRIGATION:

67. A 10' irrigation easement along the rear property line or a 5' irrigation easement adjacent to the 10' PUE at the front of the property is required to insure future access to irrigation water for the remainder parcel unless an irrigation sign off form is completed for the remainder parcel.

68. An irrigation sign off is required for the newly created parcels to remove them from the irrigation billing system.

DOMESTIC WATER:

69. No concerns,


DEVELOPMENT SCHEDULE

REZONE APPLICATION N0.2001-06 PARCEL MAP APPLICATION NO. 2001-06

CECIL SHATSWELL I A & L PIRRONE VINEYARDS, INC.

Construction start before December 2003 Construction completion December 2006

CALIFORNIA DEPARTMENT OF FISH AND GAME

CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding

Project TitlelLocationlOwner Name and address (include county): Rezone 2001-06 and Parcel Map 2001-06 by Cecil Shatswell / A & L Pirrone. Located on the east side of Pirrone Road, south of Hammett Road in the Salida area. Stanislaus County.

Project Description: To Rezone 2.46 acres of a 7.96 acre site from A-2-40 (General Agriculture) to PD (Planned Development) and create parcels of 1.23, 1.23 and a 5.5 acre remainder to allow the development with uses consistent with others in the surrounding vicinity

Findings of Fact: The Stanislaus County Planning Commission makes afinding of"De Minimis" on this project forthe following reason(s):

An initial study has been conducted by the lead agency so as to evaluate the potential for adverse environmental impact; and when considering the record asa whole there is noevidence before theagency that the proposed projectwill have potential foran adverseeffecton wildlife resourcesorthe habitat upon which the wildlife depends. Further, the lead agency has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in the California Code of Regulations at Title 14 Section 753.5(d). As follows:

Based on the Initial Study, the project will not result in changes to the resources listed below:

(A) Riparian land, rivers, streams, watercourses, and wetlands under state and federal jurisdiction; (5) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plantlife and ecological communities dependent on plant life; and (D) Listed threatened and endangered plant and animals and the habitat inwhich theyare believed to reside . - -. - - . (E) All species of plantor animals as listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder. (F) All marine and terrestrial species subject to thejurisdiction of the ~epartment of ~ i s h and Game and the ecological communities in which they reside. (G)All airand water resourcesthedegradation ofwhichwill individuallyorcumulatively resultinaloss of biological diversity among the plants and animals residing in that air and water.

Certification: I hereby certify that the public agency has made the above finding and thatthe project will not individually

orcumulatively havean adverseeffect on wildlife resources, asdefined in Section 71 1.2of the Fish and Game Code.

(Chief Planning Official)

Title: Plannino Director Lead Agency: Date:

EXHIBIT F

REZONE 2001 -06

PERMl'lTED USES

Ambulance and armored car service;

Animal hospitals;

Antique stores;

Appliance repair;

Auto parts establishment, wholesale only;

Body and paint shops;

Bottling plant;

Building materials yard;

Bus and truck terminal;

Cabinet shops;

Cleaning and dyeing establishments;

Clinics;

Compounding and packaging of cosmetics, pharmaceutical and toiletries;

Contractor's yards;

Crop farming and the dwellings and outbuildings appurtenant to crop farming;

Emergency Clinics;

Cultured marble manufacture;

Express office;

Farm and garden supply, wholesale only;

Farm equipment service;

Farm implement manufacture;

Gun Sales;

Gymnastic and Cheerleading schools;

Household appliance and furniture sales and service;

Indoor shooting range;

Food processing, packaging, and storage, including milk products, fruits, nuts, vegetables,

6 :) L EXHIBIT G

blendedfoods, canoles, nonalcoholic beverages, preserves, tarterygoodsand frozen foods provided adequate sewage treatment facilities and capacity are available;

Fork lift saleslservice;

Laboratories;

Machine shops;

Mail order establishments;

Mobile home storage and service;

Assembly of products, consisting of previously prepared materials, including but not limited to jewelry, clocks, appliances, containers, business machines, toys, electronic equipment, leather goods, office supplies and photographic and optical equipment;

Offices, administrative, business and professional;

Office furniture repair;

Outside storage when screened by a solid ornamental or uniformly painted wooden fence of not less than six feet in height;

Petroleum and oil storage when accessory to another permitted use;

Plumbing and heating establishments;

Printing, publishing and book binding;

Public and quasi-public buildings;

Public garages;

Public utilities, including electrical receiving and/or transformer stations;

Radio, television and communications facilities;

Research institutions;

Recreational vehicle service;

Schools offering general academic instruction;

Sheet metal shops;

Sign shop and storage;

Signage: one identification or informational sign not more than twelve square feet in area nor more than six feet in height, may be permitted in the front yard or side yard of each lot adjacent to each street frontage in lieu of any other freestanding sign, provided that:

1. It does not bear any advertising message, 2. It is non-flashing, non-moving, and non-animated, 3. It is located wholly on private property on the premises to which it pertains, and

7 0

4. A plot plan a,,d elevation of the sign is approved by .,#e planning and community development director prior to request for building and electrical permits and installation;

Single-family dwellings or one apartment if it is accessory to a permitted use;

Spa sales;

Tire, battery and auto parts, wholesale only;

Uses normally accessory (incidental and secondary) to other listed uses, including storage of fresh fruit orvegetable containers which are uniformly stacked and maintained at least one hundred feet from the nearest property line;

Warehouses, including storage within a building but excluding storage of explosives;

Welding, portable;

Welding school;

Wholesale stores and establishments;

Sandwichldonut shop designed to serve planned industrial development;

Uses similar to those listed. (Ord. CS 256 Sec. 1 (part), 1987).

Stanislaus County Planning Commission Minutes November 1, 2001 Page 2

B. REZONE APPLICATION NO. 2001 -06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELL AND A & L PIRRONE Request t o rezone from A-2-40 (General Agriculture) t o PD (Planned Development) and create three parcels of 1.23 & 1.23 & and a 5.5 + acre remainder to allow PI (Planned Industrial) uses along wi th some low intensity commercial uses. Project wil l be served by public sewer, water, and storm drainage systems. Uses will be light industrial and commercial similar t o others along Highway 99. The project is located at Pirrone Road, west of Pirrone Court, in the Salida area. A Mitigated Negative Declaration wil l be considered. APN: 136-08-28. Staff Report: Bob Kachel Recommends APPROVAL Public hearing opened. OPPOSITION: No one spoke. FAVOR: Gerry Hughes, 7440 Del Cielo Way, Modesto Public hearing closed. Wetherbee/Haney, Unanimous (7-O), RECOMMEND APPROVAL TO THE BOARD OF SUPERVISORS.

EXCERPT

PLANNING COMMISSION

MINUTES

l l l~b Date

Sfani

Striving to be me Best

DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT

fOlO id" Street, Suite 3400, Modeslo, CA 95354

Phone: 209,5256330 Fax: 209.525.5911

November 30,2001

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the Stanislaus County Board of Supervisors will hold a public hearing on Tuesday, December 11,2001, starting at 9:35 A.M. in the Joint Chambers, 1010 lo th Street, Basement Level, Modesto, California, to consider the following:

REZONE APPLICATION NO. 2001-06 AND PARCEL MAP APPLICATION NO. 2001-06 - CECIL SHATSWELL I A. & L. PIRRONE Request to rezone from A-2-40 (General Agriculture) to PD (Planned Development) and create three parcels of 1.23 a, 1.23 -+, and a 5.5 + acre remainder to allow PI (Planned Industrial) uses along with some low intensity commercial uses. Project will be sewed by public sewer, water, and storm drainage systems. Uses will be light industrial and commercial similar t o others along Highway 99.

The property i s further identified as Assessor Parcel Number 136-08-28. The Planning Commission will consider approval of a Mitigated Negative Declaration for this item.

At the above noticed time and place, all interested persons will be given an opportunity to speak.

Materials submitted to the Board forconsideration (i.e., photos, slides, petitions, letters, etc.) will be retained by the County and cannot be returned.

If you challenge the above item in court, you may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered tothe Board, at or prior to, the public hearing.

For further information, please call (209) 525-6330. I:\Tammy\BOS LON\BOS LON REZ 2001.06 & PM 2001-06 CECIL SHATSWELL-A & L PiRRONE.wpd

PROOF OF SERVICE BY MAIL - CCP 1013a, 2015.5

I declare that:

I am employed in the County of Stanislaus , California (County where mailing occurred)

I am over the age of eighteen years and not a party to the within entitled cause; my business address is:

Stanislaus County Administration Building Department of Planning & Community Development 1010 l om Street, Suite 3400 Modesto, CA 95354

On November 30, 2001 , I sewed the attached Notice of Public Hearing (Date)

REZONE APPLICATION NO. 2001-06 AND PARCEL MAP APPLICATION N0.onthepartieslisted 2001-06 - C E C I L SKATSWELL/A. & L. PIRRONE

below in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage

thereon fully prepaid, in the United States mail at Modesto, California, addressed as follows:

SEE ATTACHED LIST

I declare under penalty of perjury that the foregoing is true and correct, and that this

declaration was executed on November 30, 2001 , at Modesto, California (Date)

Tammy .I. Maddern .,+

(Type or print name) i %.

i:\plannine.fmhil.bas

ORDINANCE NO. C.S. - 781

AN ORDINANCE ADOPTING SECTIONAL DISTRICT MAP NO. 9-110.915 FOR THE PURPOSE OF REZONING FROM A-2-40 (GENERAL AGRICULTURE) TO PD (PLANNED DEVELOPMENT) AND CREATE THREE PARCELS OF 1.23 , 1.23 +, AND A 5.5 + ACRE REMAINDER TO ALLOW PI (PLANNED INDUSTRIAL) USES ALONG WITH SOME LOW INTENSITY COMMERCIAL USES. PROJECT WILL BE SERWD BY PUBLIC SEWER, WATER, AND STORM DRAINAGE SYSTEMS. USES WILL BE LIGHT INDUSTRIAL AND COMMERCIAL SIMILAR TO OTHERS ALONG HIGHWAY 99, LOCATED AT PIRRONE ROAD, WEST OF PIRRONE COURT, IN THE SALIDA AREA. APN: 136-08-28

The Board of Supervisors of the County of Stanislaus, State of California, ordains as follows:

Section 1. Sectional District Map No. 9-110.915 is adopted for the purpose of designating and indicating the location and boundaries of a District, such map to appear as follows:

(Insert Map Here)

Section 2. This ordinance shall take effect and be in full force thirty (30) days from and after the date of its passage and before the expiration of fifteen (15) days after its passage ic shall be published once, with the names of the members voting for and against same, in the Modesto Bee, a newspaper of general circulation published in Stanislaus County, State of California.

Upon motion of Supervisor Blom, seconded by Supervisor Caruso, the foregoing ordinance was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, this 11th day of December, 2001, by the following called vote:

AYES: Su2ervisors: Mayfield, Elom, Simon, Caruso and Chair Paul

NOES: Supervisors: None

ABSENT: Supervisors: None

ABSTAINING: Supervisors: None

- CHAIR OF THE BOARD OF SUPERVISORS OF THE County of Stanislaus, State of California

ATTEST : CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California

BY : - Lillie Farriester, Assistant Clerk of the Board

SECTIONAL DISTRICT N0.9-1'10.915

A L E G E N D :

- m, Ak,h ,cn

L E G E N D :

PLANNED PEVELOPMENT

DECLARATION OF PUBEIglATICbN

(C.C.P. S2015.5)

( :OUNFY OF SI'ANISLAIJS STATE OF C:AI,IFOKNIA

I am a cltizen of the United States and a resident of the County aforesaid, 1 am over the age of eighteen years, and not a party to or interested in the above entitled matter I am the printer

EdOi"lCE I OROINANCI NO. C.1. .181 1

and principal clerk of the publisher of THE MODEST0 BEE, printed and published in the City of MODESTO, County of STANISLAUS, State of California, daily, for which said newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County oESTANISLAUS, State of California, under the date of February 25, 195 1, t\ction No. 46453; that the notice of which the annexed is a printed copy, has been published in each issue thereof and not in any supplemetit thereof on the following dates, to wit:

DECEMBER 19, 2001,

I certify (or declare) under penalty of perjury that the foregoing 1s true and correct and that this declaration was executed at MODESTO, California, on

DECEMBER 19,2001 (Date)

the Modnto Bee, o newip6er of genic01 iiiiulodon pilhl i ihad in Ziotidoui County, k f e ol Colilmnia. 1

I FolPoulJ$ i / jno~ui i j CHAIROFTHE BOAROOF SO E Vl,OB>

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december 11, 2001 - board of supervisors agenda item › bos › agenda › 2001 › 20011211 ›...

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