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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 �gAKF9 Page 1 of 3 aFn `rT J L ORIGINAL 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). --------000---- 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 Page 2 of 3 0F911511(F9 J p ORIGINAL Exhibits: A Mitigation Measures/Conditions of Approval for GPA/ZC No. 09-0263 B General Plan Amendment Map Page 3 of 3 �gANF9 o T r m ORIGINAI 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 r m O uORIGINAL o�gAKF9.n N r uORIGINAL 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. Page 2 of 26 CNK o� F9T r n J o ngiGiNAL o116AKFhN Y r J ORIGINAL 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. Page 3 of 26�gAKF9s o T > m O uINGINAI �gAKF9 O T r m UORIGINAL 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. o gAK, 9s_ F Page 4 of 26 •• m 0 NRIGINAI 1<gAKF9 t U ORIGINAL 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 Page 5 of 26 o``01% KF9mr > in O uoRIGINAL o�0AKF9s r � m J ORIGINAL 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 Page 6 of 26 ,s6AKFq O T > vORIGINAI �gAKF9 > m r JORIGINALL 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 Page 7 of 26 k$AKC9N o ... T vORIGINA1 OQgAKF9�' T J O ORIGINAL 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 Page 8 of 26 oAgAKFS,, s � m aORIGONAI. 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. Page 9 of 26 oR$AxF951q t J O nRIGINAI. o�gAKF9�, s r � J ORIGINAL 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. Page 10 of 26 o�gPxF9�r O uORIGINAI. oI�gAKe9� s I m J LORIGINAL 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. Page 11 of 26 o``0AKf9N r C JORIGINAL �gAKF9 o uT J L ORIGINAL 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 �0PKf9 o sT a m r_ 'ORIR%MAII o�gPKF9-n N ORIGINAL 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 r t nRIMNAL o`s 0AKe9s } T r m ORIGINAL 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 �OPxFq o 'PT > m r_ nmGlNtAKFy ] r. r r ORIGINAL 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 a�ePK�9.w s m u o nRl F'�AKF9� F- m JORIGINAL� Exhibit A GPA/ZC No. 09-0263 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 o`0pKF9T iP r � JnRIGINAP kgANF9 o T a r � J ORIGINAL Exhibit A 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 o`0AxF9s u o aalnenl O� 6AX69N T r m u o ORIGINAL 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 aQ0AxF9 sr t m J O nRIGMa�l0AKF9 T a m J O ORIGINAL 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 o`s0AxF9m r rn 0nRIGINA� o``gAKF9N > M J ORIGINAL 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 oQ�AKF'Du' r � 0 0 �gInINAL 0l0PKF9sn r m r uORIGINAL Exhibit A 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 oFeAKF9 r T VORIGINA" o�gAKe9.,,. s u o nRir,INnI. Exhibit A 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 o�0gKF9s r J ORIGINg1 oQgAKF9 T r J ORI(,INAI Exhibit A 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 m "nR101NAl O�0pKF9u T J O ORIGINAL. 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 o� 0-AKF9N t ORIGo�p�AKF9 T T n i J O ORIGINAL. 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 $, FZAK O i R uORIGINAL o�OAK�Hs -n F.C u ORIGINAL 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 Page 26 of 26 oa0ARF9N r m J L ORIGINAL o1<0AMF9T N r Fn uORIGINAL 1 1 rc rc I1IWITAll3 X]XYXXL::�:j,l X ro0.V K 3 p N,39WMi„01, ee 85% e O of D d N 6€6 88F a R e3E E@sE� � $ e@ X g e 6 aE es EEIge s \� o a x fig_ 8s a; s1 i ooi ww QQZ J z�w aY FxYaNW—J,tSE Syoo Y 3. 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