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HomeMy WebLinkAboutRES NO 134-16RESOLUTION NO. 1 34-16 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 ALONG THE NORTH SIDE OF THE CROSS VALLEY CANAL, SOUTH OF STOCKDALE HIGHWAY AND WEST OF THE FUTURE HEATH ROAD. (GPA/ZC NO. 16- 0101). WHEREAS, Bolthouse Properties, applicant and property owner, filed an application with the City of Bakersfield Community Development Department requesting on amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R -MP (Resource - Mineral and Petroleum) to LR (Low Density Residential) and to change the zone district from DI (Drilling Island) to R -1 (One Family Dwelling) on 8.63 acres located along the north side of the Cross Valley Canal, south of Stockdale Hwy and west of the future Heath Road (the "Project "); and WHEREAS, the Planning Commission recommended adoption of a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, July 20, 2016 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. 27 -16 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 8, both of which are incorporated herein. 0 0AKF9? Page 1 of 2 u o anIpINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council O�UL th ?201City of Bakersfield at a regular meeting held on 2 6 , by the following vote: ✓ ✓ ✓ ✓ D COUNCILMEMBER: RN@W1V¢ z ✓ NOES: COUNCILMEMBER: U, , , , , UVAN , PAR✓ UER ASSTAM COUNCILMEMBER: SENT COUNCRMEMBER: S R BERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROV*HARVEL JUL 2 0 2016 ,11 all 4k MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ay By: ANDREW HEGLUN Deputy City Attorney Exhibits: A Mitigation Measures B Location Map S: \GPAS \GPA 3d 2016 \16-0101 \Rm & Ord\CC Env Res 160101.dom Page 2 of 2 oFgAKF9N F m V U ORIn INAI. ExhibM A MMIgaMon Measures �gAKf9 o T r m U O ORIGINAL Exhibti A Mitigation Measures General Plan Amendment/Zone Change No. 16.0101 Blaloolcd Impact MBlaatlon Measures Prior to ground disturbance, the developer shall have a California Department of Fish & Wildlife (CDFW) approved qualified wildlife biologist ( "biologist') survey the location for species covered under the Metropolitan Bakersfield Habitat Conservation Plan incidental take permit for urban development (Tipton kangaroo rat, Son Joaquin kit fox, San Joaquin antelope squirrel, & Bakersfield cactus) and comply with the mitigation measures of the permit. Survey protocol shall be that recommended by the California Department of Fish and wildlife. Developer shall be subject to additional mitigation measures recommended by the qualified biologist. A copy of the survey shall be provided to the Community Development Department and wildlife agencies no more than 30 days prior to ground disturbance. The current MBHCP urban development incidental take permit expires on September 1. 2019. Projects may be issued an urban development permit, grading plan approval, or building permff and pay fees prior to the September expiration date. 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 incidental take permit. 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 incidental take permit. 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 Department of Fish and Wildlife. 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. 211. Sections 3503.3503.5. and 3800 of the California Department of Fish and Game 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 I - 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. a. To avoid impacts to burrowing owl, prior to ground disturbance, a focused survey shall be submitted to California Department of Fish and WlkSfe (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). A copy of the survey shall also be submitted to the City of Bakersfield, Planning Division. b. If the survey results the presence of burrowing owl nests, prior to grading; including staging, clearing, and grubbing, surveys for active nests shall be conducted by a qualified wildlife biologist no more than 30 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 detemine thew 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 for mitigation shall be followed and a copy submitted to City of Bakersfield, Planning Division. c. 8 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 burrowingpmt, o sT Page 1 of 15 o ORIGINAI. Mitigation Measures GPA /ZC 16-0101 Page 2 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. Cultural Impact Mitaation Measures 3. 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 True 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 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. Gremhouse Gas Mitiaation Measuros 4. Prior to recordation of each residential subdivision or prior to approval of each Site Plan Review for commerdalMdushial uses within the project area, the project proponent shall submit to the Planning Director a focused Greenhouse Gas (GHG) Emissions Report, prepared by a qualified consultant. The report shall include the following and any additional Information required by the Planning Director. a. An explanation that the project will comply with all current state and local applicable GHG emission control and reduction regulations, as they are adopted or amended over time. b. A signed statement by the project applicant that the project will construct and operate the project in accordance with factors/mitigation measures utilized in the calculation of CO2e (GHG) emissions and reductions as shown in the air quality study prepared for the project. c. Identification of the measures that the project will implement to reduce operational CO20 emissions by 29 percent over BAU: which would be the project's proportionate share of (insert tons /year needed) tons per the above - referenced Air Study. Reduction of 29 percent over BAU CO2e (GHG) emissions is the current threshold adopted by SJVAPPD. These measures may include, but are not limited to: implementation of specific Best Performance Standards for GHG reduction, acquisition of offset credits, inclusion in an Emission Reduction Agreement approved by the San Joaquin Valley Air Pollution Control District (SJVAPCD), or other approved GHG reduction strategies. d. A copy of the ISR application submitted to the SJVAPCD listing the mitigation measures utilized to reduce the GHG emissions for the project. Any rrtitigation program reduction of GHG adopted by the SJVAPCD or the City of Bakersfield that can be implemented for the specific project site may be utilized as a replacement for the requirements of this mitigation measure, if it provides equal or more effective mitigation than this mitigation measure. Page 2 of 15 o``eAKF9N F R� U p ORIGINAL Mitigation Measures GPA /ZC 16 -0101 Page 3 Mitigation Measures from Environmental Impact Report Stockdole Ranch • General Plan Amendment/Zone Change No. 09 -0263: Aesthetics 5. With submittal of a grading plan for each development phase. the Project Applicant shall provide the location of on -site temporary construction equipment staging areas within the proposed Project site. Appropriate screening (e.g.. temporary opaque fencing [six feet in height)) shall be used to buffer views of construction equipment materials, where feasible. Staging locations shall be indicated on final grading plans and be reviewed and approved by the City Planning Department. All construction activities shall be consistent will the Bakersfield Municipal Code requirements and conditions of approval. Mitigation for potentially significant aesthetics (light and glare) impacts. 6. With submittal of a grading permit application, the Project Applicant shall provide a construction safety lighting plan. All lighting would be located and aimed away from adjacent residential areas and roadways and would consist of minimal wattage necessary to provide safety to the construction site. AN construction lighting shall be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Mitigation for potentially significant aesthetics (fight and glare) impacts. 7. With submittal of a site plan for commercial areas and consistent with the City's design review by the Planning Director, oil pubic signage throughout the proposed Project shall be designed to have consistency in fixture type, lettering, colors, symbols, and logos. Mitigation for potentially significant aesthetics Ight and glare) impacts. 8. With submittal of a tentative tract map and consistent with the City's design review by the Planning Director, the Project Applicant shall verity that all landscaping, both commercial frontage and street landscaping, are in accordance with the Metropolitan Bakersfield General Plan and Bakersfield Municipal Code. This should follow City requirements per Chapter 17.61 of the Zoning Code. Mitigation for potentially significant aesthetics (fight and glare) impacts. 9. During the installation of fighting standards the Project Applicant shall ensure that any exterior fighting does not spill over onto the adjacent uses. All exterior light Fixtures, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the Bakersfield Municipal Code and Zoning Code. Mitigation for potentially signifcant aesthetics (light and glare) impacts. Aaricultural Resources 10. 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 -tonne basis, by selecting one or more of the items described below. Net acreage h 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 applicants 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. 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. of 0 KF9N Page 3 of 15 ° 6 ORIGINAL Mitigation Measures GPA /ZC 16 -0101 Page 4 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 mifigation 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 some time described above in the first paragraph. Agricultural land used far 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 Jooquln Valley with written evidence that the same or equivalent crop scan be produced on the mifigaton land. Mitigation for potentially significant agricultural impacts. 11. 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 al lots within 3DD feet of agricultural uses. The covenant shall provide notice that each resident is moving Into on area located close to agricultural lands or witNn 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 on agricultural operation, which is in conformance with existing laws and regulations and locally accepted customs and standards. Mitigation for potentially significant agricultural impacts. Air Quality 12. The Project Applicant shall adhere to the terms of the 2DD6 Voluntary Emissions Reductions Agreement with the San Joaquin Valley Air Pollution Control District to reduce ROG, NOx, and PM10 impacts to zero. Mitigation for potentially significant as quality Impacts. 13. Prior to grading plan approval, the Project Applicant shah submit documentation to the City of Bakersfield Planning Department that they will /have met all air quality control measures required by the SJVAPCD. Mitigation for potentially significant air quality impacts. o``ePxF9N U O Page 4 of 15 ORIGINAL Mitigation Measures GPA /ZC 16-DI01 Page 5 14. The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions Reductions Agreement, which Includes reduction measures that will reduce Greenhouse Gas Emissions. Mitigation for potentially, significant air quality impacts. Biological Resources 15. During grading and construction, the Project Contractor shag ensure oil 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. 16. 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 2019, then during the time when no applicable MBHCP is in place, the Project Applicant shall comply with such mitigation measures as shill be required by the U.S. Fish and Widife Service (USFWS) and the California Department of Fish and Game (CDFG) 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 the Son Joaquin kit fox, which is approved by the applicable regulatory oversight agency (i.e., USFWS or CDFG). b. Contribute the appropriate funding to an organization, which is approved by the appropriate regulatory oversight agency (i.e.. USFWS, CDFG), that provides for the preservation of off -site San Joaquin kit fox habitat. 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. CDFG) guidelines, including obtaining the required permits, to enable the relocotion of any San Joaquin kit fox identified on -site. d. During the Re 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 San Joaquin kit fox habitat impacts. Prior to participation in the alternate program, the Project Applicant shall obtain written approval from the appropriate regulatory oversight agency (i.e.. USFWS, CDFG) agreeing to the participation, and the Project Applicant shill submit 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 San Joaquin kit fox habitat land within Kern County. Mitigation for potentially significant biological impacts. 17. Replaced by updated mif'igation measure No. 1. 18. 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 shag be submitted to the City of Bakersfield Planning Department. Any evidence, such as dens, observed at any time during construction, shag be promptly reported to the reviewing agencies for resolution. Mitigation for potentially significant biological impacts. 19. 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 6,9 be inspected twice daily in the morning and evening and prior to burial or closure, to ensure no kR pxes T m v i Page 5 of 15 ORIGINAL Mitigation Measures GPA /2C 16.0101 Page or other wildlife become entrapped or burred in pipes. Mitigation for potentially significant biological impacts. 20. Prior to the commencement of grading activities. the Project Applicant shall retain a qualified biologist to verity the presence or absence of any previously unidentified protected species, which are not addressed in the MBHCP. If encountered, the USFWS and CDFG shall be notified of previously unreported protected species. Any take of protected wildlife shall be reported immediately to the CDFG and USFWS. No activities shall occur until Incidental Take authorization has been obtained from the CDFG and USFWS. Mitigation for potentially significant biological impacts. 21. Seven days prior to the onset of construction activities during the raptor nesting season (February 1 to June 301, 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 CDFG. 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 it the biologist determines that the proposed activity will not disturb the nest occupants. Contraction 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 VAN 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. 22. Replaced by updated mitigation measure No. 2. 23. Prior to initial ground disturbance, it is recommended that a "tailgate" session relative to all environmental Federal, State, and local laws for all construction personnel be conducted by a qualified biologist. Mitigation for potentially significant biological impacts. 24. Any evidence, such as burrows or potential raptor nests, observed at any time during construction, shall be promptly reported to the reviewing agencies far resolution. Mitigation for potentially significant biological impacts. 25. 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 right spill over and glare mitigation measures. Mitigation for potentially significant biological impacts. Cultural Resource 26. Replaced by updated mitigation measure No. 3. 27. If human remains are discovered as a result of the proposed Project during development, all activity shall cease immediately, the Project Devebper /Contractor shall notify the Kern County Coroner's Office Immediately under state law, and a qualified archaeologist and Native American monitor shallAYF9s ti m Page 6 of 15 ° ORIrmIAL Mitigation Measures GPA /ZC 16-0101 Page 7 contacted. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code §5097.98. Mitigation for potentially significant cultural impacts. 28. If, during grading, paleontological resources are discovered, the Project Developer /Contractor shah stop all work and a qualified paleontologist shall be retained to evaluate the significance of the finding and the appropriate course of action. The qualified paleontologist shall then be retained to examine earthwork spoils generated from construction activities. Mitigation for potentially significant cultural impacts. Geoloak and Seismic Hazards 29. Prior to issuance of grading permits, a Stone Water Pollution Prevention Plan (SWPPP), which includes erosion control measures in order to comply with the National Pollution 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 soh stabilizers. Mitigation for potentially significant Geologic and Seismic Hazards. 30. 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 shah 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 deign. Mitigation for potentially significant Geologic and Seismic Hazards. Hvdroloov and Water Quality 31. 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 Ilrnited to the following requirements: a. Future on -site roadways shall be designed to accommodate adequate Bow capacity; b. Appropriate minimum storm Wain pipe size diameter shall be specified by the City Engineer, and c. Storm Wain flow velocity limitations shall be specified by the City Engineer. 32. Prior to approval of individual development projects by the Director of Public Works or his /her designee, the Project Applicant shall confine that the proposed Project plans stipulate that prior to Issuance of any grading permits, the Project Applicant shah file a Notice of Intent [N01) and pay the appropriate fees, pursuant to the NPDES program. Mitigation for potentially significant hydrology impacts. 33. Prior to grading plan approval, the Project Contactors shah 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 (NPDESj statewide General Storm water Permit for Construction Activities. Mitigation for potentially significant hydrology impacts. 34. Prior to tract recordation, the Project Applicant of future projects shall prevent any off-site impacts during the construction phase. Erosion control measures and temporary basins for de- shtation and detention shall be in place, as approved by the Director of Public Works. The basins and erosion control measures shall be shown and specked on the grading plans and shah be constructed to the sotisfoctl�&y KF9 sT Page 7 of 15 o ORIGINAL Mitigation Measures GPA /ZC 16 -0101 Page 8 of the Director of Public Works prior to the start of any other grading operations. Mitigation for potentloity significant hydrology impacts. Mineral Resources 35. 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 recordation of final maps. Mitigation for potentially significant mineral resource impacts. 36. Abandoned oil wells shat 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. 37. Prior to tract recordation, DOGGR shat 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. 38. Prior to tract recordation, the on -site abandoned oil well, KCLG If 1, shall be examined for contaminated soils. If such soils exist, the soil will be treated in place with best available technology, or capped in place. Mitigation for potentially significant mineral resource impacts. Norse 39. Prior to issuance of grading permits, 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. 40. 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. 41. Prior to approval of the proposed Project plans and specifications by the City Building Department, the Project Contractor shall Incorporate feasible muli ing 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. 42. 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 for away as practical from noise sensitive receptors during construction activities. Mitigation for potentially significant noise impacts. 43. At the earliest of the following, (t) January I, 2025, or (ff) 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 IocaWE9 o`` r Page 8 of 15 6 ORIGINAL Mitigation Measures GPA /2C 16-0101 Page 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 9 such homes are not protected by on effective sound wall. Construction or replacement of sound walls shall be implemented to achieve on 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 raise 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 stall 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. 44. 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 Stockdae Highway. ff 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 wails 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. Mitigation for potentially significant noise impacts. 45. 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 within the Project site along Wegis Avenue. Should sound walls not be feasible or reasonable for Wegis Avenue (a collector roadway) within the Project site, then appropriate Interior noise reduction measures shall be used for impacted receptors within the Project site along Wegis Avenue to achieve compliance with the City's 45 dB CNEL interior noise level standard. Such measures may include providing air conditions or mechanical ventilation systems so that windows and doors may remain closed for noise reduction purposes. Mitigation for potentially significant noise impacts. 46. As a condition of approval, when sites specific commercial uses are proposed that have the potential to cause significant noise impacts due to the nature of the business or the hours of operation, an acoustical analysis shall be conducted to the satisfaction of the City Planning Department that quantities proposed Project - related noise levels and recommends mffigotion measures to achieve compliance with the City's noise standards for stationary noise sources (refer to Table 5.6-2, in OR). Mitigation for potentially significant noise impacts. 47. In order to protect KCWA's full use and operations of their existing facilities, as pan 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 recorded deed notices or real estate disclosure statements as part of any transfer of properties within the proposed Project site: Page 9 of 15 gAKF9 o`r', m ORIGINAL Mitigation Measures GPA /ZC 16 -0101 Page 10 Your red 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 may include, but shall not be limited to noise, aesthetic impairments including impairment of privacy, blowing dust and /or smoke, vectors and vector control due to standing water, and fluctuations in groundwater levels that may result in damage to siormwater disposal facilities, swimming pools and other surface and subsurface structures. Mitigation for potentially significant noise impacts. 48. Prior to the issuance of building permits, if noise- sensifive uses are proposed for construction adjacent to the KCWA pumping station or groundwater banking facilities that include similar pump or well infrastructure, a detailed acoustical analysis shall be performed that quonfifies the noise levels produced by the pumping station joy 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 49. 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 ore detected above regulatory cleanup levels during demolition or construction activities, the following mitigation measure shall include: a. Excavation and disposal at a permitted, off-site facility; b. On -site treatment; or c. Other measures as appropriate. 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 Calfomlo Department of Toxic Substances Control, and /or the California Department of Water Resources. Mitigation for potentially significant public health and safety impacts. 50. Prior to issuance of grading permits, all stained concrete /asphalt pods shad 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. 51. Prior to issuance of grading permits, ON 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 5.8.1 a. Mitigation for potentially significant public health and safety impacts. 52. Prior to issuance of grading permits, the Project Applicant shall remove and properly dispose of the on- site debris, consisting of drums, containers, stained supplies and equipment and miscellaneous debris, at on approved landfill facility. The areas beneath and around the removed debris shall be visually inspected. Any stained soils observed underneath the debris shad be sampled pursuant to Mifigatiop4KF Measure 5.8-1 a. Mitigation for potentially significant public health and safety impacts, of 9s T m Page 10 of 15 An,aiNAL Mitigation Measures GPA /ZC 16-0101 Page 1 I 53. 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: a. Excavation and disposal at a permitted, off -site facility; b. On -site treatment: or c. Other measures as appropriate. Mitigation for potentially significant public health and safety impacts. 54. Prior to recordation of a Fnal Map, Parcel Map Waiver, or Lot Une Adjustment, whichever occurs first, the downhole details of abandoned wells shall be reviewed by DOGGR engineers. Written verification from the DOGGR shall be provided to indicate that the wells have been properly abandoned or re- abandoned, if necessary pursuant to current DOGGR regulations and requirements. Mitigation for potentially significant public health and safety impacts. 55. All future drilling, production, and construction activities shall also be subject to the following fire and safety regulations required by the City of Bakersfield Fire Department: a. No structures shall be built within 100 feet of any oil well unless the well has been property abandoned per Uniform Fire Code 7904.3.2.3. Miltgofion for potentially significant public health and safety impacts. b. Prior to the Issuance of a building permit for structures located within IDD feet of an oil well, the Project Applicant shall provide a letter of certification from the DOGGR to the City of Bakersfield Fire Department. Office of Prevention Services indicating that previously abandoned wells have been re- abandoned to current DOGGR standards. Mitigation for potentially significant public health and safety impacts. c. Prior to issuance of a building permit, the location of any well is to be surveyed, located, and marked by a licensed civil engineer or land surveyor. A map shall be furnished to the City of Bakersfield Fire Department, Office of Prevention Services showing the location and measurements of any well in relation to any existing and proposed strictures per Bakersfield Municipal Code 15.66.080 B. Mitigation for potentially significant public health and safety impacts d. The Project Applicant shall notify the property owner of the structure (residence) of the existing abandoned a7 well on their lot through the deed or other legal documents per Bakersfield Municipal Code 15.66.080 B. Mifigofion for potentially significant public health and safety impacts. 56. The existing irrigation wells currently producing water on the proposed Project site shall not be utilized to provide wafer for human consumption. Prior to the approval of each individual tentative tract map, the irrigation wells within that phase that will not be utfirzed to supply wafer for future landscaping, on -going agricultural operations, or other non-consumptive purposes shall be destroyed per California Deportment of Wafer Resources and Kem County Environmental Health Services Department standards. Mitigation for potenffolty significant public health and safety impacts. 57. Prior to issuance of a grading permit, 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. Page I l of 15 o`` g AKF9� m v p ORIGINAL Mitgation Measures GPA /ZC 16-0101 Page 12 58. 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. 59. 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: a. Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; b. Notify the Project engineer of the implementing agency; c. Secure the areas as directed by the Project engineer; and d. Notify the implementing agency's hazardous waste /materials coordinator. Mitigation for potentially significant public health and safety impacts. 60. 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. 61. If any PG &E pipeline is ruptured during grading, PG &E shall be notified at (8001743-5000, and 911 (Kem County Emergency Services) shall be called. The Pipeline Development Policies of the City of Bakersfield Fire Department are as follows: a. 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; Mitigation for potentially significant public health and safety impacts. b. No structure may be built within 40 feet of a hazardous liquids pipeline bearing refined product with 48 inches or more of cover, Mitigation for potentially significant public health and safety Impacts. c. No habitable portion of a structure may be built within 30 feet of a crude all pipeline operating at 20 percent or greater of its design strength; Mitigation for potentially significant public health and safety impacts. d. 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 dmemion 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. 61 If transite pipe is located on the site during construction activities, the San Joaquin Valley Air Pollution Control District (SJVAPCD) shag be contacted for proper deposal procedures and requirements. Tronsite pipe shag then be removed and properly disposed per the SJVAPCD guidelines. Mitigation for potentially significant public health and safety impacts. Page 12 of 15 of aAKe9 F- T U (, ORIGINAI. Mitigation Measures GPA /ZC 16 -0101 Page 13 63. 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. 64. 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 polychidinated biphenyls (PCBs). If stained sots 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 safely impacts. 65. Prior to the issuance of grading and building permits, if necessary. PCB affected sail 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 shal be obtained from the City of Bakersfield Fire Department Office of Prevention Services. Mitigation for potentially significant public health and safety impacts. 66. Pursuant to the San Joaquin Volley Air Pollution Control District (SJVAPCDj Regulation VIII - Fugitive PMl0 Prohibitions, all areas with bare sol exposed as a result of the proposed Project's earthwork activities sh of 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. 67. Prior to development, the Project Developer shall construct a six -foot -high chain -link fence, or equivalent bonier as determined by the advisory agency, between any subdivision and the right-of way One of any irrigation canal within or adjacent to the subdivsion, as specified in City of Bakersfield Subdivision and Engineering Design Manual Standard 5 -10. Mitigation for potentially significant public health and safety impacts. Public Services and tifilifies 68. With submittal of each final tract map, the proposed development shall be reviewed by the City of Bakersfield Fire Department to ensure Department requirements for access, fire flow, hydrants, or other fire and fife safety requirements are adequately addressed. Mitigation for potentially significant public service and utilities impacts. 69. The Project Applicant shall be required to pay impact -based school fees at the statutory rate in effect at the time of issuance of building permits, in accordance with Education Code § 17620 and Government Code §65995. Mitigation forpofentially signfcant public service and utilities impacts. 70. Prior to recordation of a find map(s), the subdivider shall dedicate land and /or pay inXeu fees for parkland dedication to the North of the River Recreation and Pak District in compliance with Government Code Section 66477 (Quimby Act), Bakersfield Municipal Code §15.80 (based on a parkland dedication requirement of 2.5 acres per 1,000 population), and North of the River (NOR) Recreation and Park District policies and standards. If the number of dwelling units increases o�K decreases upon recordation of a final mop(s), the park land requirement will change accordingly. �e Fv�, r- m Page 13 of IS ORIGINAL Mitigation Measures GPA /ZC 16-0101 Page 14 to Bakersrield Municipal Code § 15.80 and the Planning Information Sheet regarding calculation and payment of in- ieu fees. The NOR Recreation and Park District shall provide a certificate stating that this measure is satisfied. Mitigation for potentially significant pubic service and utilities impacts. 71. Prior to recordation of the first final map, the subdivider shall provide written proof /verification from North of the River (NOR) Recreation and Park District that the proposed Project site is /has been included within the NOR Park Maintenance District. Said verification shall be submitted to the City of Bakersfield Planning Director. Mitigation for potentially significant pubic service and utilities impacts. 72. 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 utBifies impacts. 73. Prior to issuance of any building permit, the Project Applicant shall submit, for review, a Construction and Demolition Recycling Plan to the 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. 74. 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 ufsiffes impacts. 75. Prior to approval of a tentative tract map, the Project Applicant shall coordinate with PG &E staff early in the planning stages to ensure that adequate facilities are incorporated in the proposed Project as soon as possible. In addition, the Project Applicant shall coordinate with PG &E staff prior to construction regarding any potential service of facility issues. Mitigation for potentially significant public service and utilities impacts. 76. AN main lines adjacent to the roadways shall be brought to the ultimate width prior to recordation of each phase. In addition, utility easements shall be readily available. Mitigation for potentially significant public service and uh7ffes impacts. 77. Prior to approval of a tentative tract map, the Project Applicant shall coordinate with PG &E staff early in the planning stages to ensure that adequate tocilifies are incorporated In the proposed Project as soon as possible. In addition, the Project Applicant shall coordinate with PG &E staff prior to construction regarding any potential service of facility issues. Mitigation for potentially significant pubic service and utilffies impacts. Traffic and Circulation 78. Prior to grading permit issuance, a Traffic Management Plan (TMPj shall be submitted for review and approval to the City of Bakersfield Public Works Department. 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, sign posting, detours, etc.) as determined appropriate by the city Engineer. Adequate 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, o`` eAK6hN Page 14 of 15 o ORIGINAL Mitigation Measures GPA /2C 16-0101 Page 15 19. Any roadway segment improvements on Stockdale Highway between Enos Lane and Superior Road shall include railroad crossing safety measures such as proper warning signals. rights, striping, median separation, and parking restrictions, as outlined in the CPUC guidelines and the Phase IV RTIF Program. This mitigation measure shall be satisfied by the Project applicant's payment of RTIF fees. Mitigation for potentially significant traffic and circulation impacts. 80. 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 jMClntosh and Associates, September 2009, [Appendix 15.4]) for approval. Mitigation for potentially significant traffic and circulation impacts. 81. 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. CG: S: \GPAS \GPA 3rd 1016 \16-0101 \Mlxgotbn Meoxu es 16-0101.4= Page 15 of 15 o gP Keq r m J ORIGINAL Exhibit B Location Map of 9A KF9 T � m U O CaRlf lNA� s ■ omm ` l | |! | / _ | kBk f |i) | { |Ih' [| �! ■� ;a §§4 ill I ` .�.�. ! ,�,•,�'.` .... ■,.,,,.1.!§, `! �'■ �, ! , # .■ | � ¥ ` ■ | § ■s " , | ��O | ��. | ' ~ � N ©� | TM k ©�` | O k/ | . . y .. ORIGINAL