HomeMy WebLinkAboutRES NO 188-03RESOLUTION NO. 1 88'" 0 8
RESOLUTION UPHOLDING THE DECISION OF
THE PLANNING COMMISSION APPROVING
THE NEGATIVE DECLARATION AND
TENTATIVE PARCEL MAP 11010, AND
DENYING THE APPEAL BY MCINTOSH AND
ASSOCIATES.
WHEREAS, in accordance with the procedure set forth in the provisions of Title 16 of
the Municipal Code of the City of Bakersfield, Mclntosh and Associates, filed an appeal of the
Planning Commission's decision relative to Tentative Parcel Map 11010 made during the
Commission's regular meeting of September 4, 2003; and
WHEREAS, on September 4, 2003, the Planning Commission adopted Resolution No.
127-03 approving a Negative Declaration with mitigation measures and approving Tentative Parcel Map
11010 with conditions of approval; and
WHEREAS, Mclntosh and Associates, the appellant, filed a written appeal stating
objection to approval of Tentative Parcel Map 11010; and
WHEREAS, the City Council, through the City Clerk, set the time and place of the
hearing as WEDNESDAY, OCTOBER 22, 2003, in the Council Chambers of City Hall, 1501 Truxtun
Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council
on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of
the Bakersfield Municipal Code; and
WHEREAS, the Council of the City of Bakersfield, conducted and held a public
hearing on WEDNESDAY, OCTOBER 22, 2003, to consider the appeal; and
WHEREAS, testimony was heard during the public hearing; and
WHEREAS, Tentative Parcel Map 11010 is generally located on the north side of
Hageman Road, between Landco and Knudsen Drives as shown on attached map labeled Exhibit "B,"
which consists of one sheet; and
WHEREAS, proposed Tentative Parcel Map 11010 consists of 6 parcels for purposes
of commercial development on 14.49 acres, zoned C-2 (Regional Commercial) zone, as shown on
attached map labeled Exhibit "C," which consists of one sheet; and
WHEREAS, the application for Tentative Parcel Map 11010 was deemed complete
on August 7, 2003; and
WHEREAS, the above described project site is a portion of previously approved
General Plan Amendment and concurrent Zone Change No. 99-0482 for which the "Kyle Cater and the
North of the River Sanitation District EIR (GPA/ZC #99-0482)" was certified; and
ORIGINAL
WHEREAS, a Statement of Overriding Considerations was adopted for General Plan
Amendment and concurrent Zone Change Ne. 99-0482 related to air quality impacts; and
WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's
CEQA Implementation Procedures, have been duly followed by city staff and the Planning
Commission; and
WHEREAS, for the above described project, an initial study was conducted and it was
determined that the proposed project would not have a significant effect on the environment and a
Negative Declaration was prepared at least 20 days prior to the public hearing before the Planning
Commission, in accordance with CEQA; and
WHEREAS, the facts presented in the staff report and evidence at the above referenced
public hearings support the findings contained in this resolution; and
WHEREAS, recommended mitigation measures reduce impacts to aesthetics/light and
glare, air quality, biological resources, cultural resources, geology/soils, human health/risk,
service/utilities and traffic to less than significant levels; and
WHEREAS, said mitigation measures have been incorporated into the project as
conditions of approval listed in attached Exhibit "A"; and
WHEREAS, the applicant has agreed to all conditions of approval, including mitigation
measures; and
WHEREAS, the Council has considered and hereby makes the following findings:
All required public notices have been qiven. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and
published in a local newspaper of general circulation at least 20 days prior to the
hearing.
The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared and a Negative Declaration was prepared and duly
noticed.
A Negative Declaration for the proposed prelect is the appropriate environmental
document to accompany proiect approval. In accordance with CEQA, staff prepared
an initial study for the proposed project and indicated that because mitigation
measures relating to aesthetics/light and glare, air quality, biological resources,
cultural resources, geology/soils, human health/risk, services/utilities and traffic have
been incorporated into the project, the project will not significantly impact the
physical environment.
Urban services are available for the proposed development. The project is within an
area to be served by all necessary utilities and waste disposal systems.
Improvements proposed as part of the project will deliver utilities to the individual lots
or parcels to be created.
ORJGINAL
The proposed subdivision, together with the provisions for its desiqn and
improvement, is consistent with the General Plan. (Subdivision Map Act 66473.5)
The proposed density and intensity of development are consistent with the
commercial land use classification on the property. Proposed road improvements
are consistent with the Circulation Element. The overall design of the project, as
conditioned, is consistent with the goals and policies of all elements of the general
plan.
The proiect must be qranted a "de minimis: exemption with respect to the payment of
Fish and Game Section 711 fees. Based on the absence of 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, 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 of the State of California Fish
and Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-referenced absence of evidence in the record and the Lead Agency's decision
to prepare a Negative Declaration for this project.
Mineral riqht owners' siqnatures may be waived on the final map pursuant to BMC
16.20.060 B. 1. The applicant has provided evidence with the project application that
it is appropriate to waive mineral right owner's signatures because in accordance
with BMC Section 16.20.060 B.I., the party's right of surface entry has been
expressly waived by recorded document as indicted in the preliminary title report.
Bakersfield as
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The Negative Declaration is hereby approved.
3 The decision of the Planning Commission to approve Tentative Parcel Map 11010
is upheld.
4. The appeal is denied.
5. Tentative Parcel Map 11010 is hereby approved, subject to the mitigation
measures and conditions of approval shown in attached Exhibit "A."
......... o0o ........
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 OCT ~.2 2003 , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTH~ CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED 00T 22 20§3
Mayor of the City of BakerSfield
APPROVED as to form
BART J. THILTGEN
City Attorney
Exhibits:
A. Conditions of Approval
B. Location Map
C. Tentative Parcel Map 11010
October 9, 2003
4
EXHIBIT "A"
TENTATIVE PARCEL MAP 11010
CONDITIONS OF APPROVAL
PUBLIC WORKS
EIR mitigation measures/conditions of approval included in City Council Resolution #100-00
(General Plan Amendment) and Zone Change Ordinance # 3977 for General Plan
Amendment/Zone Change #99-0482 shall be incorporated herein. (Noted as "Mitigation" after
applicable PWD condition listed below.)
Prior to recordation of the parcel map, the subdivider shall
2.1. submit an enforceable, recordable document approved by the City Attorney to be recorded
concurrently with the Final Parcel Map which will prohibit occupancy of any parcel until all
improvements have been completed by the subdivider and accepted by the City.
2.2. ensure that each cable television company provides notice to the City Engineer of its
intention to occupy the utility trench.
3. Prior to recordation of the parcel map, all improvement plans shall be reviewed and approved by
the City Engineer.
Concurrently with recordation of the parcel map, the following covenant shall be recorded by the
property owner: a covenant containing information with respect to the addition of this subdivision
to the consolidated maintenance district. Said covenant shall also contain information pertaining
to the maximum anticipated annual cost per parcel for the maintenance of landscaping associated
with this parcel map. Said covenant shall be provided to each new property owner through
escrow proceedings.
5. Install 200 watt street light for arterial and collector streets. Prior to recordation of the first final
map, submit a street lighting plan.
The recommendations of the traffic study contained in the Draft EIR on pages 1-6 through 1-8
concerning the need for supplemental traffic analysis shall apply to each new phase of project
development. Items (a) through (d) recommend more detailed analysis which couldn't be
performed at the time of the study. These would include, but not be limited to, (a) assessing the
mitigation needs for major intersections such as Hageman Rd. at Mohawk St., Hageman Rd at
Landco Dr. and Mohawk St. at Krebs Rd. (2) Assessing needs for various road improvements,
and (3) assessing the phasing and timing of various mitigation improvements. (Mitigation).
Subdivider is required to submit a supplemental traffic analysis and implementation of
all recommended mitigation conditions associated therewith.
7. Install traffic signal interconnect conduit with pull rope on Hageman Road.
8. Provide a sewer study and provide sewer service to each parcel.
Jeng I S:iTRACTSilOIOtcciExhA.DOC
10/27/2003
Concurrently with recordation of the parcel map, the following covenants shall be recorded by the
property owner:
9.1. a covenant containing information with respect to the addition of this subdivision to the
consolidated maintenance district. Said covenant shall also contain information pertaining to
the maximum anticipated annual cost for the maintenance of landscaping associated with this
subdivision. Said covenant shall be provided to each new property owner through escrow
proceedings.
ORIGINAl.
Exhibit "A"
TPM 11010
Page 2 of 13
10. This is a phased project. Pdor to submission of improvement plans, the applicant shall provide a
phasing plan. Prior to recordation of Phase 2, the parcel map will reflect the most recently
adopted alignment of Landco Drive
11. The phasing map to be submitted may be unbalanced (or is to be balanced) with respect to the
required improvements along the tract frontages. Therefore, in order to promote orderly
development, each phase shall be responsible for an equal dollar amount of frontage
improvement. Prior to recordation of a final map for any phase that does not construct its share of
the improvements, the difference between the cost of the frontage improvements constructed and
the phase share shall be placed into an escrow account. The money deposited in this account
would be for the use of the developer of any future phase responsible for more than its share of
improvements. The final per lot share will be based upon an approved engineer's estimate. In
lieu of the use of an escrow account, the developer may choose to construct with each phase its
proportionate share of the frontage improvements, with approval of the City Engineer
12. With phase 1,
12.1 construct to City standards all street improvements including curb & gutter, street paving,
drainage improvements, and sidewalk on Knudsen Drive and Hageman Road fronting the
subdivision and on all streets within the subdivision; and
12.2 provide additional dedication and construct two lanes on that portion of Knudsen Ddve
north of the Parcel Map to Olive Drive not within the subdivision; and
12.2.1 if the subdivider is unable to obtain the required dght of way, then he 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, or those costs may be paid for by traffic impact fees.
13 With the phase fronting Landco Drive, censtruct to City standards all street improvements
including curb & gutter, street paving, drainage improvements, and sidewalk on Landco Drive.
14 Provide proof of adequate sump capacity in TR 6013.
15
On and off site road improvements are required from any collector or arterial street to provide left
turn channelization into each street (or access point) within the subdivision (or development).
Said channelization shall be developed to provide necessary transitions and deceleration lanes
to meet the current CalTrans standards for the design speed of the roadway in question.
16 Access to Knudsen Drive and Landco Drive shall be limited per city standards and specific
locations to be determined at the time of plan review.
17 A waiver of direct access rights from all abutting parcels to Hageman shall be required.
18 Municipal sewer, water, gas, electrical, telephone, and Cable TV services shall be provided for
each parcel in accordance with Section 16.32.060 B of the Municipal Code.
19 Approval of this tentative map does not indicate approval of grading, drainage lines and
appurtenant facilities shown, or any variations from ordinance, standard, and policy requirements
which have neither been requested nor specifically approved.
20 The following improvements shall be implemented off-site in conjunction with the proposed
development (Mitigation):
Jeng / S:ITRACTSt lOIOk:~clExhA.DOC
lO~7/'2oo3 ORIG~NA£
Exhibit "A"
TPM 11010
Page 3 of 13
Krebs Road shall be constructed adjacent to the project site at its ultimate half-section
width as a Collector (2 lanes undivided) in conjunction with development.
Mohawk Street shall be constructed adjacent to the project site (south of Hageman Road)
at its ultimate half-section width as an Arterial (4 lanes divided) in conjunction with
development.
Landco Road shall be constructed adjacent to the project site (north of Hageman Road) at
its ultimate cross-section width as a Arterial (4 lanes divided) in conjunction with
development.
Hageman Road shall be constructed adjacent to the project site (west of Mohawk Street)
at its ultimate half-section width as an Arterial (6 lanes divided) and as an Arterial (4 lanes
divided) east of Mohawk Street in conjunction with development.
21. Traffic signing/striping within the project boundaries shall be implemented in conjunction with detailed
construction plans for the project (Mitigation).
22. Sight distance at each intersection shall be reviewed with respect to Caltrans/City of Bakersfield sight
distance standards at the time of preparation of final grading, landscape and street improvement
plans (Mitigation).
23. Opening day mitigation measures found in the above 21. and 22.shall be required to be implemented
with the first phase of the development (Mitigation).
24. The project shall participate through payment of fees in the phased construction of off-site roadway
improvements and traffic signals for the Year 2020 as follows (Mitigation):
Olive Drive
Knudsen Drive to Roberts Lane
· Six lanes divided
Hageman Road
West of Patton Way to Mohawk Street
Six lanes divided
Mohawk Street to SR-204 Freeway
Four lanes divided
Rosedale Highway (SR-58)
West of Patton Way to Mohawk Street
Six lanes divided
Mohawk Street east to Oak Street
Eight lanes divided
Fruitvale Avenue
Hageman Road to Rosedale Highway (SR-58)
Four lanes divided
Mohawk Street
Hageman Road to Rosedale Highway (SR-58)
Four lanes divided
South of Rosedale Highway (SR-58) Six lanes divided
Jeng / S:ITRACTSt lOIOtcctExhA.DOC
10/27/2003
Exhibit "A"
TPM 11010
Page 4 of 13
Landco Road
Oliva Drive to Hageman Road
· Four lanes divided
Hageman Road to Rosedale Highway (SR-58)
Four lanes undivided
Gibson Street
Gilmore Avenue to Rosedale Highway (SR-58)
· Two lanes divided
Buck Owens Boulevard
SR-204 Freeway to Rio Mirada Drive
Six lanes divided
25. The traffic signals required within the study area at buildout shall specifically include an interconnect
of the signals to function in a coordinated system.
26. The project shall contribute on a pre-rata basis to the construction of ultimate intersection lane
requirements for Year 2020 as follows:
Patton Way (NS) at:
Olive Drive (EW)
Traffic signal
Hageman Road (EW)
Traffic signal
Eastbound left turn lane
Eastbound through lane
· Westbound through lane
Rosedale Highway - $R-58 (EW)
Traffic Signal
Fruitvale Avenue (NS) at:
Olive Drive (EW)
Northbound right turn overlap
Hageman Road (EW)
· Northbound left turn lane
Northbound through lane
Northbound right turn overlap
Southbound left turn lane
Southbound right turn overlap
Eastbound dual through lane
Westbound through lane
Krebs Road (EW)
Traffic signal
· Northbound through lane
· Southbound through lane
Downing Avenue (EW)
Traffic signal
Northbound through lane
Southbound through lane
Jeng / S: I TRAC TSI I O I O~cc~ExhA.DOC
10/27,/2003
ORIGINAl.
Exhibit "A"
TPM 11010
Page 5 of 13
Rosedale Highway - SR-58 (EW)
Southbound left turn lane
Eastbound through lane
Westbound through lane
Mohawk Street (NS) at:
Rosedale Highway - SR-58 (EW) Traffic signal
Northbound dual left turn lane
Northbound dual through lanes
Northbound right turn lane with overlap
Southbound dual left turn lanes
Southbound dual through lanes
Southbound right turn lanes with overlap
Eastbound left turn lane
Eastbound dual through lanes
Eastbound right turn overlap
Westbound left turn lanes
Westbound dual through lanes
Westbound right turn overlap
Landco Road (NS) at:
Rosedala Highway - SR-58 (EW)
Southbound left turn lane
Eastbound left turn lane
Eastbound dual through lanes
Westbound dual through lanes
Knudsen Drive (NS) at:
Norris Road (EW)
· Traffic signal
Northbound shared left turn lane
Olive Drive (EW)
Northbound left turn lane
Northbound right turn overlap
Southbound left turn lane
Eastbound through lane
Westbound left turn lane
Westbound through lane
Gibson Street (NS) at:
Rosedale Highway - SR-58 (EW)
Northbound left turn lane
Southbound left turn lane
· Eastbound left turn lane
· Eastbound dual through lanes
Westbound dual through lanes
Jeng / S:ITRACTStlOIOtcclExhA.DOC
10,'27/2003
ORIGINAL
Exhibit "A"
TPM 11010
Page 6 of 13
SR-99 Freeway SB Ramps (NS) at:
Olive Drive (EW)
Traffic signal
Eastbound through lane
· Westbound through lane
State Road (NS) at:
Ofive Drive (EW)
Eastbound through lane
· Westbound through lane
Roberts Lane (NS) at:
Olive Drive (EW)
Northbound left turn lane
Southbound right turn lane with right turn overlap
Eastbound left turn lane
Eastbound right turn ovedap
Buck Owens Boulevard (NS) at:
Rio Mirada Drive (EW)
Traffic signal
SR-99 Freeway NB Ramps (EW)
Northbound right turn lane
· Southbound right turn lane
· Eastbound left turn lane
Eastbound right turn lane
Westbound left turn lane
Rosedale Highway - SR-58 (EW)
Southbound free right turn lane
Eastbound through lane
· Westbound through lane
Westbound free right turn lane
27. The project shall contribute to off-site improvements in accordance with the Capital Improvement Plan
and establishment of transportation impact fees for the Metropolitan Bakersfield 2010 General Plan
Area (Kern County Resolution 92-196 and 92-195) and (City of Bakersfield Municipal Code 15.84)
(Mitigation).
28. The off-site roadway system shall be improved to roadway classifications as shown on the
Metropolitan Bakersfield General Plan Circulation Element. The implementation of off-site
improvements shall be determined as future entitlements are granted for development in and around
the project area (Mitigation).
29. The developer shall be required to pay his proportionate share of ail the year 2020 mitigation
measures as specified in sections 5.9-2a through 5.9-2c of the DEIR. A fee schedule shall be
prepared by the developer with a requirement for approval prior to recordation of a subdivision map or
final occupancy of any commercial development with fees being paid at time of building permit on a
per unit basis (Mitigation).
Jeng / S:ITRACTStlOIOicclExhA.DOC
10/27/2003
Exhibit "A"
TPM 11010
Page 7 of 13
30. The traffic impact fee schedule shall also include computation of fees for those facilities on the Phase
2 RTIF list which are not included in the improvements specifically listed for Year 2020. These
additional facilities shall include all facilities on the RTIF list within the influence area of the project
which is generally the area bounded by Coffee Road, Norris Road, Roberts Lane, Freeway 99 and
Rosedale Highway. The additional facilities include, but are not limited to, the following:
Olive Drive from Knudsen Drive to Coffee Road
Mohawk Street from California Avenue to Rosedale Highway
Mohawk Street Bridge over the Kern River
Various other signals, bridges, culverts and improvements within the study
area which are on the RTIF list. (Mitigation)
31. Within 60 days of the action of the City Council, submit easement documents for Mohawk Street,
Hageman Road and Knudsen Drive for recordation (Mitigation).
32. Prior to the approval of the first development within GPAJZC P99-0482:
32.1. Submit a sewer study for the area for approval.
32.2. Submit a conceptual drainage study for the area for approval (Mitigation).
33. The project shall comply with all mitigation measures as specified in the DEIR, as well as the
additional mitigation measures as follows (Mitigation):
33.1. Opening Day Mitigation Measures Opening day mitigation measures in sections 5.9-1a
through 5.9-1c of the DEIR should be required to be implemented with the first phase of
development. The traffic analysis based these upon full development of the project with a
study year of 2002. No partial build out was addressed.
33.2.
Cumulative: Year 2020 Mitigation Measures The developer shall be required to pay his
proportionate share of all the year 2020 mitigation measures as specified in sections 5.9-2a
through 5.9-2c of the DEIR. A fee schedule shall be prepared by the developer with a
requirement for approval prior to recordation of a subdivision map or final occupancy of any
commercial development with fees being paid at the time of building permit on a per unit
basis.
33.3.
Regional Transportation Impact Fee (RTIF) Mitigation In order to comply with the last
paragraph of mitigation measure 5.9-2c, the aforementioned fee schedule shall also include
computation of fees for those facilities on the Phase 2 RTIF list which are not included in the
improvements specifically listed for Item 2 above. These additional facilities shall include all
facilities on the RTIF list within the influence area of the project which is generally the area
bounded by Coffee Rd, Norris Rd, Roberts Ln, Fwy. 99 and Rosedale Hwy. The additional
facilities include, but are not limited to, the following:
1 ) Olive Drive from Kundsen Drive to Coffee Road.
2) Mohawk Street from California Avenue to Rosedale Highway.
3) Mohawk Street Bridge over the Kern River.
4) Various other signals, bridges, culverts and improvements within the study area
which are on the RTIF list.
34. At the time of development or division, traffic signal interconnect conduit may be required to be
installed in collector or arterial streets (Mitigation).
Jeng / S:iTRACTSi 1010tcc~ExhA,DOC
10/27./2003
Exhibit "A"
TPM 11010
Page 8 of 13
35. The recommendations of the traffic study contained in the Draft EIR on pages 1-6 through 1-8
concerning the need for supplemental traffic analysis shall apply to each new phase of project
development. Items (a) through (d) recommend more detailed analysis which couldn't be performed
at the time of the study. These would include, but not be limited to, (1) assessing the mitigation
needs for major intersections such as Hageman Rd. at Mohawk St., Hageman Rd. at Landco Dr. and
Mohawk St. at Krebs Rd, (2) assessing needs for various road improvements, and (3) assessing the
phasing and timing of various mitigation improvements (Mitigation).
PLANNING
36. This subdivision shall comply with all provisions of the Bakersfield Municipal Code, and applicable
resolutions, policies and standards in effect at the time the application for the subdivision map was
deemed complete per Government Code Section 66474.2.
37. 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 CEQA approval or 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 are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling 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.
38. Prior to filing a final map, located within one-quarter mile of any unlined canal, the subdivider shall
construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and
Engineering Design Manual Standard D - 12 (aka $-10)including concrete curb, and approved by
the City Engineer as measured from highest adjacent grade. The concrete curb may be waived
subject to Planning Director approval. The canal fence may not be bonded or secured.
Temporary fence may be approved in accordance with BMC Section 16.32.060 B.8.e.
Requirement required canal fencing to satisfy BMC Section 16.32o060 B.8. c and based on a finding to
provide for the public health, safety and welfare.
Jeng / S:iTRACTS[ IOIO~cclExhA,DOC
10/2 7/2~03
ORIGINAL
Exhibit "A"
TPM 11010
Page 9 of 13
Mitigation Measures for Vesting Tentative Parcel Map 11010
(from General Plan Amendment/Zone Change No. P99-0482)
AESTHETICS/LIGHT AND GLARE
39.Construction equipment staging areas shall be located away from existing residential uses and
appropriate screening (i.e., temporary fencing with opaque material), shall be used to buffer views of
construction equipment and material, when feasible. Staging location shall be indicated on project
Final Development Plans and Grading Plans.
AIR QUALITY
40.Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from
the San Joaquin Valley Unified Air Pollution Control Distdct (SJVUAPCD) stating the dust
suppression measures that shall be completed during construction activities in order to comply with
SJVUAPCD Regulation VIII. At a minimum, these measures shall include: the replacement of ground
cover in disturbed areas quickly; proper maintenance of construction equipment; watering of haul
roads two times per day; reduced speeds on unpaved roads of 15 miles per hour or less; and the use
of Iow volatile organic compound asphalt.
41. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial
project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from
the SJVUAPCD stating the measures that shall be completed during asphalt paving in order to
comply with SJVUAPCD Rule 4641.
42. The construction grading plans shall include a statement that all construction equipment shall be
tuned and maintained in accordance with the manufacture's specifications.
43. The construction grading plans shall include a statement that work crews shall shut off construction
equipment when not in use.
44. The project applicant shall incorporate the following in building plans:
Solar or Iow-emission water heater shall be used;
Central water heating systems shall be used;
Double-paned glass shall be used in all windows; and
Energy efficient Iow-sodium lighting in parking areas shall be used.
BIOLOGICAL RESOURCES
45. 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 California Department of Fish and Game
(CDFG) and the United State Fish and Wildlife Service (USFWS) approved methods. If the biologist
determines that relocation is not practicable, he/she shall destroy the den according to CDFG-
approved methods and USFWS-approved methods to allow the foxes to relocate on their own.
Results of the surveys shall be provided to CDFG.
Jeng / S:ITRACT$11OIO~:~c /~SxhA.DOC
10,/27/2003
Exhibit "A"
TPM 11010
Page 10 of 13
46.
Thirty days prior to construction activities, a qualified biologist shall conduct a survey to determine if
the burrowing owl is present on the project sites and the nesting status of any individuals present. If
nesting is not occurring, construction work shall proceed after any owls have been evacuated from
the project sites using CDFG-approved burrow closure procedures. If an active nest is present, to
protect any active burrow site, the following restriction on construction shall be required between
February 1 and June 30 or until nests are no longer active as determined by the project biologist:
clearing limits shall be established by the biologist in any direction from raptor nests/burrows
depending on the species and existing conditions. Results of the surveys and relocation efforts
shall be provided to CDFG.
47.
Thirty days prior to construction activities, a qualified biologist shall conduct a survey to determine if
any raptors are nesting in trees on the project sites. If nesting is not occurring, construction work
shall proceed. If an active nest is present, to protect any active nest/burrow sites, the following
restriction on construction shall be required between February I and June 30 or until nests are no
longer active as determined by the project biologist: clearing limits shall be established by the
biologist in any direction from raptor nests/burrows depending on the species and existing
conditions. Results of the surveys shall be provided to CDFG.
CULTURAL RESOURCES
48. Prior to construction, the project applicant shall implement the following measures as outlined in the
February, 1991 Archaeological Assessment for the project area:
Recorded sites CA-KER-2873 and CA-KER-2874 shall be mapped and surface collected.
Two backhoe trenches (minimum depth: 1.5m. [5 ft.]) and two test units (1 x 2 m.) shall be
placed at each recorded site to determine the presence and content of any intact
subsurface deposit. Further recommendations, if any, will depend on the results of these
tests.
Efforts shall be made to locate, borrow, and record artifacts previously removed from the
project area.
49.
In the event that a material of potential cultural significance is uncovered during grading activities on
the project sites, all grading shall cease and the project applicant shall retain a professional
archaeologist to evaluate the quality and significance of the material. Grading shall not continue
until resources have been completely removed by the archaeologist and recorded as appropriate.
Compliance with this measure is subject to periodic field inspection by the project applicant.
GEOLOGY AND SOILS
50.
Engineering design for all structures shall consider the probability that the project area will be
subjected to strong ground motion during the lifetime of the proposed developments. Construction
plans shall be subject to the City of Bakersfield Municipal Code and shall call for standards which
address horizontal bedrock accelerations of at least 0.24 gravity.
51.
Pursuant to City of Bakersfield Municipal Code Section 16.16.100, prior to site grading or
excavation, the project applicant shall submit to the Engineering Division for review and approval,
an Erosion Control Plan.
Jeng / S:tTRACTS[ IOIOicclExhA.DOC
10/27/2003
ORIGINAL
Exhibit "A"
TPM 11010
Page 11 of 13
HUMAN HEALTH/RISK OF UPSET
52.
Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine
concentrations of pesticide and fungicide residues which may be present within the project site.
Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the
project applicant shall identify and implement remedial action, subject to approval by the City of
Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels.
53.
Pursuant to the Division of Oil, Gas, and Geothermal Resources (Division), active wells which
would remain upon project completion and associated equipment within the project area shall be
enclosed by an eight-foot block wall. Appropriate gates shall be installed and climbable
landscaping around the perimeter of the facility shall be avoided. The inside grade of the facility
shall be constructed so that potential spillage will be confined to the enclosure. Improvements are
the responsibility of the project applicant/developer.
54.
Sufficient access to the existing and abandoned wells shall be maintained in order for the Division
of Oil, Gas, and Geothermal Resources (Division) to investigate the conditions of the wellheads and
check for leakage. If any re-abandonments are required, the Division shall furnish necessary
specifications to the property owner.
55.
If any abandoned or unrecorded wells are uncovered, or damaged during excavation or grading
activities, remedial plugging operations pursuant to Division of Oil, Gas, and Geothermal Resources
requirements would be required.
56. Prior to issuance of building permits, any discovered oil contaminated soil shall be remediated to the
satisfaction of the Local Unified Program Agency (the Office of Environmental Services-Bakersfield
City Fire Department) in conjunction with the State Regional Water Quality Control Board (RWQCB)
and/or California Department of Toxic Substances Control (DTSC).
57. Prior to issuance of grading permits, the project applicant shall provide sufficient evidence that the
existing groundwater well has been properly closed pursuant to the RWQCB requirements.
58.
Prior to issuance of demolition permits, the project applicant shall remove all above ground storage
tanks and oil storage drums from the sewage treatment plant facility. Areas beneath the storage
drums and storage tanks shall be re-inspected to verify if additional staining has occurred. All
reported stained soils as well as newly identified staining shall be tested, removed, and properly
disposed of off-site in accordance with local, state, and federal regulations.
59.
Prior to demolition work, the applicant shall sample structures within the sewage treatment area
(i.e., equipment shed, truck shed, maintenance shop, engine room, and office building) to determine
the presence or absence of Asbestos Containing Materials (ACMs). Any demolition of the existing
buildings shall comply with State law, which requires a contractor, where there is asbestos-related
work involving 100 square feet or more of ACMs, to be certified and that certain procedures
regarding the removal of asbestos be followed.
60.
Jeng / S:ITRACTS11010[cctExhA.DOC
I 0/27/2{~3
If during demolition of the structure, paint is separated from the building material (e.g., chemically or
physically), the paint waste shall be evaluated independently from the building material to determine
its proper management. Should the Lead Based Paint (LBP) materials require disposal, the
applicant shall contact the landfill operator in advance to determine any specific requirements they
may have regarding the disposal of LBP materials.
Exhibit "A"
TPM 11010
Page 12 of 13
61.
All areas with bare soil exposed as a result of grading activities shall be landscaped at the earliest
time possible or stabilized by watering when winds exceed 25 miles per hour in order to reduce the
potential inhalation of spores causing Valley Fever.
SERVICES AND UTILITIES
62.
An approved water supply system capable of supplying required fire flow for fire protection
purposes shall be provided to all premises upon which buildings or portions of buildings are
constructed. The establishment of gallons-per-minute requirements for fire flow shall be based on
the "Guide for Determination of Required Fire Flow" published by the Insurance Service Office.
63.
Fire hydrants shall be located and installed per Fire Department standards and approved by the
Fire Chief. On-site fire hydrants shall be provided when any portion of the building protected is in
excess of 150 feet from a water supply on a public street, or as required by the Fire Chief.
64.
The project developer shall pay the appropriate connection fee to the North of River Sanitary
District No. 1. All new wastewater facilities shall be located within public rights-of-way or utility
easements.
65.
Wastewater system design and all public mains, meters, and appurtenances shall be installed and
constructed in compliance with the applicable standards, specifications, policies, and regulations of
the North of River Sanitary District No. 1.
66. Development of wastewater facilities off site, if necessary, shall be subject to further environmental
review to ensure that significant environmental effects, if any, are mitigated on a site specific basis.
67. The developer shall pay the appropriate connection fee to the California Water Service Company.
All new water facilities shall be installed within public rights-of-way or utility easements.
68.
Water system design and all public water mains, meters, and appurtenances shall be installed and
constructed in compliance with the applicable standards, specifications, policies, and regulations of
the California Water Service Company.
69.
Prior to the issuance of occupancy permits, the developer shall install Iow water use fixtures,
plumbing fixtures and appliances, to the satisfaction of the California Water Service Company.
These fixtures/appliances may include the following:
Interior:
SUDDIV line pressure: Reduce water pressure greater than 50 pounds per square inch
(psi) to 50 psi or less by means of a pressure-reducing valve;
Drinkina fountains: Equip drinking fountains with self-closing valves; and
Ultra-low flush toilets: Install 1.6 gallon per flush toilets in all new construction.
Exterior:
· Landscape with Iow water-consuming plants wherever feasible;
· Minimize use of lawn by limiting it to lawn-dependant uses;
Group plants of similar water use to reduce over irrigation of Iow-watar-using plants;
Use mulch extensively in all landscaped areas (mulch applied on top of soil will improve
the water-holding capacity of the soil by reducing evaporation and soil compaction);
Jeng / S:[TRACTSi lOIOicc~ExhA.DOC
10/27/2003
ORIGINAL
Exhibit "A"
TPM 11010
Page 13 of 13
Preserve and protect existing trees and shrubs (established plants are often adapted to
Iow-water-using conditions and their use saves water needed to establish replacement
vegetation);
Install efficient irrigation systems which minimize runoff and evaporation and maximize the
water, which will reach the plant roots (drip irrigation, soil moisture sensors, and automatic
irrigation systems are a few methods to consider in increasing irrigation efficiency and may
be feasible for individual development projects; and
Use pervious paving material whenever feasible to reduce surface water runoff.
70.
The proposed project shall incorporate design features for the storage and collection of recyclables
pursuant to federal, state, and local statutes (i.e., Bakersfield Municipal Code, Chapter 8.32) and
regulations related to solid waste.
71.
The applicant shall record an overflight easement prior to recordation of a final map. The overflight
easement shall read substantially, like Exhibit D2 of the Kern County Airport Land Use Compatibility
Plan.
(NOTE: Traffic Mitigation Measures from the EIR are listed under Pubfic Works conditions.)
Jeng / S:tTRACTSi IOIO[cciExhA.DOC
10,/27/2003
ORIGINAL
rn
z
ORI(~INAL
zo~£.m
VACANT
FUTURE
COMMERCIAL SITE
VACANT ~-~--
FUTURE
SCHOOL S~TE
%
'~INAL