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HomeMy WebLinkAboutORD NO 3977ORDINANCE NO. ~ 9 ? ~7 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-15 AND 102-22 BY CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING), M-2 (GENERAL MANUFACTURING) AND M-3 (HEAVY INDUSTRIAL) TO R-I (ONE FAMILY DWELLING), R-2 (LIMITED MULTIPLE FAMILY DWELLING) AND C-2 (GENERAL COMMERCIAL) ZONES ON 170.90 ACRES GENERALLY LOCATED SOUTH OF OLIVE DRIVE TO GILMORE AVENUE, BETWEEN FRUITVALE AVENUE AND STATE ROUTE 99. (GPA # P99-0482), WHEREAS, in accordance with the prccedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located south of Olive Drive to Gilmore Avenue, between Fruitvale Avenue and State Route 99. WHEREAS, by Resolution No. 58-00 en June 15, 2000, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-l, R-2 and C-2 zones as delineated on attached Zoning Maps No. 102-15 and 102-22 marked Exhibit "B" and Exhibit "C", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted an Environmental Impact Report (EIR) and changes in zoning of the subject property from M-l, M-2 and M-3 to R-l, R-2 and C-2 and the Council has considered said findings and all appear to be true and correct; and WHEREAS, for the above-described project, an initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment, therefore, a Notice of Preparation (NOP) and an Environmental Impact Report (EIR) was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant entered into an agreement with the City of Bakersfield to implement all mitigation measures identified in the environmental analysis contained within the Program EIR; and WHEREAS, the law and regulations relating to the preparation and adoption of Environmental Impact Repots, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Program Environmental Impact Report for the project was advertised and posted in accordance with CEQA; and WHEREAS, the general plan designations for this area allows residential and commercial development; and WHEREAS, Mcintosh and Associates representing Olive-Landco Associates has submitted an appeal for the project; and WHEREAS, the appeal for the project is for conditions of approval recommended by the Planning Commission for the project; and WHEREAS, the City Council has considered the project proposal and the appeal and hereby makes the following findings: 1. All above recitals are true and correct. 2. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Notice of Preparation (NOP) was prepared and sent to responsible agencies and property owners within 300 feet of the project site, A Program Environmental Impact Report (EIR) was prepared for this project in accordance with CEQA. That this project was the subject of a Program EIR and the entire environmental record is incorporated herein by reference as set forth in the resolution certifying the Final Program Environmental Impact Report. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed developmerit. That the project site is a portion of an i~'regular shaped parcel consisting of 504.33 acres that was annexed to the City of Bakersfield on April 24, 2000. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) zones on 170.90 acres located generally south of Olive Drive, between Fruitvale Avenue and State Route 99, north of Gilmore Avenue. The project site, with prior approval of General Plan Amendment No. P99-0482, is designated LR (Low Density Residential), LMR (Low Medium Density Residential) and GC (General Commercial) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. 10. The recommended Zone Change No. IP99-0482 will reflect the previously adopted General Plan Amendment No. P99-0482. 11. The recommended zone change is compatible with the surrounding uses. 12. The recommended zone change is consistentwith the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment P99-0482. 13. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Final P~'ogram EIR for this project. 14. 15. 16. follows: 1. That Zone Change P99-0482 is hereby recommended for approval by staff and the Planning Commission with mitigation measures adopted in the GPA/ZC P99-0482 Final Program EIR, That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield is recommended for amendment by changing the land use zoning from M-1 (Light Manufacturing), M-2 (General Manufacturing) and M-3 (Heavy Industriall) to R-1 (One Family Dwelling), R-2 (Umited Multiple Family Dwelling) and C-2 (Regional Commercial) zones on 170.90 acres on Map Nos. 102-15 and 102-22 attached hereto as Exhibit "B" and Exhibit "C", respectively, of that certain property in said City of Bakersfield as described in Exhibit "D" attached hereto. That Zone Change No. P99-0482, as outlined above, has been recommended by the Planning Commission for apprevali with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of General Plan Amendment No. P99-0482. SECTION 1, NOW, THEREFORE, BE IT ORDAI NED by the Council of the City of Bakersfield as The above recitals and findings are true and correct and constitute the findings of the City Council in this matter. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Notice of Preparation (NOP) was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Program Environmental Impact Report (EIR) was prepared for this project in accordance with CEQA. That this project was the subject of a Program Environmental Impact Report and the entire environmental record is incorporated herein by reference as set forth in the resolution certifying the Final Program Environmental Impact Report. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. That the project site is a portion of an irregular shaped parcel consisting of 504.33 acres that was annexed to the City of IBakersfield on April 24, 2000. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling), R-2 (Limited Multiple Family Dwelling) and C-2 (Regional Commercial) zones on 170.90 acres located generally south of Olive Drive, between Fru tva e Avenue and State Rout~ ,.,,9~,.north of Downing Road. ,.~..~,~ ~ 10. 11. 12. 13. 14. 15. 16. The project site, with prior approval of General Plan Amendment No. P99-0482, is designated LR (Low Density Residential), LMR (Low Medium Density Residential) and GC (General Commercial) on the Metropolitan Bakersfield 2010 General Plan Land Use Plan. The recommended Zone Change No. P99-0482 will reflect the previously adopted General Plan Amendment No. P99-0482. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield 2010 General Plan, subject to prior approval of General Plan Amendment P99-0482. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Final Program EIR for this project. That Zone Change P99-0482 is hereby approved as recommended by staff and the Planning Commission with mitigation measures adopted in the GPA/ZC P99-0482 Final Program EIR. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning from M-1 (Light Manufacturing), M-2 (General Manufacturing) and M-3 (Heavy Industrial) to R-1 (One Family Dwelling), R-2 (Limited IVlultiple Family Dwelling) and C-2 (Regional Commercial) zones on 170.90 acres on Map Nos. 102-15 and 102-22 attached hereto as Exhibit "B" and Exhibit "C", respectively, of that certain property in said City of Bakersfield as described in Exhibit "D" attached hereto. That Zone Change No. P99-0482, as outlined above, is hereby approved with mitigation and conditions of approval shown on Exhibit "A", subject to prior approval of General Plan Amendment No. P99-.0482, SECTION ,% This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. 4 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on AUG 5' 0 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, GREEN, MAGGARD, COUCH, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ ~ COUNCILMEMBER n~_~,~ ~o . COUNCILMEMBER rT~ ~ APPROVED AUG 3 0 2000 BOB II~'l(f/ MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney By:~(/~~ Exhibits: A. Conditions. B. Zone Maps. C, Legal Description S:\Gpa-June\P990482 Kyle Canter EIR\RES\Ord ZC ccl .WPD August 17, 2000 5 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 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 District (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 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 inc, lude a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. (Mitigation measure-BR June 2000). The construction grading plans shall include a statement that work crews shall shut off construc{ion 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-paned 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 BIOLOGICAL 9. 10. 11. 12. Mitigation measures beyond those contained in applicable plans and policies would be implemented on a project-by-preject basis. (Mitigation measure-EIR June 2000). RESOURCES The project applicant 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 (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). 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-appreved methods to allow the foxes to relocate on their own. Results of the surveys shall be provided to CDFG. (Mitigation measure-EIR June 2000). Thirty days prior to construction activitiE;s, 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 dstermined by the project biologist: clearing limits shall be established by the biologist in any direction from raptor nests/burrews depending on the species and existing c, onditions. Resultsofthesurveysand relocation efforts shall be provided to CDFG. (Mitigation measure-EIR June 2000). 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 shall be provided to CDFG. (Mitigation measure-EIR June 2000). Exhibit "A" GPNZC P99-0482 Page CULTURAL RESOURCES 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.) shall be placed at each recorded site to determine the presence and contant of any intact subsurface deposiL 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. (Mitigation measure-EIR June 2000). 14. In the event that a material of potential I;ultural 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. (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 measurs-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 20,0A)~ ~ ~-"- Exhibit "A" GPNZC 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 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. (Mitigation measure-EIR June 2000). 20. Pursuant to the Division of Oil, Gas, and Geothermal Resources (Division), active wells which would remain upon project cornpletion 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. Improw.=ments are the responsibility of the project applicant/devebper. (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 Water Quality Control Board (RWQCB) and/or California Department of 't'oxic Substances Control (DTSC). (Mitigation measure-EIR June 2000). 24. Prior to issuance of grading permitsl the project applicant shall provide sufficient evidence that the existing groundwater wall has been properly closed pursuant to the RWQCB requirements. (Mitigation measure-EtR 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 be tested, removed, and properly disposed of off-site in accordance with Exhibit "A" GPNZC P99-048;! Page 5 26, 27. 28. local, state, and federal regulations. (Ivlitigation measure-EIR June 2000). 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. (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 am 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 approved without consideration of other potential safety programs. The requirements include the following: 330 feet; or The endpoint distance shall be based upon the chemical specific, Emergency Response Planning Guide 2 (ERPG 2) concentration, using the alternate release scenario (i.e., the most crediblle 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 per 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 fiammable gas in a process in the adjacent Zone; or The endpoint distance shall be based on the radiant heat exposure that potentially 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. Health and Safety Code. This criiteria would only apply to construction adjacent to existing facilities that have reported continuous re~eases 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 the City of Bakersfield and County of Kern fire departments and provide sufficient setbacks 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 by watering 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 anaBysis to the satisfaction of the City Building Director, which provides location and heights of future sound barriers. (Mitigation measure-EaR 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 and industrial 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). TRAFFIC AND CIRCULATION Exhibit "A" GPNZC 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 Hugeman Road) at its ultimate half-section width as an Arterial (4 lanes divided) in conjunction with development. Landco Road shall be constructad adjacent to the proiect site (north of Hugeman Road) at its ultimate cross-section width as a Arterial (4 lanes divided) in conjunction with development. Hugeman 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 Cultruns/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 Roberts Lane Six lanes divided Hugeman Road West of Patton Way to Mohawk Street Six lanes divided Mohawk Street to SR-204 Freeway Four lanes divided Exhibit "A" GPNZC P99-048;! 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 measum-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: Olive Drive (EVil) Traffic signal i Exhibit "A" GPNZC P99-0482 Page 9 Hugeman Road (EW) Traffic signal Eastbound left turn lane Eastbound through lane Westbound through lane Rosedale Highway- SR-58 (EW) Traffic Signal Fruitvale Avenue (NS) at: O~ve Drive (EW) Northbound right turn overlap Hugeman 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 Rosedale Highway- SR-58 (EVV) Southbound left turn lane Eastbound through lane Westbound through lane Mohawk Street (NS) at: Rosedale Highway- SR-58 (E1A/) 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 ovarlap Landco Road (NS) at: Rosedale 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 (El/V) Traffic signal · Northbound shared left turn lane Olive Drive (ETA/) Northbound left turn lane Northbound right turn overlap Southbound left turn lane Eastbound through lane Westbound left turn ~ane Westbound through lanE; Gibson Street (NS) at: Rosedale Highway- SR-58 (E~ Northbound left turn lana Southbound left turn lane Eastbound left turn lane Eastbound dual through lanes Westbound dual through lanes SR-99 Freeway SB Ramps (NS) at: O~ve Drive (EVIl) Traffic signal Eastbound through lane Westbound through lane State Road (NS) at: Olive Drive (EVIO Eastbound through lane Westbound through lane Exhibit "A"' GPNZC P99-0482 Page 11 40. 41. 42. Roberrs Lane (NS) at: O~ve 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 Freeway NB Ramps (E~) Northbound right turn lane Southbound right turn lane Eastbound left turn lane Eastbound right turn large Westbound left turn lane Rosedale Highway- SR-58 (El/V) Southbound free right turn lane Eastbound through lane! Westbound through lane Westbound free 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 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 measure-EIR 6/2000), The off-site roadway system shall be improved to roadway classifications as shown on the Metropolitan Bakersfield 2010 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 measure-EIR June 2000). 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 occupancyofanycommercial developmentwith fees being paid at time of building permit on a per unit basis. (Mitigation measure-EIR June 2000). Exhibit I'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, I;ulverts 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 approval of the first development within GPA/ZC P99-0482: 1. Submit a sewer study for the area for approval. 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 development. 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 developershall 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. Exhibit "A"' GPA/ZC P99-0482: Page 13 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 RTt F list which are not included in the improvements specifically listed for Item 2 above. These additional facilities shall include al8 facilities on the RTIF list within the influence area of the project which is generally the area bounded by Coffee Rd, Norris Rd, Roberrs Ln, Fwy. 99 and Rosedale Hwy. The additional facilities include, but are not limited to, the following: 2. 3. 4. Olive Drive from Kundsen Drive to Coffee Road. Mohawk Street from California Avenue to Rosedale Highway. Mohawk Street Bridge ever 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). 47. At the time of development or division, traffic signal interconnect conduit may be required to be installed in collector 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 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 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 porlions of buildings are constructed. The establishment of gallons-per-minute requirements for fire flow shale 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. in accordance with A.B. 2926, the developer shall pay development fees levied in accordance with Education Code Section 17620 and Government Code Sections 65995, 65995.5 and 65995.7. (Mitigation measure-EIR 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 pay 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 District 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 appuflenances 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: Interior: 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" GPNZC 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 improve 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 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. (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 shall incorporate design features for the storage and collection of recyclables pursuant to federal, state, and local statutes (i.e., Bakersfield Muniicipal Code, Chapter 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 levels 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 con .si.~'~9 missing was not performed. The following condition is recommended. Exhibit "A" GPA/ZC 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 overflighl 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 Airporf Land Use Compatibility Plan. (Planning Condition). Require that the developer make a fifty-five (55) foot wide offer of dedication for road 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 approved by the Planning Director prior to the approval of any site plan or tentative tract on that area proposed for LMR/R-2. (Planning Commission 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 (Sen4ce Industrial)/M-2 (General Manufacturing) area. (Planning Commission Condition). S:\Gpa*June\P990482 Kyle Cader EIR\ln[tialStudy~Exhibit A1 .wpd R-) E E R'S ~moxD CITY OF BAKERSFIELD ZONING MAP I02-15 SEC 15 T. 29S R 27E E ~~ LEGEND I TO R- ~Z N M+2 aL~ County M-2 HWy ROSEDALE CITY OF BAKERSFIELD ZONING MAP 102-22 SEC. 22 T, 29 $ R. 27 E, LEGEND EXHIBIT "D" ZONE CHANGE P99-0482 ZONE CHANGE LEGAL DF, SCRIPTION GENERAl, COMMERCIAl, ZONE NORTH OF PROPOSED IIAGEMAN ROAD ALL THOSE PORTION OF LOTS 3 AND b OF LOT LINE ADJUSTMENT NO 3-93 AS PER CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 8, 1995 AS DOCUMENT NO. 0195015706 OF OFFICIAL RECORDS, ALSO LYING WITHIN A PORTION OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MDM. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID LOT LINE ADJUSTMENT NO. 3-93, BEING ALSO A POINT ON THE EAST LINE OF SAID SECTION 15; THENCE(l) THENCE(2) THENCE(3) THENCE(4) THENCE(5) THENCE(6) THENCE(7) SOUTH 00°16'02'' WEST ALONG SAID EAST LINE, 1024.90 FEET; NORTH 89°05'45" WEST, 43.20 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1500,00 FEET; SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°43'30'', AN ARC LENGTH OF 516.40 FEET; NORTH 10o57'04'' WEST, 76.04 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2000.00 FEET; NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°50'47'', AN ARC LENGTH OF 37861 FEET; NORTH 00o06, 17" WEST, 662 87 FEET TO THE NORTH LINE OF LOT 3 OF SAID LOT LINE ADJUSTMENT NO, 3-93; SOUTH 89°05'45" EAST ALONG SAID NORTH LINE, 607.71 FEET TO THE POINT OF BEGINNING. CONTAINS 1448 ACRES MORE OR LESS. Page 1 of :3 EXHIBIT "'D" ZONE CHANGE P99-0482 ZONE CHANGE LEGAL DESCRIPTION R-2 IN SECTION 22 ALL THOSE PORTIONS OF LOTS 7 AND 10 OF LOT LINE AD.I'USTMENT NO. 3-93 AS PER CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 8, 1995 AS DOCUMENT NO. 0195015706 OF OFFICIAL RECORDS, ALSO LYING WITHIN A PORTION OF SECTION 22 TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 7 OF SA/D LOT LINE ADJUSTMENT NO. 3-93; THENCE(l) SOUTH00°38'34"WESTALONGTHEEASTL1NEOFSA1DLOT7,506.67FEETTOTHE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 1,500.00 FEET; THENCE (2) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°21 '59", AN ARC LENGTH OF 376.11 FEET; THENCE (3) SOUTH 15o00'39" WEST, 263.48 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2, 180.00 FEET; THENCE (4) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°41'16'', AN ARC LENGTH OF 90I .28 FEET TO THE SOUTH LINE OF LOT 10 OF SAID LOT LINE ADJUSTMENT NO. 3~93; THENCE (5) SOUTH 68018'03'' WEST, 183.94 FEET; q[~IENCE (6) SOUTH 49o36'38'' WEST, 195.44 FEET; THENCE (7) THENCE (8) THENCE (9) THENCE (10) THENCE ( 11 ) SOUTH 34°18, 14" WES'I NORTH 89o14'34'' WEST NORTH 00037'20" EAST NORTH 89o07'49" WEST NORTH 00046, 10" EAST 500.15 FEET; 577.74 FEET; 1649.94 FEET; 992.36 FEET; 997.62 FEET TO THE NORTH LINE OF SAID SECTION 22; THENCE(12) SOUTH 89°06'40" EAST ALONG SAID NORTH LINE, 2315.01 FEET TO THE POINT OF BEGINNING. CONTAINS 91.84 ACRES MORE OR LESS Page 2 of 3 EXHIBIT "D" ZONE CHANGE P99-0482 ZONE CHANGE LEGAL DESCRIPTIONS R-I NORTH OF PROPOSED HAGEMAN ROAD ALL THOSE PORTIONS OF LOTS 2 AND 3 OF LOT LINE ADJUSTMENT NO. 3-93 AS PER CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 8, 1995 AS DOCUMENT NO. 0195015706 OF OFFICIAL RECORDS, ALSO LYING WITHIN A PORTION OF SECTION 15, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M. IN THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF SAID LOT LINE ADJUSTqMENT; THENCE(I) ALONG THE NORTH LINE OF SAID LOT2, SOUTH 89°05'45" EAST, 1009.48 FEET; THENCE (2) DEPARTING FROM SAID NORTH LINE, SOUTH 00o06, 1T' EAST, 662.87 FEET TO THE BEG/NNFIqG OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2000.00 THENCE (3) SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°50'47'', AN ARC LENGTH OF 378.61 FEET; 'IEENCE (4) SOUTH 10o57'04" EAST, 76.04 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1500.00 FEET AND TO WHICH A RADIAL LINE BEARS NORTH 18°49'15'' WEST; ']:HENCE (5) SOUTHWESTERLY ALONG SAID CURVE TItROUGH A CENTRAL ANGLE OF 29024'09", AN ARC LENGTH OF 769.76 FEET; THENCE (6) SOUTH 41°46'36'' WEST, 692.59 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTIIWEST HAVING A RADIUS OF 1500.00 FEET; THENCE (7) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42"52'25", AN ARC LENGTH OF 1,122.43 FEET; THENCE (8) NORTH 01 o 12 '02" EAST, 365.60 FEET TO THli BEGINNING OF A CURVE CONCAVE SOUTHEAST HAVING A RADIUS OF 1400.00 FEET; THENCE (9) NORTHEASTERLY ALONG S/kID CURVE THROUGH A CENTRAL ANGLE OF 39°21'52'', AN ARC LENGTH OF 961.85 FEET; 'THENCE (10) NORTH 40°33 '54" EAST, 512.28 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWEST HAVING A RADIUS OF 1400.00 FEET; THENCE (11 ) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°23 '20", AN ARC LENGTH OF 986.89 FEET; THENCE (12) NORTH 00° 10'34 EAST, 18.90 FEET TO THE. POINT OF BEGINNING. CONTAINS 64.26 ACRES MORE OR LESS Page 3 of 3 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. MCCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 31 th day of August , 2000 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following:: Ordinance No. 3977 , passed by the 30th day of August 2000 and Bakersfield City Council at a meeting held on the entitled: AN ORDINANCE AMENDING TITLIE SEVENTEEN OF THE BAKERSFI ELD MUNICIPAL CODE AND ZONING MAP NO. 102-15 AND 102-22 BY CHANGING THE ZONING FROM M-1 (LIGHT MANUFACTURING), M-;.> (GENERAL MANUFACTURING) AND m-3 (HEAVY INDUSTRIAL) TO R-I~ (ONE FAMILY DWELUNG), R-2 (LIMITED MULTIPLE FAMILY DWELLING) AND C-2 (GENERAL COMMERCIAL) ZONES ON 170.90 ACRES GENERALLY LOCATED SOUTH OF OLIVE DRIVE TO GILMORE AVENUE, BETWEEN FRUITVALE AVENUE AND STATE ROUTE 99. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield S:~Document%FORMS~AOP.ORD.wpd August 31, 2000