DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Transportation Mitigation Impact Fee Agreement for Classified Conditional Use Permit No. 3724 (H&R Land Co., David F. Hines)
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolution establishing Transportation Mitigation Impact Fees to mitigate transportation and circulation impacts from development associated with Classified Conditional Use Permit No. 3724; and
2. Approve and authorize Chairman to execute Public Facilities Fee Agreement with H&R Land, LLC, a California Corporation for Transportation Mitigation Impact Fees related for pavement improvements along $781,457, effective upon execution.
REPORT
Approval of the recommended actions will authorize funds to be collected through the County’s Transportation Mitigation Impact Fee Program to help finance the cost of future road improvements. The fees will provide funds necessary to offset the developer’s incremental impacts on area-wide roads. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
Your Board may deny the recommended actions identified above. Denial will require your Board to identify the action or actions being denied and to direct Department staff accordingly. The recommended actions are required as a Mitigation Measure of Initial Study Application No. 7373 prepared for Classified Conditional Use Permit No. 3593 and Variance Application No. 4049.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. The cost share for future road improvements associated with Classified Conditional Use Permit No. 3724 has been set at $610,513. In addition, the proposed resolution and agreement incorporate additional fees, 10% ($61,052) for Design Engineering, 15% ($91,577) for Construction Engineering, and 3% ($18,315.39) for administration of the Public Facilities Fee Fund, bringing the total share of cost to $781,456.39.
The administration fees paid to the County would be deposited in the Department of Public Works and Planning’s Org 43600200 budget and spent only for the administration of the program.
DISCUSSION:
Initial Study Application No. 8151, Conditional Use Permit (CUP) No. 3724, and Variance Application No. 4135, approved by the Planning Commission on August 11, 2022, allowed a commercial fruit cold storage/packing facility and height variance to waive the 35 feet building height limitation and allow a max height of 41 feet nine inches on a 76.22-acre parcel in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District. The project site is located on the northeast corner of E. McKenzie and N. Oliver Avenue approximately 9.2 miles east of the City of Fresno in Exhibit A. Approval of the recommended actions will provide for the fulfillment of a mitigation measures required by the CUP.
Transportation Mitigation Impact Fees to finance and mitigate traffic impacts of new development may be imposed by your Board under the provisions of Fresno County Ordinance Code, Title 17 - Division of Land, Chapter 17.88 - Public Impact Fees. Pursuant to California Government Code, Section 66001, in order to impose the fee, your Board must:
• Identify the purpose of the fee;
• Identify the use to which the fee is to be put;
• Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed;
• Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and
• Determine that there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
A Traffic Impact Study (TIS) was conducted as part of the Initial Study. The TIS identified cumulative transportation and circulation impacts beyond the boundary of the project and specified the measures required to mitigate those impacts.
A detailed study entitled “H&R Facilities” dated April 22, 2022 (Cost Study) outlining the then costs of construction of the identified improvements listed in the TIS was prepared by the Department of Public Works and Planning and is included as Exhibit B. The estimated cost includes the engineering cost for design and construction administration.
In the April 2022 Cost Study, a Traffic Index Analysis was completed to project the impact CUP 3724 project activities would have on County roadways surrounding the project location. The analysis of the pavement indicates a necessity for enhancements to the roadway on Oliver Avenue, stretching from Belmont Avenue to SR 180, in proximity to the project site. This assessment reveals that the truck traffic associated with the project will significantly affect the condition of Oliver Avenue's pavement within this specified section. The project proponent’s fair-share percentage for the roadway segment is1listed as 46.3% fair-share percentage.
The current estimated cost for construction of the identified improvements is a set Transportation Mitigation Fee of $610,513 plus, 10% ($61,052) for Design Engineering, 15% ($91,577) Construction Engineering, and 3% ($18,315.39) for administration of the Public Facilities Fee Fund for the development, for a total fee of $781,456.39.
With your Board’s approval, the set fee being established will be collected prior to the issuance of building permits for any development on the property or would be required prior to occupancy of the project improvements, will be placed in accounts administered by the County, and spent only for the projects listed in Exhibit B. The accounts will be reviewed annually at a public hearing before your Board. In that annual hearing, your Board will need to make findings regarding any portion of the fee remaining unexpended or uncommitted for five or more years after deposit, to identify the purpose to which the fee is put, and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. If during those annual hearings the Board cannot make the required findings, any unexpended or uncommitted fees, with accrued interest, may be refunded to the then-current owners.
REFERENCE MATERIAL:
Planning Commission Resolution No. 12957, August 21, 2022
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A - Map
Exhibit B - Cost Study
On file with Clerk - Resolution
On file with Clerk - Agreement with H&R Land, LLC, a California Corporation
CAO ANALYST:
Salvador Espino