HomeMy WebLinkAboutRES NO 157-14RESOLUTION NO. 157- 14
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 ON THE NORTHWEST CORNER OF
HAGEMAN ROAD AND KNUDSEN DRIVE. (ZC NO. 14 -0101)
WHEREAS, McIntosh & Associates for Kern Land Partners, LLC, filed an application
with the City of Bakersfield Community Development Department to change the zone
district from R -1 (One Family Dwelling) to C -2 /PCD (Regional Commercial /Planned
Commercial Development) on 11.29 acres located on the northwest corner of
Hageman Road and Knudsen Drive, shown in attached Exhibit "B ", (the "Project "); and
WHEREAS, the Planning Commission recommends adoption of a Negative
Declaration with mitigation measures for the Project; and
WHEREAS, staff determined that the Program Environmental Impact Report for
GPA /ZC No. P99 -0482 in conjunction with the Negative Declaration prepared for the
Project adequately addresses the potential environmental impacts of the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, September 10, 2014 at
5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place before the City Council to consider the proposed
Negative Declaration; and
WHEREAS, 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. 21 -14 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.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of Jhp pity of Bakersfield at a regular meeting held on
SE I 0 1 by the following vote:
AYES: COUNCILMEMBERRIV R , MAXWELL, WE R SMITH, HANSON, SULLIVAN, N, JOHI�TSON
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 10 1014
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Atto ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: CG \S: \ZoneChange \yr 2014 \14 - 0101 \CC RES ENV 14- 0101.docx
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ORIGINAL
Exhibit A
Mitigation Measures from Negative Declaration
Zone Change No. 14 -0101
Air Quality and Green House Gas Mitigation Measures
1. The proposed project will have air pollutant and greenhouse gas emissions associated
with the construction and use of the project site. 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 and rules required by
the San Joaquin Valley Air Pollution Control District.
For Air Quality and GHG 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 (16 U.S.C. 703-711). The MBTA makes it unlawful to
take, possess, 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.
To avoid impacts to burrowing owl, a focused survey shall be submitted to California
Department of Fish and Wildlife (CDFW) by the Project applicant of a subdivision or site
plan review, following the survey methodology developed by the California Burrowing
Owl Consortium (CBOC, 1993). An additional pre- construction survey shall be submitted
to CDFW per the MBHCP guidelines. A copy of these surveys shall also be submitted to the
City of Bakersfield, Planning Division. If any ground disturbing activities will occur during
the burrowing owl nesting season (approximately February 1 through August 31), and
potential burrowing owl burrows are present within the Project footprint, implementation
of avoidance measures are warranted. In the event that burrowing owls are found, the
applicant must follow CDFW protocol for mitigation and comply with the provisions of the
Migratory Bird Treaty Act of 1918 (16 U.S.C. 703-711). If the Project applicant proposes to
evict burrowing owls that may be present, the CDFW recommends passive relocation
during the non - breeding season.
For Impacts to Biological Resources.
3. Prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be
conducted by a qualified wildlife biologist no more than 10 days prior to the start of the of
the Project commencing and that the surveys be conducted in a sufficient area around
the work site to identify any nests that are present and to determine their status. A
sufficient area means any nest within an area that could potentially be affected by the
Project. In addition to direct impacts, such as nest destruction, nests might be affected
by noise, vibration, odors, and movement of workers or equipment. If the Project
applicant identifies active nests, the CDFW shall be notified and recommended protocols
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning
Division.
For Impacts to Biological Resources.
4. 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 on August 24, 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees prior to the
August 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 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 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.
For Impacts to Biological Resources.
Cultural Impact Mitigation Measures
5. 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.
For Impacts to Cultural Resources.
6. 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 or qualified
archaeologist. 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 dates) of training activities, the
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
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.
For Impacts to Cultural Resources.
Noise impact Mitigation Measures from Negative Declaration adopted for General Plan
Amendment P00 -0810
7. Prior to Final Development Plan approval, a subsequent noise analysis shall be prepared,
to the satisfaction of the City Engineer, which demonstrates that site placement of
stationary noise sources associated with future commercial uses would not exceed
criteria established in Chapter 9.22 of the City of Bakersfield Municipal Code, for adjacent
residences. To demonstrate commercial noise source impacts are below the City's
standards, the project applicant may need to include project design features such as
setbacks, barriers, building location /orientation, acoustical design of buildings, etc.
For Noise Impacts.
MITIGATION MEASURES FROM PROGRAM EIR FOR GPA /ZC NO. P99 -0482 (SCH #99081078):
AESTHETICS /LIGHT AND GLARE
8. Construction equipment staging areas shall be located away from existing residential uses
and appropriate screening (i.e., temporary fencing with opaque material), shall be used to
buffer views of construction equipment and material, when feasible. Staging location shall
be indicated on project Final Development Plans and Grading Plans.
AIR QUALITY
Prior to the approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield
Planning Department from the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) stating the dust suppression measures that shall be completed during
construction activities in order to comply with SJVUAPCD Regulation VIII. At a minimum,
these measures shall include: the replacement of ground cover in disturbed areas quickly;
proper maintenance of construction equipment; watering of haul roads two times per day;
reduced speeds on unpaved roads of 15 miles per hour or less; and the use of low volatile
organic compound asphalt.
10. Prior to the approval of a grading plan for any residential tract, multiple family project, and
commercial project, the project applicant shall submit a letter to the City of Bakersfield
Planning Department from the SJVUAPCD stating the measures that shall be completed
during asphalt paving in order to comply with SJVUAPCD Rule 4641.
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
11. The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture specifications.
12. The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
13. The project applicant shall incorporate the following in building plans:
a. Solar or low emission water heater shall be used;
b. Central water heating systems shall be used;
c. Double panned glass shall be used in all windows; and
d. Energy efficient low sodium lighting in parking areas shall be used.
GEOLOGY AND SOILS
14. Engineering design for all structures shall consider the probability that the project area will be
subjected to strong ground motion during the lifetime of the proposed developments.
Construction plans shall be subject to the City of Bakersfield Municipal Code and shall call for
standards which address horizontal bedrock accelerations of at least 0.24 gravity.
15. In compliance with the Kern County California Soil Survey, a community sewerage system
shall be designed and implemented to the satisfaction of the City of Bakersfield Engineering
Department.
HUMAN HEALTH /RISK OF UPSET
16. Prior to issuance of any grading permit, the project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues which may be present within
the project site. Should contaminant levels be in excess of acceptable Federal, State and /or
County levels, the project applicant shall identify and implement remedial action, subject to
approval by the City of Bakersfield and responsible regulatory agencies to reduce
contaminants to acceptable levels.
17. Pursuant to the Division of Oil, Gas, and Geothermal Resources (Division), active wells which
would remain upon project completion and associated equipment within the project area
shall be enclosed by an eight foot block wall. Appropriate gates shall be installed and
climbable landscaping around the perimeter of the facility shall be avoided. The inside
grade of the facility shall be constructed so that potential spillage will be confined to the
enclosure. Improvements are the responsibility of the project applicant /developer.
18. Sufficient access to the existing and abandoned wells shall be maintained in order for the
Division of Oil, Gas, and Geothermal Resources (Division) to investigate the conditions of the
wellheads and check for leakage. If any re- abandonments are required, the Division shall
furnish necessary specifications to the property owner.
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
19. If any abandoned or unrecorded wells are uncovered, or damaged during excavation or
grading activities, remedial plugging operations pursuant to Division of Oil, Gas, and
Geothermal Resources requirements would be required.
20. Prior to issuance of building permits, any discovered oil contaminated soil shall be
remediated 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 (RWQCB) and /or California Department of Toxic
Substances Control (DTSC).
21. Prior to issuance of grading permits, the project applicant shall provide sufficient evidence
that the existing groundwater wall has been properly closed pursuant to the RWQCB
requirements.
22. All areas with bare soil exposed as a result of grading activities shall be landscaped at the
earliest time possible or stabilized by watering when winds exceed 25 miles per hour in order
to reduce the potential inhalation of spores causing Valley Fever.
NOISE
23. To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed residential
locations situated adjacent to collector and arterial roadways, the project applicant shall
incorporate sound barriers, along cited roadways (Knudsen Drive, Hageman Road). Since lot
design and grading plans are not yet available, the exact height and location of barriers
cannot be accurately determined at this time. Therefore, prior to Final Development Plan
approval, the project applicant shall prepare an acoustical analysis to the satisfaction of the
City Engineer, which provides location and heights of future sound barriers.
24. Prior to Final Development Plan approval, a subsequent noise analysis shall be prepared, to
the satisfaction of the City Building Director, which demonstrates that site placement of
stationary noise sources associated with future commercial uses would not exceed criteria
established in Chapter 9.22 of the City of Bakersfield Municipal Code, for adjacent
residences. To demonstrate commercial noise source impacts are below the City's
standards, the project applicant may need to include project design features such as
setbacks, barriers, building location /orientation, acoustical design of buildings, etc.
TRAFFIC AND CIRCULATION
25. Traffic signing /striping within the project boundaries shall be implemented in conjunction with
detailed construction plans for the project.
26. Sight distance at each intersection shall be reviewed with respect to Caltrans /City of
Bakersfield sight distance standards at the time of preparation of final grading, landscape
and street improvement plans.
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Mitigation Measures
ZC No. 14 -0101
27. The project shall participate through payment of fees in the phased construction of off -site
roadway improvements and traffic signals for the Year 2020 follows:
a. Olive Drive
Knudsen Drive to Roberts Lane - Six lanes divided
b. Hageman Road
West of Patton Way to Mohawk Street - Six lanes divided
Mohawk Street to SR 204 Freeway - Four lanes divided
c. Rosedale Highway (SR 58)
West of Patton Way to Mohawk Street - Six lanes divided
Mohawk Street to east of Oak Street - Eight lanes divided
d. Fruitvale Avenue
Hageman Road to Rosedale Highway (SR 58) - Four lanes divided
e. Mohawk Street
Hageman Road to Rosedale Highway (SR 58) - Four lanes divided
South of Rosedale Highway (SR 58) - Six lanes divided
f. Landco Road
Olive Drive to Hageman Road - Four lanes divided
Hageman Road to Rosedale Highway (SR 58) - Four lanes undivided
g. Gibson Street
Gilmore Avenue to Rosedale Highway (SR 58) -Two lanes divided
h. Buck Owens Boulevard
SR 204 Freeway to Rio Mirada Drive - Six lanes divided
28. The traffic signals required within the study area at buildout shall specifically include an
interconnect of the signals to function in a coordinated system.
29. The project shall contribute on a pro -rata basis to the construction of ultimate intersection
lane requirements for Year 2020 as follows:
a. Patton Way (NS) at: Olive Drive (EW) - Traffic signal
b. Hageman Road (EW)
• Traffic signal
• Eastbound left turn lane
• Eastbound through lane
• Westbound through lane
c. Rosedale Highway B SR 58 (EW) - Traffic Signal
d. Fruitvale Avenue (NS) at: Olive Drive (EW) - Northbound right turn overlap
e. Hageman Road (EW)
• Northbound left turn lane
• Northbound through lane
• Northbound right turn overlap
• Southbound left turn lane
• Southbound right turn overlap
• Eastbound dual through lane
• Westbound through lane
f. Krebs Road (EW)
• Traffic signal
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
• Northbound through lane
• Southbound through lane
g. Downing Avenue (EW)
• Traffic signal
• Northbound through lane
• Southbound through lane
h. Rosedale Highway B SR 58 (EW)
• Southbound left turn lane
• Eastbound through lane
• Westbound through lane
i. Mohawk Street (NS) at Rosedale Highway B SR 58 (EW)
• Traffic signal
• Northbound dual left turn lane
• Northbound dual through lanes
• Northbound right turn lane with overlap
• Southbound dual left turn lanes
• Southbound dual through lanes
• Southbound right turn lanes with overlap
• Eastbound left turn lane
• Eastbound dual through lanes
• Eastbound right turn overlap
• Westbound left turn lanes
• Westbound dual through lanes
• Westbound right turn overlap
j. Landco Road (NS) at Rosedale Highway B SR 58 (EW)
• Southbound left turn lane
• Eastbound left turn lane
• Eastbound dual through lanes
• Westbound dual through lanes
k. Knudsen Drive (NS) at Norris Road (EW)
• Traffic signal
• Northbound shared left turn lane
I. Knudsen Drive (NS) at Olive Drive (EW)
• Northbound left turn lane
• Northbound right turn overlap
• Southbound left turn lane
• Eastbound through lane
• Westbound left turn lane
• Westbound through lane
m. Gibson Street (NS) at Rosedale Highway B SR 58 (EW)
• Northbound left turn lane
• Southbound left turn lane
• Eastbound left turn lane
• Eastbound dual through lanes
• Westbound dual through lanes
n. SR 99 Freeway SB Ramps (NS) at Olive Drive (EW)
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EXHIBIT A
Mitigation Measures
ZC No. 14 -0101
• Traffic signal
• Eastbound through lane
• Westbound through lane
o. State Road (NS) at Olive Drive (EW)
• Eastbound through lane
• Westbound through lane
p. Roberts Lane (NS) at Olive Drive (EW)
• Northbound left turn lane
• Southbound right turn lane with right turn overlap
• Eastbound left turn lane
• Eastbound right turn overlap
q. Buck Owens Boulevard (NS) at Rio Mirada Drive (EW) - Traffic signal
r. Buck Owens Boulevard (NS) at SR 99 Freeway NB Ramps (EW)
• Northbound right turn lane
• Southbound right turn lane
• Eastbound left turn lane
• Eastbound right turn lane
• Westbound left turn lane
s. Buck Owens Boulevard (NS) at Rosedale Highway B SR 58 (EW)
• Southbound free right turn lane
• Eastbound through lane
• Westbound through lane
• Westbound free right turn lane
30. The project shall contribute to off -site improvements in accordance with the Capital
Improvement Plan and establishment of transportation impact fees for the Metropolitan
Bakersfield 2010 General Plan Area (Kern County Resolution 92 -196 and 92 -195).
31. The off -site roadway system shall be improved to roadway classifications as shown on the
Metropolitan Bakersfield 2010 General Plan Circulation Element. The implementation of off -
site improvements shall be determined as future entitlements are granted for development in
and around the project area.
32. The developer shall be required to pay his proportionate share of all the year 2020 mitigation
measures as specified in sections 5.9 2a through 5.9 2c of the DEIR. A fee schedule shall be
prepared by the developer with a requirement for approval prior to recordation of a
subdivision map or final occupancy of any commercial development with fees being paid at
time of building permit on a per unit basis.
33. The traffic impact fee schedule shall also include computation of fees for those facilities on
the RTIF list which are not included in the improvements specifically listed for Year 2020. These
additional facilities shall include all facilities on the RTIF list within the influence area of the
project which is generally the area bounded by Coffee Road, Norris Road, Roberts Lane,
Freeway 99 and Rosedale Highway. The additional facilities include, but are not limited to,
the following:
a. Olive Drive from Knudsen Drive to Coffee Road
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ZC No. 14 -0101
b. Mohawk Street from California Avenue to Rosedale Highway
c. Mohawk Street Bridge over the Kern River
34. Various other signals, bridges, culverts and improvements within the study area which are on
the RTIF list.
35. Within 60 days of the action of the City Council, submit easement documents for Hageman
Road and Knudsen Drive for recordation.
36. At the time of development or division, traffic signal interconnect conduit may be required to
be installed in collector or arterial streets.
SERVICES AND UTILITIES
37. An approved water supply system capable of supplying required fire flow for fire protection
purposes shall be provided to all premises upon which buildings or portions of buildings are
constructed. The establishment of gallons per minute requirements for fire flow shall be
based on the A Guide for Determination of Required Fire Flow@ published by the Insurance
Service Office.
38. Fire hydrants shall be located and installed per Fire Department standards and approved by
the Fire Chief. On site fire hydrants shall be provided when any portion of the building
protected is in excess of 150 feet from a water supply on a public street, or as required by the
Fire Chief.
39. In accordance with A.B. 2926, the developer shall pay development fees levied in
accordance with Education Code Section 17620 and Government Code Sections 65995,
65995.5 and 65995.7.
40. In compliance with the Quimby Act, the developer shall either dedicate land and develop a
park(s), or pay in lieu fees pursuant to Bakersfield Municipal Code 15.80 which requires
developers of new residential uses to provide 2.5 acres of land per population projections of
1000, based on fair market value. Accordingly, project implementation would create a
demand for approximately eight acres of neighborhood park land.
41. The project developer shall pay the appropriate connection fee to the North of River Sanitary
District No. 1. All new wastewater facilities shall be located within public rights of way or utility
easements.
42. Wastewater system design and all public mains, meters, and appurtenances shall be
installed and constructed in compliance with the applicable standards, specifications,
policies, and regulations of the North of River Sanitary District No. 1.
43. Development of wastewater facilities off site, if necessary, shall be subject to further
environmental review to ensure that significant environmental effects, if any, are mitigated
on a site specific basis.
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44. The developer shall pay the appropriate connection fee to the California Water Service
Company. All new water facilities shall be installed within public rights of way or utility
easements.
45. Water system design and all public water mains, meters, and appurtenances shall be
installed and constructed in compliance with the applicable standards, specifications,
policies, and regulations of the California Water Service Company.
46. Prior to the issuance of occupancy permits, the developer shall install low water use fixtures,
plumbing fixtures and appliances, to the satisfaction of the California Water Service
Company. These fixtures /appliances may include the following:
Interior:
a. Supply line pressure: Reduce water pressure greater than 50 pounds per square inch (psi)
to 50 psi or less by means of a pressure reducing valve;
b. Drinking fountains: Equip drinking fountains with self - closing valves; and
c. Ultra low flush toilets: Install 1.6 gallon per flush toilets in all new construction.
Exterior:
d. Landscape with low water consuming plants wherever feasible;
e. Minimize use of lawn by limiting it to lawn dependent uses;
f. Group plants of similar water use to reduce over irrigation of low water using plants;
g. Use mulch extensively in all landscaped areas (mulch applied on top of soil will improve
the water holding capacity of the soil by reducing evaporation and soil compaction);
h. Preserve and protect existing trees and shrubs (established plants are often adapted to
low water using conditions and their use saves water needed to establish replacement
vegetation);
i. Install efficient irrigation systems which minimize runoff and evaporation and maximize the
water which will reach the plant roots (drip irrigation, soil moisture sensors, and automatic
irrigation systems are a few methods to consider in increasing irrigation efficiency and
may be feasible for individual development projects; and
j. Use pervious paving material whenever feasible to reduce surface water runoff.
47. Development of water facilities off site, if necessary, shall be subject to further environmental
review to ensure that significant environmental effects, if any, are mitigated on a site specific
basis.
48. The proposed project shall incorporate design features
recyclables pursuant to federal, state, and local statutes
Chapter 8.32) and regulations related to solid waste.
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