HomeMy WebLinkAboutRES NO 027-03RESOLUTION NO. 0 2 7 ' 0 3
RESOLUTION MAKING FINDINGS, DENYING IN PART
AND GRANTING IN PART THE APPEAL FROM CASTLE
AND COOKE CALIFORNIA INC. AND DENYING THE
APPEAL FROM BAKERSFIELD CITIZENS FOR LOCAL
CONTROL, AND ADOPTING GENERAL PLAN AMEND-
MENT NO. 02-0030 OF THE PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, DECEMBER 16, 2002 and THURSDAY, DECEMBER 19, 2002 on Case No. 02-
0030 of a proposed amendment to the Land Use Element of the General Plan, notice of the
time and place of hearing having been given at least Ten (10) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, such Case No. 02-0030 of the proposed amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. 02-0030:
Castle and Cooke California, Inc. has requested to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan from SI (Service
Industrial) to GC (General Commercial) on 78 acres; and
WHEREAS, by Resolution No. 161-02 on December 19, 2002, the Planning
Commission recommended approval and adoption of GPA No. 02-0030 subject to the
conditions and mitigation measures listed in Exhibit "2" and this Council has fully considered the
findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the applicant, Castle and Cooke California Inc., filed an appeal to several of
the conditions of approval recommended by the Planning Commission for the project; and
WHEREAS, Bakersfield Citizens for Local Control filed an appeal to the Planning
Commission's recommendation for this project; and
WHEREAS, the City of Bakersfield is the Lead Agency for said project; and
WHEREAS, the City of Bakersfield determined that an Environmental Impact Report
(EIR) would be required for the project; and
WHEREAS, the City of Bakersfield retained the professional consulting services of
Jones & Stokes to prepare the Notice of Preparation (NOP), Environmental Impact Report and
related documents; and
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WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on May 31,
2002 for a 30 day review period in accordance with CEQA; and
WHEREAS, the Planning Commission held a public scoping hearing on June 20, 2002
to receive input from the public and agencies on the NOP and scope of the Draft EIR; and
WHEREAS, a Draft EIR was prepared and circulated to interested parties and agencies
and a notice of availability was sent to property owners within 300 feet of the project site on
September 3, 2002 in accordance with CEQA for a 45 day review period to end on October 17,
2002; and
WHEREAS, the Notice of Completion was filed with the State Clearinghouse and the
Draft EIR was submitted to the State Clearinghouse (SCH # 2002051156) on September 3,
2002, to start the 45 day review period to end on October 17, 2002, in accordance with CEQA;
and
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of the City of Bakersfield CEQA Implementation Procedures, held a public hearing
on Monday, September 30, 2002 and Thursday, October 3, 2002 on the adequacy of the Draft
Environmental Impact Report; and
WHEREAS, on December 2, 2002. the Final EIR was completed and notice of its
availability was made to interested parties and commenting agencies; and
WHEREAS, the law and regulations relating to the preparation and adoption of an EIR
as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have
been duly followed by city staff, the Planning Commission, and the City Council; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, FEBRUARY 12, 2003 on the above described GPA Case No. 02-0030 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan, notice of time and place of the hearing having been given at least ten (10) calendar days
before the hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, the City Council has considered and hereby makes the following findings:
In accordance with CEQA Guidelines Section 15090, the Council of the City of
Bakersfield adopted a resolution certifying that:
(a) The final EIR has been completed in compliance with CEQA; and
(b)
The final EIR was presented to the Council of the City of Bakersfield and
that the City Council reviewed and considered the information contained
in the final EIR prior to recommending approval the project.
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in accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR
was considered for adequacy, completeness and good faith effort at full
disclosure and has been completed in compliance with CEQA.
In accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR
was presented to the Council of the City of Bakersfield and the City Council
reviewed and considered the information contained in the Final EIR prior to
approving the project.
In accordance with CEQA Section 15091, findings and supporting rationale
regarding identified significant environmental effects and related mitigation
measures are attached hereto as Exhibit "3".
In accordance with CEQA Section 15093, a Statement of Overriding
Considerations with supporting reasons related to air quality impacts is
recommended for adoption as shown on attached Exhibit "4".
Conditions of Approval attached hereto as Exhibit "2" are needed to provide for
orderly development, and the public health, safety and welfare.
Exhibit "2" attached hereto also contains all mitigation measures listed in the EIR
for the project and the conditions required pursuant to Bakersfield Municipal
Code Chapter 17.53, Site Plan Review that the developer must satisfy.
The applicant, Castle and Cooke, Inc., agreed to implement all mitigation
measures identified in the environmental analysis contained within the
EIR, and all conditions of approval and all Site Plan Review conditions contained
in Exhibit "2".
In accordance with Public Resources Code Section 21081.6, Exhibit "5" attached
hereto contains the monitoring program for implementing the adopted mitigation
measures.
10.
Based on the evidence in the record, as required by Section 21082.2 of the State
of California Public Resources Code (CEQA) for the purpose of documenting
significant effects, and the mitigation measures proposed to address impacts on
biological resources, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore, must be granted a "de minimis" exemption in
accordance with Section 711.4 of the State of California of Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-
referenced evidence and the conclusion of the Final Environmental Impact
Report that the implementation of the proposed mitigation measures would
reduce project and cumulative impacts on biological resources to a level that is
less than significant.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
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11.
The above recitals and findings incorporated herein, are true and correct.
All required public notices have been given.
The report of the Planning Commission, including maps and all reports and
papers relevant thereto, transmitted by the Secretary of the Planning
Commission to the City Council, is hereby received and accepted.
The Statement of Facts, Findings, and Mitigation Measures attached in Exhibit
"3" are hereby adopted for GPA No. 02-0030.
That certain environmental impacts regarding air quality are considered
unavoidable and cannot feasibly be mitigated to a less than significant level.
Moreover, the project alternatives analyzed in the Final Environmental Impact
Report would not feasibly mitigate the impacts. These impacts are discussed in
attached Exhibit "3". Notwithstanding disclosure of these impacts, the City
Council is approving the project based on the overriding considerations as set
forth in the "Statement of Overriding Considerations" attached in Exhibit "4".
The Mitigation Monitoring and Reporting Program attached in Exhibit "5" is
hereby adopted for GPA No. 02-0030.
The appeal submitted by Castle and Cooke California, Inc. is hereby denied in
part with respect to the addition of bike racks for all major pads.
The appeal submitted by Castle and Cooke California, Inc. is hereby upheld in
part with respect to: a) restriction on hours of operation, b) restriction on outside
storage areas, c) restriction on the number of days allowed for trailer parking, d)
requirement to shield fast food speaker boxes, e) restriction on the hours allowed
for delivery of goods, and f) requirement for including building illuminations in
sign program.
The City Council hereby denies the appeal submitted by Bakersfield Citizens for
Local Control.
The City Council hereby approves and adopts GPA Case No. 02-0030 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, constituting changes as shown on the map marked Exhibit
"1", attached hereto and incorporated as though fully set forth, for property
generally located adjacent on the west side of Gosford Road, between Pacheco
Road and Harris Road, subject to the conditions of approval/mitigation measures
provided in Exhibit "2."
That GPA Case No. 02-0030, approved herein, be combined with other
approved cases described in separate resolutions, to form a single Land Use
Element Amendment, and shall become effective on February 26, 2003.
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......... 000 .........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of Bakersfield at a regular meeting thereof held on February 12, 2003, by
the following vote:
AYES: COUNCILMEMBER COUCH, CARSON, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER BENHAM
ABSTAIN: NONE
ABSENT: NONE
PAMELA A. McCARTHY, OMC /']
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEBRUARY 12,200.~
Mayor of the City of Bake1'sfield
APPROVED as to form
BART J. THILTGEN
City Attorney
Exhibits:
1. General Plan Amendment Map
2. Conditions of Approval (incorporating mitigation measures)
3. Statement of Facts, Findings, and Mitigation Measures
4. Statement of Overriding Considerations
5. Mitigation Monitoring and Reporting Plan
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EXHIBIT I
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EXHIBIT 2
GPA/ZC 02-0030
Conditions of Approval/Mitigation Measures
AIR QUALITY
Mitigation Measure B-1: Prior to approval of a grading plan, the developer shall submit a letter to
the City of Bakersfield Planning Department from the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) stating the dust suppression measures that shall be completed during
construction activities to comply with the SJVUAPCD Regulation VIII.
Mitigation Measure B-2: In addition to compliance with Regulation VIII, the following measures
shall be incorporated into building plans and implemented during construction activities to further
reduce fugitive dust emissions associated with the project.
a)
b)
c)
d)
e)
t)
g)
h)
i)
J)
k)
Cover all access roads and parking areas with asphalt-concrete paving.
Ensure that asphalt-concrete paving complies with SJVUAPCD Rule 4641 and restrict the
use of cutback, slow-cure, and emulsified asphalt paving materials.
Use water sprays or chemical suppressants on all unpaved areas to control fugitive dust
emissions.
Enclose, cover, or water all stockpiled soils to reduce fugdtive dust emissions.
Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period, and when dust is entrained at a level greater than the maximum 20% opacity).
Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction
site.
Cover all haul tracks when transporting loads of soils.
Wash off construction and haul tracks to minimize the removal of mud and dirt from the
project site.
Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
Encourage ride sharing and use of transit transportation for construction employees
commuting to the project site.
Use electric equipment for construction whenever possible instead of fossil fuel-fired
equipment.
3. The developer shall incorporate the following in building plans:
a)
b)
c)
d)
Mitigation Measure B-3: Use low-NOx emission water heaters.
Mitigation Measure B-4: Provide shade trees to reduce building cooling requirements
consistent with the current landscaping ordinance requirements.
Mitigation Measure B-5: Install energy-efficient and automated air conditioners.
Mitigation Measure B-6: Exterior windows should all be double-paned glass.
e)
Mitigation Measure B-7: Energy-efficient metal halide light parking lights will be used.
Mitigation Measure B-8: Use EPA-approved wood burning stoves, fireplace inserts or pellet
stoves in lieu of conventional fireplaces.
BIOLOGICAL RESOURCES
Mitigation Measure C-1: The developer shall pay a one-time mitigation fee due and payable to the
City of Bakersfield at the time grading plans are approved or building permits are issued. The
mitigation fee is currently $1,240 per acre and may be increased to keep pace with inflation. The
mitigation fee shall apply to the project sites in their entirety.
Mitigation Measure C-2: Prior to construction activities, focused surveys for the San Joaquin kit fox
shall be conducted by a qualified biologist to determine if any known kit fox dens are located on the
project sites. If an active den is not found, no further mitigation would be necessary. However, if an
active den is present, kit foxes shall be relocated by a qualified biologist using DFG- and USFWS-
approved methods. If the biologist determines that the relocation is not practicable, he or she shall
destroy the den according to DFG- and USFWS-approved methods to allow the foxes to relocate on
their own. Results of the surveys shall be provided to the DFG.
CULTURAL RESOURCES
Mitigation Measure D-1: Stop work if cultural resources are discovered during ground-disturbing
activities. If buried cultural resources, such as chipped or ground stone, historic debris, building
foundations, or human bone, are inadvertently discovered during ground-disturbing activities, work
will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the
significance of the find and, if necessary, develop appropriate treatment measures in consultation
with the City of Bakersfield and other appropriate agencies. Treatment measures typically include
development of avoidance strategies, capping with fill material, or mitigation of impacts through
data recovery programs such as excavation or detailed documentation.
Mitigation Measure D-2: Comply with state laws pertaining to discovery of human remains. If
human remains of Native American origin are discovered during project construction, it is necessary
to comply with state laws relating to the disposition of Native American burials, which fall within
the jurisdiction of the Native American Heritage Commission (Pub. Res. Code Sec. 5097). If any
human remains are discovered or recognized in any location other than a dedicated cemetery, there
will be no further excavation or disturbance of the site or any nearby area reasonably suspected to
overlie adjacent human remains until:
a)
b)
the coroner of Kern County has been informed and has determined that no investigation of
the cause of death is required; and
if the remains are of Native American origin,
1. the Native American Heritage Commission was unable to identify a descendant or the
descendant failed to make a recommendation within 24 hours after being notified by
the commission, or
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the descendants of the deceased Native Americans have made a recommendation to
the landowner or the person responsible for the excavation work, for means of
treating or disposing of, with appropriate dignity, the human remains and any
associated grave goods as provided in Public Resources Code Section 5097.98.
HAZARDS & HAZARDOUS MATERIALS
Mitigation Measure E-1: Prior to any onsite construction activities, any stained soils observed in the
Preliminary Hazards Study shall be assessed by a licensed engineer or geologist approved by the
Director of Environmental Services. All stained soil shall be cleaned and properly disposed of in
accordance with the requirements set forth in the applicable federal, state, and local laws.
Mitigation Measure E-2: Prior to any on-site construction activities, soils shall be sampled and
analyzed by a licensed engineer or geologist approved by the Director of Environmental Services to
determine the extent of pesticide residue. If residue is found to be within acceptable DTSC
standards, construction may begin. If residue is found to be greater than DTSC standards, all
contaminated soils exceeding the acceptable limits shall be remediated and/or properly disposed of
per DTSC requirements.
10.
Mitigation Measure E-3: If previously unidentified materials are discovered, all work would stop
immediately and Health and Safety procedures shall be implemented. Procedures shall include, at a
minimum, emergency medical, evacuation of the site and/or threatened area, and notification actions.
Notification shall include but not be limited to the following agencies: The City of Bakersfield,
DTSC, the City and County Fire Departments, and the Regional Water Quality Control Board
(RWQCB). Evaluation and a determination regarding the type of contamination encountered and
best course of action would be determined by the ranking official and the required mediation
measures shall be implemented.
NOISE
11.
12.
Mitigation Measure G-1: Limit Hours of Construction Activities. Construction activities shall be
limited to the hours between 6:00 a.m. to 9:00 p.m. on weekdays, and 8:00 a.m. to 9:00 p.m. on
weekends. Permits may be granted for construction activities different from the above in accordance
with the above, by the City Manager for public health and safety reasons per the City of Bakersfield
noise ordinance. These provisions to construction duration shall be required for any construction
activity within 1,000 feet of a residential dwelling.
Mitigation Measure G-2: Locate equipment as far from noise-sensitive receptors as practicable. All
stationary noise-generating equipment, such as pumps and generators, will be located as far as
possible from nearby noise-sensitive receptors, as practicable. Where practicable, noise-generating
equipment will be shielded from nearby noise-sensitive receptors by noise-attenuating buffers such
as structures or haul truck trailers. Stationary noise sources located less than 200 feet from noise-
sensitive receptors will be equipped with noise-reducing engine housings. Portable acoustic barriers
will be placed around noise-generating equipment located within 200 feet of residences. Water
tanks and equipment storage, staging, and warm-up areas will be located as far from noise-sensitive
receptors as possible.
13.
Mitigation Measure G-3: Use sound-control devices on combustion powered equipment. All
construction equipment powered by gasoline or diesel engines will be required to have sound-control
devices at least as effective as those originally provided by the manufacturer; no equipment will be
permitted to have an unmuffled exhaust.
14.
Mitigation Measure G-4: Shield/shroud any impact tools. Any impact tools used during demolition
of existing infrastructure will be shrouded or shielded.
15.
Mitigation Measure G-5: Shut off machinery when not in use. Mobile noise-generating equipment
and machinery will be shut off when not in use.
16.
Mitigation Measure G-6: Use shortest traveling routes, when practicable. Construction vehicles
accessing the site will be required to use the shortest possible route to and from local freeways,
provided the routes do not expose additional receptors to noise.
17.
Mitigation Measure G-7: Disseminate essential information to residences and implement a
complaint response/tracking program. Residences within 500 feet of the construction area will be
notified of the construction schedule in writing, prior to construction. The developer and the
construction contractor will designate a noise disturbance coordinator who will be responsible for
responding to complaints regarding construction noise. A contact telephone number for the noise
disturbance coordinator will be conspicuously posted on construction site fences and will be
included in the written notification of the construction schedule sent nearby residents.
TRANSPORTATION & CIRCULATION
18.
Mitigation Measure H-l: Fund signal, intersection, and roadway improvements. Prior to issuance of
building permits, the developer shall provide his or her fair share funding toward the following and
all applicable improvements listed in Table 6 and Table 10 of the Traffic Impact Study (Appendix K
of the Gosford Village Final EIR-SCH#2002051156). At the time of building permit issuance, the
developer's funding calculations for all improvements associated with project-related impacts shall
be verified and submitted to the City for review and approval. The following improvements shall be
funded:
a) Traffic Signals:
Ashe Road and Harris Road
Panama Lane and Ashe Road
Gosford Road and Harris Road
b) Intersection Improvements:
Taft Highway and Gosford Road (4-Way Stop)
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Ming Avenue and Gosford (Add South bound left turn lane, West bound left turn lane
and West bound right turn lane)
White Lane and Stine Road (Add East bound and West bound left turn lanes)
White Lane and Buena Vista Road (Add North bound and South bound through
lanes)
White Lane and Ashe Road (Add East bound and West bound left turn lanes)
Panama Lane and Ashe Road (Add East bound through lane)
c)
Segment Improvements:
Panama Lane Ashe Road to Stine Road (Improve to 4-lane, undivided)
19.
Mitigation Measure H-2: Implement Intersection Improvement Measures for the Project. Prior to
issuance of any building permit, the developer shall provide the City of Bakersfield with a phasing
plan. The developer shall install the following intersection and roadway segment improvements prior
to the completion of the constructed phase, i.e., total square feet of Gross Leaseable Floor Area
(GLFA), as specified below. The project will be constructed in multiple phases. The first phase,
Phase One, consists of a total of 262,033 square feet of Gross Leaseable Floor Area (GLFA). Phase
Two consists of 250,403 square feet of GLFA, for a cumulative total 0£512,436 square feet of
GLFA. Phase Two improvements are therefore triggered prior to the issuance of a building permit
when the cumulative square footage for the project exceeds 512,436 square feet of GLFA. To
ensure that the remaining required improvements are installed prior to final buildout, the final phase
shall be established at half of the remaining square feet of GSLA. Therefore, Phase Three
implementing improvement measures shall be triggered prior to the issuance of a building permit
when the cumulative square footage for the project exceeds 606,218 square feet of GLFA. The
developer shall be responsible for his or her fair share costs of improvements.
For the improvements required for Phases Two and Three, the developer has the option to prepare a
traffic analysis, to be reviewed and approved by the City Engineer, to determine if the improvements
tied to the completion of that phase are still required at that time. If any of the improvements are
required at a future year, the developer has the option to complete that improvement with the Phase,
or to enter into an agreement with the City to construct that improvement in that future year, and
post approved security for the cost of the improvement. If the developer is unable to proceed with
the construction of any of these required improvements because of the inability to obtain off site
right-of-way, then he or she shall pay to the City the up-front costs for eminent domain proceedings
and enter into an agreement and post security fbr the purchase and improvement of said right of way.
a) Signalization
· Gosford and Harris Road. Prior to the completion of Phase One (262,033 sq. ft. of
GLFA), the developer shall install a traffic signal and add South bound left.
· Gosford and Pacheco Road. Prior to the completion of Phase Two (512,436 sq. ft. of
GLFA), the developer shall install a traffic signal.
b)
c)
· Gosford and Main Project Entrance. Prior to the completion of Phase Two (512,436
sq. i2. of GLFA), the developer shall install a traffic signal.
· Panama and Gosford. Prior to the completion of Phase Two (512,436 sq. ft. of
GL, FA), the developer shall install a traffic signal.
Intersection hnprovements
· Gosford Road and Harris Road. Prior to the completion of Phase One (262,033 sq. ft.
of GLFA), the developer shall add southbound left mm lane.
· White Lane and Gosford Road. Prior to the completion of Phase Three (606,218 sq.
ft. of GLFA), the developer shall provide overlapping right tums for West bound
right and East bound right turn lanes.
· Ashe Road and Hams Road. Prior to the completion of Phase Three (606,218 sq. ft.
of GLFA), the developer shall add East bound left mm lane.
Segment Improvements
· Gosfbrd Road - From Hams Road to Panama Lane. Prior to the completion of Phase
One (262,033 sq. ft. of GLFA), the developer shall improve this roadway segment to
4-lane undivided.
DISCRETIONARY CONDITIONS
20.
21.
22.
All mechanical and electrical equipment (to be installed on the structure or on the ground) shall be
adequately screened from public view. The screening shall be considered as an element of the
overall design and must blend with the architectural design of the building and/or landscaping as
appropriate. Method of screening shall be approved by the Planning Department.
Prior to or with submittal of final development plans, the applicant shall submit an application for a
Comprehensive sign Plan. No signage, except for miscellaneous temporary construction signage as
allowed by the City's Sign Ordinance, is permitted prior to approval of a comprehensive sign plan.
Prior to submittal of Final Development Plans, the applicant shall submit a Security Plan to the
Bakersfield Police Department for review and approval. (Contact the Planning Department for name
of Police Department contact person when ready to submit the Security Plan to the Police
Department.) With submittal of Final Development Plans, evidence of approval by the Police
Department shall be provided to the City Planning Department. The following measures shall be
incorporated into the Security Plan:
· Provision of on-site security guards;
· Security lighting at parking areas, loading areas, and walkways;
· Use of dead bolts, closed-circuit televisions, security lighting and alarms, and other design
features to increase on-site security;
· Elimination of dead spaces and areas of potential concealment; and
· Provision of visible addresses and access to emergency vehicles.
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23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
Developer shall consult with Golden Empire Transit District (GET) prior to submittal of Final Site
Plan Review. Developer shall construct a bus shelter and turnout to accommodate at least 2 busses
within or adjacent to the project site. Developer shall submit a letter from GET with the Final Site
Plan Review, which indicates GET is satisfied with the bus shelter/turnout location and design.
The primary parking areas shall be divided into 4-6 sections. There shall be a minimum of 5
landscaped walkways connecting the major tenants to the satellite post along Gosford Road.
Building pad areas, which will not be built on immediately after grading shall be hydroseeded or
turfed and maintained along with other required landscaping. Pad areas to be turfed shall be labeled
as such on final development plans and shall be provided with a perimeter barrier to prevent
vehicular access.
Any emergency generator shall be enclosed by an 8-foot masonry wall.
Lights shall be directed and or shielded to shine downward and away from adjacent residential
property.
Square footages of individual structures may be less than that depicted on the plans but cannot
exceed a 5% increase in the square footage shown in the plans. In the event of any increase or
portion thereof, the developer is shall comply with the City's Parking Ordinance.
Final landscaping plans shall be in substantial conformance with the preliminary landscaping plans.
Minimum changes to the landscaping plan may be permitted subject to Planning Director approval.
Three full access signalized project entrances onto Gosford Road are proposed. A signal
coordination study shall be submitted and approved which adequately justifies the location of these
signals. Should a signal not be justified, a limited access entrance only will be allowed with no left
turn out permitted. Each si~,mal shall be installed and operational at the time the entrance is opened
to general public traffic.
For the purpose of implementation of the phasing plan, development of any portion of a phase shall
trigger the improvements required for that phase.
No parking signs shall be posted along the north side of Harris Road east of the intersection of Silver
Gate Street to meet the City of Bakersfield's sight line standard.
Eastbound left turn lane striping shall be installed at the intersection of Wilderness Drive/Harris
Road.
A dual continuous left turn lane shall be striped from the intersection of Wilderness Road/Harris
Road to the intersection of Harris Road/Ashe Road.
Yellow flashing lights shall be installed in accordance with the City of Bakersfield standards at the
pedestrian crossing on Harris Road in front of Subaru School.
The developer shall cooperate with the City of Bakersfield to vacate that portion of Pacheco Road
west of Young Street as shown on Parcel Map 10465 and east of the rail spur crossing so that
Pacheco Road does not continue west of the San Joaquin Valley Rail Road - Sunset Spur Line.
Access shall be provided to the City of Bakersfield water well site.
Light fixtures in the front parking lots along Gosford Road shall not exceed a maximum height of 25
feet.
38.
39.
40.
41.
42.
The developer shall provide additional landscape berming and additional trees or shrubbery to
provide visual screening of the parking lot areas from Gosford Road between Harris Road and
Pacheco Road for all areas where there are no buildings adjacent to Gosford Road.
Prior to issuance of any building permit, the developer shall pursue amending, under the Circulation
Element of the Metropolitan Bakersfield General Plan, the designation of Pacheco Road, east of
Young Street (as shown in the 2nd Revised Vesting Tentative Parcel Map No. 10465) and west of
Gosford Road, to a "Modified Collector" with left turn in.
All trash enclosures, compacters, diesel generators shall be screened with masonry block walls and
landscaping.
Bike racks shall be provided at all major pads at center.
The developer shall implement all of the mitigation measures from Table 6 of the Traffic Impact
Study in Appendix K of the Gosford Village Final EIR-SCH# 2002051156.
SITE PLAN COMPLIANCE LIST
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils
report to the Building Division. You must submit a final soils report to the Building Division
before they can issue a building permit.
The applicant shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
The applicant shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any
food handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before building
permits can be issued.
Structures exceeding I0,000 square feet in area shall require installation of an automatic fire
sprinkler system.
Business identification signs are no__[t considered nor approved under this review. A separate
review and sign permit from the Building Division is required for all new signs, including
future use and construction signs. Signs must comply with the Sign Ordinance (Chapter
17.60).
The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
S:\GPA 4th Qtr 2002\02-0030 Gosford Village\Final Conditions.doc 8
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
The minimum parking required for this project has been computed based on use and shall be
as follows:
Required
Use Ratio Parking
Regional Commercial Center (Preferred)
*Retail (683,498 sq. ft.)
1st 35,000 sq. ft.
Remainder (648,498 sq. ft.)
*Restaurant (9,500 sq. fl.)
(2 spaces credit per window)
*Restaurant w/bar (7,000 sq. ft.)
Total Required
Total Proposed
1 space/200 sq. ft.
I space/250 sq. ft.
I space/ 75 sq. f.
I space/ 50 sq. ft.
175spaces
2,594 spaces
127 spaces
-6 spaces
140 spaces
3,030 spaces
3,511 spaces
Regional commercial Center {Optional Design)
*Retail (690,498 sq. ft.)
1st 35,000 sq. ft.
Remainder (655,498 sq. ft.)
*Restaurant (2,500 sq. ft.)
(2 spaces credit per window)
*Restaurant w/bar (7,000 sq. ft./
Total Required
Total Proposed with this option
1 space/200 sq. ft.
1 space/250 sq. ft.
I space/ 75 sq. ft.
i space/ 50 sq. ft.
175 spaces
2,622 spaces
33 spaces
-2 spaces
140spaces
2,968 spaces
3,525 spaces
The applicant shall include a copy of a final landscape plan with each set of the final building
plans submitted to the Building Division. In addition, one (1) copy of the landscape plan
shall also be submitted to the Planning Division. Building permits will not be issued until the
Planning Division has approved the final landscape plan for consistency with approved site
plans and minimum ordinance standards (please refer to the attached standards - Chapter
17.61).
Please be advised that these landscaping standards create four (4) categories of trees and each
category has its own separate set of spacing, evergreen-to-deciduous ratios, location, and
performance standards. These categories are:
Street frontage trees
Parking lot (shade trees) 40% of the parking lot must be shaded.
Shade/accent trees at building entrances
Trees that buffer adjacent residential areas
Approved landscaping, parking, lighting, and other related site improvements shall be
installed and inspected by the Planning Division before final occupancy of any building or
site. Please schedule final inspections with the staff contact noted above.
(NOTE: Plants must match the species identified and be installed in the locations
consistent with the approved landscape plan. Otherwise, changes made without prior
9
approval of the Planning staff may result in the removal and/or relocation of installed
plant materials and delays in obtaining building occupancy.)
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Illumination shall be evenly distributed across the parking area with light fixtures designed
and arranged so that light is directed downward and is reflected away from adjacent
residential properties and streets. Use of glare shields or baffles may be required for glare
reduction or control of back light. All light poles, standards and fixtures, including bases or
pedestals, shall not exceed a height of 40' above grade. The final building plans shall
include a picture or diagram of the light fixtures being used and show how light will be
directed onto the parking area.
Addressing for the project shall be designated as shown by staffon the returned site plan.
These address numbers will be the only addresses assigned by the city unless you wish to
have a different address program. Internal unit addresses will be only by suite number and
will be the responsibility of the owner or developer to assign to each tenant.
(It is recommended that you assign suite numbers beginning with 100, 200, 300, etc. instead
of an alphabetic character. If in the future a tenant space is split, you wouM then be able to
assign a number between these numbers which would keep your suites addressed in
numerical order. Keeping an orderly numbering system will make it easier for customers,
emergency personnel, mail delivery to find the business.)
Habitat Conservation fees shall be required for this project and will be calculated based on
the fee in effect at the time we issue an urban development permit (includes grading plan
approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the
Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant
will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat
Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is
currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning
Division). This fee must be paid before any grading or other site disturbance occurs.
The applicant shall file with the Planning Division before any building permits are issued a
copy ora recorded map or other instrument that ensures that drive aisles, parking, and access
is legally shared in common with adjoining properties as depicted on the site plan for the life
of the project.
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school) shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment, unfinished structural
element or unfinished architectural feature of the building.
Open storage of materials and equipment shall be surrounded and screened with a solid wall
or fence (screening also applies to gates). This fence shall be at least 6 feet in height and
materials shall not be stacked above the height of the fence. (Note: A taller fence is allowed
in commercial and industrial zones. A building permit is only required for fences and walls
over 6feet in height.)
S:\GPA 4th Qtr 2002\0242)030 Gosforci Village\Final Conditions.doc 1 0
C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
All fire lanes as indicated on the returned plans, or as they may be modified by the
Fire Department. Spacing between each sign identifying the fire lane must also be
shown on the final plan that meets minimum city standards. The applicant shall
install all required fire lane signs before occupancy of any building or portion of any
building is allowed.
Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New
fire hydrants shall be sited and installed in accordance with the latest adopted version
of the California Fire Code. Hydrants must be in working order to assure that
adequate fire protection is available during construction unless other arrangements for
such protection are approved by the Fire Department. Please provide 2 sets of the
engineered water plans to Dave Weirather. (Note: All new fire hydrants must be
purchased from the Fire Department.)
If the project has fire sprinkler or stand pipe systems. The Fire Department will issue
guidelines for connection locations (FDC) when automatic sprinkler and stand pipe
systems are required.
Project address, including suite number if applicable. If the project is within a
shopping or business center, note the name and address of the center.
e. Name and phone number of the appropriate contact person.
The applicant must request an inspection of any underground sprinkler feeds at least 24 hours
before they are buried. The Fire Safbty Control Division (1715 Chester Avenue, Suite 300,
Bakersfield, CA; Ph. 661/326-3951) must complete all on-site inspections of fire sprinkler
systems and fire alarm systems before any building is occupied.
The applicant shall show on the final building plans a 20' wide all-weather emergency access
as indicated by staffon the returned site plan. The Fire Department must approve the final
location and design of this access prior to building permits being issued. This access shall be
constructed before building occupancy will be granted.
All access (permanent and temporary) to and around any building under construction must be
at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water
ponding. Bamcades must be in place where ditches and barriers exist in or cross roadways.
Emergency vehicle access must always be reliable.
The applicant shall obtain all necessary approvals from the Fire Department for fuel tanks or
related facilities before they are installed on the site. Please contact the Environmental
Services Division at 661/326-3979 for further information.
6. If you handle hazardous materials or hazardous waste on the site, the Environmental Services
11
Division may require a hazardous material management plan before you can begin
operations. Please contact them at 661/326-3979 for further information.
If you treat hazardous waste on the site, the Environmental Services Division may require a
hazardous waste "Tiered" permit before you can begin operations. Please contact them at
661/326-3979 for further information.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit f¥om the Environmental Services Division is required to
install and operate these tanks. The Environmental Services Division may also require a
Spill Prevention Control and Countermeasure Plan before you can begin operations. Please
contact them at 661/326-3979 for further information.
D. PUBL1CWORKS-ENGINEERING (staffcontact-JaniceHorcasitas 661/326-3576)
The applicant shall construct curbs, gutters, cross gutters, sidewalks, and street/alley paving
along Gosford Road according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any building
permits will be issued.
The applicant shall install 8 (eight) street lights along Gosford Road, Harris Road, and
Pacheco Road as shown by staff on the returned site plan. The applicant shall be responsible
for providing the labor and materials necessary to energize all newly installed street lights
before occupancy of the building or site. These improvements shall be shown on the final
building plans submitted to the Building Division before any building permits will be issued.
The applicant shall construct standard handicap ramps at all corners of the public street
intersections and center entrances within the boundaries of the project site according to
adopted city standards. These improvements shall be shown on the final building plans
submitted to the Building Division before any building permits will be issued.
The applicant shall install new connection(s) to the public sewer system. This connection
shall be shown on the final building plans submitted to the Building Division before any
building permits will be issued.
All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type
B, A.C. over 3" Class I1 A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving
standard shall be noted on the final building plans submitted to the Building Division before
any building permits will be issued.
If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
7. Before you can occupy any building or site, you must reconstruct or repair substandard off'-
site improvements to adopted city standards as directed by the City Engineer. Please call the
S:\GPA 4th Qtr 2002\02-0030 Gosford Village\Final Conditions.doc 12
10.
11.
12.
13.
construction superintendent at 661/326-3049 to schedule a site inspection to find out what
improvements may be required.
You must obtain a street permit from the Public Works Department before any work can be
done within the public fight-of-way (streets, alleys, easements). Please include a copy of this
site plan review decision to the department at the time you apply for this permit.
A sewer connection fee shall be paid at the time a building permit is issued. We will base
this fee at the rate in effect at the time a building permit is issued.
The project is subject to the provisions of the National Pollutant Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit
to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-
DWQ) must be filed with the State Water Resources Control Board in Sacramento before the
beginning of any construction activity. Compliance with the general permit requires that a
Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and
always be available for public inspection during normal construction hours.
The developer shall submit a revised comprehensive drainage study for the approval of the
City Engineer. Show all existing and proposed facilities necessary to convey site runoffto
the terminal retention area.
A transportation impact fee for regional facilities shall be paid at the time a building permit is
issued. This fee will be based on a Traffic Study to be submitted for the review and approval
of the City Traffic Engineer.
The developer shall dedicate right of way along the entire frontage of the development on 1)
Gosford Road to the ultimate design width with required fight turn lanes as required by the
City of Bakersfield arterial standards, 2) Harris Road to full collector width with required
right hand turn lanes and 3) Pacheco Road to full local width with required fight tm~s lanes.
As necessary for proper operation and as required by the City Engineer, additional right of
way shall be provided and additional improvements constructed at those intersections at
which traffic signals are to be installed.
14. With the first phase of development, the developer shall:
a) remove existing utility poles and place utility lines underground;
b) construct Pacheco Road full width along the frontage of the site, including curb and
gutter and sidewalk on the north side (the developer may pay to the City of
Bakersfield the cost of construction of the sidewalk in lieu of the actual construction
of the sidewalk);
c) improve Gosford Road to arterial standards north of Pacheco Road to tie into existing
full width improvements;
d) construct drainage improvements necessary to convey site runoff to the terminal
retention area.
13
15.
The applicant is required to form a traffic signal maintenance district for any and all traffic
signals not required by the City Traffic Engineer.
16.
Access points from Gosford Road into the site shall be located so as to not affect the City
owned water well site and required right turn lanes shall be located so as to not affect the
City owned water well site or the developer shall provide compensation for the loss of land
and comply with the following conditions:
The applicant shall provide unobstructed access to the City's well site from Gosford
Road with a drive-through type access into the shopping center. Buildings, curbs or
any other type of obstruction shall not be allowed within the City's new ingress and
egress within the shopping Center adjacent to the well site. The access design is to be
submitted to the Water resources Depart for review and approval. A permanent
easement shall be dedicated to the City.
The existing double steel door to the building shall be moved from the east side of the
building to the west side of the building. This includes all engineering and
construction costs necessary to provide the new building access.
c. A perimeter concrete block wall with gates shall be constructed within the City's
property line.
All existing utilities, landscaping, water lines, metering accessories, and any other
appurtenant equipment or materials shall be relocated at the developer's total
expense. This includes all engineering and construction costs for new and
modification of existing facilities.
e. All plans for new or modification of existing improvements shall be approved by the
City of Bakersfield Water Resources prior to any demolition and/or construction.
17. The developer shall comply with all conditions of GPA/ZC 02-0030 and Parcel Map 10465.
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
Street return type approaches shall have 20' minimum radius returns. All dimensions shall be
shown on the final building plans.
Two-way drive aisles shall be a minimum width of 24 feet. If perpendicular (90°) parking
spaces are proposed where a vehicle must back into these aisles, the minimum aisle width
shall be 25 feet. All drive aisle dimensions shall be shown on the final building plans.
Show the typical parking stall dimensions on the final building plans. Minimum parking stall
dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more
than 2½ feet provided required setbacks along street frontages are maintained, and trees and
shrubs are protected from vehicles as required by the Planning Division.
4. Traffic signals shall be installed and operational at the intersections of Gosford/Harris and
S:\GPA 4th Orr 2002\02-0030 Gosford Village\Final Conditions.doc 14
Fo
Gosford/Pacheco prior to any building occupancy in this project.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
You must contact the staff person noted above before building permits can be issued or
work begins on the property to establish the level and type of service necessary for the
collection of refuse and/or recycled materials. These levels of service are based on how often
collection occurs as follows:
CaD or cart service --
Front loader bin service --
Roll-off compactor service --
1 cubic yard/week or less
I cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
Show on the final building plans 11 (eleven), 10' x 20' (inside dimension) refuse bin
enclosures designed according to adopted city standards (Detail #S-43). Before occupancy
of the building or site is allowed, 44 (forty-four), 3 cubic yard front loading type refuse bins
shall be placed within the required enclosures.
3. Show on the final building plans 5 (five) compactor roll-offbin locations.
Facilities that require infectious waste services shall obtain approval for separate infectious
waste storage areas from the Kern County Health Department. In no instances shall the
refuse bin area be used for infectious waste containment purposes.
Facilities that require grease containment must provide a storage location that is separate
from the refuse bin location. This shall be shown on the final building plans.
Facilities that participate in recycling operations must provide a location that is separate from
the refuse containment area. This shall be shown on the final building plans.
Facilities or tenants that create more than 12 cubic yards of refuse daily are required to use
roll off compactors tbr trash/refuse.
Small pad (tenants) (1-14), refuse service will be arranged for by the developer and shall
utilize common area refuse containment.
Restaurants and fast food tenants shall provide containment areas, and individual grease
containment areas that are separate from the refuse.
10.
Facilities utilizing front loader refuse compactors shall limit the size of the containers to 3
cubic yards or less.
15
EXHIBIT 3
Findings of Fact and Statement of Overriding
Considerations
Introduction
To support a decision on a project for which an Environmental Impact Report
(E1R) is prepared, a Lead or Responsible Agency must prepare written findings
offact foreach significant environmental impact identified in theEIR. Pursuant
to Section 21081 of the Public Resources Code and Section 15091 of the State
CEQA Guidelines, the City of Bakersfield, as the Lead Agency, has prepared
these Findings of Fact for the Gosford Village project. These Findings of Fact
must be adopted by the City Council after certification of the Final EIR and at the
time of approval of the proposed project.
Section 15091 of the CEQA Guidelines provides that no public agency shall
approve or carry out a project for which an EIR has been certified which
identifies one or mom significant enviroumental effects of the project unless the
public agency makes one or more written findings for each of those significant
effects, accompanied by a brief explanation of the rationale for each finding. The
possible findings are:
Changes or alterations have been required in, or incorporated into,
the project which avoid or substantially lessen the significant
environmental effects as identified in the Final EIR.
Such changes or alterations are within the responsibility and
jurisdiction of another public agency and not the agency making the
finding. Such changes have been adopted by such other agency or
can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other
considerations, including provisions of employment opportunities for
highly trained workers, make inl~asible the mitigation measures or
project alternatives identified in the Final EIR.
After considering the Final EiR in conjunction with making findings, the Lead
Agency must not approve the project if it will have a significant effect on the
environment unless the Lead and Responsible Agencies find that the benefits of
the project outweigh the unavoidable adverse environmental effects. CEQA
requires decision makers to balance the economic, legal, social, technological, or
other benefits of a proposed project against its unavoidable environmental risks
Gosford Village November 200z
Findings of Fact 1 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
when determining whether to approve a project. Pursuant to Section 15093 of
the CEQA Guidelines, a Statement of Overriding Considerations has been
prepared for the proposed project.
Project Objectives
The ma}or objectives o£ the proposed project include:
· provide a large-scale retail project in the southwestern portion of the City
that would provide a broad range of goods and services that serve the
existing southwestern metropolitan market area;
· create a mixed-use retail environment anchored by "big box" department
stores that provides goods and services in a "one-stop" shopping
environment; and
· position major nationally recognized retailers in a prominent location to take
advantage of the future planned residential growth in the southwest portion
of the City.
Proposed Project
The proposed project is located in the southwest portion of the City, in west-
central Kern County. The site comprises 73.53 acres, located on the west side of
Gosford Road, between Pacheco Road on the north and Harris Road on the south.
The project site is curmndy a vacant industrial-zoned parcel that was formerly
used for agricultural purposes. The site has been fallow since 1998, and no
agricultural crops or improvements are currently on the project site. The site is
relatively fiat, gently sloping toward the southwest.
The proposed project involves the development of up to 700,000 square feet.
Phase I will include approximately 262,000 square feet of commercial
development, Phase II will include approximately 250,000 square feet, and Phase
[II would comprise the remaining square feet up to a maximum of 700,000
square feet of commercial development within the three phases. The proposed
project would be anchored by several major "big-box" retail tenants, with smaller
retail pads, fast food uses, and a gas station.
Primary access would be provided at several locations, including 5 driveways
along Goslbrd Road, 3 driveways along Pacheco Road, and 4 driveways along
Harris Road. Two of the driveways are proposed at the north and south end of
the property along Pacheco Road and Harris Road, respectively, for truck
delivery and loading/unloading behind the major tenants at the west side of the
property. A total of 3,968 parking spaces (including handicapped spaces) are
proposed as part of the project.
Gosford Village November 2002
Findings of Fact 2 J&s 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Findings
Findings of Fact are based on information contained within a Draft and Final E1R
l'or the proposed Gosford Village project. The Draft EIR addresses the potential
effects on the environment that are associated with the proposed project, and was
made available for public review from September 3, 2002, through October 17,
2002. Comments were received from a variety of public agencies, organizations
and individuals. The Final EiR contains copies of the comments, provides
responses to those comments, and includes an Errata to the Draft E1R with
changes that were made as a result of the comments received on the Draft EIR.
This section provides a summary of the significant environmental effects of the
project that are discussed in the EIR, and provides written findings for each of
those significant effects, accompanied by a brief explanation of the rationale for
each Finding.
Environmental Impacts
Summary of Impacts
The Final EIR indicated that potentially significant impacts to the following
environmental resources would occur if the proposed project is implemented:
· Air Quality
· Biological Resources
· Cultural Resources
· Hazards and Hazardous Materials
· Noise
· Transportation and Traffic
Other environmental impacts were identified and disclosed within the Draft EIR
that could potentially occur, but have been determined to be less than significant.
These findings are presented by environmental resource and are presented
separately for environmental impacts that are potentially significant but mitigated
to less than significant levels, and significant unavoidable environmental
impacts. Where mitigation measures are proposed, these mitigation measures am
included in a Mitigation Monitoring Plan, which has been prepared separately
from these findings. In addition to the mitigation measures that have been
incorporated into the proposed project, several alternatives were identified in
order to attempt to reduce significant environmental impacts associated with the
proposed project.
Gosford Village November 2002
Findings of Fact 3 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Environmental Impacts That Are Mitigated to Less Than
Significant Levels
The following environmental impacts were found to be potentially significant,
but could be reduced to less than significant levels through the implementation of
appropriate mitigation measures.
Biological Resources
Impact
The proposed project could potentially impact the endangered San Joaquin kit
fox, which may range through the project area. Several lengths of six-inch
diameter PVC irrigation pipe were found on the site, which are potentially useful
as San Joaquin kit fox dens. While no species, or signs of the species were
observed onsite, potential impacts could occur because the San Joaquin kit fox
has the potential to be on site
Mitigation
The project applicant shall pay a one-time mitigation fee due and payable to the
City of Bakersfield at the time grading plans am approved or building permits are
issued. The mitigation t~e is currently $1,240 per acre and may be increased to
keep pace with inflation. The mitigation fee shall apply to the project sites in
their entirety.
Prior to construction activities, focused surveys for the San Joaquin kit fox shall
be conducted by a qualified biologist to determine if any known kit fox dens are
located on the project sites. If an active den is not found, no further mitigation
would be necessary. However, if an active den is present, kit foxes shall be
relocated by a qualified biologist using DFG- and USFWS-approved methods. If
the biologist determines that the relocation is not practicable, he or she shall
destroy the den according to DFG- and USFWS-approved methods to allow the
foxes to relocate on their own. Results of the surveys shall be provided to the
DFG.
Findings
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Cultural Resources
Impact 1
Buried cultural resources that were not identified during field surveys could be
inadvertently unearthed during ground-disturbing activities, which could result in
the demolition or substantial damage to significant cultural resources.
Gosford Village November 2002
Findings of Fact 4 o&s 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Mitigation
Stop work if cultural resources are discovered during ground-disturbing
activities. If buried cultural resources, such as chipped or ground stone, historic
bottles or ceramics, building foundations, or non-human bone are inadvertently
discovered during ground-disturbing activities, work will stop in that area and
within 100 feet of the find until a qualified archaeologist can assess the
significance of the find and, if necessary, develop appropriate treatment
measures. Treatment measures typically include development of avoidance
strategies, capping with fill material, or mitigation of impacts through data
recovery programs such as excavation or detailed documentation.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form ora mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible and
is therefore adopted.
Impact 2
Buried human remains that were not identified during field surveys could be
inadvertently unearthed during excavation activities, which could result in
damage to these human remains.
Mitigation
If human remains of Native American origin are discovered during project
construction, it is necessary to comply with state laws relating to the disposition
of Native American burials, which fall within the jurisdiction of the Native
American Heritage Commission (Pub. Res. Code Sec. 5097). If any human
remains are discovered or recognized in any location other than a dedicated
cemetery, there will be no further excavation or disturbance of the site or any
nearby area reasonably suspected to overlie adjacent human remains until:
a. the coroner of Kern County has been informed and has determined that
no investigation of the cause o1' death is required; and
b. if the remains are of Native American origin,
1) the Native American Heritage Commission was unable to identify a
descendant or the descendant failed to make a recommendation
within 24 hours after being notified by the commission, or
2) the descendants of the deceased Native Americans have made a
recommendation to the landowner or the person responsible for the
excavation work for means of treating or disposing of, with
appropriate dignity, the human remains and any associated grave
goods as provided in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at
one location constitute a cemetery (Section 8100) and disturbance of Native
American cemeteries is a felony (Section 7052). Section 7050.5 requires that
Gosford Village November 2002
Findings of Fact 5 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
construction or excavation be stopped in the vicinity of discovered human
remains until the coroner can determine whether the remains are those of a
Native American. If the remains are determined to be Native American, the
coroner must contact the California Native American Heritage Commission.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Hazards and Hazardous Materials
Impacts
Impacts from hazardous materials associated with former activities onsite and in
the surrounding area could potentially be released during construction of the site.
Excavation and site preparation activities during construction of the proposed
project could present hazards to construction workers. The site could contain
potentially contaminated soils and other potentially hazardous objects.
Additionally, there is a slight possibility that additional hazardous materials not
previously identified during the site survey may exist without having been
reported or surveyed.
Mitigation
Prior to any onsite construction activities, any stained soils observed in the
Preliminary Hazards Study shall be assessed by a licensed engineer or geologist
approved by the Director of Environmental Services. All stained soil shall be
cleaned and properly disposed of per the requirements set forth in the applicable
federal, state, and local laws.
Prior to any onsite construction activities, soils shall be sampled and analyzed by
a licensed engineer or geologist approved by the Director of Environmental
Services to determine the level of pesticide residue. If residue is found to be
within acceptable DTSC standards, construction may begin. If residue is found
to be greater than DTSC standards, all contaminated soils exceeding the
acceptable limits shall be re~nediated and/or properly disposed of per DTSC
requirements.
If previously unidentified hazardous materials are discovered, all work would
stop immediately and Health and Safety procedures shall be implemented.
Procedures shall include, al a minimum, evacuation of the site and/or threatened
area, and notification actions, and emergency medical treatment if needed.
Notification shall include but not be limited to the following agencies: the City
of Bakersfield, DTSC, the City and County Fire Departments, and the Regional
Water Quality Control Board (RWQCB). Evaluation and a determination
regarding the type of contamination encountered and best course of action would
be determined by the ranking official and required remediation measures shall be
implemented.
Gosford Village November 2002:
Findings of Fact 6 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Noise
Impact
impacts from construction-related noise could potentially affect surrounding
sensitive receptors, namely residents in the Campus Park and Silver Creek
developments, if nighttime construction were to occur.
Mitigation
Limit Hours of Construction Activities. Construction activities shall be limited to
the hours between 6 a.m. to 9 p.m. on weekdays and 8 a.m. to 9 p.m. on
weekends. Permits may be granted for construction activities different from the
above in accordance with the above, by the City Manager for public health and
safety reasons per the City of Bakersfield noise ordinance. These provisions to
construction duration shall be required for any construction activity within 1,000
feet of a residential dwelling.
Locate equipment as far from noise-sensitive receptors as practicable. All
stationary noise-generating equipment, such as pumps and generators, will be
located as far as possible from nearby noise-sensitive receptors, as practicable.
Where practicable, noise-generating equipment will be shielded from nearby
noise-sensitive receptors by noise-attenuating buffers such as structures or haul
truck trailers. Stationary noise sources located less than 200 feet from noise-
sensitive receptors will be equipped with noise-reducing engine housings.
Portable acoustic barriers will be placed around noise-generating equipment
located within 200 feet of residences. Water tanks and equipment storage,
staging, and warm-up areas will be located as far from noise-sensitive receptors
as possible.
Use sound~control devices on combustion powered equipment. All construction
equipment powered by gasoline or diesel engines will be required to have sound-
control devices at least as effective as those originally provided by the
manufacturer; no equipment will be permitted to have an unmuffled exhaust.
Shield/shroud any impact tools. Any impact tools used during demolition of
existing infrastructure will be shrouded or shielded.
Shut off machinery when not in use. Mobile noise-generating equipment and
machinery will be shut off when not in use.
Use shortest traveling routes, when practicable. Construction vehicles accessing
the site will be required to use the shortest possible route to and from local
freeways, provided the routes do not expose additional receptors to noise.
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City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Disseminate essential information to residences and implement a complaint
response/tracking program. Residences within 500 feet of the construction area
will be notified of the construction schedule in writing, prior to construction.
The project applicant and the construction contractor will designate a noise
disturbance coordinator who will be responsible for responding to complaints
regarding construction noise. A contact telephone number for the noise
disturbance coordinator will be conspicuously posted construction site fences and
will be included in the written notification of the construction schedule sent
nearby residents.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form ora mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Transportation and Traffic
Impact
The proposed project would increase traffic in relation to the existing traffic load
and capacity of the street system. The additional project-generated trips would
result in additional delays and would affect performance at six intersections
during the peak hours for various phases of the project buildout. Additionally,
the proposed project would increase existing daily traffic volumes along local
roadways by up to 21,546 daily trips. The additional vehicle trips would affect
the operating conditions of local roadways by increasing the number of vehicles
traveling along these roadways, diminishing the capacity of the roadways, and in
some cases resulting in an exceedance of the roadways' capacity. One roadway
segment would experience traffic volumes in excess of its environmental
capacities associated with implementation of the proposed project--Gosford
Road, from Harris Road to Panama Lane in Year 2004.
Mitigation
Fund Signal, Intersection, and Roadway Improvements. Prior to issuance of
building permits, the developer shall provide his or her fair share funding toward
the following and all applicable improvements listed in Table 6 and Table 10 of
the Traffic hnpact Study (Appendix K of the Gosford Village Final EIR-
SCH#2002051 t56). At the time of building permit issuance, the developer's
funding calculations for all improvements associated with project-related impacts
shall be verified and submitted to the City for review and approval. The
following improvements shall be funded:
Traffic Signals
[] Ashe Road and Harris Road
[] Panama Lane and Ashe Road
[] Gosford Road and Harris Road
Gosford Village November 2002:
Findings of Fact 8 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Intersection Improvements
c.l Taft Highway and Gosford Road (4-Way Stop)
Ming Avenue and Gosford (Add SE WL, WR, and SL)
White Lane and Stine Road (Add EL and WL)
White Lane and Buena Vista Road (Add NT and ST)
White Lane and Ashe Road (Ass EL and WL)
Panama Lane and Ashe Road (Add ET)
· Segment Improvements
t2 Panama Lane - Ashe Road to Stine Road (Improve to 4-lane, undivided)
Implement Intersection improvement Measures for the Proposed Project. Prior
to issuance of any building permit, the developer shall provide the City of
Bakersfield with a phasing plan. The developer shall install the following
intersection and roadway segment improvements prior to the completion of the
constructed phase, i.e., total square feet of Gross Leaseable Floor Area (GLFA),
as specified below. The project will be constructed in tnultiple phases. The first
phase, Phase One, consists of a total of 262,033 square feet of Gross Leaseable
Floor Area (GLFA). Phase Two consists of 250,403 square feet of GLFA, for a
cumulative total of 512,436 square feet of GLFA. Phase Two improvements are
therefore triggered prior to the issuance of a building permit when the cumulative
square footage for the project exceeds 512,436 square feet of GLFA. To ensure
that the remaining required improvements are installed prior to final buildout, the
final phase shall be established at half of the remaining square feet of GSLA.
Therefore, Phase Three implementing improvement measures shall be triggered
prior to the issuance of a building permit when the cumulative square footage for
the project exceeds 606,218 square feet of GLFA. The developer shall be
responsible for his or her fair share costs of improvements.
For the improvements required for Phases Two and Three, the developer has the
option to prepare a traffic analysis, to be reviewed and approved by the City
Engineer, fo determine if the improvements tied to the completion of that phase
are still required at that time. If any of the improvements are required at a future
year, the developer has the option to complete that improvement with the Phase,
or to enter into an agreement with the City to construct that improvement in that
future year, and post approved security for the cost of the improvement. If the
developer is unable to proceed with the construction of any of these required
improvements because of the inability to obtain off site right-of-way, then he or
she shall pay to the City the up-front costs for eminent domain proceedings and
enter into an agreement and post security for the purchase and improvement of
said right of way.
· Signalization
rn Gosford and Harris Road. Prior to the completion of Phase One
(262,033 sq. ft. of GLFA), the developer shall install a traffic signal and
add South bound Left.
Gosford and Pacheco Road. Prior to the completion of Phase Two
(512,436 sq. ft. of GLFA), the developer shall install a traffic signal.
Gosford Village November 2002
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City of Bakersfield Findings of Fact and Statement of Overriding Considerations
~ Gosford and Main Project Entrance. Prior to the completion of Phase
Two (512,436 sq. ft. of GLFA), the developer shall install a traffic
signal.
Panama and Gosford. Prior to the completion of Phase Two (512,436 sq.
ft. of GLFA), the developer shall install a traffic signal.
· Intersection Improvements
rn Gosford Road and Harris Road. Prior to the completion of Phase One
(262,033 sq. ft. of GLFA), the developer shall add southbound left turn
lane.
~ White Lane and Gosford Road. Prior to the completion of Phase Three
(606,218 sq. ft. of GLFA), the developer shall provide overlapping right
turns for West bound right and East bound right turn lanes.
Ashe Road and Harris Road. Prior to the completion of Phase Three
(606,218 sq. ft. of GLFA), the developer shall add East bound left turn
lane.
· Segment Improvements
Gosford Road - From Harris Road to Panama Lane. Prior to the
completion of Phase One (262,033 sq. ft. of GLFA), the developer shall
improve this roadway segment to 4-lane undivided.
Finding
Changes or alterations have been incorporated into the project, which avoid or
substantially lessen the significant environmental effects. These changes are
identified in the form of a mitigation measure as presented above. The City
hereby finds that implementation of the mitigation measure above is feasible, and
is therefore adopted.
Significant Unavoidable Environmental Impacts
Air Quality
Impact
The proposed project would result in the violation of air quality standards or
substantial contribution to an existing or projected air quality violation from
constructioB and operation of the proposed project.
Construction of the project would result in the temporary generation of emissions
of ROG, NOx, and PM~0. Construction-related emissions would result from
construction equipment exhaust, construction employee vehicle exhaust, dust
I'rom land clearing, wind erosion of exposed soil, and volatile organic compound
(VOC) emissions from painting, and asphalt paving. Emissions from
architectural coatings exceed the SJVUAPCD's ROG threshold of 10 tons per
year. Consequently, this impact is considered significant and unavoidable.
Gosford Village November 2002
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City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Long-term operational emissions would occur as a result of the vehicle trip
generation to the project site, area source emissions from fuel and personal
product use, and use of electricity and natural gas. Emissions resulting from
project operations will exceed the SJVUAPCD's ROG and NOx thresholds of 10
tons per year. Consequently, this impact is considered significant and
unavoidable.
The proposed project would also contribute to cumulatively considerable air
quality impacts from increases in ozone precursor (ROG and NOx).
Mitigation
Prior to approval of a grading plan, the project applicant shall submit a letter to
the City of Bakersfield Planning Department t'rom SJVUAPCD stating the dust
suppression measures that shall be completed during construction activities to
comply with the SJVUAPCD Regulation VIII.
In addition to compliance with Regulation VIII, the following measures shall be
incorporated into building plans and implemented during construction activities
to further reduce fugitive dust emissions associated with the project.
· Cover all access roads and parking areas with asphalt-concrete paving.
· Ensure that asphalt-concrete paving complies with SJVUAPCD Rule 4641
and restrict the use of' cutback, slow-cure, and emulsified asphalt paving
materials.
· Use water sprays or chemical suppressants on all unpaved areas to control
fugitive dust emissions.
· Enclose, cover, or water all stockpiled soils to reduce fugitive dust emissions.
· Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period~ and when dust is entrained at a level greater than the
maximum 20% opacity).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at
the construction site.
· Cover all haul trucks when transporting loads of soils.
· Wash off construction and haul trucks to minimize the removal of mud and
dirt from the project site.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and usc of transit transportation for construction
employees commuting to the project site.
· Use electric equipment for construction whenever possible instead of fossil
fuel-fired equipment.
These projects will be required to comply with Title 24 of the California Code of
Regulations regarding energy conservation standards. The applicant shall
incorporate these requirements, along with the following mitigation measures,
into the building plans:
Gosford Village November 2002
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City of Bakersfield Findings of Fact and Statement of Overriding Considerations
· Use Iow-NOx emission water heaters.
· Provide shade trees to reduce building cooling requirements consistent with
the current landscaping ordinance requirements.
· Install energy-efficient and automated air conditioners.
· Exterior windows should all be double-paned glass.
· Energy-efficient metal halide parking lights will be used.
· Use EPA-approved wood burning stoves, fireplace inserts, or pellet stoves
instead of conventional fireplaces.
Finding
Changes or alterations in the form of' mitigation measures have been incorporated
into the project, which lessen the significant environmental effects, but not to less
than significant levels. These impacts remain significant and unavoidable. The
City hereby finds that it is technologically infeasible to implement the mitigation
measures identified in the EIR.
Alternatives to the Proposed Project
Alternative lA. No Project/No Build Alternative
Under the No ProjecdNo Build Alternative, the proposed project would not be
constructed, and the project area would remain in its current vacant condition.
Agricultural operations would not resume due to low profitability and constraints
on pursuing operations caused by the proximity to residential and other urban
land uses. The existing SI (Service Industrial) General Plan land use designation,
and M-2 (General Manufacturing) zoning would be retained, but no development
would occur.
Finding
The City hereby finds that the No Project/No Build Alternative is infeasible
because it does not meet the project objectives, and would not provide the
benefits of a regional commercial center in the southwest portion of the City of
Bakersfield. These considerations make this project alternative infeasible.
Alternative lB. No Project/Reasonably Foreseeable
Development Alternative
Under the No Project/Reasonably Foreseeable Development Alternative, the
proposed commercial development project would not be constructed, and the
project area would be developed according to future predictable uses of the land.
Based on the current General Plan and Zoning designations, the site would likely
be developed with approximately 1,281,187 square feet of industrial
development.
Gosford Village November 2002
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City of Bakersfield Findings of Fact and Statement of Overriding Considerations
Finding
The City hereby finds that the No Project/No Build Alternative is infeasible
because it does not meet the project objectives, and would not provide the
benefits of a regional commercial center in the southwest portion of the City of
Bakersfield. Additionally, this alternative is considered infeasible based on
environmental considerations, as this alternative is expected to result in
significantly greater environmental impacts if an industrial facility were to be
developed at the magnitude allowed. These considerations make this project
alternative infeasible.
Alternative 2. Reduced Development Intensity
The Reduced Development Intensity Alternative involves construction and
operation of a commercial retail project at a reduced scale from the proposed
project. Given that the only significant and unavoidable environmental impact is
associated with long-term operational air quality effects from automobile trips,
the intent of this alternative is to avoid these significant operational air emissions
associated with the proposed project. Under the proposed project, NOx would be
exceeded by approximately 34 tons per year. To reduce long-term air quality
emissions to a level that is less than significant, no more than 10 tons of ROG or
NOx could be generated in one year. As a result, NOx would need to be reduced
by approximately 24 tons per year so that no significant NOx emissions would be
generated. In order to accomplish this, the project scale would need to be
reduced to approximately 200,000 square feet of commercial retail development.
This alternative assumes the development of approximately 200,000 square feet
of retail commercial development on approximately 20 acres of the property,
with the remainder of the property being left undeveloped.
Finding
The City hereby finds that this alternative does not meet the project objectives
and is therefore infeasible. This alternative would not provide a commercial
center of "regional" scale and would not allow development of the entire site,
thereby making the project economically infeasible from the project applicant's
perspective. These considerations make this project alternative infeasible.
Gosford Village November 2002
Findings of Fact 1 3 J&S 02201
City of Bakersfield Findings of Fact and Statement of Overriding Considerations
EXHIBIT 4
Statement of Overriding Considerations
Pursuant to Section 15093 of the CEQA Guidelines, the City must balance the
benefits of the proposed project against unavoidable environmental risks in
determining whether to approve the project.
The proposed project would result in significant unavoidable impacts to air
quality. Findings of Fact have been developed, which provide that mitigation
measures and/or alternatives to the proposed project that would substantially
reduce or avoid these significant impacts am infeasible.
The proposed project offers several benefits that outweigh the unavoidable
adverse environmental eflbcts of the project. These benefits include the
following
· The project fills a need for large urban retail center within the City of
Bakersfield,
· The project provides a safe, accessible, and nearby retail shopping for broad
local and regional use and enjoyment,
· The project provides a geographically connected urban development from the
residential development directly north and south of the project site,
· The project provides improvement of infrastructure,
· The project provides development of vacant underutilized former agricultural
parcel.
· The project provides a less intensive development density than land use
zoning currently designated.
The City hereby finds that the benefits of establishing a retail shopping center
onsite for the local and regional community are considered to outweigh the
unavoidable adverse environmental effects to air quality, which are therefore
considered acceptable.
Gosford Village November 2002
Findings of Fact 14 J&S 02201
EXHIBIT 5
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