HomeMy WebLinkAboutRES NO 014-19RESOLUTION NO. 0 14- 19
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF
STOCKDBETWEENLE WEG SHWAY AND NORTH Of AVENUE AND HEATH STOCKDALE ROAD (GPA//ZZCCNO.RI BE
0918).
WHEREAS, Bolthouse Properties, LLC for Bolthouse Land Company, LLC, filed an
application with the City of Bakersfield Development Services Department requesting an
amendment to the land use map designation of the Metropolitan Bakersfield General Plan
from LMR (Low Medium Density Residential) to GC (General Commercial) on 6.938 gross
acres and GC to LMR on 6.938 gross acres and an amendment to Title 17 of the Bakersfield
Municipal Code to change the Zone District from R-2 (Limited Multiple Family Dwelling) to C-
2 (Regional Commercial) on 6.938 gross acres and C-2 to R-2 on 6.938 gross acres South of
Stockdale Highway and north of Stockdale Ranch Drive between Wegis Avenue and Heath
Road (the "Project"): and
WHEREAS, an initial study was conducted and it was determined that the Project
would not have a significant effect on the environment beyond what was already
previously analyzed and mitigated to the greatest extent practicable in the associated and
certified Stockdale Ranch Environmental Impact Report (EIR), which is incorporated by
reference. A Findings of Fact [California Code of Regulation (CCR) 15091] and Statement of
Overriding Considerations (CCR Section 15093) were adopted for Stockdale Ranch in 2010.
The Project is subject to the Mitigation Monitoring and Reporting Program (MMRP) (Exhibit A)
outlined in the Stockdale Ranch EIR. Therefore, a Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council adopted a Negative Declaration for the Project; and
WHEREAS, the Planning Commission held a public hearing on December 6, 2018, and
approved Resolution No. 109-18, which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, January 23, 2019 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 approval of the
amendment 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 17 RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 109-18 are
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hereby adopted.
3. The Project is subject to mitigation measures found in the MMRP (Exhibit A)
outlined in the Stockade Ranch EIR.
4. The Project is hereby approved subject to the conditions of approval in Exhibit A
and located on the map as shown in Exhibit B, both of which are incorporated
herein.
5. The Project approved herein is hereby made part of the 2^d amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan for calendar year
2019 in accordance with Government Code Section 65358 (b).
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I HEREBY CERTIFY that the foregoing Resolution was passed a �ddN 2 3 2019 by the
Council of the City of Bakersfield at a regular meeting held on
by the following vote:
/ ✓ / ✓ ✓
VES'. COUNCILMEMBER: RIVEVRA, GONZALES, WEIR, SMITH, EAE6M4N, SULLIVAN, EARLIER
5 COUNCILMEMBER:
q COUNCILMEMBER: OhO.-
ENT: COUNCILMEMBER'. M
APPROVED JAN 13 2019
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: 1` -
RICHARD IGER
Deputy City Attorney
LIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk
of the Council of the City of Bakersfield
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Exhibits: A Mitigation Measures/Conditions of Approval for GPA/ZC No. 09-0263
B General Plan Amendment Map
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EXHIBIT A
Mitigation Measures/Conditions of Approval
General Plan Amendment/Zone Change No. 09.0263
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT:
Aesthetics
1. 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 heightj) 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.
2. 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. All
construction lighting shall be consistent with the Bakersfield Municipal Code
requirements and conditions of approval. Mitigation for potentially significant
aesthetics (fight and glare) impacts.
3. With submittal of a site plan for commercial areas and consistent with the City's
design review by the Planning Director, all public signage throughout the
proposed Project shall be designed to have consistency in fixture type, lettering,
colors, symbols, and logos. Mitigation for potentially significant aesthetics (light
and glare) impacts.
4. With submittal of a tentative tract map and consistent with the City's design
review by the Planning Director, the Project Applicant shall verify 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 (light and glare)
impacts.
S. During the installation of lighting standards the Project Applicant shall ensure that
any exterior lighting 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
significant aesthetics (light and glare) impacts. o�eAKe9sT
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Agricultural Resources
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.
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.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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 same 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. Mitigation for potentially significant
agricultural impacts.
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. Mitigation for potentially
significant agricultural impacts.
Air Quglity
8. The Project Applicant shall adhere to the terms of the 2006 Voluntary Emissions
Reductions Agreement with the San Joaquin Valley Air Pollution Control District to
reduce ROG, NOx, and PMf0 impacts to zero. Mitigation for potentially
significant air quality impacts.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
P. Prior to grading plan approval, the Project Applicant shall 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.
10. 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.
Bioloaicol Resources
11. 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.
12. 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 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 San Joaquin kit fox, which is approved
by the applicable regulatory oversight agency (i.e., USFWS or CDFG).
bj 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 relocation of any San Joaquin kit fox
identified on-site.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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 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 shall submit written verification of compliance to the City of
Bakersfield with the alternate program at the some 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.
13. Within 30 days of initial ground disturbance, preconstruction clearance surveys
shall be conducted by a qualified biologist in accordance with the provisions of
the MSHCP. Any potential, inactive or active kit fox dens identified as
unavoidable, be monitored, excavated and backfilled in accordance with the
recommendations of the MBHCP and all guidelines, protocols and other
provisions of the CDFG, USFWS, Federal Endangered Species Act and California
Endangered Species Act. Survey windows for the San Joaquin kit fox can occur
at anytime throughout the year. The survey shall be submitted to the City of
Bakersfield Planning Department, prior to approval of a grading permit.
Mitigation for potentially significant biological impacts.
14. 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.
15. 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
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
wildlife become entrapped or buried in pipes. 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 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 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 sensitive and nesting birds, 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 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, CDFG) 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, CDFG) agreeing to the participation, and the
Project Applicant shall submit written verification of compliance to the City of
Bakersfield with the alternate program at the some 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
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
qualifying sensitive and nesting bird habitat land within Kern County. Mitigation
for potentially significant biological impacts.
17. 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 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 sholl occur until Incidental Take
authorization has been obtained from the CDFG and USFWS. Mitigation for
potentially significant biological impacts.
18. 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
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 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.
19. The Project Applicant shall conduct preconstruction surveys prior to ground
disturbance to ensure that no burrowing owls are present on-site and to ensure
avoidance of direct take or accidental entrapment of burrowing owls. If nests
are encountered, the use of agency -approved buffer zones shall be
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
implemented and full avoidance of nest shall occur until the young have
fledged. Additionally, the following measures, taken from the Staff Report on
Burrowing Owl Mitigation (CDFG 19951 shall be followed in order to minimize
impacts, preserve habitat, and reduce potential impacts to burrowing owls to a
level of less than significant.
• Occupied burrows shall not be disturbed during the nesting season (February
1 through August 31) unless a qualified biologist approved by the CDFG
verifies through noninvasive methods that either: (1) the birds have not begun
egg -laying and incubation: or (2) that juveniles from the occupied burrows
are foraging independently and are capable of independent survival.
Mitigation for potentially significant biological impacts.
• If owls must be moved away from the disturbance area, passive relocation
techniques as described in the Staff Report on Burrowing Owl Mitigation
should be used rather than trapping. At least one or more weeks will be
necessary to accomplish this and allow the owls to acclimate to alternative
burrows. Mitigation forpotentially significant biological impacts.
20. 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.
21. Any evidence, such as burrows or potential raptor nests, observed at any time
during construction, shall be promptly reported to the reviewing agencies for
resolution. Mitigation for potentially significant biological impacts.
22. 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.
Cultural Resources
23. During excavation and grading activities, if archaeological resources are
discovered on-site, the Project Developer/Contractor shall stop all work and shall
retain a qualified archaeologist to evaluate the significance of the finding and
appropriate course of action. Salvage operation requirements pursuant to
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Section 15064.5 of the State CEOA Guidelines shall be followed and the
treatment of discovered Native American remains shall comply with State codes
and regulations of the Native American Heritage Commission. Mitigation for
potentially significant cultural impacts.
24. If human remains are discovered as a result of the proposed Project during
development, all activity shall cease immediately, the Project
Developer/Contractor shall notify the Kern County Coroner's Office immediately
under state law, and a qualified archaeologist and Native American monitor
shall be 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.
25. If, during grading, paleontological resources are discovered, the Project
Developer/Contractor shall stop all work and a qualifed 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.
oloaic and Seismic Hazar
26. Prior to issuance of grading permits, a Storm 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 soil stabilizers. Mitigation
for potentially significant Geologic and Seismic Hazards.
27. 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.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Hvdrologv and Water Quality
28. 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.
29. 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.
30. Prior to grading plan approval, the Project Contactors 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.
31. 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 desiltation and detention shall be in place, as approved by
the Director of Public Works. The basins and erosion control measures shall be
shown and specified on 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.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Mineral Resources
32. 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.
33. 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.
34. 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.
35. Prior to tract recordation, the on-site abandoned oil well, KCLG #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.
Nois
36. 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 ore 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.
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
37. 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.
38. Prior to approval of the proposed Project plans and specifications by the City
Building Department, 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.
39. 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.
40. 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. Inferior
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.
41. 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
Page 12 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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. Mitigation
for potentially significant noise impacts.
42. 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 roadways 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.
43. 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 quantifies proposed
Project -related noise levels and recommends mitigation measures to achieve
compliance with the City's noise standards for stationary noise sources prefer to
Table 5.6-2, in EIR). Mitigation for potentially significant noise impacts.
44. In order to protect Kern County Water Agency's jKCWA'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 recorded deed notices or real estate disclosure statements as part of any
transfer of properties within the proposed Project site:
Page 13 of 26 a�gAKF9N
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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 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.
45. 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 Safefv
46. 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 fallowing mitigation
measure shall include:
• Excavation and disposal at a permitted, off-site facility;
• On-site treatment: or
• 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 California Department
of Toxic Substances Control, and/or the California Department of Water
Resources. Mitigation for potentially significant public health and safety impacts.
Page 14 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
47. Prior to issuance of grading permits, all stained concrete/asphalt pods 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 fan 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.
48. 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 5.3-1a. Mitigation for
potentially significant public health and safety impacts.
49. 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 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 5.3-1a. Mitigation for potentially significant
public health and safety impacts.
50. 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.
51. 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.
Page 15 of 26
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Mitigation/Conditions of Approval
have been properly abandoned or reabandoned,
Written verification from the s DOGGR shall be provided to indicate that tif necessary pursuant }o
he wells
current DOGGR regulations and requirements. Mitigation for potentially
significant public health and safety impacts.
52. 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:
No structures shall be built within 100 feet of any oil well unless the well has
been properly abandoned per Uniform Fire Code 7904.3.2.3. Mitigation for
Potentially significant public health and safety impacts.
Prior to the issuance of a building permit for structures located within 100 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
reabandoned to current DOGGR standards. Mitigation for potentially
significant public health and safety impacts.
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 structures per Bakersfield Municipal
Code 15.66.080 B. Mitigation for potentially significant public health and
safetyimpacts.
• The Project Applicant shall notify the property owner of the structure
(residence) of the existing abandoned oil well on their lot through the deed
or other legal documents per Bakersfield Municipal Code 15.66.080 B.
Mitigation for potentially significant public health and safety impacts.
53. The existing irrigation wells currently producing water on the proposed Project
site shall not be utilized to provide water for human consumption. Prior to the
approval of each individual tentative tract map, the irrigation wells within that
phase that will not be utilized to supply wafer for future landscaping, on-going
agricultural operations, or other non -consumptive purposes shall be destroyed
per California Department of Water Resources and Kem County Environmental
Page 16 of 26
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GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Health Services Department standards. Mitigation for potentially significant
Public health and safety impacts.
54. 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.
55. 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.
56. 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.
57. If, during grading and construction, potential unknown burfed 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
Page 17 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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,
58. 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:
Mitigation for potentially significant public health and safety impacts.
• 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.
• No habitable portion of a structure may be build within 30 feet of a crude oil
pipeline operating at 20 percent or greater of its design strength; Mitigation
for potentially significant public health and safety impacts.
• 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.
59. If tronsite pipe is located on the site during construction activities, the San
Joaquin Valley Air Pollution Control District fSJVAPCD) shall be contacted for
proper disposal procedures and requirements. Transite pipe shall then be
removed and properly disposed per the SJVAPCD guidelines. Mitigation for
potentially significant public health and safety impacts.
Page 18 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
60. 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.
61. 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.
62. 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.
63. 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.
64. Prior to development, 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, as specified in City of Bakersfield Subdivision and
Page 19 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Engineering Design Manual Standard 5-10. Mitigation for potentially significant
public health and safety impacts.
yblic Services and Utilities
65. 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 life safety
requirements are adequately addressed. Mitigation for potentially significant
public service and utilities impacts.
66. The Project Applicant shall be required to pay impact -based school fees at the
statutory rate in effect of the time of issuance of building permits, in accordance
with Education Code §17620 and Government Code §65995. Mitigation for
potentially significant public service and utilities impacts.
67. Prior to recordation of a final map(s), the subdivider shall dedicate land and/or
pay in -lieu fees for parkland dedication to the North of the River Recreation and
Park District (NORRPD), in compliance with Government Code Section 66477
(Quimby Act), Bakersfield Municipal Code §15.80 (based on a porkland
dedication requirement of 2.5 acres per 1.000 population), and NORRPD policies
and standards. If the number of dwelling units increases or decreases upon
recordation of a final map(s), the park land requirement will change
accordingly. Refer to Bakersfield Municipal Code §15.80 and the Planning
Information Sheet regarding calculation and payment of in -lieu fees. The
NORRPD shall provide a certificate stating that this measure is satisfied.
Mitigation for potentially significant public service and utilities impacts.
68. Prior to recordation of the first final map, the subdivider shall provide written
proof/verification from NORRPD that the proposed Project site is/has been
included within the NORPPD Maintenance District. Said verification shall be
submitted to the City of Bakersfield Planning Director. Mitigation for potentially
significant public service and utilities impacts.
69. 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 wafer
service to the proposed Project. Mitigation for potentially significant public
service and utilities impacts.
Page 20 of 26
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GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
70. 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,
71. 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.
72. 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.
73. All 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 utilities
impacts.
74. 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.
Traffic and Circulation
75. 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. 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
Page 21 of 26
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GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
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.
76. Any roadway segment improvements on Stockdale Highway between Enos Lane
and Superior Road shall include railroad crossing safety measures such as proper
woming signals, lights, 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.
77. 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 15.41) for approval. Mitigation for potentially
significant traffic and circulation impacts.
78. For impacted intersections subject to fair share improvements (refer to Table 6,
from September 2009 Traffic Impact Study [refer to Appendix 15.41) 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.
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina
79. The applicant shall appoint a project manager to act as a liaison with city staff
and track (monitor) all conditions of approval/mitigation measures. The project
manager shall provide written evidence and documentation confirming the
satisfactory completion and/or compliance with the list of conditions, including
mitigation measures of the project. The project manager shall submit the entire
list of conditions with said evidence/documentation and status of each
condition with each subsequent development application and/or plans
submitted to the Development Services Department and Public Works
Page 22 of 26
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GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
Department. The project manager shall coordinate with city departments and
other agencies as needed to satisfy conditions/mitigation measures, and
document compliance. Documentation from the project manager as to the
compliance of the condition/mitigation measures are subject to review and
acceptance by the Planning Director, or his designee. The name and contact
information for the project manager shall be provided to city staff on all
submittals. For orderly development.
80. A trail system is required for this project. With submittal of the first tentative
subdivision application, the applicant shall provide the Planning Director with a
trails plan for approval by the Planning Department. The trail cross section shall
mirror the trail design approved for the multi -use trail and combination trail
system. Trail location and cross section diagram shall be depicted on tentative
and final mops. Consultation with staff prior to preparation of the trails plan is
recommended. For orderly development.
81, The developer shall add a class 2 bike lane along Heath Road located north of
new collector roadway Claudia Autumn Drive (as shown on Exhibit B). For
orderly development,
Recreation and Parks
82. Prior to approval of a final subdivision for urban development, the subdivider
shall enter into on Agreement with the City of Bakersfield related to provision of
parks. For orderly development and to satisfy pork land requirement (BMC Ch
15.80) and park development requirement /BMC Ch. 15.82).
Public Works
83. Along with the submittal of any development plan, prior to approval of
improvement plans, or with the application for a lot line adjustment or parcel
merger, the following shall occur:
a. Provide fully executed dedication for Stockdale Highway, Heath Road, Wegis
Avenue and Nord Avenue to arterial standards; Claudia Autumn Drive to
collector standards within the GPA request. Dedications shall include
sufficient widths for expanded intersections and additional areas for
landscaping as directed by the City Engineer. Submit a current title report
with the dedication documents. If a tentative subdivision map over the entire
GPA/ZC area is submitted, dedication can be provided with the map.
Page 23 of 26 ,kgpKF9N
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Exhibit A
GPA/ZC No. 09-0263
Mifigation/Conditions of Approval
Developer shall reserve the right of way within the GPA/ZC area for the West
Beltway per Specific Plan Line 03-1171 per Resolution 044-04 and for the Kern
River Freeway per Specific Plan Line to be adopted by the City of Bakersfield.
For orderly development.
b. Submit a comprehensive drainage study to be reviewed and approved by
the City Engineer. No more than seven (7) sumps may be utilized to serve this
area; these sumps should be located so that they may be available to serve
adjacent areas as they develop. If only one sump is utilized to serve this
GPA/ZC area, it need not be so located. The study shall be approved and
any required retention site and necessary easements dedicated to the City.
For orderly development.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area than the
project area. The City is willing to aid the developer in the formation of a
Planned Sewer Area to provide a mechanism for the reimbursement of over -
sizing costs to the developer. For orderly development.
d. The developer shall submit a comprehensive sewer study to the City Engineer
for the GPA/ZC area to determine and verify sufficient sewer capacities
downstream of the project. If the City Engineer determines there is not
adequate capacity, the developer shall participate in a planned sewer
district and/or construct additional sewer infrastructure to the satisfaction of
the City Engineer. Construction of the project site shall be phased to
accommodate sewer capacities as approved by the City Engineer. For
orderly development.
a. In order to preserve the permeability of the sumps and to prevent the
introduction of sediments from construction or from storm events, all retention
and detention basins (sumps) shall have a mechanical device in the storm
drain system to remove or minimize the introduction of oil, grease, trash, and
sediments to the sump. This device shall be reviewed and approved by the
City Engineer, and shall provide the greatest benefit to the storm drain system
with the least maintenance cost. For orderly development.
I. The project applicant shall provide the City of Bakersfield with a phasing plan
of all onsite and required offsite infrastructure to be reviewed and approved
by the City Engineer. For orderly development.
Page 24 of 26
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
g. The developer is responsible for the construction of all infrastructures, both
public and private, within the boundary of the GPA/ZC area. This includes
the construction of any and all boundary streets to the centerline of the
street, unless otherwise specified. The developer is also responsible for the
construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the
construction of all infrastructures will be addressed of the subdivision map
stage. For ordertydevelopment.
84. The GPA/ZC area is within and subject to the Western Rosedale Trails Plan. For
orderly development.
85. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidated Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application
for a lot line adjustment for any portion of this GPA area. For orderly
development.
86. Payment of the proportionate share of the cost of the median for the arterial
frontage of the property within the GPA/ZC request is required prior to
recordation of any map or approval of any improvement plan for the GPA/ZC
area. For orderly development.
87. The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. For orderly development.
City Attorney Condition
88. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant'
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its
officers, agents, employees, departments, commissioners or boards ("City'
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CECA approval or
Page 25 of 26 $,
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Exhibit A
GPA/ZC No. 09-0263
Mitigation/Conditions of Approval
any related development approvals or conditions whether imposed by the City,
or not, except for CITY'S sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements ore
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
foiling under this condition within thirty (30) days of actually receiving such claim,
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and
the City is not obligated to use any law firm or attorney chosen by another entity
or party,
mo://S:/GPAS/GPA3 4009/09-0263/Reso_ard/EXHIBIT A_ ConditionsMiMgotion
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