HomeMy WebLinkAboutRES NO 136-13RESOLUTION NO. 136- 13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE
MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN AND ZONE CHANGE LOCATED AT THE SOUTHEAST CORNER OF
STOCKDALE HIGHWAY AND HEATH ROAD (GPA /ZC NO. 13- 0127).
WHEREAS, Bolthouse Properties, LLC, filed an application with the City of Bakersfield
Community Development Department requesting an amendment to the land use map
designation of the Metropolitan Bakersfield General Plan from HR (High Density Residential)
and HMR (High Medium Density Residential) to LR (Low Density Residential) and HR (High
Density Residential) and an amendment to Title 17 of the Bakersfield Municipal Code to
change the Zone District from R -3 (Multiple Family Dwelling) and R -2 (Limited Multiple Family
Dwelling) to R -1 (One Family Dwelling) and R -3 (Multiple Family Dwelling) on approximately
80 acres located at the southeast corner of Stockdale Highway and Heath Road (the
"Project "); and
WHEREAS, the City Council adopts a Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, October 16, 2013 at 5:15 p.m.
in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before the City Council to consider the proposed
Negative Declaration as required by Government Code Section 65355, and notice of the
public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal
Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, Negative Declaration and the Planning Commission's
deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The Planning Commission's findings as contained in its Resolution No. 37 -13 are
hereby adopted.
2. The Negative Declaration for the Project is hereby adopted subject to the
mitigation measures in Exhibit A for the Project located on the map as shown in
Exhibit B, both of which are incorporated herein.
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on OCT 16 2013 ,
by the following vote:
C� COUNCILMEMBER RIVERA, MAXWW"ELL, WEIR SMI HAIYSON, SULCIVAN, JOHNSON
NOES: COUNCILMEMBER 100?'Q_
ABSTAIN: COUNCILMEMBER W4L_
ABSENT: COUNCILMEMBER IMO
ROBERTA GAFFORD, CMCff
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT 16 2013_ i
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGRI kA GENNARO
City t rney - A
ANDREW HEGLUND �J
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DI. \ S: \GPAs \GPA 3rd 2013 \13 - 0127 \Res Ord \RES ENV CC Resolution 13- 0127.doc
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ORIGINAL
Exhibit A
Mitigation Measures
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ORIGINAL
EXHIBIT A
MITIGATION MEASURES
GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 13 -0127
151ii"AtE•71ILTAUfiJ *1[13•I1't I C71[i�l 1 • >I ;73iL•I
Air Quality and Green House Gas Mitigation Measures:
Prior to grading plan approval, the applicant /developer of the project site shall submit
documentation to the Planning Department that they will /have met all air quality
control measures required by the San Joaquin Valley Air Pollution Control District.
Mitigation for Air Quality and Greenhouse Gas impacts.
Biological Impact Mitigation Measures:
2. The burrowing owl is a migratory bird species protected by international treaty under
the Migratory Bird Treaty Act (META) of 1918 U. S. C. 703-711). The MBTA makes it
unlawful to take, posses, buy, sell, purchase, or barter any migratory bird listed in 50
C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as
allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5 and 3800 of
the California Department of Fish and Wildlife Code prohibit the take, possession, or
destruction of birds, their nests or eggs. To avoid violation of the take provisions of these
laws generally requires that project - related disturbance at active nesting territories be
reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15,
annually). Disturbance that causes nest abandonment and /or loss of reproductive
effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and
is potentially punishable by fines and /or imprisonment.
Mitigation for biological impacts.
3. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan. Survey protocol shall be that recommended by the State
Department of Fish and Wildlife. Developer shall be subject to the mitigation measures
recommended by the consultant. A copy of the survey shall be provided to the
Planning Department prior to ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban development
permit, grading plan approval, or building permit and pay fees prior to the 2014
expiration date under the current MBHCP. As determined by the City of Bakersfield, only
projects ready to be issued an urban development permit, grading plan approval or
building permit before the 2014 expiration date will be eligible to pay fees under the
current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed.
The ability of the City to issue urban development permits is governed by the terms of
the MBHCP. Urban development permits issued after the 2014 expiration date may be
subject to a new or revised Habitat Conservation Plan, if approved, or be required to
comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish
and Wildlife Department.
Mitigation for biological impacts.
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 2
Cultural Impact Mi igation Measures:
4. If human remains are discovered during grading or construction activities, work shall
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find
and the Kern County Coroner shall be notified immediately (Section 7050.5 of the
California Health and Safety Code and Section 5097.98 of the California Public
Resource Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation for cultural impacts.
5. Prior to ground- disturbance activities associated with this project, personnel associates
with the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (i.e. archaeological sites, artifacts, features, burials, human
remains, etc.) that may be encountered during site preparation activities, how to
identify those resources in the field, and of the regulatory protections afforded to those
resources. This training shall be conducted by representatives from the Tejon Indian
Tribe. The personnel shall be informed of procedures relating to the discovery of
archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The
applicant /developer of the project site shall submit documentation to the Planning
Department that they have met this requirement prior to commencement of ground
disturbance activities. This documentation should include information on the date(s) of
training activities, the individual(s) that conducted the training, a description of the
training, and a list of names of those who were trained. Should cultural remains be
uncovered, the on -site supervisor shall immediately notify a qualified archaeologist and
the Tejon Indian Tribe.
The developer shall provide the Tejon Indian Tribe information on excavation depth of
the construction of the site.
Mitigation for Cultural Impacts
MITIGATION MEASURES FROM PREVIOUS GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 09-
0263:
Agricultural Resources:
6. Prior to issuance of a grading or building permit for urban development, or support
facilities as contemplated in the Project, whichever occurs last, the applicant shall
mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by
selecting one or more of the items described below. Net acreage is to be calculated
based on the exclusion of existing roads, lands within the proposed Westside Parkway
alignment, proposed Nord Road arterial alignment, and proposed West Beltway
alignment, and related areas, as such alignments may be from time to time amended,
and areas already developed with structures. The applicant shall submit written
verification of the applicant's compliance with this mitigation measure to the Planning
Director's satisfaction. Compliance with this condition may be phased as the project is
developed. The net acreage of agricultural land to be mitigated shall be equal to the
amount of land being developed as each phase is developed. o�0AKF9s,.
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ORIGfNAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 3
a. Funding and /or purchase of agricultural conservation easements. Such easements
shall be accepted or purchased and monitored and enforced by a land trust or
another appropriate entity. Funds may be used for easement purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative
costs.
b. Contribution of agricultural land or equivalent funding to an organization that
provides for the preservation of farmland in California. Funds may be used for
purchases, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
c. Purchase of credits from an established agricultural farmland mitigation bank
approved by applicable governmental authority.
d. During the life of the project, if the City of Bakersfield or other responsible agency
adopts an agricultural land mitigation program that provides equal or more
effective mitigation than measures listed above, the applicant may choose to
participate in that alternate program to mitigate loss of agricultural land impacts.
Prior to participation in the alternate program, the applicant shall obtain written
approval from the City of Bakersfield agreeing to the participation, and the
applicant shall submit written verification of compliance with the alternate
program at the same time described above in the first paragraph.
Mitigation for potentially significant agricultural impacts.
Agricultural land used for mitigation shall be of at least equal agricultural classification
as the land being converted or be capable of being developed as such; that is,
mitigation land shall be classified or developed as Prime Farmland, Farmland of
Statewide Importance, etc., (as established by the California Department of
Conservation in the Farmland Mapping and Monitoring Program), the mitigation
acreage being at least equivalent in classification to the converted land, or being
capable of producing the some or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno,
Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence
that the some or equivalent crop scan be produced on the mitigation land.
7. Prior to subdivision approval, if the adjoining properties are still in agricultural uses and
have not received entitlements for development, then prior to issuance of certificates
of use and occupancy, the Project Applicant shall record a covenant on all lots within
300 feet of agricultural uses. The covenant shall provide notice that each resident is
moving into an area located close to agricultural lands or within agricultural lands, and
they may be subject to inconveniences or discomfort arising from agricultural
operations. Such discomfort or inconveniences may include, but are not limited to
noise, odors, dust, smoke, insects, operation of machinery during any 24 -hour period,
aircraft operation, storage and disposal of manure, and the application by spraying or
other means of agricultural chemicals, such as pesticides and fertilizers. One or more of
the inconveniences described above may occur even in the case of an agricultural
operation, which is in conformance with existing laws and regulations and locally
accepted customs and standards. PKF
Mitigation for potentially significant agricultural impacts.
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 4
Biological Resources:
8. During grading and construction, the Project Contractor shall ensure all trash and food
waste is disposed of in closed containers and regularly removed from the proposed
Project site during construction. Absolutely no deliberate feeding of wildlife shall be
allowed.
Mitigation for potentially significant biological impacts.
9. Prior to earth disturbance phases of construction, all construction personnel shall be
trained in sensitive species identification and avoidance techniques and be instructed
to be on the lookout for kit fox dens during earth disturbance. Proof of training shall be
submitted to the City of Bakersfield Planning Department. Any evidence, such as dens,
observed at any time during construction, shall be promptly reported to the reviewing
agencies for resolution.
Mitigation for potentially significant biological impacts.
10. During construction, all pipes, culverts or similar structures with a diameter of four inches
or greater shall be kept capped to prevent entry of the kit fox. If not capped or
otherwise covered, the openings shall be inspected twice daily in the morning and
evening and prior to burial or closure, to ensure no kit foxes or other wildlife become
entrapped or buried in pipes.
Mitigation for potentially significant biological impacts.
11. Prior to grading, the Project Applicant shall pay the habitat mitigation fee in
accordance with section 15.78.030 of the City of Bakersfield Municipal Code and the
MBHCP. If the MBHCP is not extended past the expiration date of 2014, then during the
time when no applicable MBHCP is in place, the Project Applicant shall comply with
such mitigation measures as shall be required by the U.S. Fish and Wildlife Service
(USFWS) and the California Department of Fish and Wildlife (CDFW) including, but not
limited to, the following:
a) Fund, and /or purchase, the appropriate number of credits in a mitigation bank or
conservation program for sensitive and nesting birds, which is approved by the
applicable regulatory oversight agency (i.e., USFWS or CDFW).
b) Contribute the appropriate funding to an organization, which is approved by the
appropriate regulatory oversight agency (i.e., USFWS, CDFW), that provides for the
preservation of off -site habitat for sensitive and nesting birds. Funds may be used
for purchases, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
c) Contribute the appropriate funding and follow the appropriate regulatory
oversight agency (i.e., USFWS, CDFW) guidelines, including obtaining the required
permits, to enable the relocation of any sensitive or nesting birds identified on -site.
d) During the life of the project, if a HCP is adopted by the City of Bakersfield, or other
responsible agency, that provides equal or more effective mitigation than
measures listed above, the Project Applicant may choose to participate in that
alternate program to mitigate loss of habitat impacts to sensitive or nesting birds.
Prior to participation in the alternate program, the Project Applicant shall obtain
written approval from the appropriate regulatory oversight agency (i.e., USFWS,
CDFW) agreeing to the participation, and the Project Applicant shall su�evi q
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 5
written verification of compliance to the City of Bakersfield with the alternate
program at the same time described above in the first paragraph.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
sensitive and nesting bird habitat land within Kern County.
Mitigation for potentially significant biological impacts.
12. Prior to the commencement of grading activities, the Project Applicant shall retain a
qualified biologist to verify the presence or absence of any previously unidentified
protected species, which are not addressed in the MBHCP. If encountered, the USFWS
and CDFW shall be notified of previously unreported protected species. Any take of
protected wildlife shall be reported immediately to the CDFW and USFWS. No activities
shall occur until Incidental Take authorization has been obtained from the CDFW and
USFWS.
Mitigation for potentially significant biological impacts.
13. Seven days prior to the onset of construction activities during the raptor nesting season
(February 1 to June 30), a qualified biologist shall survey within 500 feet of the proposed
Project's impact area for the presence of any active raptor nests (common or special
status). Any nest found during survey efforts shall be mapped on the construction
plans. If no active nests are found, no further mitigation would be required. Results of
the surveys shall be provided to the CDFW.
If nesting activity is present at any raptor nest 500 foot buffer around any occupied
nest, unless otherwise determined by a qualified biologist and 2) access and surveying
shall be restricted within 300 feet of any occupied nest, unless otherwise determined by
a qualified biologist. Any encroachment into the buffer area around the known nest
shall only be allowed if the biologist determines that the proposed activity will not
disturb the nest occupants. Construction can proceed when the qualified biologist has
determined that fledglings have left the nest.
If an active nest is observed during the non - nesting season, the nest site shall be
monitored by qualified biologist, and when the raptor is away from the nest, the
biologist will flush any raptor to open space areas. A qualified biologist, or construction
personnel under the direction of the qualified biologist, will then remove the nest site so
raptors cannot return to a nest.
Mitigation for potentially significant biological impacts.
14. Lighting shall be shaded or shielded and directed down and away from adjacent
agricultural and open space areas to minimize increased predation of species that
may be using the adjacent open space and agricultural fields. Refer to Section 5.4,
AESTHETICS, LIGHT AND GLARE, regarding light spill over and glare mitigation measures.
Mitigation for potentially significant biological impacts.
Geologic and Seismic Hazards:
15. Prior to issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPOKF
which includes erosion control measures in order to comply with the National Poll�fion gig,
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 6
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act,
shall be obtained. Temporary, construction - related and permanent erosion control
measures may include but not be limited to the use of sandbags, hydroseeding,
landscaping, and /or soil stabilizers.
Mitigation for potentially significant Geologic and Seismic Hazards.
16. Engineering design for all future structures shall be based on the probability that the
proposed Project will be subjected to strong ground motion during the lifetime of
development. Future Project development plans shall be subject to the Bakersfield
Municipal Code and shall include standards that address seismic design parameters.
Seismic ground shaking shall be incorporated into design and construction in
accordance with the CBC requirements and site - specific design.
Mitigation for potentially significant Geologic and Seismic Hazards.
Hydrology and Water Quality:
17. Prior to submittal of improvement plans for each phase or individual tentative tract
map, the Project Applicant shall provide a drainage study in conformance with City of
Bakersfield design guidelines, which shall include, but not be limited to the following
requirements:
• Future on -site roadways shall be designed to accommodate adequate flow
capacity;
• Appropriate minimum storm drain pipe size diameter shall be specified by the
City Engineer; and
• Storm drain flow velocity limitations shall be specified by the City Engineer.
Mitigation for potentially significant Hydrology and Water Quality impacts.
18. Prior to approval of individual development projects by the Director of Public Works or
his /her designee, the Project Applicant shall confirm that the proposed Project plans
stipulate that prior to issuance of any grading permits, the Project Applicant shall file a
Notice of Intent (NOI) and pay the appropriate fees, pursuant to the NPDES program.
Mitigation for potentially significant hydrology impacts.
19. Prior to grading plan approval, the Project Contractors shall incorporate storm water
pollution control measures into a Storm Water Pollution Prevention Plan ( SWPPP); Best
Management Practices (BMPs) shall be implemented; and evidence that proper
clearances have been obtained through the State Water Resources Control Board
(SWRCB), including coverage under the National Pollutant Discharge Elimination System
(NPDES) statewide General Storm water Permit for Construction Activities.
Mitigation for potentially significant hydrology impacts.
20. Prior to commencing grading, the Project Applicant of future projects shall prevent any
off -site impacts during the construction phase. Erosion control measures shall be in
place, as approved by the Director of Public Works. The erosion control measures shall
be shown and specified on the SWPPP plot plan attached to the grading plans and
shall be constructed to the satisfaction of the Director of Public Works prior to the start
of any other grading operations.
Mitigation for potentially significant hydrology impacts. o`�0AKF9�'
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 7
Mineral Resources:
21. Prior to construction, all abandoned oil wells shall be located and exposed for
inspection and leakage testing. Proof of proper abandonment shall be obtained from
DOGGR. Said proof, shall be submitted to the Planning Director prior to Notice of
Completion.
Mitigation for potentially significant mineral resource impacts.
22. Abandoned oil wells shall be surveyed and accurately plotted on all future maps
related to the proposed Project with a ten foot no -build radius. A legible copy of a map
showing final Project design shall be submitted to the DOGGR.
Mitigation for potentially significant mineral resource impacts.
23. Prior to tract recordation, DOGGR shall be contacted to obtain information on the
requirements for and approval to perform remedial plugging operations if any other
abandoned or unrecorded wells are uncovered or damaged during excavation or
grading.
Mitigation for potentially significant mineral resource impacts.
Noise:
24. A note shall be added to the Grading Plan that states, the Project Contractor shall
provide evidence acceptable to the City Planning Department that: (1) all
construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit
shall be equipped with properly operating and maintained mufflers; and (2)
construction activities shall be limited to the designated daytime hours as specified by
the City of Bakersfield (currently 6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00
PM on weekends). No construction is allowed on Federal holidays. These restrictions
apply to all trucks, vehicles, and equipment that are making or involved with material
deliveries, loading or transfer of materials, equipment service, and maintenance of any
devices for or within the proposed Project's construction site.
Mitigation for potentially significant noise impacts.
25. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from noise sensitive receptors, to the satisfaction of the
Building Official.
Mitigation for potentially significant noise impacts.
26. A note shall be added to the Grading Plan that states, the Project Contractor shall
incorporate feasible muffling features into all construction vehicles and equipment and
into construction methods, and shall maintain all construction vehicles and equipment
in efficient operating condition.
Mitigation for potentially significant noise impacts.
27. Prior to approval of the proposed Project plans and specifications by the City Building
Department, stockpiling and construction vehicle staging areas shall be located as far
away as practical from noise sensitive receptors during construction activities.
Mitigation for potentially significant noise impacts. o�0AK�9� -n
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 8
28. At the earliest of the following, (i) January 1, 2025, or (ii) at such time as Project build -out
results in Project trip generation equal to 2,145 AM peak hour trips or 3,020 PM peak
hour trips: a site - specific acoustical analysis shall be conducted by a qualified
acoustical engineer to determine if existing homes located along the north side of
Stockdale Highway (between Nord Avenue and South Claudia Autumn Drive) are
located within the 65 dB CNEL contour for "2035 With Project" conditions (247 feet from
the center of the roadway), and if such homes are not protected by an effective
sound wall. Construction or replacement of sound walls shall be implemented to
achieve an exterior noise exposure of 65 dB CNEL or less at the homes.
The site - specific acoustical analysis shall be the responsibility of the Project Developer,
and shall include measures to maintain the 20 dB reduction between exterior and
interior noise levels. If the homes located north of Stockdale Highway (between Nord
Avenue and South Claudia Autumn Drive) are within the 65 dB contour and exterior
noise cannot be reduced to 65 dB or below by use of a sound wall, then interior noise
reduction measures shall be used. Interior noise reduction can be achieved by
providing windows facing Stockdale Highway with assemblies having a minimum
laboratory- tested sound transmission class (STC) rating of 35.
Mitigation for potentially significant noise impacts.
29. After the precise grading and plot plans have been developed and prior to the
issuance of building permits, a site - specific acoustical analysis shall be conducted by a
qualified acoustical engineer to determine the final height and location of any sound
walls that would be required along Stockdale Highway. It is estimated that eight -foot
high sound walls would be required along Stockdale Highway, to reduce traffic noise
levels to below the City's 65 dB CNEL standard. The final design of sound walls will
require a detailed acoustical analysis that takes into consideration site - specific factors
including building setbacks and the relative elevations of the traffic noise source, sound
wall, and receiver. The acoustical analysis shall be the responsibility of the Project
Developer. The developer shall assume an 8 foot high block wall for bonding purposes
if map is recorded prior to design of wall(s).
Mitigation for potentially significant noise impacts.
30. In order to protect Kern County Water Agency's (KCWA's) full use and operations of
their existing facilities, as part of the tentative tract process, future residents and tenants
adjacent to the Pioneer Project and Cross Valley Canal shall be notified via recorded
deed notices or real estate disclosure statements, that the following nuisances may
occur during facility operating and maintenance: noise, aesthetic impairments
including impairment of privacy, blowing dust and /or smoke. In an attempt to reduce
complaints and unwarranted investigations undertaken by KCWA, and to assist in the
long -term protection of the adjacent water facilities, the following disclosure shall be
given via a note on the tentative map and a covenant recorded with the final maps
for the proposed Project site:
Your real property is adjacent to or in the vicinity of property used for water
delivery and /or groundwater recharge and recovery operations. You may
be subject to inconveniences, annoyances, or discomforts arising from
and associated with such operations on a 24 -hour basis. Said discomforts Q�eAKFq��
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 9
may include, but shall not be limited to noise, aesthetic impairments
including impairment of privacy, blowing dust and /or smoke.
Mitigation for potentially significant noise impacts.
31. Prior to the issuance of building permits, if noise - sensitive uses are proposed for
construction adjacent to the KCWA pumping station, a detailed acoustical analysis
shall be performed that quantifies the noise levels produced by the pumping station
(by actual noise measurements) and takes into consideration site - specific factors
including building setbacks and the relative elevations of the equipment noise source,
sound wall and receiver. The acoustical analysis shall be the responsibility of the Project
Developer.
Mitigation for potentially significant noise impacts.
Public Health and Safety:
32. Prior to issuance of grading permits, the Project Applicant shall conduct soil
characterization and sampling of any observed stained soil within the proposed Project
site as needed to determine the presence or absence of hazardous materials. If
concentrations of materials are detected above regulatory cleanup levels during
demolition or construction activities, the following mitigation measure shall include:
• Excavation and disposal at a permitted, off -site facility;
• On -site treatment; or
• Other measures as appropriate.
Mitigation for potentially significant public health and safety impacts.
33. Prior to issuance of grading permits, the Project Applicant shall remediate all
contaminated soils to the satisfaction of the Local Unified Program Agency (the Office
of Environmental Services Bakersfield City Fire Department) in conjunction with the State
Regional Water Quality Control Board, the California Department of Toxic Substances
Control, and /or the California Department of Water Resources.
Mitigation for potentially significant public health and safety impacts.
34. Prior to issuance of grading permits, all stained concrete /asphalt pads shall be
removed and disposed of at an appropriate permitted facility. Once removed,
exposed soils shall be visually observed to confirm the presence /absence of staining
(an indication of contamination migration into the subsurface). If observed, stained
soils shall be sampled to identify appropriate remedial activities.
Mitigation for potentially significant public health and safety impacts.
35. Prior to issuance of grading permits, all sumps and stockpiled soil shall be removed from
the proposed Project site and properly disposed of at an approved facility. All sumps
and soils shall be sampled and tested for hazardous materials. The areas beneath and
around the removed materials shall be visually inspected. Any stained soils observed
underneath the removed materials shall be sampled pursuant to Mitigation Measure
5.3 -1 a.
Mitigation for potentially significant public health and safety impacts.
36. Prior to issuance of grading permits, the Project Applicant shall remove and propglyAK�9s�
dispose of the on -site debris, consisting of drums, containers, stained supplies %nd
ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 10
equipment and miscellaneous debris, at an approved landfill facility. The areas
beneath and around the removed debris shall be visually inspected. Any stained soils
observed underneath the debris shall be sampled pursuant to Mitigation Measure 5.3-
1 a.
Mitigation for potentially significant public health and safety impacts.
37. Prior to issuance of the grading permits, aboveground chemical or fuel storage tanks
(ASTs) shall be removed and properly disposed of at a licensed tank destruction facility.
Once removed, a visual inspection of the areas beneath and around the removed
ASTs shall be performed. Any stained soils observed beneath the ASTs shall be sampled.
If concentrations of materials are detected above regulatory cleanup levels during
sampling activities, the mitigation measure shall include:
• Excavation and disposal at a permitted, off -site facility;
• On -site treatment; or
• Other measures as appropriate.
Mitigation for potentially significant public health and safety impacts.
38. Prior to recordation of a Final Map, Parcel Map Waiver, or Lot Line Adjustment,
whichever occurs first, the downhole details of abandoned wells shall be reviewed by
Division of Oil, Gas and Geothermal Resource ( DOGGR) engineers. Written verification
from the s DOGGR shall be provided to indicate that the wells have been properly
abandoned or reabandoned, if necessary pursuant to current DOGGR regulations and
requirements.
Mitigation for potentially significant public health and safety impacts.
39. The existing irrigation wells currently producing water on the proposed Project site shall
be utilized to provide water for agricultural uses only and not for human consumption.
Prior to the approval of each individual tentative tract map, a note shall indicate that
the irrigation wells within that phase that will not be utilized to supply water for future
landscaping, on -going agricultural operations, or other non - consumptive purposes shall
be destroyed per California Department of Water Resources and Kern County
Environmental Health Services Department standards.
Mitigation for potentially significant public health and safety impacts.
40. Prior to commencing construction, the Project Contractor shall obtain information on
the location of underground pipelines and any information regarding safety concerns
of the pipelines. During grading activities, Pacific Gas and Electric Company (PG &E) or
any other utility company operating pipelines traversing the boundaries or within the
boundaries of the proposed Project site shall be notified of the construction activity
within the corresponding easement.
Mitigation for potentially significant public health and safety impacts.
41. If during soil removal, evidence of petroleum products appears to continue below the
ground surface, sampling shall be performed to characterize the extent of
contamination and identify appropriate remedial measures.
Mitigation for potentially significant public health and safety impacts.
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Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 11
42. If unknown wastes or suspect materials are discovered during construction by the
contractor, which he /she believes may involve hazardous waste /materials, the
contractor shall:
• Immediately stop work in the vicinity of the suspected contaminant, removing
workers and the public from the area;
• Notify the Project engineer of the implementing agency;
• Secure the areas as directed by the Project engineer; and
• Notify the implementing agency's hazardous waste /materials coordinator.
Mitigation for potentially significant public health and safety impacts.
43. If, during grading and construction, potential unknown buried hazardous materials are
found, and /or unidentified materials are discovered in the prescribed soil testing, health
and safety procedures shall be implemented immediately by the Contractor.
Procedures shall include, at a minimum, emergency medical treatment, evacuation of
the site and /or threatened area, and notification action. Notification shall be
determined by the appropriate agency which may include but not be limited to the
following agencies: Kern County Department of Environmental Health Services, City of
Bakersfield Fire Department, San Joaquin Valley Air Pollution Control District, and the
Regional Water Quality Control Board. Evacuation and determination regarding the
type of contamination encountered and best course of action would be determined
by the ranking official and any required remediation measures shall be implemented.
Work shall stop immediately if any unknown soil or other hazardous materials concerns
arise during any part of the testing, grading, and construction activities on the
proposed Project site.
Mitigation for potentially significant public health and safety impacts.
44. If any PG&E pipeline is ruptured during grading, PG&E shall be notified at (800) 743-
5000, and 911 (Kern County Emergency Services) shall be called. The Pipeline
Development Policies of the City of Bakersfield Fire Department are as follows:
• No habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover;
• No structure may be built within 40 feet of a hazardous liquids pipeline bearing
refined product, with 48 inches or more of cover;
• No habitable portion of a structure may be built within 30 feet of a crude oil
pipeline operating at 20 percent or greater of its design strength;
• Prior to or concurrently with the filing of a final map, a covenant shall be recorded
on all lots of this tract, or portion therefore, which are within 250 feet of any gas
transmission lines. The covenant shall acknowledge proximity of pipeline easement
to said property and describe the name, type and dimension of the pipeline. Prior
to recordation, the Project Applicant shall submit and obtain approval of
covenant wording with the City Attorney, City of Bakersfield Fire Department's
Office of Prevention Service, and the City engineer.
Mitigation for potentially significant public health and safety impacts.
45. If transite pipe is located on the site during construction activities, the San Joaquin
Valley Air Pollution Control District (SJVAPCD) shall be contacted for proper disposal
procedures and requirements. Transite pipe shall then be removed and properly
disposed per the SJVAPCD guidelines. kONK4
Mitigation for potentially significant public health and safety impacts. ° m
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Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 12
46. Prior to any on -site construction activities, soils shall be sampled and analyzed by a
licensed engineer or geologist, approved by the Director of Prevention Services, to
determine the level of residue for pesticides, herbicides, chemicals, and associated
metals. If residue is found to be within acceptable amounts per the Environmental
Protection Agency (EPA) and Department of Toxic Substances Control (DTSC)
standards, then grading and construction may begin. If the residue is found to be
greater than acceptable level limits, all contaminated soils exceeding the acceptable
limits shall be remediated and /or properly disposed of per DTSC requirements. An
appropriate verification closure letter from DTSC shall be obtained and submitted to
the City of Bakersfield.
Mitigation for potentially significant public health and safety impacts.
47. Prior to issuance of grading permits, any removal or relocation of transformers shall be
conducted under the purview of the local utility purveyor (i.e., Pacific Gas and Electric
Company [PG &E]) to identify proper handling procedures regarding potential
polychlorinated biphenyls (PCBs). If stained soils are observed underlying any of the
pole- mounted electrical transformers, it shall be sampled and tested for the presence
of PCBs.
Mitigation for potentially significant public health and safety impacts.
48. Prior to the issuance of grading and building permits, if necessary, PCB affected soil
shall be properly disposed per Federal, State, and local laws. Testing and disposal shall
meet the regulations of the City of Bakersfield Fire Department, Office of Prevention
Services. If such PCB soil testing and disposal are required, a verification closure letter
shall be obtained from the City of Bakersfield Fire Department Office of Prevention
Services.
Mitigation for potentially significant public health and safety impacts.
49. Pursuant to the SJVAPCD Regulation VIII - Fugitive PM 10 Prohibitions, all areas with bare
soil exposed as a result of the proposed Project's earthwork activities shall be
landscaped at the earliest time possible or stabilized by watering when winds exceed
20 miles per hour (mph) in order to reduce the potential inhalation of spores causing
Valley Fever.
Mitigation for potentially significant public health and safety impacts.
50. Prior to recordation of final tract map, the Project Developer shall construct a six-foot -
high chain -link fence, or equivalent barrier as determined by the advisory agency,
between any subdivision and the right -of way line of any irrigation canal within or
adjacent to the subdivision, within the limits of map boundary being recorded, as
specified in City of Bakersfield Subdivision and Engineering Design Manual Standard S-
10.
Mitigation for potentially significant public health and safety impacts.
Public Services and Utilities
51. With submittal of each final tract map, the proposed development shall be reviewed
by the City of Bakersfield Fire Department to ensure Department requiremen!� 1e ;"iWe,,9,
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 13
access, fire flow, hydrants, or other fire and life safety requirements are adequately
addressed.
Mitigation for potentially significant public service and utilities impacts.
52. Prior to recordation of the first final map with parcels less than 20 acres in size, the
subdivider shall provide written proof /verification from NORRPD that the proposed
Project site is /has been included within the NORPD Maintenance District. Said
verification shall be submitted to the City of Bakersfield Planning Director.
Mitigation for potentially significant public service and utilities impacts.
53. Prior to proposed Project development, the Project Applicant shall coordinate with the
City of Bakersfield Water Resources Department in regards to a will serve letter
indicating its intention to serve as the water utility for providing water service to the
proposed Project.
Mitigation for potentially significant public service and utilities impacts.
54. Prior to issuance of any building permit, the Project Applicant shall submit, for review, a
Construction and Demolition Recycling Plan to the Kern County Waste Management
Department (KCWMD). The Recycling Plan shall include a plan to separate
recyclable /reusable construction debris. The Plan shall include the method the
proposed Project Contractor will use to haul recyclable materials and shall include the
method and location of material disposal.
Mitigation for potentially significant public service and utilities impacts.
55. The Project Applicant shall comply with applicable City ordinances to waste collection
within the proposed Project site, including such ordinances which require mandatory
curbside recycling.
Mitigation for potentially significant public service and utilities impacts.
56. Prior to approval of a final map, the Project Applicant shall write a letter to PG&E, cc
Planning Department, Jennie Eng. If PG&E does not respond in a timely manner, the
condition is considered satisfied.
Mitigation for potentially significant public service and utilities impacts.
57. All new dry utility lines adjacent to the roadways shall be placed in the ultimate
location prior to Notice of Completion for each phase. In addition, public utility
easements shall be dedicated on the final tract map.
Mitigation for potentially significant public service and utilities impacts.
Traffic and Circulation:
58. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted
for review and approval to the City of Bakersfield Public Works Department for work
along Stockdale Highway that involves lane closures. Such plan shall consist of prior
notices, adequate sign posting, detours (including for pedestrians and bicyclists),
proper lighting (where appropriate), fencing and shielding, proper storage of
equipment and supplies, and covering loose piles or soil or other earthen material. The
TMP shall specify implementation timing of each plan element (prior notices,
posting, detours, etc.) as determined appropriate by the city Engineer. Adequate m
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0127
Page 14
access to and from adjacent residential areas shall be provided at all times. The TMP
shall be reviewed and approved by the City Police and Fire Departments as it applies
to emergency response or evacuation plans.
Mitigation for potentially significant traffic and circulation impacts.
59. Prior to the issuance of building permits, the Project Applicant shall participate in the
City's RTIF Program. The Project Applicant shall submit funding calculations for all
improvements associated with the RTIF Program pursuant to Tables 6 and 8 of the
proposed Project's Traffic Impact Study (McIntosh and Associates, September 2009,
[Appendix 15.4]) for approval.
Mitigation for potentially significant traffic and circulation impacts.
60. For impacted intersections subject to fair share improvements (refer to Table 6, from
September 2009 Traffic Impact Study [refer to Appendix 15.4]) and roadway segment
improvements, prior to the issuance of building permits, the Project Applicant shall
participate in the improvements required on a pro -rata, fair -share basis, as indicated
the Recommended Improvements and Table 5.5 -6.
Mitigation for potentially significant traffic and circulation impacts.
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Location Map
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