908 City of] Fowler 128S.5-Street Fowler, California 93625 SPECIAL MEETING January 9, 2020 6:30P.M.  FOWLER PLANNING COMMISSION MEETING AGENDA  Inc compliance with the Americans with Disabilities Act, if you need special assistance to access the Council Chamber or to otherwise participate at this meeting, including auxiliary aid or services, please contact City Clerk. Jeannie: Davis at (559) 834-3113 ext. 102. Notification atl least 48 hours priort to the meeting will enable the City to make reasonable arrangements to ensure accessibility to City Council/ Planning Commission Meetings. The City of Fowler is an equal opportunity employer and provider.  1. Call Meeting to Order Roll Call  2. 3. 4. 5.  Approval of Minutes for October 3, 2019, General Plan Update Workshop. Approval of Minutes for October 3, 2019, Planning Commission Meeting.  Public Presentation - (This portion oft the meeting reserved for persons desiring to address the Commission on any matter (within thej purview of the Commission) that is not on this agenda. Presentations are. limited to: five minutes per person and no more than 151 minutes per topic). Public Hearing to Consider Conditional Use Permit No. 17-03, filed by Buford Oil Co., Inc., to construct a 7.96-acre travel center, 10,000 square foot truck tire repair, lube, and wash building, a 4,627 square foot dine-in restaurant, two (2) restaurants with drive throughs, 4,378 and 3,116: square feet in size, and a 120-room, four-story hotel, at 2747 East Manning Avenue Consider Adoption of Resolution No. 649 certifying an environmental impact report prepared for conditional use permit 17-03 pursuant to the California Environmental Quality Act, before the Planning commission of the city of Fowler, County of Fresno, State of California. Consider Adoption of] Resolution No. 650, approving of CUP 17-03, before the Planning commission of the city of Fowler, County of] Fresno, State of California.  6.  (APN: 345-180-03)  7. 8a  Communication Adjournment Next Resolution No.: 651  CERTIFICATION: I, Sennaida Zavala, Planning Secretary for the City of Fowler, California, hereby certify that the foregoing agenda was posted for public review on, Friday, September 13, 2019.  Planning Secretary  E    MINUTES OF THE FOWLER CITY PLANNING COMMISSION MEETING  General Plan Update Workshop October 3, 2019  Chair Mellon called the meeting to order at 5:30 p.m. Roll call was taken.  Commissioners Present: Commissioners Absent: City Staff Present:  Mellon, Mejia, Fernandez, Kandarian, Mukai  None  City Attorney Cross, Police Chief Alcaraz, Planning Consultants Marple, Planning Secretary Zavala  AGENDAITEM NO.3 General Plan Update Workshop  Ms. Marple presented the Workshop. The last comprehensive update was in 1976, and in 2004, the Land Use Circulation and Economic Development chapters were updated. The update will have a, total of 6 Phases. The beginning stages of the update included conducting 14 stake holder interviews just to see what is most important and what is needed and will be used as a starting point. The purpose of the workshop was to show what the General Plan Update will consist of and what is important to the stakeholders. Expansion, Economic Development, Local Amenities, Growth Coordination, and Circulation are a few topics stakeholders thought were al keyi issue within Fowler. Ms. Claybon, Representative from Public Health Advocates spoke on behalf of the Public. Ms. Claybon is looking forward to working hand in hand with City Staff to work on the Complete Street Ms. Rico-Vasquez, resident of fowler and representative for Fresno County Department of Public Health, spoke on behalf of the Public. She is looking forward to working with staff on making Fowler  Public Presentation  Project.  ab better, healthier city with community input.  COMMUNICATIONS: ways to inform the public. Work shop concluded at 6:47 PM.  Staff will be updating website to inform the public of future workshops, as well as looking into better    MINUTES OF THE FOWLER CITY PLANNING COMMISSION MEETING  August 1, 2019  Chair Mellon called the meeting to order at 7:02 p.m. Roll call was taken.  Commissioners Present: Commissioners Absent: City Staff Present:  Mellon, Mejia, Mukai, Fernandez  Kandarian  City Manager Davis, City Attorney Cross, Planning Consultants Marple, Planning Secretary Zavala  APPROVAL OF MINUTES FOR August 1, 2019:  Commissioner Mukai made a motion to approve the minutes for August 1, 2019, seconded by Public hearing to consider Vesting Tentative Subdivision Map (VTSM) No. 6274, Zoning Ordinance Amendment (Rezone) No. 19-02, annexation to the City of Fowler (Annexation Request No. 19-02), and adoption of al Mitigated Negative Declaration, submitted by' Woodside 06N, LP for approximately 19.25 acres at the northwest corner of East Sumner Avenue and Ms. Marple Presented the proposed project. The project is proposing 100 single family lots on 19.25 acres. The lot is not in the city limits but is in the sphere of influence, SO an annexation is being proposed. The lot is zoned AE20 by Fresno County and proposed at R-1-5 family residential 5,000 square foot lot by the applicant. The proposed subdivision is proposing lot sizes ranging from 5,000 Ms. Marple needed to make some revisions/deletions to the conditions. Condition number 22 requires a traffic stop, which staff is not requiring for a traffic stop rather a fair share contribution for Ms. Medellin, Woodside Homes valley controller, came to speak on behalf of Woodside. Ms. Medellin is looking forward to working in Fowler once again. Lot sizes are going to be a little smaller Mr. Lemus, Land Developer for Woodside Homes, came to speak on behalf of Woodside. Mr. Lemus explained that adding another street to enter and exit the subdivision would not allow the subdivision to meet the density requirement. Mr. Lemus spoke about the possible future development of Commissioner Mukai made a motion to adopt Resolution No. 645 recommending approval of a Mitigated Negative Declaration for Vesting Tentative Subdivision Map No. 6274, Zoning Ordinance Amendment No. 19-02, seconded by Commissioner Fernandez. Ayes: Mellon, Mejia, Fernandez,  Commissioner Fernandez. Motion carried by unanimous voice vote.  AGENDAITEM NO.5  South Sunnyside Avenue.  square feet to 8,800 square feet.  future traffic additions. Conditions 32 and 34 will be deleted.  Public Presentation  than the previous subdivision they built, but solar will be provided for the housing.  subdivisions.  Mukai. Noes: none.    Commissioner Mukai made a motion to adopt Resolution No. 646 recommending approval of Zoning (prezoning) Ordinance Amendment No. 19-02, seconded by Chair Mellon. Ayes: Mellon, Mejia, Commissioner Mukai made a motion to adopt Resolution No. 647 recommending approval of Vesting Tentative Tract Map No. 6274 with the revision of conditions 22, 32, and 34, seconded by Commissioner Fernandez. Motion carried by 3-1 vote. Ayes: Mellon, Mukai, Fernandez. Noes: Mejia.  Fernandez, Mukai. Noes: None.  AGENDA ITEM NO.6  Public Hearing to consider Conditional Use Permit Application No. 17-03 proposing to remove the existing use and replace it with a new, more modern facility to be called the Buford Oil Co. Travel Center. The proposed expansion will utilize the entire 19 acres and in addition to a newer diesel truck fueling and automobile gas fueling facility, weigh station, and convenience store, the expanded development will also include a hotel, two quick-serve and one sit-down family style dining options, and a truck wash, tire and lube center. Ms. Marple asked commission to continue the project to November 7th meeting.  Chair melon made motion to continue item to November meeting, seconded by Commissioner Mejia.  Ayes: Mellon, Mejia, Fernandez, Mukai. Noes: None  AGENDA ITEM NO.7 Communication  Commissioner Mukai had a question about the continuance of Cup 19-01. Ms. Marple and Attorney Cross advised Commission that it was deemed approved due to State Law. After 60 days ofr no action, the project will then be deemed approved. Ms. Marple advised that in order for ittonot Chair Mellon made a motion to adjourn, motion seconded by Vice Chair Mejia. Motion carried and  happen again, there needs to be a quorum. meeting was adjourned at 8:02 PM.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  TO: FROM: DATE: SUBJECT:  City ofFowler Planning Commission Dawn E. Marple, City Planner January9, 2020  Public Hearing to Consider Conditional Use Pemmit No. 17-03, filed by Buford Oil Co., Inc., to construct a 7.96-acre travel center, 10,000 square foot truck tire repair, lube, and wash building, a4,627 square foot dine-inr restaurant, two (2) restaurants with drive throughs, 4,378 and3,116square! etnste.andal2Dicom! four-storyhotel, a2 2747E East Manning Avenue  (APN: :345-180-03)  I. Recommendation  Staffrecommends that the Commission approve Conditional Use Permit (CUP) Application! No. 17- 03, including the attached resolutions and conditions of approval. The decision of the Planning Commission is final unless appealed to the Cily Council. The Commission is empowered to grant ordeny applications for CUPS and tol impose reasonable conditions upon granting approval. Thes subjectp parceli isz zoned C-3 (General Commercial) and planned for General Commercial land uses by the City of Fowler General Plan. The site is located on the north side of East Manning Avenue between State Route 99 and Golden State Boulevard andi is approximately 19 acres (APN 345-180-03). The sitei is currently partially developed on approximately 10 acres as a truck stop and  II. Background & Project Description  the following features: çanopy  14-dispenser diesel truck fueling island covered by an approximate 3,500 square foot 8-gasoline dispenser fueling island covered by an approximate 2,900 square foot canopy Two 20,000-gallon underground tanks and three 20,000-gallon above ground tanks An above-ground propane tank that was been removed At truck weighing station consisting of two scales One approximately: 2,600 square. foot convenience store (Star Mart). An approximately 3,900 square foot restaurant (Port-of-SUDs) Area designated for overnight truck parking of approximately 50 stalls An approximately 1-acre drainage basin  The applicant, Mr. Tom Buford, has submitted a Conditional Use Permit application requesting to A 7.96-acre travel center (sometimes referred to as a "travel stop") located between Eight diesel fueling dispensers (includes diesel, diesel exhaust fluid, and bio diesel) Six gas fueling dispensers (12f fueling positions) for automobiles with a3,440-square- A propane gas tank not exceeding 1,000 gal., available to the public  develop, in six phases, the following:  Buford Drive and Golden State Boulevard containing the following: with a 3,280-square-toot: diesel fuel canopy A weigh station consisting of one truck scale  foot gas canopy    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  97 total truck parking stalls: 89 uncovered and 8 under canopy 631 total auto parking stalls; 51 uncovered and 12 under canopy One 9,000-square-foot! building that willi include: AC driver's lounge, game room, ATMS, Check Cashing, and wi-fi ii. - Restroomi facilities that include showers and laundry ii. Two quick service restaurants Construction of Buford Drive State Boulevard acres. and 11 auto parking stalls.  Access via an entrance-only driveway from westbound Manning Avenue, five driveways connecting to Buford Drive, and one driveway connecting to Golden Construction of a stormwater ponding (retention) basin on approximately 1.57 Al 10,000-square foot truck tire repair, lube, and wash building with three (3) vehicle bays A4,627-square foot dine-inr restaurant and 58 auto parking stalls. A4,378-square foot restaurant with a drive through with 51 auto parking stalls. A3,116-square foot restaurant with a drive through with 35 auto parking stalls. Af four-story, 120-room! hotel with a building area of approximately 40,000 square feet with Figure 1 (Site Plan) depicts the proposed phased development. Figure 2 depicts the aerial photo of the site; Figure 3is the zoning map and Figure 4is the general plan map. The. site is loçated in Fowler's C-3 (General Commercial) Zone District, surrounded by M-1 (Light Industrial) toi the west, In the C-3z zone district the restaurant, service station and truck repair are allowed uses; however, the drive through facilities and the motel uses are subject to a Conditional Use Permit in  118 auto parking stalls and 8F RV parking stalls.  C-31 to the north and south, and C-2 (Community Commercial) to the east. accordance with Section 9-5.1205 of the Fowler Zoning Ordinance.  III. Findings  The: zoning ordinance: requires the Commission make the following findings for approval ofo a CUP: 1. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features Conditional Use Permit Application No. 17-03 is proposed on approximately 19 acres and the proposed sitei is adequate size ands shape to accommodate all oft the proposeduses asi it complies with all setbacks, parking aisle and stall dimension requirements, and turning movements for the largest expected vehicle for each proposed use. The site will accommodate the uses pursuant to 2. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The existing surrounding: streets, as well as the proposed private Buford Drive, are of adequate size and capacity to facilitate the amount of traffic that will be generated by the proposed use. A Traffic Impact Study was completed for the project that determined with the incorporation of conditions and mitigation measures; the use will not adversely affect the surrounding street system  required by the Zoning Ordinance.  the Fowler Zoning Ordinance.  for approximately 10 years as described by Mitigation Measure TRA-1.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT The proposed use will have no adverse effect upon abutting property or the use thereof. Operation of Conditional Use Permit Application No. 17-03 will not impact abutting property as the surrounding properties are zoned C-2, C-3, and M-1 and planned for industrial and 4. The conditions established by the Planning Commission and stated ini the Resolutioni fort the Conditional Use Permit are deemed necessary to protect the public health, safety and The conditions of approval and the Environmental Impact Report mitigation measures will serve to accommodate the proposed uses while protecting the health, safety, and welfare of the public. Conditions of approval are based upon standards contained within the Fowler General Plan and the Fowler Zoning Ordinance. Further, the proposed conditions of approval and mitigation measures will serve to implement the goals and objectives of the General Plan, which itself is intended to provide for logical and orderly development of the City in a manner that is The City, as the Lead Agency under the California Environmental Quality Act (CEQA) determined that an Environmental Impact Report (EIR) was required for the proposed project. The consulting firm of Provost & Pritchard Consulting Group, Inc. was contracted to prepare the EIR. The review a. Notice of Preparation (NOP): Upon the City's determination that an EIR was required for this project, a NOP was made available to the general public and responsible trustee agencies to: soliciti input oni issues ofconcern that should be addressedin the EIR. Thei initial NOP wasi issued on. June 11,2018 andincluded a project description, project location, and a brief overview of the topics to be covered in the EIR. Comment letters were received from: several public agencies and private citizens and wereincorporatedinto the Draft EIR b. Public Scoping Meeting: On June 20, 2018 the City held a project scoping meeting at Fowler City Hall to which the Responsible and Trustee agencies as well as interested members of the public wereinvited, and whichh had been duly advertised! in advance. The meeting was attended by approximately five (5) members of the public. Notice of Completion (NOC): Upon completion of the DEIR, the City filed a NOC with the State Clearinghouse, Office of Planning and Research, to begin the public and agency d. Public Nofice/Public Review: Conçurrent with filing the NOC, the City provided public notice of the availability of the DEIR for publiç review by posting on the website, publishing ini the Fresno Business Journal, mailing to all commenters, and otheri interested parties and filingy with the Çounty Clerk on. July 19, 2019.Comment was invited fromi the general public, agencies, organizations, and other interested parties. The length of the public review period was 45 days, (from July 19 through September 3, 2019 during which time written e. Response to Comments: After the close of the public review period, the City and consultant prepared formal responses to the written comments received. A total of two (2) written comments were received from government agencies, non-governmental.  Califoria  STAFF REPORT  3.  commercial uses.  general welfare.  beneficial to its residents. IV. Environmenta. Review  and çertification of the EIRi involves the following procedural steps:  (DEIR).  review period.  comments on the DEIR were submitted to the City.    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT orgonzations/pivale companies, and members of the public regarding the DEIR. As required by CEQA Guidelines Section 15088(b), City responses were sent to public Final EIR (FEIR): A FEIR was prepared that inçludes the comment letters and responses to:  Certification oft the EIR: The Planning Commission willl hold ap public hearing to consider the adequacy and completeness of the EIR under CEQA and to certify the EIR and adopt the necessary Findings of Fact and Statement of Overriding Considerations. h. Mitigation Monitoring and Reporting Program (MMRP): The Planning Commission will also consider adopting a program to implement the EIR'sr recommended mitigation measures to mitigate, avoid, or substantially lessen the significant impacts of the project. The final  Califoreia  STAFF REPORT  agencies that submitted comments. comments andrevisions to the DEIR.  Mitigation Monitoring and Reporting Programisincludedi in the FEIR. V. Findings of Fact and Statement of Overriding Considerdtions explanation of the rationale for each finding. The possible findings are: mitigate or avoid the significant effect oni the environment.  The Califomia Environmental Quality Act (CEQA Guidelines $15091) requires that no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more written findings for each of those significant effects, accompanied by a brief (1) Changes or alterations have been required in or incorporated into the project that (2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. (3). Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental In addition to Section 15091 the California Environmental Quality Act (CEQA Guidelines $15093) requires a decision-making agency to balance the economic, legal, social, technological, or otherk benefisofaproposed project againsti itsunavoidable envfonmenidirisswnen determining whether to approve a project. For any significant effects that cannot be avoided or reduced to ale less-than-sgnlicant level by the Project, the lead agency must describe the reasons why mitigation to less than significant is infeasible (PRÇ Section 21081(a)(3). Approval of a project that would have significant adverse effects on the environment requires that the agencyi identify the project benefits that are evaluated as outweighing its significant effects on the environment (PRC Section 21081(b)). When an agency approves a project that will result in significant effects to the environment, the agency is required to state its rationale for support of the project based oni thel Final Environmental Impact Report (FEIR) and other information in the record. The City of Fowler has determined that Project will contribute to unavoidable long-term, cumulative traffic impacts at the SR 99 northbound off-ramp intersection with Manning Avenue. Although short-term impacts resulting directly from the Project will be reduced to less than significant by mitigation requiring the Project toi install at traffic: signal at thei intersection, saids signal willr not be sufficient to mitigate to less thans significanti thel long-tercumugtiver impacts projected to year 2040 as discussedi in the EIR. The long-term cumulative mitigation identified in the EIR and corroborated by Caltrans, would involve the construction of a new interchange that would  impactreport.  SIGNIFICANTI UNAVOIDBLE IMPACTS    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT accommodate future anticipated traffic. An interchange design has not been determined or formally adopted by Caltrans fori the SR 99/Manning Avenue interchange. Further, the nlterchangereplacementisnotcumen!ly programmed! by Caltrans ort the Fresno (County) Council of Governments. Without a design and program fori interchange demolition and reconstruction, costs for anewinterchange cannot be determined, but would be outside the financial capability of a single project to bear the cost upfront. There are currently insufficient funds allocated from: otherp potential sources tor reconstruct thei interchange. Therefore, the City of Fowler finds thel long- term cumulative impacts at the SR 99 northbound off-ramp cannot be feasibly mitigated to less than significant level by the proposed Project. Imposing such a significant cost burden to the T.) The proposed Project will provide andi helpr retain various long-term sales tax (gas/diesel, food, and tangible goods) and transient occupancy tax (hotel) net revenues to the City as well as promote new employment opportunities and related "multiplier" economic benefits to the 2.) Inc addition, the highway-onented. traveler amenities and services proposed will maximize the efficientufilization ofl landi in thei industrial corridor of the City and will thereby capture alarger portion of revenue benefits from the traveling public and goods movement off SR99. 3.) The Project will provide amodemizedand: safe placet for commercial truck drivers andvehicles 4.) The Project will provide its fair share of Manning Avenue roadway improvements and traffic flow improvements, including installation of a signal at the SR 99 northbound off-ramp at Manning Avenue which will add an element of addition traffic safety and control benefits for community andi industrial corridor at-large at that location and at the overpass in general for 5.) The Project has the potential to: serve as a catalyst for additional economic development that will provide additional fair share contributions to the cost of replacing the interchange with a more modern design that willl better accommodate future growthi in the Fowler community. Staff recommends that the Planning Commission find that each of the overriding considerations set forth above constitutes a separate and independent ground for finding that the, benefits of the proposed project outweigh its long-term cumulative environmental impacts and are  Califoria  STAFF REPORT  Project would likely render it financially infeasible. BENEFITS OF THE PROJECT  City.  tos stop, rest, and dine.  the next TO years.  OVERRIDING CONSIDERATIONS  considerations: warranting approval of the proposed Project.  VI. Attachments A. Resolution 649 B. Resolution 650    CITY OF FOWLER PLANNING & COMMUNITY DEVELOPMENT  Califoria  STAFF REPORT  Figure 1-S Site Plan  t  NGAL E 142  C  nEs REN      a  C    33111111  a E - 1  % 2  N    a L  &    RESOLUTION NO. 649 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE CITY PLANNING COMMISSION  COUNTY OF FRESNO, STATE OF CALIFORNIA RESOLUTION CERTIFYINGAN ENVIRONMENTAL IMPACT REPORT PREPARED FOR CONDITIONAL USE PERMIT 17-03 CAUFORNAEN/RONMENIALQUALIYACT  PURSUANT TO THE  WHEREAS, an application for Conditional Use. Permit 17-03 has been submitted to allow the establishment of the Buford Oil Company Travel Center ("Project") at 2724 East Manning Avenue on an approximately 19-acre parcel (APN 345-180-30) located on the north side of East Manning Avenue between  State Route 99: and Golden State Boulevard; and  WHEREAS, the City of Fowler caused to be prepared an Initial Study for the Project to evaluate. WHEREAS, based upon the outcome of an Initial Study the City determined that an Environmental Impact Report (EIR) was needed to further evaluate potentially significant adverse environmental impacts WHEREAS, the City of Fowler, in accordance with the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, ets seq., and Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3 sections 15000, ets seg, circulated a Notice of Preparation (NOP). of thel EIR announcing a 30-day public review and comment period beginning. June 11, 2018 and ending. July 11, 2018, through the State Clearinghouse of the Governor's Office ofl Planning and Research, published said NOP in the Fresno Business Journal, a newspaper of general circulation in the Project area, and provided the NOP via USI Mail toj property owners within a 300-foot radius of thel Project Boundary; and WHEREAS, the City of Fowler held al Public Scoping Meeting in the City Council Chambers at City Hall on June 20, 2018, starting at 6:30 PM, to allow an additional opportunity for the public to hear a brief presentation about the Project and enable them to provide oral or written comments regarding their environmental concerns about thel Project which they felt should be evaluated in the EIR; and WHEREAS, the meeting was attended by various City staff, City's environmental consultants, and five public citizens, whose comments and questions were heard by City staff and environmental consultants, WHEREAS, a written comment dated July3,2 20181 from Caltrans, District 6, Fresno, was also received WHEREAS, based upon the outcome oft the Initial Study and thel Public Scoping Meeting testimony, the City determined that thel EIR would further evaluate potentially significant adverse environmental impacts related to air quality, biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology/water quality, transportation/tuatitc, utilities/service systems, and mandatory findings of  potential environmental. impacts that may result from the Project; and  resulting from the Project; and  advising their concerns would be addressed. in the EIR; and by the City during the comment period; and  significance; and    WHEREAS, the EIR including a Mitigation Monitoring and Reporting Program (MMRP) has been prepared, circulated, and made available for public comment pursuant to CEQA, Public Resources Code, sections 21000, et seq. and the Guidelines for implementation of CEQA, Title 14 California Code of WHEREAS, a public hearing notice was duly published informing the public that the EIR with MMRP and Conditional Usel Permit 17-03 for the Project would be considered for finall Planning Commission action at a Special Meeting oft the Planning Commission held on January 9, at 6:30p.m.;and. WHEREAS, the Planning Commission has independently reviewed and considered the EIR and MMRP, and has evaluated and considered all comments, written and oral, received fromj persons who reviewed NOW THEREFORE, BASED UPONTHE ENTIRE RECORD OF THE PROCEEDINGS,THE  Regulations, Chapter3 sections 15000, ets seqand  the EIR, or otherwise commented on the Project.  PLANNING COMMISSION RESOLVES, AS FOLLOWS: 1. Thatitl has reviewed the recommendation of the staff.  That the Initial Study, EIR: including a MMRP as set forth in Exhibit "A" fort the Project are adequate and have been completed in compliance with CEQA and the State CEQA Guidelines. 3. Thatithasi independently reviewed and considered thei information contained in thel Initial Study, EIR including the MMRP (Exhibit "A") prior to approving the project. +. Finds on the basis of the whole record before it including the Initial Study, EIR, MMRP, any oral or written comments received, and) Findings of] Fact contained in Exhibit "B" that there is no substantial evidence in the record that the Project will have a significant effect on the environment with the exception of long-term cumulative transportation/traftic impacts at the intersection of the SR 99 Finds on the basis of the whole record before it, including the Initial Study, EIR, MMRP, any oral or written comments received, and Findings of Fact contained in Exhibit "A", that the Project's long- term cumulative impacts at thei intersection of SR 99: northbound off-ramp and East Manning Avenue cannot be reasonably or feasibly mitigated to less than significant and will remain significant and unavoidable for the foreseeable future and therefore require, pursuant to CEQA, adoption of the  northbound off-ramp and East Manning Avenue.  Statement ofOverriding Considerations contained in Exhibit"A".    BE IT FURTHER RESOLVED that the Planning Commission of the City of Fowler hereby adopts the EIR together with the MMRP set forth in Exhibit"A", and Findings of Fact and Statement of Overriding Considerations set forth Parts 1 and 2 in Exhibit "B" for Conditional Use Permit 17-03, and that mitigation measures contained in the MMRP, have been incorporated into the Conditions of Approval for Conditional Use Permit 17-03 adopted by Planning Commission Resolution 650, on January 9,2020. Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the Planning Commission of the City of Fowler ata meeting held on the 9th day of] January 20201 by the following  vote: AYES: NAYS: ABSTAIN: ABSENT:  Chairman oft the Planning Commission  Attest:  City Clerk                                    Exhibit B" and  Part1-C CEQAI FINDINGS OF FACT  Pama-CEQASTATEMENT OF OVERRIDING CONSIDERATIONS  Part1-CEQA FINDINGS OF FACT  A. INTRODUCTION  The Califoria Environmental Quality Act (CEQA Guidelines $15091) requires that no public agency shall approveor carry outa project for which an EIRI has been certified whichi identifies one or more written findings for each of those significant effects, accompanied byal brief explanation of the rationale for each finding. The (1) Changes or alterations havel been required in or incorporated into thej project that mitigate or avoid the 2) Those changes or alterations are within the responsibility andj jurisdiction of another public agency and (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation  possible findings are:  significant effect on the environment  have been, or can and should be, adopted by that other agency. measures or alternatives identified in the environmental. impact report.  C.  PROPOSED PROJECT  The Draft EIR, included here in totality by reference, contains a thorough and detailed description of the The Draft EIR analyzes the potentially significant environmental effects that could result from the Project including Section 3.8 Transporaton/lratic Impacts. Specifically, subsection 3.8.7 of the EIR describes in detail the nature of forecasted long-term cumulative traffic impact: at the SR 99 northbound off-ramp intersection at East Manning Avenue and the reasons why the Project cannot mitigate to less than significant  proposed Project and so is not repeated here.  the cumulative, long-term impacts to which it contributes.  D. RECORD OF PROCEEDINGS AND CUSTODIAN OF RECORD  The record, upon which all findings and determinations related to the approval of the Conditional Usel Permit  17-03 are based, includes the following;  (1) The EIR and all documents referenced in or relied upon by the EIR;  (2) All information, including written evidence. and testimony, provided by City staff and the. environmental consultants to the City relating to the Conditional Use Permit 17-03 and thel EIR; (3) All information, including written evidence and testimony, presented to the City from other public (4) All applications; letters, testimony, and presentations related to the Conditional Use Permit 17-03 and  agencies related to the Conditional Usel Permit 17-03 and the EIR;  EIR.    (5) Alli information, including written evidence and testimony, presented at any City scoping meeting or (6) AlICity-adopted or City-prepared land use plans and ordinances, including without limitation, the General Plan, specificp plans, and ordinances together with the attending environmental review documents, findings, mitigation monitoring programs, and other documents relevant to planned (7) The Mitigation Monitoring and Reporting Program for the Conditional Use Permit 17-03; (8) All other documents composing the record pursuant to Publicl Resources Code $21167.6(e). IV. SIGNIFICANT ENVIRONMENTAL IMPACTS IDENTIFIED INTHEI EIR Thel Draft EIR contains thorough descriptions of each potentially significant impact that could result from the proposed Project and recommended. mitigation measures shown above in Exhibit "A" Mitigation Monitoring and Reporting Program. With the exception of EIR Impact XVI-a)-b) regarding the long-term significant adverse cumulative traffic impacts at the intersection of SR 99 northbound off-ramp with East Manning Avenue. and related mitigation measure TRA-1, the City of Fowler finds that by adoption of Exhibit "A" Mitigation Monitoring and Reporting Program, changes or alterations are thereby required in or incorporated into the Project which avoid or substantially lessen the significant environmental effects resulting from the Part 21 below provides the necessary Statement of Overriding Considerations regarding one impact that was found by the EIR to bes significant and unavoidable even with the adoption of feasible mitigation measures.  hearing related to the Conditional Use Permit 17-03 and the EIR;  gtowth in the area;  proposed Project.  Part t2- CEQA STATEMENT OF OVERRIDING CONSIDERATIONS  The Califoria Environmental Quality Act (CEQA Guidelines $15093) requires a decision-making agency to balancet thee economic, legal, social, technological, orother benefits ofa proposed project againstits unavoidable environmental. risks when determining whether to approve a project. For any significant effects that cannotl be avoided or reduced to a less-than-signiticant level by thel Project, the lead agency must describe the reasons why. mitigation to less than significant is infeasible (PRC Section 21081(a)(3)). Approval ofa project that would have significant adverse effects on the environment requires that the agency identify the project benefits that are evaluated as outweighing its significant effects on the environment (PRC Section 21081(b). When an agency approves a project that will result in significant effects to the environment; the agency is required to state its rationale for support of the project based on the Final Environmental Impact Report (FEIR) and other The Planning Commission of the City of Fowler intends to approve Conditional Use Permit 17-03 and therefore adopts and makes the following Statement of Overriding Considerations regarding the significant, unavoidable long-term traffic impacts at the intersection of SR 99: northbound off-ramp to which the Project will contribute which are outweighed by the below-identified anticipated benefits oft thel Project,  information in the record.  A. SIGNIFICANTUNAVOIDBLE IMPACTS  With respect to the findings set forth in thel Part 1 oft this Exhibit B: and in recognition of those facts which are included in the record, the City of Fowler has determined that Project will contribute to unavoidable: long-term, cumulative traffic impacts at the SR 99 northbound off ramp intersection with East Manning Avenue. Although short-termi impacts resulting directly from thel Project willl be reduced to less than significant by mitigation requiring the Project to install a traffic signal at thei intersection, said signal will not be sufficient to mitigate to less than significant the long-term cumulative. impacts    projected to year 2040 as discussed: in the EIR. The long-term cumulative mitigation identified in the EIR and corroborated by Caltrans, would involve the construction of a new interchange that would accommodate future anticipated traffic. An interchange design has not been determined or formally adopted by Caltrans for the SR 99/East Manning Avenue interchange. Further, the interchange replacementis: notcurrently programmedby Caltrans or the Fresno (County) CoundlofCovemmens. Without a design and program for interchange demolition and reconstruction, costs for a new interchange cannot be determined, but would be outside the financial capability ofa single project to bear the cost upfront. There are currently insufficient funds allocated from other potential sources to reconstruct the interchange. Therefore, the City of Fowler finds thel long-term cumulative impacts at the SR 99 northbound off-ramp cannot. be feasibly mitigated to less than significant level by the proposed Project. Imposing such a significant cost burden to the Project would likely render it  financially infeasible. B. BENEFITS OF THE PROJECT  1.) Thep proposed Projectwill provide and help retain long- term sales tax (gas/diesel, food, and various tangible goods) and transient occupancy tax (hotel) net revenues to the City. 2.) The proposed Project: will promote new employment opportunities and related "multiplier" 3.) The expanded highway-oriented traveler aménities and services proposed will maximize the efficient utilization of land in the industrial corridor of the City and will thereby facilitate the capture of a larger portion of revenue benefits from the traveling public and SR 99 goods 4.) The Project will provide a modernized and safe place for commercial truck drivers and vehicles to 5.) The Project will provide its fair share of East Manning Avenue roadway improvements and traffic flow improvements, including installation ofa signal at the SR 99 northbound off-ramp at East Manning Avenue which will add an element of addition traffic safety and control benefits for the community and industrial corridor at that location and over-all and at the overpass in general for 6.) The. Project has the potential to serve as a catalyst for additional economic development in this area of Fowler that will then provide additional fair share contributions to the cost of replacing the interchange with a more modern design that will better accommodate future growth in the  economic benefits to the City.  movement corridor. stop, rest, and dine.  the next 10 years.  Fowler community. OVERRIDING CONSIDERATIONS  The City of Fowler finds that each of the overriding considerations set forth above constitutes a separate. and independent ground for finding that the benefits of the proposed project outweigh its long-term cumulative environmental impacts and are considerations warranting approval of the  proposed Project.    RESOLUTION NO. 650 OF THE CITY OF FOWLER  RESOLUTION BEFORE THE PLANNING COMMISSION COUNTY OF FRESNO, STATE OF CALIFORNIA  RESOLUTION APPROVING  CONDITIONAL USE PERMIT APPLICATION NO. 17-03  WHEREAS, an application for Conditional Use Permit 17-03 has been received to allow the establishment of the proposed Buford Oil Company Travel Center ("Project") in a C-3 zone district, on an approximately 19-acre parcel (APN:345-189-30): at 2747 East Manning Avenue, located on the north side of WHEREAS, an approximately 10-acre portion of the subject 19-acre parcel is currently occupied by the Fowler Shell Truck Stop. containing automobile gas and commercial tractor/trailer diesel fueling islands, commercial truck parking, weighing, and limited traveler amenities, which will all be demolished to allow the  East Manning Avenue between Statel Route 99 and Golden State Boulevard; and  new Travel Center and related off-site improvements to be constructed; and has been reviewed for compliance with the Fowler Zoning Ordinance; and  WHEREAS, thes subject application was deemed complete by the Fowler Planning Department and WHEREAS, the Project requires approval ofa Conditional Use Permit in accordance with Article WHEREAS, the City determined that the Project is subject to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq. and Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3 sections 15000, et seq., requiring the preparation of an Environmental Impact Report to evaluate potentially significant impacts on the environment regarding air quality, biological resources, cultural resources, greenhouse gas emissions, hazards & hazardous materials, hydrology/water quality, tansportation/tatic, utilities/service systems, and mandatory findings of WHEREAS, a public hearing notice was duly published informing the public that the EIR and Project would be considered for approval at a Special Planning Commission meeting held on January 9, 2020 WHEREAS, by Resolution 649, passed on January 9, 2020, the Planning Commission has certified the EIR as adequate pursuant to CEQA and the Guidelines, adopted all mitigation measures recommendedin the EIR; adopted the Mitigation Monitoring and Reporting Program, adopted Findings of Fact, and adopted a Statement of Overriding Considerations accepting the long-term significant adverse cumulative and unavoidable traffic impacts at the SR 99 northbound off-ramp and East Manning Avenue intersection based  25oft the Fowler Zoning Ordinance; and  significance; and at 6:30 p.m.; and  on identified benefits ofthe Project which outweigh thei impacts; and with the EIR: at a Special Meeting on January 9, 2020; and  WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit together    WHEREAS, the Planning Commission, after reviewing and considering the staff report, EIR, and all evidence presented at the Planning Commission Special meeting January 9, 2020, including oral and written public testimony on the Project and the EIR, and which is herein incorporated by this reference, did make the following findings with regard to the Conditional Use Permit 17-03 for the Buford Oil Company  Travel Center Project:  1. The site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the 2 The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. No significant 3. The proposed use will have no adverse effect upon abutting property or the use thereof. 4. The conditions established by the Planning Commission and attached to this Resolution for Conditional Use Permit 17-03 are deemed necessary to protect the public health, safety and. NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Fowler does approve Conditional Use Permit No. 17-03 for the Buford Oil Company Travel Center Project subject Ihereby certify the foregoing is a full, true, and correct copy ofa resolution duly and regularly adopted by the Planning Commission of the City of Fowler at a meeting held on the 9u day of) January 2020 by the following  Zoning Ordinance.  effects on the surrounding street system are anticipated.  general welfare.  to the conditions contained in Attachment"A."  vote: AYES: NAYS: ABSTAIN: ABSENT:  Chairman of thel Planning Commission  Attest:  City Clerk  2    Attachment "A"  CONDITIONS OF APPROVAL Conditional Use Permit No. 17-03  (East Manning Avenue between SR 99 and  Golden State Boulevard)  General Conditions 1.  Approval oft this conditional use permit and the associated site plan shall be valid fora period not to exceed one year from the date of approval unless al building permit for the facility described herein has been issued by the Building Department and construction. is being diligently pursued. The owner may request an extension of upt to one additional year via written request to the Planning Department submitted not less than thirty days prior to expiration of this approval. As there are two buildings on the site, once a building permit is facilitated for one oft the proposed buildings construction oft thes second building will not be heldt to any timel limits. Development of the site shall be in substantial conformance with the site plan dated February 27, 2018 except as may be modified by these conditions or the direction of thel Planning Commission. All provisions oft the C-3 (General Commercial) zone district shall apply. All provisions of the Highway Beautification Overlay District shall apply.  2. 3. 4. 5. 6.  Any free standing or occupancy signs are subject to review and approval by the Director by means ofas separate All conditions shall be satisfied prior to occupancy approval for any portion of the project. Failure to comply with all conditions of approval shall be grounds for the imposition of penalties, suspension of the permit, 7. The operator shall! keep the exterior premises free oftrash and debris. Graffiti shall be removed or covered within 8. Any business operating on the site and all contractors or sub-contractors working in the City must obtain a 10. Alll lighting shall be hooded and directed as to not shine towards adjacent properties and publics streets. 11. Drive aisles shall bel kept unobstructed at all times. Vehicles shall: not block driveways. 12. A copy of these conditions must be kept on the premises and be shown to any requesting City official. Failure to comply with all conditions of approval shall be grounds for the imposition of penalties, modification oft the 13. All business and processes shall be conducted within a completely enclosed structure, except for off-street parking and loading areas, service stations, outdoor dining areas, nurseries, garden shops, signs, Christmas tree 14. No use shall be permitted and no process, equipment or materials shall be used that are found by the City to be objectionable to persons living or working in the vicinity by reasons of odor, fumes, dust, smoke, cinders, dirt,  Sign) Review process.  modification oft the permit, or revocation oft the permit, 481 hours ofits discovery by the applicant, manager, or any employee. business license from the Finance Department atl Fowler City Hall. 9. The operator shall report applicable sales tax revenue tot the State.  permit, or revocation of the permit.  sales lots, bus depots, and transit stations, public utility stations and cars sales.    refuse, water- carried waste, noise, vibration, illumination, glare, or unsightliness or to involve any hazard off fire  or explosion. Property Development Standards  15. Each site in the C-3 (General Commercial) zone district shall! have a minimum area of 10,000 square feet. 16. The minimum fronty yard shalll be fifteen (15) feet.. Ai minimum oft ten (10) feet oft the required front yard shalll be  landscaped.  17. The maximum building height shall be fifty (50) feet. submittal for building permits. Highway Beautification Overlay Standards  **Please provide elevations of all buildings to the Planning Department for review and approval prior to:  18. Pursuant to Article 19, Section 9-5.1907 oft the Fowler Zoning Ordinance along lot lines adjacent to at-grade or elevated highway sections, a landscaped buffer of nol less than 20-feet shall be provided. 19. In accordance with Section 9-5.1907 (L) of the Fowler Zoning Ordinance any building wall visible from the highway shall be detailed andt treated equally in terms of appearance to the front of the building. 20. In: accordance with Section 9-5.1907 (M) of the FowlerZoning Ordinance utility andi mechanical equipment such as heating units, air conditioners, antennas, satellite dishes, HVAC units, or similar devices shall be integrated into the design of the building ors situated on thes site sot that they are not visible from the highway. When thisi is not possible, the equipment shall be screened from view of the highway by a masonry wall or other method 21.1 In accordance with Section 9-5.1907 (N) of the Fowler Zoning Ordinance trash and recycling areas shall be situated ont the sites so.t that they are nots visible fromt the highway. When this isi not possible, the trash and recycling areas shall be screened from view of the highway byar masonry wall or other method acceptable to the City. 22. In accordance with Section 9-5.1907 (0) of the Fowler Zoning Ordinance loading areas shall be situated on the site sot that they are not visible from thel highway. When this is not possible, the loading areas shall be screened  acceptable byt the City.  from view from the highway by a masonry wall or other method acceptable tot the City.  Off-Street Parking and Loading Standards adequate by the Planning Department.  23. Priort tot thei issuance ofal building permit verification of the required numberofparking: stalls shall be determined 24. Improvements shalli include handicap parking stalls and: an ADA accessible sidewalk providing access to the front door oft the buildings the parking loti is serving. These spaces shall meet the State standards. 25. All parking areas shalll have adequate ingress and egress toa and from a street or alley. Sufficient room for turning and maneuvering vehicles shall be provided on the site. Bumper rails or other barriers shall be provided where 26, Entrances and exits to parking lots and other parking facilities shall be provided only atl locations approved by 27. Each parking space shall not be less than 20-feet in length and 9-feet in width, exclusive of aisles and: access drives, except that up to thirty (3) percent of all spaces may be provided for compact cars and such spaces not 28. Parking lot lighting shall be deflected away from abutting sites so: as not to cause: annoying glare. 29.0 Parking area for the convenient store shall be lit to a foot-candle coverage between 0.5 and 1.5. 30. No commercial repair work or servicing of vehicles shall be conducted on: a parking site.  needed for safety or to protect property, as determined by the City.  the City.  less than 9-feet in width and 16-feet in length, and marked for compact cars.  31, In accordance with Section 9-5.2005 of the Fowler Zoning Ordinance every building shall provide fora a loading  space on the same parçel withs such building, as follows:  A. Having: a gross floor area of4,000 square feet or less: no requirement    B. Havinga a gross floor area between 4,001 square feet and 40,000 square feet: at least one off-street For uses greater than 40,000 square feet: one additional off-street loading space for each 30,000 square feet or major fraction thereof of gross floor area, toa maximum of5 loading spaces.  loading space  32. Every required loading space shall have a minimum length of 40-feet, a minimum width of 12-fect, and a  minimum vertical clearance of14-feet. 33. The required loading space may be within al building.  34. Al loading space may occupy a1 rear or side yard, except such portion required tol be landscaped. 35. In accordance with Section' 9-5.2007 of the Fowler Zoning Ordinance at all points along streets or sidewalks (excepting points of access to the parking lot or area), a concrete curb or timber barrier not less than 6-inches 36. In accordance with Section 9-5.2008 of the Fowler Zoning Ordinance any plan for off-s street parking facilities shall be accompanied by a landscape plan. All off-street parking facilities shall conform with the following  high shalll bei installed and maintained.  standards:  A. A plot plani indicatingt the location of all landscaping. landscaped and continually maintained. landscaped and continuously maintained. tree well of twenty (20) square feet or more,  B. Not less than five percent of a parking lot comprising of up to twenty parking spaces shall be Not less than ten percent ofa parking lot comprising of more that twenty parking stalls shall be D. Not: more. than ten (10) consecutive parking stalls shall be allowed without an: approved landscaped  Landscaping Standards  37. Landscaping shall be provided in accordance with) Fowler Zoning Ordinance Section 9-5.21.12.  38. Landscaping shall! be kept free from weeds and litter.  39. Parking Lot Shading. Fifty (50). percent of paved parking lot surfaces shall be shaded by tree canopies within 40. Drive-through facilities require special consideration as their design can significantly impact vehicular circulation on a site. The following requirements apply in accordance with Section 9-5.2009 of the Fowler Zoning A. Each drive- through lane shall be separated from the circulation routes necessary for ingress or B. Each drive-through. lanes shalll be striped, marked, or otherwise distinctly delineated. The vehicle stacking capacity of the drive-through facility and the design and location of the ordering and pick-up. facilities will be determined by the Director based on appropriate traffic engineering and planning data. Thea applicant shall submit tot the Cityo data addressing the following  fifteen (15): years of! planting. Drive-Through Facilities Standards  Ordinance:  egress from the property, or access to any parking space.  issucs:  1. Nature oft the product or serviçe being offered. 2.Time required to serve a typical customer. 3.1 Peak demand hours. 4.Anticipated vehicles served.  D. Ifparallel to: and visible fromal publics street, the drive-through] lane shall be appropriately screened with landscaping or other material so as to visually screen vehicles in the drive-through! lane from  the public right-of-way.    Public Works/Fire Department Comments 41. Submit a site plan showing sewer connections and improvements. 42. Submit a site plan depicting firel hydrant locations.  43. Submit a site plan depicting Fire Department connections (FDC) and backflow devices on both proposed 44. As secondary access point for emergency vehicles measuring nol less than 20 feeti in width must be developed. 45. Install security cameras on the external of the building and the ingress/egress routes of the parking lot in  buildings.  Police Department Comments  coordination with thel Police Chief. Recording shall be maintained on a 7-day loop.  Engineering Conditions (Dated December11,2017)  General:  46. All proposals of the applicant be conditions of approval, except as further modified below, and subject to modifications to conform to applicable City Standards shall be considered conditions ofapproval. 47. Applicant shall provide on- site lighting. An on-site lighting plan shall be submitted to the City Engineer for review and approval. On-site lighting shall bel hooded top prevent off-site glare. 48. Firel Department Access shall meet the requirements set forthi in Appendix III-D oft the California Fire Code. 49. Applicant shall constructa concrete: masonry trash enclosure with screened gates. The trash enclosures shalll be according to City Improvement Standards and reviewed and approved by the Building Official. The enclosures shall be ofs sufficient size to accommodate containers for refuse, green waste, and recycling. 50. Applicant shall pay applicable connection and development fees based upon the rates in effect at the time of 52. All existing water wells(s) and septic systems that served the property shall be abandoned pursuant to City, 53. Applicants shall dedicate 10 feet along the Manning Avenue frontage for street purposes to encompass the existing 54. Applicant shall complete frontage improvements along Manning Avenue (including, but not limited to, curb, 55. Applicant shall pay a fairs share towards mitigating significanti impacts to the pavement structural section between 56. Applicant shall provide ani irrevocable offer of dedication for an: additional 14 feet behind the 10 foot dedication 57 Applicant shall abandon the existing driveway approach closest to Vineyard. Avenue along Manning. Avenue and reconstruct those portions of the roadway with curb, gutter and sidewalk per City Standards. Additionally, a barrier shall be constructed to! prevent trucks from accessing the site across the curb and gutter. 583 The Applicant may maintain the most westerly driveway approach as right-in / right-outo only. 598 The applicant shall develop: a1 right-in/right-out: access on Golden State Boulevard atal location acceptable tot the City Engineer and/or Public Works Director. Access shall be paved and shall include acceleration and 60, Applicant shall replace existing street lights that have been damaged or removed along the Manning Avenue frontage. A street light plan shall be prepared in accordance with City Standards and shall be submitted for  payment.  51. Twoj points of access shall be developed fori ingress/egress into the site.  County, and State standards. curb, gutter and sidewalk area,  Circulation:  gutter, 10' sidewalk, landscaping, and streetl lighting) in accordance with City standards.  Golden State Boulevard and State Route 99.  described inl Item 9 for future street purposes (widening to: a third westbound lane).  deceleration lanes as directed byt the City Engineer.  review and approval by the City Engineer prior to work beingperformed.    61. Developer shall construct. American with Disability Act upgrades within the existing public street right of way 62. Developer shall reconstruct the Vineyard Place / Manning Avenue curb ramps such that a WB-60 design vehicle (large semi-truck) can make turns into and out of the site without traversing curbs or other improvements. Improvements may include, but no be limited to, new curb ramps, pavement, utility adjustments, and traffic 63. Developer shall, prepare a traffic study to identify project impacts and mitigations as identified by the City  for streets abutting the project frontages:  signal modifications.  Engineer. The traffic study shall include and analysis oft the following facilities: A: Manning Avenue, / SR 99 Interchange. Ramp Intersections B. Manning Avenue / Vineyard Place Intersection Manning Avenue / Golden State Boulevard Intersection  64 Developer shall paya a fair share, construct. improvements and/or otherwise: mitigate traffic impacts as approved 65. A grading and site improvement; plan shalll be submitted to the building official for review and: approval by the City Engineer. The applicant shall obtaina a permit for all on-site grading and sitei improvement: work. 66a Aj project specific geotechnical report shall be prepared ands submitted for review by the City Engineer. 67. Applicant shall develop or expand. on-site drainage facilities including, but not limited to, retention basin, pipelines, manholes, inlets, and any other facility required to convey and store the project storm drainage. Applicant shall submit storm drainage calculations toi identify storm drainage flows and hydraulic grade lines of 68.. Permanent surfacing shalll bej provided for the site consisting ofan asphalt concrete surfacing: and/or valley gutter for drainage, with minimum surfacing section to include 2.5" of asphalt concrete over 5" of aggregate base per 69. The applicant shall obtain an NPDES permit from the Regional Water Quality Control Board. The plan shall provide for the mitigation ofs soil erosion from the project site during the construction and warranty periods and 70.. Applicant shall pay one- half the applicable City's Storm Drainage fee for previously developed parcels and the 71. Applicant shall submit an on- site and off-s site landscape and irrigation plan for review and approval by the City 72. Landscaping shall be drought tolerant andi irrigation system shall be low water consumption, shall only contain 73. The new convenience store shall be provided with separate domestic, fire and landscape water services as 74. Applicant shall provide andi install water meters and appropriate backflow devices as required by City ordinances and standards. Replace and Relocate Water Meters to City Easement east. of property. Replace and Relocate 75. On-site fire hydrants shall be provided at locations approved by the Fire Chief. On- site water main supplying the fire hydrants shall be a minimum of 8" diameter. Verify size of supply line to onsite fire hydrant and install additional onsite hydrant as determined by the Fire Chief andi install a double check detector assembly (DCDA)  by the City Engineer. Grading and Drainage:  proposed storm drainage facilities.  City Standards. Valley gutters shall be a minimum width of 3' per City Standards.  be submitted to the City prior tot the start of construction. full storm drainage fee for previously undeveloped parcels.  Landscaping:  Engineer.  drip or micro-spray irrigation, ands shall comply with all provisions of AB 1881.  Water:  approved by the City Engineer.  Backflow Devices as closet to Water Meter: as possible and to City of Fowler Standards. on private fire line to City ofl Fowler standards near city easement and water main.    Sewer:  76. Applicant shall submit a plan for sewer service for review and approval by the City Engineer and Selma- 77. Applicants shall pay applicable sewer connection feest to SKFI based upon the rates ine effectat the time ofj payment. 78e All new electric, cable TV, telephone, internet, etc. services shall be provided to the development shall be 79. That any private irrigation facilities, private and those maintained by CID, be relocated outside oft thes street right of way, except at street crossings. Any irrigation lines that must remain in service shall be reconstructed with  Kingsburg-Fowler County Sanitation District (SKF).  Utilities:  undergrounded (ncluding transformers).  Irrigation:  rubber gasket reinforced concrete pipe.  80- That all abandoned: irrigation. lines serving the property be removed.  Mitigation Measures:  81. BIO-1 (WEAP Training) Prior to initiating construction activities (including staging and mobilization), all personnel associated with Project construction shall attend mandatory Worker Environmental Awareness Program (WEAP) training, conducted by a qualified biologist, to aid workers in identifying special status resources that may occur in the Project area. The specifics of this program shall include identification of the sensitive species ands suitable habitats, a description of the regulatory status and general ecological characteristics of sensitive resources, and review of the limits of construction and mitigation measures required to reduce impacts to biological resources within the work area. A fact sheet conveying this information, along with photographs or illustrations of sensitive species with potential to occur onsite, shall also be prepared for distribution to: all contractors, their employees, and all other personnel involved with construction ofthel Project. All employees shall sign a form documenting that they have attended WEAP training and understand the 82. BIO-2 (Generall Pre-construction: Survey): A pre-construction survey for special status species shall be conducted by a qualified biologist within 30 days prior to the beginning of construction activities. If sensitive biological resources: are present onsite, the biologist shall establish an appropriate buffer zone and label sensitive resources or areas ofa avoidance with flagging, fencing, or other easily visible means. If avoidance is not feasible, CDFW 83.0 BIO-3 (Construction Operational Hours): Construction shall be conducted during daylight hours to reduce 84. BIO-4a (Avoidance): The Project's construction activities shall occur, if feasible, between September 16 and. 85, BIO-4b (Pre-construction Nesting Bird Survey): If activities must occur within nesting bird season (February1 1 to September 15),a qualified biologist shall conduct! pre-construction: surveys for active nests within 30 days prior tot thes start of construction. The survey shall include the proposed work area and: surrounding lands within 0.5 mile. If no active nests are observed, no further mitigation is required.. Active nests are generally defined by the presence ofe eggs or young; however, raptor nests are considered "active" upon the nest-building stage. 86. BIO-4c (Establish Buffers): On discovery of any active nests near work areas, the biologist shall determine appropriate construction setback distances based on applicable CDFW: and/or USFWS guidelines and/or the biology oft the species in question. Construction buffers shall be identified with flagging, fencing, or other easily visible means, ands shall be maintained until the biologist has determined that the nestlings have fledged. 87. BIO-5a Pre-construction Take Avoidance Survey): A take avoidance survey. will be conducted by a qualified biologist for burrowing owls within 30 days prior toi initiating ground disturbance activities. This survey will be conducted according to methods described! in CDFW's 2012 Staff1 Report on Burrowing Owl Mitigation.  information presented to them.  and/or USFWS: shall be consulted to determine the best course ofaction. disturbance to wildlife that could be foraging within work areas.  January 31 (outside of nesting bird season) in an effort to avoid impacts to nesting birds.    88. BIO-5b (Avoidance): Ifan active burrowing owl burrowis detected, the occurrence: shall be reported to thel local CDFW office and the CNDDB, and disturbance- free buffers shall! bei implemented: in accordance with CDEW's  2012 Staff Report on Burrowing Owl Mitigation, as outlined int the table below:  Location  Time of Year  Disturbance-Free Buffers Low 200r meters 200r meters 501 meters  Medium 500 meters 200 meters 100 meters  Nesting sites April 1-A August 15 Nesting sites August 16 - October 15 Nesting sites October 16- - March 31  89. BIO-5c (Consultation with CDFW and Passive Relocation): Ifavoidance of an active burrowing owl burrowis not feasible, CDFW shall be immediately consulted to determine the best course of action, which may include passive relocation during non-breeding season. Passive relocation and/or burrow exclusion shall not take place without coordination with CDFW: and preparation of an approved exclusion and relocation plan. 90. BIO-6a Pre-construction SJKF Burrow Survey): Within 30 days prior to the start of construction, a pre- construction survey for San) Joaquin kit fox individuals and suitable burrows shall be conducted on: and within 200 feet of proposed work areas. Any burrows within the survey area that are determined to be suitable for use by the SJKF shall be monitored for a period of three days using tracking medium. and/or remotely triggered cameras. If an activel kit fox den is detected within or adjacent to the Project area, construction willl be delayed, 91, BIQ-6b (Minimization): The Project shall observe all minimization and protective. measures from the Construction and On-Going Operational Requirements of the USFWS 2011 Standardized Recommendations, including, but not limited to: construction speed limits, covering of pipes, installation of escape structures, restriction of herbicide and rodenticide. use, proper disposal of food items and trash, prohibition of pets and 92, BIO-6c (Mortality Reporting): The Sacramento Field Office of USFWS and the Fresno Field Office OfCDFW will be notifiedi in writing within three working days in thec case oft the accidental death or injury toa San) Joaquin kit fox during construction. Notification must. include the date, time, and location oft the incident and any other 93. CUL-1 (Archacological Remains): In the event that archaeological remains are encountered at any time during development or ground-moving activities within the entire project area, all worki in the vicinity of the find shall 94. CUL-2 (Human Remains) IE human remains are uncovered, or in any other case when human. remains are discovered during construction, the Fresno County Coroner is to be notified to: arrange their proper treatment and disposition. If the remains are identified-on the basis ofarchaeological. context, age, cultural associations, or biological traits-as those ofa Native American, California Health and Safety Code 7050.5 and Public Resource Code 5097.98 require that the coroner notify the NAHC within 241 hours of discovery. The NAHC will then identify the Most Likely Descendent who will determine the manner in which the remains are treated. 95. GHG-1 Site design and building placement shall minimize barriers to pedestrian access and interconnectivity. Physical barriers such as walls, berms, landscaping, and slopes between residential and nonresidential uses that  and CDFW and USFWS shall be consulted to determine the best course of action.  firearms, and completion of an employee education program.  pertinent information.  halt until a qualified archaeologist can assess the discovery.  impede bicycle or pedestrian circulation are eliminated. 96. GHG-2:Thel Project shalli install] Energy Starl labeled roof materials.  97. GHG-3: The Project shall optimize building's thermal distribution by separating ventilation and thermal 98. TRA-1 (East Manning Avenue/SR99): Thel Project applicant shall provide a: signalized intersection with a design life ofa atl least 10-years or convert the northbound off ramp intersection toa a two-lane roundabout.  conditioning systems.  Other:    99. Approval of this Project is for the benefit oft the Applicant. The submittal of applications by Applicant for this Project was a voluntary act on the part of the Applicant not required by the City. Therefore, as a condition of approval oft this Project, the. Applicant agrees to defend, indemnify andi hold! harmless the City of Fowlera andi its agents, officers, consultants, independent contractors and employees ("City" from any and all claims, actions or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the Project, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and The City shall promptly notify the Applicant of any Claim and the City shall cooperate fully in the defense. If the City fails to promptly notify the Applicant of any Claim ori ift the City fails to cooperate. fully in the defense, the Applicant shall: not thereafter be responsible to defend, indemnify, orl hold harmless the City. Nothing in this condition shall obligate the City to defend any Claim and the City shall not be required to pay or perform any settlement arising from any such Claim not defended by the City, unless the City approves the settlement: in writing. Nor shall the City be prohibited from independently defending any Claim, andi ifthe City does decide to independently defend a Claim, the Applicant shall be responsible for City's attorneys' fees, expenses of litigation and costs for that independent defense, including the costs of preparing any required administrative record. Should the City decide to independently defend any Claim, the Applicant shall not be required to pay or perform any settlement arising from any such Claim unless the Applicant approves the  damages arising therefrom (collectively "Claim").  settlement.  Signature of Applicant: Dated: