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HomeMy WebLinkAboutRES NO 100-00RESOLUTION RESOLUTION MAKING FINDINGS AND ADOPTING GENEFLa, L PLAN AMENDMENT NO. P99-0482 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND CIRCULATION 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, June 12, 2000, and THURSDAY, June 15, 2000, on General Plan Amendment No. P99-0482 of a proposed amendment to the Land Use Element and Circulation 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 GPA P99-0482 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as 'Follows: General Plan Amendment No. P99-0482: Kyle Carter and the North of the River Sanitation District have applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 GeneraB Plan consisting of changes as follows: Land Use Designation Amendment from LI (Light Industrial), SI (Service Industrial)and Ht (Heavy Industrial) to LR (Low Density Residential) on 64.58 acres, LMR (Low Medium Density Residential) on 91.84 acres and GC (General Commercial) on 14.48 acres. The project consist.<; of a total of 170.90 acres, located generally south of Olive Drive, between Fruitvale Avenue and State Route 99, north of Downing/Gilmore Avenue. WHEREAS, for the above-described project, an Initial Study and Notice of Preparation (NOP) were conducted and it was determined that the proposed project would have a significant effect on the environment and therefore, a Program Environmental Impact Report was required for the project and was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of Environmental Impact Reports. as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly ~llowed by the city staff and the Planning Commission; and WHEI~EAS, by Resolution No. 57-00 on June 15, 2000, the Planning Commission recommended approval and adoption of General Plan Amendment No. P99-0482 subject to conditions, mitigation measures listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; 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, August 16, 2000, on the above described General Plan Amendment No. P99-0482 of the proposed amendment to the Land Use Element and Circulation 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, an appeal was received from Mclntosh & Associated representing Olive- Landco Associates in accordance with the City of Bakersfield Municipal Code; and WHEREAS, the appeal is for the conditions of approval recommended by the Planning Commission; and WHEREAS, the Councfi has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Council, inoorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Draft Program Environmental Impact Report and Final Program EIR. That the Draft Program Environmental Impact Report and Final Program EIR for General Plan Amendment No. P99-0482 is recommended for approval by the Planning Commission. That this project was the subject of a Program Environmental Impact Report and the entire environmental record is hereby adopted and incorporated herein by reference. The General Plan Amendment P99-0482 was approved and recommended for approval by the Planning Commission including LR (Low Density Residential), LMR (Low Medium Density Residential) and GC (General Commercial) on 170.90 acres as requested by the applicant with mitigation measures adopted in the Program EIR and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. That the project site is a 170.9 acre portion of an irregular shaped pamel consisting of 504.33 acres that was annexed to the City of Bakersfield on April 24, 2000. 2 Fi~e the Notice of Determination. Upon approval and adoption of the project, the Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. As to General Plan Amendment P99-0482 the Planning Commission's recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from LI (Light Industrial), SI (Service Industrial) and HI (Heavy Industrial) to LR (Low Density Residential), LIvIR (Low Medium Density Residential) and GC (General Commission ) on 170.90 acres, as requested by the applicant and shown on attached map in Exhibit "B", generally bounded by Olive Drive on the north, State Route 99 on the east, Fruitvale Avenue on the west and Downing Road on the south, the City Council hereby approves such Land Use Bement Amendment of the Metropolitan Bakersfield 2010 General Plan, subiect to mitigation and conditions of approval shown on Exhibit "A". 10. As to General Plan amendment P99-0482 the Planning Commission's recommended amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the circulation map to eliminate Mohawk Street as an Arterial north of Hageman Road to Olive Drive, change Hageman Road from a Collectorto an Arterial between Mohawk Street and Knudsen Drive, along with modifying the alignment by swinging it to the north a few hundred feet, and to establish a Collector segment for Hageman Road between Kundsen Drive to State Route 99/State Route 204, as shown on attached map in Exhibit "C" generally bounded by Olive Drive on the north, State Route 99 on the east and Fruitvale Avenue on the west, the City Council hereby approves such Circulation Element Amendment of the Metropolitan Bakersfield 2010 General Plan, subject to mitigation and conditions of approval shown on Exhibit "A". 11. As to the appeal of the conditions by Roger Mclntosh representing an adjacent property owner, the appeal is denied. The conditions as recommended by the City of Bakersfield Planning Commission, with the clarification recommended by staff, are hereb,y adopted. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as foBlows: 1. The above recilals and findings incorporated herein, are true and correct. The Program Environmental Impact Report for General Plan Amendment No. P99-0482 is hereby approved and adopted. The report of the Planning Commission, including maps and aft reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Cour~cil, is hereby received, accepted and approved. The City Council hereby approves and adopts General Plan Amendment P99- 0482 of the proposed amendment to the Land Use Element and Circulation E~ement of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the maps marked Exhibit "B",and "C", attached hereto and incorporated as though fully set forth, for property generally located south of Olive Drive to Downing Street and generally between Fruitvale Avenue and State Route 99, subject to conditions of approval shown on Exhibit "A". That General Plan Amendment No. P99-0482, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. That the appeal by Mclntosh and Associates, representing Olive-Landco Associates, is hereby denied. ......... 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 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SALVAGGIO COUNCILMEMBER I'~O/",,I 1E COUNCILMEMBER ~ 0/~ F~ COUNCILMEMBER N ~ f~ ~ APPROVED AUG t 6 2000 BOB PRICE MAYOR of the City of Bakersfield 4 APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: ~:'~~~ CARL HERNANDEZ III Assistant City Attorney MO: pas S:\Gpa-June\P990482 Kyle Carter EIR\RES\RGPA. CC.Wpd EXHIBIT "A" General Plan Amendment/Zone Change No. P99-0482 Mitigation Measures/Conditions of Approval AESTHETICS/LIGHT AND GLARE 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. (Mitigation measure-EIR June 2000). Hours for construction shall be consistent with the City of Bakersfield Construction Noise Standards. (Mitigation measure-EIR June 2000). AIR QUALITY Prior to the appreval 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 Plenning Department frem the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) stating the dust suppression measures that shall be completed during construction activities in order to comply with SJVUAPCD Regulation VIgI. 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 low volatile organic compound asphalt. (Mitigation measure-EIR June 2000). 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. (Mitigation measure-EIR June 2000). The construction grading plans shall incgude a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. (Mitigation measure-EIR June 2000). The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. (Mitigation measure-EIR June 2000). 7. The project applicant shall incorporate the following in building plans: Solar or low-emission water heater shall be used; Central water heating systems shall be used; Double--parted glass shall be used in all windows; and Energy efficient low-sodium lighting in parking areas shall be used. (Mitigation measure-EIR June 2000). Exhibit "A" GPA/ZC P99-0482 Page 2 Mitigation measures beyond those contained in applicable plans and policies would be implemented oin a project-by-project basis, (Mitigation measure-EIR June 2000). BIOLOGICAL RESOURCES The project applicant shall pay a one-time mitigation fee due and payable to the City of Bakersfield at tlhe time grading plans are approved or building permits are issued. The miitigation fee is currently $1,240 per acre (Phil Burns pers. com. 2000) and may be increased to keep pace with inflation (City of Bakersfield 1994). The mitigation fee shall apply to the project sites in their entirety. (Mitigation measure-EIR June 2000). 10. 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 site,';. 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. (Mitigation measure-EIR June 2000). 11. 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. (Mitigation measure-EiR June 2000). 12. 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 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 :shaft be provided to CDFG. (Mitigation measure-EtR June 2000). Exhibit "A" GPA/ZC P99-0482 Page 3 CULTURALRESOURCES 13. 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.) shaill be placed at each recorded site to determine the presence and content ofany intact subsurface deposit Further recommendations, ifany, will depend on the results of these tests. Efforts ,,;hall be made to locate, borrow, and record artifacts previously removed from the project area. (Mitigation meaeure-EIR June 2000). 14. In the event that a materlaD of potential cultural significance is uncovered during grading activities on the project sites, all grading shall cease and the project applicant shall retain a profeesional archaeologist to evaluate the quality and significance of the material. Gradling shall not continue until resources have been completely removed by the archaeologist and recorded as appropriate. Compliance with this measure is subject to periodic fiehJ inspection by the project applicant. (Mitigation measure-EIR June 2000). GEOLOGY AND SOILS 15. The proposed project structures and improvements shall be designed in accordance with all applicable requirements of the Uniform Building Code and the City of Bakersfield Municipal Code;. (Mitigation measure-EIR June 2000). 16. 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. (Mitigation measure-EIR June 2000). 17. 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. (Mitigation measure-EIR June 2000). 18. In compliance with the Kern County California Soil Survey, a community sewerage system shall be designed and implemented in association with the proposed low-medium density residential housing (LMR Site), to the satisfaction of the City of Bakersfield Engineering Department. (Mitigation measure-EIR June 2000).. z ~ Exhibit "A" GPA/ZC P99-0482 Page 4 HUMAN HEALTH/RISK OF UPSET 19. 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 projsct site. Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the project applicant shall identify and implement remedial action, subjecl to approval by the City of Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels. (Mitigation measure-EtR June 2000). 20. Pursuant to the Division of Oil, Gas, and Geothermat Resources (Division), active wells which would remain upon project completion and associated equipment within the preject 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. (Mitigation measure-EIR June 2000). 21. 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. (Mitigation measure-EIR June 2000). 22. 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. (Mitigation measure-EIR June 2000). 23. 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 Wat~;r Quality Control Board (RWQCB) and/or California Department of Toxic Substances Control (DTSC). (Mitigation measure-EIR June 2000). 24. Prior to issuance of grading permits, the project applicant shall provide sufficient evidence that the existing groundwater wall has been properly closed pursuant to the RWQCB requirements. (Mitigation measure-EIR June 2000). 25. 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 Ibe tested, removed, and properly disposed of off-site in accordance with local, state, and federal regulations. (Mitigation measure-EIR June 2000). · ~:::, Exhibit "A" GPA/ZC P99-0482 Page 5 26. 27. 28. Prior to demolition work, the applicant shaft 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 ACIVIs, to be certified and that certain procedures regarding the removal of asbestos be followed. (Mitigation measure-EIR June 2000). 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. (Mitigation measure-EIR June 2000). Prior to approval of final development plans, the City shall confirm that appropriate setback distances for future residential units from the existing heavy industrial area to the southeast are applied pursuant to the criteria established by the City of Bakersfield and County of Kern Fire Departments. The greatest buffer distance calculated in accordance with these criteria shall be the minimum set back distance appreved without consideration of other potential safety programs. The requirements include the following: 330 feet; or The endpoint distance shaft be based upon the chemical specific, Emergency Respo~nse Planning Guide 2 (ERPG 2) concentration, using the alternate release scenario (i.e., the most credible accidental release scenario) for an airborne Acutely Hazardous Material (AHM) toxic gas release from any facilities in the adjacent zone; or The endpoint distance of a one pound peF square inch (1 psi) over pressure, based on the alternate release scenario (i.e., the most credible release) of a flammable substance vapor cloud explosion from any facilities with more than 10,000 pounds (2,500 gallons) of a flammable gas in a process in the adjacent zone; or The endpoint distance shall be based on the radiant heat exposure that potentiially could cause second degree burns, to a person for the duration of the fireball resulting from a Boiling Liquid Expansion Vapor Explosion (BLEVE) from any facility with more than 10,000 pounds (2,500 gallons) of a flammable gas stored in multiple containers; or Exhibit "A" GPNZC P99-0482 Page 6 29. 30. NOISE 31. 32. The endpoint distance of the zone of impact of a one in ten million lifetime cancer risk from a facility subject to Section 44300 et seq. of the California Health and Safety Code. This criteria would only apply to construction adjacent to existing facilities that have reported continuous releases subject to the (Air Toxics Hot Spots Act of 1987). (Mitigation measure-EIR June 2000). Prior to project approvals for future industrial uses located between the future residential development and the existing heavy industries, the City shall utilize the distance criteria developed by tlhe City of Bakersfield and County of Kern fire departments and provide sufficient setba:cks for the industrial uses. Refer to criteria outlined above. (Mitigation measure-EIR June 2000). All areas with bare soil exposed as a result of grading activities shall be landscaped at the earliest time possible or stabilized bywatering when winds exceed 25 miles per hour in order to reduce the potential inhalation of spores causing Valley Fever. (Mitigation measure-EIR June 2000). To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed low density and low-medium density residential locations situated adjacent to collector and arterial roadways, the project applicant shall incorporate sound barriers, along cited roadways (Knudsen Drive, Hageman Road, Mohawk Street, and Krebs Road). Since lot design and grading plans are not yet available, the exact height and location of barriers cannot be accurately determined at this time. Therefore, prior to Final Development Plan approval, the project applicant shall prepare an acoustical analysis to the satisfactiion of the City Building Director, which provides location anc~ heights of future sound barriers. (Mitigation measure-EIR June 2000). Prior to Final Development Plan approval, a subsequent noise analysis shall be prepared, to the satisfaction of the City Building Director, which demonstrates that site placement of stationary noise sources associated with future commercial uses would not exceed criteria established in Chapter 9.22 of the City of Bakersfield Municipal Code, for adjacent residences. To demonstrate commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/orientation, acoustical design of buildings, etc, (Mitigation measure-EIR June 2000). Exhibit "A" GPA/ZC P99-0482 Page 7 TRAFFIC AND CIRCULATION 33. The following improvements shall be implemented off-site in conjunction with the proposed development: 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. (Mitigation measure-EIR June 2000). 34. Traffic signing/striping within the project boundaries shall be implemented in conjunction with detailed construction plans for the project. (Mitigation measure-EIR June 2000), 35. 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 measure-EIR June 2000). 36. Opening day mitigation measures found in the above 33. - 35. shall be required to be implemented with the first phase of the development. 37. The project shall participate through payment of fees in the phased construction of off- site roadway improvements and traffic signals for the Year 2020 follows: Olive Drive Knudsen Drive to Roberrs 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 Exhibit "A" GPA/ZC P99-0482 Page 8 38. 39. 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 Landco Road Olive 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 (Mitigation measure-EIR June 2000). The traffic signals required within the study area at buildout shall specifically include an interconnect of the signals to function in a coordinated system. (Mitigation measure-EIR June 2000). The project shall contribute on a pro-rata basis to the construction of ultimate intersection lane requirements for Year 2020 as follows: Patton Way (NS) at: Ofive Drive (EW) Traffic signal Exhibit "A" GPNZC P99-0482 Page 9 Hageman Road (EW) Traffic signal Eastbound left turn lane Eastbound through lane Westbound through lane Rosedale Highway- SR-58 (EVV) Traffic Signal Fruitvale Avenue (NS) at: O~ve Drive (EVV) Northbound right turn overlap Hagerrlan Road (El/V) 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 (E~IV) Traffic signal Northbound through lane Southbound through Iane Downing Avenue (El/V) Traffic signal Northbound through lane Southbound through lane Rosedale Highway- SR-58 (EVV) Southbound left turn gane Eastbound through lane Westbound through lane Mohawk Stre{;t (NS) at: Rosedale Highway- SR-58 (EVV) 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 Exhibit "A" GPA/ZC P99-0482 Page 10 Westbound dual through lanes Westbound right turn overlap Landco Road (NS) at: Rosedale Highway- SR-58 (EVV) Southbound left turn lane Eastbound left turn lane Eastbound dual through lanes Westbound dual through lanes Knudsen Drive! (NS) at: Norris Road (El/V) Traffic signal Northbound shared left turn lane Olive Ddve (EVil) Northbound left turn lane Northbound right turn overlap Southbound left turn lane Eastbound through ~ane Westbound left turn lane Westbound through lane Gibson Street (NS) at: Rosedale Highway- SR-58 (El/V) Northbound left turn lane Southbound left turn Eane Eastbound left turn lane Eastbound dual through lanes Westbound dual through lanes SR-99 Freeway SB Ramps (NS) at: O~ve Drive (El/V) Traffic signal Eastbound through lane Westbound through lane State Road (NS) at: Olive Drive (EW) Eastbound through lane Westbound through lane Exhibit "A" GPNZC P99-0482 Page 11 40. 41. 42. Roberrs Lane (NS) at: Ofive Drive (EW) Northbound left turn lane Southbound right turn lane with right turn overlap Eastbound left turn lane Eastbound right turn overlap Buck Owens Boulevard (NS) at: Rio Mirada Drive (EW) Traffic signal SR~99 i=reeway 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 (El/V) Southbound free right turn lane Eastbound through lane Westbound through lane Westbound flee right turn lane (Mitigation measure-EIR June 2000). The project shall contribute to off-site improvements in accordance with the Capital Improvement Plan and establishment of trensportation impact fees for the Metropolitan Bakerefield 2010 General Plan Area (Kern County Resolution 92-196 and 92-195) and (City of Bakersfield Municipal Code 15,84). (Mitigation measure-EIR 6/2000). The off-site ros~dway system shall be improved to roadway classifications as shown on the Metrepolitan Bakersfield 2010 Generel 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 measure-EIR June 2000). The developer shall be required to pay his propo~rtionate 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~nal occupancy of any commercial development with fees being paid at time of building permit on a per unit basis. (Mitigation measure-EIR June 2000). Exhibit "A" GPA/ZC P99-0482 Page 12 43. 44. 45. 46. 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 measure-EIR June 2000}. Within 60 days of the action of the City Council, submit easement documents for Mohawk Street, Hageman Road and Knudsen Drive for recordation. (Mitigation measure-EIR June 2000). Prior to the appreval of the first development within GPA/ZC P99-0482: 1. Submit a sewer study for the area for appreval. 2. Submit a conceptual drainage study for the area for approval. (Mitigation measure-EIR June 2000). The project shall comply with all mitigation measures as specified in the DEIR, as well as the additional mitigation measures as follows: 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 deveDopment. The traffic analysis based these upon full development of the project with a study year of 2002. No partial build out was addressed. Cumulative: Year2020 Mitigation Measures The developershalt 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 recerdation 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. Exhibit "A" GPA/ZC P99-0482 Page 13 Regional Transportation Impact Fee (RTIF) Mitigation In order to comply with tha 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. (Mitigation measure-EIR June 2000). 47. At the time of development or division, traffic signal interconnect conduit may be required to be installed in cofiector or arterial streets. (Mitigation measure-EIR June 2000). 48. 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 oi= 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 varieus mitigation improvements. (Mitigation measure-EIR June 2000). SERVICES AND UTILITIES 49. 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. (Mitigation measure-EIR June 2000). 50. 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. (Mitigation measure-EIR June 2000). 51. ~n accordance with A.B. 2926, the developer shall pay development fees levied in accordance with Education Code Section 17620 and Government Code Sections 65995, 55995.5 and 65995.7. (Mitigation measure-BR June 2000). Exhibit "A" GPA/ZC P99-0482 Page 14 52. 53. 54. 55. 56. 57. 58. 59. In compliance with the Quimby Act, the developer shall either dedicate land and develop a park(s), or play in lieu fees pursuant to Bakersfield Municipal Code 15.80 which requires developers of new residential uses to provide 2.5 acres of land per population projections of 1000, based on fair market value. Accordingly, project implementation would create a demand for approximately five acres of neighborhood park land. (Mitigation measure-EIR June 2000). Development of park land 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. (Mitigation measure-EIR June 2000). The project developer shall pay the appropriate connection fee to the North of River Sanitary Distrk;t No. 1. All new wastewater facilities shall be located within public rights-of-way or utility easements. (Mitigation measure-EIR June 2000). 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. (Mitigation measure-EIR June 2000). 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. (Mitigation measure-EIR June 2000). 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. (Mitigation measure-EIR June 2000). 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. (Mitigation measure- EIR June 2000). Prior to the issuance of occupancy permits, the developer shall install low water use fixtures, plumbing fixtures and appliances, to the satisfaction of the California Water Service Company. These fixtures/appliances may include the following: ~nterior: Supply 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; Drinkincl fountains: Equip drinking fountains with self-closing valves; and Ultra-low flush toilets: Install 1.6 gallon per flush toilets in all new construction. Exhibit "A" GPA/ZC P99-0482 Page 15 60. 61. 62. Exterior: Landscape with low 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 low-water-using plants; Use mulch extensively in all landscaped areas (mulch applied on top of soil will improv,e the water-holding capacity of the soil by reducing evaporation and soil compaction); Preserve and protect existing trees and shrubs (established plants are often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation); Install ,efficient irrigation systems which minimize runoff and evaporation and maxim][ze 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. (Mitigation measure-EiR June 2000). Development of water 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. (Mitigation measure-EIR June 2000). The proposed project shatl incorporate design features for the storage and collection of recyclables pursuant to federal, state, and local statutes (i.e., Bakersfield Municipal Code, Chapt~;r 8.32) and regulations related to solid waste. (Mitigation measure-EIR June 2000). Backqround Section 15.8 of the DEIR contains the traffic study for the project. County staff has pointed out that detailed level of service analysis was performed for the major intersections external to the project but not for internal (e.g. - Hageman Rd. at Mohawk St., Hageman Rd. at Landco Dr., etc). The traffic study does address this issue in the recommendations on pages 1-6 through 1-8. The specific improvement recommendations were carried through as Mitigation Measures in the body of the DEIR, but not the recommendations concerning followup monitoring and study. These recommendations include the statement that, "Each new phase of project development will require new traffic analysis because of the need to (1) monitor actual traffic conditions on the roadway system to determine existing leveDs of service prior to each phase, and (2) address the impacts of specific land uses and quantities at a level of detail which is not known at this time." It is for these reasons, we believe, the detailed analysis the County considered missing was not performed. The following condition is recommended. ~-~i~: ,:i; Exhibit "A" GPNZC P99-0482 Page 16 63. 64. 65. 66. Condition of Approval 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. (Public Works Condition). The applicant shall record an overflight easement prior to recordation of any tract or approval of any site plan, The overflight easement shall read substantially, like Exhibit D2 of the Kern County Airport Land Use Compatibility Plan. (Planning Condition). Require that the developer make a fifty-five (55) foot wide offer of dedication for read right-of-way purposes along the east line of the GC (General Commercial)/C-2 (Regional Commercial) area prior to the issuance of any building permit for the site, (Planning Commission Condition), to the extend necessary as determined by the Public Works Director to comply with the city's general plan and traffic study. The developer shall provide, between the LMR (Low Medium Density Residential)/R- 2 (Limited Multiple Family Dwelling) and the existing HI (Heavy Industrial) area, a forty (40) foot wide buffer or more depending on a noise study which will determine that the noise level is consistent with the 2010 General Plan Policy. The Noise Study shall be completed and appreved by the Planning Director prior to the approval of any site plan or tentative tract on that area proposed for LMR/R-2. (Planning Cornmission Condition). The developer shall install, at the discretion of the Planning Director, trees along Hageman Road between the LR (Low Density Residential)/R-1 (One Family Dwelling) area and the existing SI (SeNice Industrial)/M-2 (General Manufacturing) area. (Planning Commission Condition). S:\Gpa-June\P990482 Kyle Cader ElR\lnitialStudy\Exhibit A1 .wpd EXHIBIT 11 GENERAl_ PLAN AMENDMENT P99-0482 SR SR SR SR N 0 400 800 Feet T29S, R27E LR HC 14 3 Hi _ OLIVE DRIVE " E~ - ~ ~ HAGEMAN ROAD GEMAN ROAD"' ~: / (EXISTING) I i z~ // / ! i LEGEND ARTERIAL / MAJOR HIGHWAY COLLECTOR / SECONDARY HIGHWAY HAGEMAN OLIVE DRIVE ROAD" EXISTING) 4 LE-GEND