HomeMy WebLinkAboutRES NO 226-05
RESOLUTION NO.
226;;;05
RESOLUTION MAKING FINDINGS, APPROVING THE
CANCELLATION OF LAND USE RESTRICTIONS OF A
LAND CONSERVATION CONTRACT (WILLIAMSON ACT)
ON CERTAIN PROPERTY LOCATED SOUTH OF PANAMA
LANE TO McCUTCHEN ROAD, WEST OF GOSFORD ROAD
TO PROGRESS ROAD. (GOVERNMENT CODE SECTION
51282). (Ward 5 and 6).
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, JULY 5,
2005, and THURSDAY, JULY 7, 2005, on Case No. 04-0057 of a proposed cancellation of a Land
Conservation Contract (Williamson Act) on that certain property being annexed to the City of
Bakersfield, notice of the time and place of hearing having been given atleast twenty (20) calendar days
before said hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, such proposed cancellation is as follows:
Williamson Act Contract Cancellation:
QUAD KNOPF, INC. for Panama-Gosford Partners, LLC, applied to cancel the Land
Conservation Contract (Williamson Act) on approximately 300 acres located south of
Panama Lane to McCutchen Road, west of Gosford Road to Progress Road, more
specifically located in the east half of Section 29, Township 30 South, Range 27
East, M. D. M., in the County of Kern, State of California, as shown on Exhibit "A";
and
WHEREAS, the subject property is proposed to be annexed in to the City of Bakersfield in said
County and State; and
WHEREAS, the Williamson Act Contract cancellation will not take affect until said property is
annexed into the City of Bakersfield; and
WHEREAS, the project site contains approximately 300 acres; and
WHEREAS, the subject site is also part of a General Plan Amendment/Zone Change (GPAlZC
04-0057) to allow the development of urban uses on the site; and
WHEREAS, the applicant has indicated the purpose of the request is to develop a multi-use
development, including single family residential, multi-family residential, neighborhood and regional
commercial and light industrial uses within the City of Bakersfield limits; and
WHEREAS, the property lies within a path of development with approved urban development
projects in progress; and
WHEREAS, said urban development projects as well as local government agency efforts have
extended supporting utilities and infrastructure adjacent to the property; and
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WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project could have a significant effect on the environment, therefore, an
Environmental Impact Report was prepared for the project in accordance with 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 Final Environmental
Impact Report; and
WHEREAS, the laws and regulations relating to the preparation and adoption of the Final
Environmental Impact Report as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff and the Planning Commission; and
WHEREAS, the cancellation is for land on which a notice of non renewal has been served
pursuant to Section 51245 of the Government Code; said notice was recorded on October 13, 2000, as
Document No. 0200128435 in the Office of the Kem County Recorder; and
WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands
from agricultural use, since the vast majority of land surrounding said project site is already either
developed, being developed, or has plans for development with remaining cultivated properties being
unaffected. The requested cancellation is considered a result of natural growth conditions and part of
an already expanding incorporated area; and
WHEREAS, the cancellation is for an altemative use which is consistent with the Metropolitan
Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0057; and
WHEREAS, the cancellation will not result in discontiguous patterns of urban development since
adjacent lands are developed or approved for urban development and the property lies within the City's
Sphere of Influence boundary as set forth by LAFCO, and that said project is located in the path of rapid
urban development, such that non-development of said project would cause discontiguous
development; and
WHEREAS, there is no proximate noncontracted land which is both available and suitable for the
use to which it is proposed or that development of the contracted land would provide more contiguous
patterns of urban development than development of proximate noncontracted lands. The project is
located south of approved urban projects and will result in a more contiguous pattern of urban
development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor has
determined the full market value of the land with respect to which the cancellation is requested, as
though it was free of the contractual restriction, and has certified to this Planning Commission that the
most recently announced Kern County assessment portion is 100%, and that the cancellation fee is
$1,605,769 for the project site and has certified that there are no additional deferred taxes under
Government Code Section 51283; and
WHEREAS, the request for the cancellation of the Land Conservation Contract by QUAD
KNOPF, Inc., for Gosford-Panama Partners, LLC, was duly heard and considered by the Planning
Commission at a public hearing held July 5, 2005, and July 7, 2005; and
WHEREAS, there will be the payment of $1 ,605,769.00 for the cancellation fee for the project
site; and
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WHEREAS, that Zone Change No. 04-0057 for the property, is conditioned upon the payment of
the fee calculated by the Kern County Assessor noted above, prior to any further urbanization of the
property; and
WHEREAS, by Resolution NO.1 02-05 on July 7,2005, the Planning Commission recommended
approval and adoption of the cancellation of the Land Conservation Contract (Williamson Act) subject to
conditions listed in Exhibit "B" 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,
September 7,2005, on the above described proposal, notice of time and place of the hearing having
been given at least ten (10) calendar days before the hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
2. That the applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Environmental Impact Report.
3. All required notices have been given.
4. That an Environmental Impact Report for the proposed cancellation of the Land
Conservation Contract (Williamson Act) is hereby recommended for approval.
5. That the City Council has, pursuant to Section 51282 of the Government Code,
made the required findings to approve the cancellation of the Land Conservation
Contract as set forth in attached Exhibit "C" and incorporated herein.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the proposed development.
7. That the cancellation of the Williamson Act Contract is conditioned upon the
payment of the $1 ,605,769 which is the fee calculated by the Kern County Assessor,
prior to any further urbanization of the property.
8. The cancellation of the Williamson Act Contract shall not occur until the project site
is annexed to the City of Bakersfield.
9. As to the cancellation of the Land Conservation Contract (Williamson Act) on
approximately 300 acres, as requested by the applicant and shown on the attached
map in Exhibit "A", located south of Panama Lane to McCutchen Road, west of
Gosford Road to Progress Road, the City Council hereby adopts such cancellation,
subject to prior approval of General Plan Amendment 04-0057 and Zone Change 04-
0057 and subject to conditions of approval shown on Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
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OF BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein, are true and correct.
2. The Environmental Impact Report for the Williamson Act Cancellation is hereby
approved and adopted.
3. Based on the absðnce of evidence in the record as required by Section 21082.2 of
the State of California Public Resources Code (CEQA) for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore must be granted a "de minim us" exemption in
accordance with Section 711 of the State Resources Code. Additionally the
assumption of adverse effect is rebutted by the above-referenced absence of
evidence in the record and the lead agency's decision to prepare an Environmental
Impact Report.
4. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
5. The City Council has made findings pursuant to Section 51282 of the Government
Code.
6. The Williamson Act Contract cancellation will not take affect until said property is
annexed to the City of Bakersfield.
7. The City Council hereby approves and adopts the cancellation of the Land
Conservation Contract (Williamson Act) on approximately 300 acres in the City of
Bakersfield locate.d south of Panama Lane to McCutchen Road, west of Gosford
Road to Progress Road, subject to conditions of approval shown on Exhibit "A".
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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 SEP 2 R 2005 , by
the following vote:
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\.AYE . COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD. HANSON. SULLIVAN. SCFiiVNER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio
Council of the City of Bakersfi
SEP 2 8 '2005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By: ~ìn-.~
ATTACHMENTS:
EXHIBIT "A" - Location Map
EXHiBIT "B" - Mitigation and Conditions of Approval.
EXHIBIT ":::;" - Statement Indication for Gov. Code Section 51282
MO:djl
S:IGPA 2nd 2005104-0057 Panama-Gosford EIRIResolutionslres.Williamson.cc,doc
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EXHIBIT "A"
Location Map
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EXHIBIT "B"
Mitigation and Conditions of Approval
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EXHIBIT "B"
MITIGATION / CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0057
1. WILLIAMSON ACT CONTRACT CANCELLATION
1a. Prior to any further urbanization of the project site, the payment of the
cancellation fee calculated by the Kern County Assessor's Office shall be paid to
Kern County, the calculated fee is $1,605,769.00 for the project site. The
documentation stating that the fee was paid shall be submitted to the Planning
Department. (Condition).
2. PUBLIC HEALTH AND SAFETY
Short-Term (Construction) Impacts
Stained Soils
2a. Soil characterization and sampling of the stained soil within the Project site shall
be conducted as needed to deterrnine the presence or absence of hazardous
materials prior to grading activities, If concentrations of materials are detected
above regulatory cleanup levels during demolition or construction activities, the
following rnitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate,
Prior to issuance of building perrnits, all oil-contarninated soils shall be
remediated to the satisfaction of the Local Unified Prograrn Agency (the Office of
Environmental Services of the Bakersfield City Fire Department) in conjunction
with the State Regional Water Quality Control Board and/or the California
Department of Toxic Substances Control.
Water Wells
2b. The agricultural water wells shall be properly removed and abandoned pursuant
to the latest procedures required by the local agency with closure responsibilities
for the wells. Any associated equiprnent (i.e., generators and pumping rnaterials)
shall be rernoved off-site and properly disposed of at a perrnitted landfill. A visual
inspection of the areas beneath the rernoved materials (if present) shall be
performed.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Waste Oil and Oil Filters
2c. The waste oil, oil filters, and buckets shall be removed off-site and properly
disposed of at an approved landfill facility. Then the areas beneath and around
the removed materials shall be visually inspected. Any stained soils observed
underneath the materials shall be sampled and analyzed. If analysis detects
concentrations of materials above regulatory cleanup levels, the mitigation
measure shall include:
· Excavation and disposal at a permitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate,
Aboveqround Storaqe Tanks
2d. Any aboveground storage tanks (ATS) on site shall be removed and properly
disposed of at an approved landfill facility then the areas beneath and around the
removed ASTs shall be visually inspected. Any stained soils observed
underneath the ASTs shall be sampled. If concentrations of materials are
detected above regulatory cleanup levels during sampling activities, the
mitigation measure shall include:
· Excavation and disposal at a perrnitted, off-site facility;
· On-site treatment; or
· Other measures as appropriate.
Transformers
2e. Any removal or relocation of transformers shall be conducted under the purview
of the local utility purveyor to identify proper handling procedures regarding
potential polychlorinated biphenyls (PCBs).
Agricultural Uses
2f. Prior to issuance of any grading permit, the Project applicant shall perform soil
tests to deterrnine concentrations of pesticide and fungicide residues that may be
present within the Project site. Should contamination 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
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Bakersfield and responsible regulatory agencies), to reduce contaminants to
acceptable levels.
Asbestos-Containing Materials
2g. Prior to demolition activities, an asbestos survey shall be required to determine
the presence or absence of asbestos-containing materials. The results of the
survey shall be submitted to the City of Bakersfield. If asbestos-containing
materials are found, abatement of asbestos shall be required before any
demolition activity that would disturb asbestos-containing materials or create an
airborne asbestos hazard is permitted. Asbestos removal shall be performed by
a State-certified asbestos containment contractor in accordance with San
Joaquin Valley Air Pollution Control District (SJV APCD) Rule 8021, which
requires:
· A survey of the facility prior to issuance of a permit by SJV APCD;
· Notification of the SJVAPCD prior to construction activity;
· Removal of asbestos in accordance with prescribed procedures;
· Placernent of collected asbestos in leak-tight containers or wrapping; and
· Proper disposal of the asbestos.
Lead-Based Paints
2h. Prior to demolition activities, a survey shall be conducted to determine the
presence or absence of lead-based paint. The results of the survey shall be
submitted to the City of Bakersfield. If lead-based paint is found, abaternent shall
be required before any demolition activities occur that would create a lead dust or
fume hazard. Lead-based paint removal shall be performed in accordance with
California Code of Regulation Title 8, Section 1532.1, which specifies exposure
lirnits, exposure monitoring, and respiratory protection, and rnandates good
working practices by workers exposed to lead. The contractor perforrning lead-
based paint removal shall provide evidence of certified training for lead-related
construction work.
Valley Fever
21. Refer to AIR QUALITY, NO.6 regarding fugitive dust mitigation measures.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
2j. Pursuant to SJVAPCD Regulation VIII-Fugitive PM1Q Prohibitions, all areas with
bare soil exposed as a result of Project earthwork activities shall be landscaped
at the earliest time possible or stabilized by watering when winds exceed 20
miles per hour (rnph) in order to reduce the potential inhalation of spores causing
Valley Fever.
3. AESTHETICS/LIGHT AND GLARE
Short-Term (Construction) Aesthetic Impacts
3a. Temporary construction equiprnent staging areas shall be located within the
Project site through the duration of construction. Appropriate screening (e.g.,
temporary opaque fencing [six feet in height]) will be used to buffer views of
construction equiprnent and material, when feasible. Staging locations shall be
indicated on final plans and grading plans are subject to review and approval of
the City Planning Department. Additionally, all construction activities would be
required to be consistent with the Municipal Code requirernents and conditions of
approval
Long-Term Aesthetic Impacts
3b. Design review shall be required of all new development through the architectural
and site review process prior to the issuance of a development permit. The
review should determine whether the proposed developrnent is consistent with
current developrnent ordinances. This shall be subject to review and approval of
the Planning Departrnent.
3c. All mechanical and electrical equipment to be installed on the structure or on the
ground shall be adequately screened from public view. The screening shall be
considered as an element of the overall design and must blend with the
architectural design of the building and/or landscaping, as appropriate.
Construction plans for the buildings shall indicate any fixtures or equipment to be
located on the roof of the respective structure, equipment types, and design of
the screening material. The rnethod of screening shall be reviewed by and
subject to approval of the City Planning Department.
Light and Glare Impacts
3d.
To ensure that the project's exterior lighting does not spill over onto the adjacent
uses, all exterior light fixtures, including street lighting, shall be shielded or
directed away frorn adjoining uses, pursuant to all applicable lighting standards
and all requirements of the City Municipal and Zoning codes.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
4. TRAFFIC AND CIRCULATION
Short-Term (Construction) Impacts
4a. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be
submitted for review and approval to the City of Bakersfield Public Works
Department. Such plan shall consist of prior notices, adequate sign posting, and
detours (including for pedestrians and bicyclists). The TMP shall specify
implementation timing of each plan element (prior notices, sign-posting, detours,
etc.) as deterrnined appropriate by the City Engineer. Adequate access to and
from adjacent residential areas shall be provided at all times. The TMP shall be
reviewed and approved by the City Police and Fire Departments so that
construction does not interfere with any ernergency response or evacuation
plans. Construction activities shall proceed in a tirnely manner to minimize
impacts.
4b. Proper detours and warning signs shall be established to ensure public safety.
This includes the use of proper lighting (where appropriate); fencing and
shielding; proper storage of equipment and construction supplies; and covering
loose piles of soil, silt, clay, sand debris, or other earthen material.
Project Trip Generation
4c. Refer to Mitigation Measures 4d. and 4e., below.
Cumulative Traffic (2024 Conditions)
4d. Prior to issuance of building permits, the Project Applicant shall comply with the
City's Regional Transportation Irnpact Fee Program (RTIF) in accordance with
the standard residential, commercial, and industrial per- lot rate.
4e. For impacted intersections subject to fair-share improvernents (refer to Tables
5.5-11 and 5.5-13 in the Environrnental Impact Report for Gosford-Panarna
Project), the Project Applicant shall participate in the improvernents required on a
pro-rata fair-share basis, as indicated in Table 5.5-16 in the Environmental
Impact Report for Gosford-Panarna Project, (Future Intersection Improvements
and Loca/ Mitigation).
5. NOISE
Short-Term (Construction) Impacts
Page 5 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
5a. Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Planning Departrnent that (1) all construction equipment,
fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped
with properly operating and maintained rnufflers; (2) construction activities shall
be limited to the designated daytime hours as specified by the City of Bakersfield
(currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No
construction is allowed on Federal holidays. These restrictions apply to all
trucks, vehicles, and equiprnent that are making or involved with material
deliveries, loading or transfer of rnaterials, equipment service, and maintenance
of any devices for or within the Project construction site.
5b. During construction, stationary construction equipment shall be placed such that
ernitted noise is directed away from noise-sensitive receptors, to the satisfaction
of the Building Official.
5c. Prior to approval of the project plans and specifications by the City Planning
Departrnent, the construction contractor shall incorporate feasible muffling
features into all construction vehicles and equiprnent and into construction
rnethods, and shall maintain all construction vehicles and equipment in efficient
operating condition.
5d. The Project plans and specifications prior to approval by the City Planning
Departrnent, shall stipulate that stockpiling and construction vehicle staging
areas shall be located as far away as practical from noise-sensitive receptors
during construction activities.
On-Site Mobile Source Impacts
5e. A wall shall be constructed along the rear yards of residences adjacent to
Progress Road, Gosford Road, Panama Lane, and McCutchen Road. As a
condition of approval, a final acoustical analysis shall be conducted to the
satisfaction of the City Planning Department to confirm the required location and
height of sound walls when a site plan with sufficient detail is available (i.e., site
grading, pad heights, lot design, and setbacks).
Stationary Source Impacts
5f. Prior to building permit issuance, a site plan shall be submitted to the City
Planning Departrnent, that illustrates that stationary noise sources, (including
loading dock facilities, rooftop equiprnent and trash compactors) have been
placed as far as practicable from residential uses.
Page 6 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
5g. Directional speakers shall be shielded and/or oriented away from off-site
residences to the satisfaction of the City Planning Department.
Existing Industrial Impacts (Off-Site)
5h. As a condition of approval, when a site plan with sufficient detail is available, a
final acoustical analysis shall be conducted to the satisfaction of the City
Planning Department to confirm that the acoustical barrier to attenuate noise
levels from the Vulcan Asphalt Batch Plant has the required height and
placernent.
51. As a condition of approval, when a site plan with sufficient detail is available, a
final acoustical analysis shall be conducted to the satisfaction of the City
Planning Department to confirrn that the acoustical barrier to attenuate noise
levels frorn the Golden Empire Concrete Plant has the required height and
placement.
5j. Centralized heating/ventilation/air conditioning units (HVAC) shall be installed in
second-floor bedrooms that have a direct line-of-sight to off-site industrial
activities. The HV AC units should be designed to supply two air changes per
hour for each habitable room, with a minimum of 15 cubic feet per minute of
outside air per occupant. The fresh air inlet duct shall be of sound-attenuating
construction and shall consist of ten feet of straight or curved duct plus one sharp
90-degree bend. Additionally, these affected units shall include double-paned or
Sound Transmission Class (STC) rated windows.
5k. Single-story homes shall be located along perirneter walls between residential
and nonresidential uses. As a condition of approval, a final acoustical analysis
must be conducted to the satisfaction of the City Planning Department to confirm
whether additional sound attenuation is necessary.
6. AIR QUALITY
Short-Term (Construction) Emissions
6a. To minimize engine exhaust emissions during Project construction, the Applicant
shall implement the following measures:
. Properly and routinely maintain all construction equipment, as
recornmended by manufacturer's manuals, to control exhaust emissions.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
· Shut down equipment when not in use for extended periods of time, to
reduce exhaust emissions associated with idling engines.
· Encourage ride-sharing and use of transit transportation for construction
employees cornrnuting to the Project site.
· Use electric equiprnent for construction whenever possible in lieu of fossil
fuel-fired equipment.
· Curtail construction during periods of high arnbient pollutant
concentrations; this may include ceasing construction activity during the
peak hour of vehicular traffic on adjacent roadways.
6b. Construction of the Project requires the implementation of control measures set
forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District
(SJAPCD) Fugitive PMlO Prohibition. The following mitigation measures, in
addition to those required under Regulation VIII of the SJVAPCD, shall be
implemented to reduce fugitive dust emissions:
·
Prior to issuance of a grading perrnit, the Applicant shall prepare and
submit a dust control plan, which consistent with SJVAPCD Regulation
VIII, rnust be reviewed and approved by the SJVAPCD before beginning
grading activities. The dust control measures selected shall be
incorporated as a note on each grading plan. A six-foot high dust fence
shall surround the construction site during prirnary grading activities.
·
Dust in all disturbed areas, including storage piles, that are not being
actively utilized for construction purposes shall be effectively stabilized by
applying water; using a chemical stabilizer or suppressant; covering with a
tarpaulin or other suitable cover; or establishing a vegetative ground
cover.
·
Dust from all on-site and off-site unpaved access roads shall be effectively
stabilized by applying water or using a chemical stabilizer or suppressant.
·
Fugitive dust emissions during all land clearing, grubbing, scraping,
excavation, land leveling, grading, cut-and-fill, and demolition activities
shall be effectively controlled by applying water or by presoaking.
· When materials are transported off-site, all material shall be covered or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
· All operations shall limit or expeditiously rernove the accumulation of mud
or dirt from adjacent public streets at the end of each workday. (The use
of dry rotary brushes is expressly prohibited, except where preceded or
accornpanied by sufficient wetting to limit the visible dust emissions. Use
of blower devices is expressly forbidden),
· After adding materials to, or removing materials from, the surface of
outdoor storage piles, fugitive dust from said piles shall be effectively
stabilized by applying sufficient water or chemical stabilizer or
suppressant.
· Within urban areas, trackout shall be immediately rernoved whenever it
extends 50 or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall corn ply with SJV APCD Rule 4641 and
restrict the use of cutback, slow-cure, and ernulsified asphalt paving
materials.
· Cease grading activities during periods of high winds (greater than 20
rniles per hour (mph) over a one-hour period).
· Lirnit the speed of construction-related vehicles to 15 rnph on all unpaved
areas at the construction site.
· Implement, carryout, and trackout rnitigation rneasures, such as gravel
pads, in accordance with the requirements of the SJVAPCD Regulation
VIII.
Long-Term (Operational) Impacts
6c. To reduce emissions from rnobile sources, incorporate transportation control
measures and design features into the Project. The below-listed control
measures provide a strategy to reduce vehicle trips, vehicle use, vehicle,miles
traveled, vehicle engine idling, and traffic congestion for the purpose of reducing
rnotor vehicle emissions and are therefore required in order to achieve the
necessary emission reduction,
Page 9 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
· Throughout the Project, incorporate sidewalks, with adequate safety
signage and appropriate lighting. Connect sidewalks to any open space
or recreational areas and to nearby transit loading areas and/or shelters.
· The Project applicant shall incorporate the following in building plans:
· Bicycle racks shall be provided in the proposed comrnercial areas.
Location and number shall be shown on the Final Development Plans.
· Install electrical outlets and/or natural gas lines in backyards or patios to
encourage the use of electric landscaping equipment and natural gas
barbecues. No building permit can be issued without compliance with this
mitigation measure.
· At intersections and on street segments where traffic generated by the
proposed developments may irnpact the surrounding local roadway
system, improve streets and install traffic signals.
· The proposed project shall comply with Title 24 of the California Code of
Regulations established by the Energy Commission regarding energy
conservation standards. The project applicant shall incorporate the
following in building plans, subject to the review and approval of the City:
- solar or 10w-NOx emission water heaters shall be used;
- central water heating systems shall be used;
- double-paned glass shall be used in all exterior windows;
- energy-efficient low-sodium parking lot lights shall be used; and
- install energy-efficient and automated air conditioners.
6d. To achieve the emissions reductions as described above, mitigation programs
such as, but not limited to the following, shall be considered by the subdivider:
Public Works Improvement Proiects:
Project or projects approved by the City Public Works Departrnent that will result
in the reduction of emissions as described above. The improvements for said
project must be completed and accepted by the Public Works Department prior
to recordation of individual development phases. The project(s) selected shall be
one(s) not otherwise funded or constructed with this proposed project. The
subdivider is responsible for all costs to determine the emission reductions
associated with proposed Public Works project(s). Documentation for public
works improvernent project(s) demonstrating rnitigation compliance shall be
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Mitigation/Conditions of Approval
GPAlZC 04-0057
submitted to the Planning Director prior to recordation of individual development
phases. The types of public works improvement project(s) used for the reduction
in emissions may include but are not lirnited to the following types:
· Construction of a new warranted signal.
· Modification of an existing signalized intersection to add additional left
turn storage or dedicated right turn capability.
Other Proiects:
These are non-public works projects selected by the subdivider that shall result in
the reduction of emissions as described above. The subdivider is responsible for
all costs to deterrnine the emission reductions associated with the proposed
project(s). Proof of mitigation compliance shall be subrnitted to the Planning
Director prior to recordation of individual development phases. Proof of
compliance may include docurnentation of the number, type and year of cars
crushed; location and type of engine modified, photo docurnentation and
quantification of emission reduction by the San Joaquin Valley Air Pollution
Control District or an air quality consultant. The types of project(s) used for the
reduction in emissions may include but are not limited to the following types:
· Car crushing of older model cars.
· Modification to stationary diesel engines, such as those under
agricultural use.
· Modification of fleet vehicles and/or other rnobile sources.
SJVAPCD Mitiaation Fund:
Should the SJVAPCD implement an air quality mitigation programr the
subdivider, could elect to participate as set forth below.
· Mitigation fees ("funds") are based on current market price coupled
with available alternative emission reduction opportunities within the
City as follows:
Current Est. Trade Price
Estirnated Retrofit Cost
Mitigation fee price
Required RaG offset mitigation'
= $20,000 per ton
= $19,000 per ton
= $20,000 per ton
= 40,16 tons
Page 11 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
(see Table 5.7-17 and 5.7-18)
Requires NOx offset mitigation*
(see Table 5.7-17 and 5.7-18)
- Total Retrofit
= 40.72 tons
= 80.88 tons
* Required emissions reduction to reduce project air impacts below
significance thresholds (10 tons per year).
. A total rnitigation fee of $647,040 will be paid by the current property
owner or its assigns.
- 80.88 TONS ($20,000/ton) X (40%*) = $647,040
* Estimated percentage of air emissions attributable to new, out of air
basin sources relocating to the San Joaquin Valley Air Basin.
. The SJVAPCD may use the funds immediately or retain thern to apply
to future replacernent, retrofit opportunities, purchase of open space
land or other appropriate air quality mitigation measures within the
Metropolitan Bakersfield Sphere of Influence. Proof of payrnent shall
be provided to the Planning Director prior to the recordation of each
phase.
Cumulative Impacts
6e. Refer to (Mitigation Measures) Condition Nos. 6c. and 6d., above.
7. BIOLOGICAL RESOURCES
Short-Term (Construction) Impacts
7a. Construction vehicle speed limits shall not exceed 20 mph and shall be posted
throughout the site for the duration of construction activities.
7b. During construction, all pipes, culverts or similar structures with a diameter of
four inches or greater shall be kept capped to prevent entry of kit fox. If not
capped or otherwise covered, the openings shall be inspected twice daily in the
morning and evening and prior to burial or closure, to ensure no kit foxes or other
wildlife become entrapped or buried in pipes.
7c.
Excavations shall be provided with escape ramps or otherwise be covered to
prevent entrapment, or the site could otherwise be protected during construction
Page 12 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
through deployment of a wildlife exclusion fence, which would eliminate the
possibility of ranging animals from being harrned during construction. Open
excavations shall be checked twice daily, in the morning and evening, to
preclude loss of wildlife from entrapment.
7d. Provide open culverts during construction to reduce vehicular mortality at fox
crossing roads.
Special-Status Wildlife
7e. As required by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP)
take avoidance measures for San Joaquin kit fox dens, follow all agency
guidelines regarding kit fox tracking and excavation to prevent entrapment of
animals in potential dens,
71. Prior to construction, conduct preconstruction surveys for known dens, bat roosts
within the water tower, building attics, and nest sites and implement appropriate
and/or necessary take avoidance measures for the San Joaquin kit fox and
protected bird species in accordance with the MBHCP and the Migratory Bird
Treaty Act.
7g. Conduct preconstruction surveys prior to disking and/or ground disturbance
activities to ensure that no California ground squirrel burrows are present and to
prevent potential entraprnent of burrowing owls. Survey the buildings and water
tower to ensure that no raptors are nesting at the tirne of demolition. If nests are
encountered, use agency-approved buffer zones and avoid nests until the young
have fledged.
7h. If any previously unidentified protected species that is not addressed in the
MBHCP is found to be present, avoid the species and have it evaluated by a
qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the
California Departrnent of Fish and Game (CDFG) any previously unreported
protected species. Any take of protected wildlife shall be reported immediately to
the CDFG and USFWS.
Long-Term Impacts
7i. Lighting shall be shaded or shielded and directed down and away frorn adjacent
agricultural areas to rninirnize increased predation of species that may be using
the adjacent agricultural fields. Refer to AESTHETICS/LIGHT AND GLARE, No.
3 regarding light spillover and glare rnitigation measures.
Page 13 of 32
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Mitigation/Conditions of Approval
GPAlZC 04-0057
7j. All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals to the site where they may be harmed.
8. CULTURAL RESOURCES
Archaeological Resources
8a. If archaeological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the City shall retain a
qualified archaeologist, at the owners/developers expense, to evaluate the
significance of the finding and appropriate course of action. Salvage operation
requirernents pursuant to Section 15064.5 of the CEQA Guidelines shall be
followed and the treatment of discovered Native American remains shall comply
with State codes and regulations of the Native American Heritage Commission.
8b. If human remains are discovered as a result of the Project during any earth
removal or disturbance activities, all activity shall cease irnmediately, the Kern
County Coroner's Office must be notified immediately under state law, and a
qualified archaeologist and Native American monitor shall be contacted. Should
the Coroner determine the human remains to be Native American, the Native
American Heritage Commission shall be contacted pursuant to Public Resources
Code Section 5097.98.
9. PUBLIC SERVICES AND UTILITIES
Fire Protection
9a. Future developrnent projects shall be reviewed by the City of Bakersfield and/or
County of Kern Fire Departrnents. Specific Departrnent requirements for access,
fire flow, hydrants, or other fire and life safety requirements shall be addressed at
the subsequent property entitlement phase.
9b. Residential projects shall meet fire-flow requirements in accordance with relevant
City building codes, City fire codes, and the requirements of the Kern County Fire
Departrnent
9c. Traffic signal pre-emption devices shall be installed on all new traffic signals and
a signal pre-ernption transmitter shall be provided by the applicant for the City of
Bakersfield Fire Department and Kern County Fire Department.
Page 14 of 32
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Prior to filing a final tract or parcel map, the developer/owner shall record a
covenant for each lot in the subdivision that prohibits the export of groundwater
from the subdivision except by the water purveyor that is serving the subdivision.
Additionally, the developer/owner shall pay City fees for inspection of installation
of water facilities and City Water Availability Fees. Payment of fees shall be
made to the City on a pro-rata basis prior to final acceptance and recordation of
each phase of the Project, based on the percentage of the gross acreage
contained in the particular phase to be accepted and recorded, as compared with
the total gross acreage within the entire Project. All water main, service
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
9d. Because of the potential increase in construction activity and population and the
resulting increase is medical aid calls, an automated external defibrillator (AED)
shall be provided by the applicant to the City of Bakersfield and Kern County Fire
Departrnent.
ge. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction
mitigation measures.
Police Protection
9f. Refer to TRAFFIC AND CIRCULATION, No. 4 for short-term construction
mitigation rneasures.
Schools
9g. Prior to issuance of a building permit for any residence within the Project area,
the applicant shall pay fees to the Lakeside School District in the amount of
$91.90 per residential unit and $51.69 per parcel of undeveloped property.
Additionally, there are developer school irnpact fees levied at $2.24 per square
foot of residential construction and $0.36 per square foot of commercial and
industrial development within the boundaries of the District; the current fees the
Project Applicant shall pay to the Kern County High School District are 35% of
the statutory $2.24 per square foot for single-family detached housing.
Parks and Recreation
9h. In accordance with an ordinance of the City of Bakersfield, land rnust be
dedicated for park uses by the developer of new residential subdivision projects
at a standard of 2,5 acres per 1,000 persons, or the developer rnust pay in-lieu
fees of $1 ,275 per residential unit.
Water Resources
91.
Page 15 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
connections, and fire hydrants shall be installed by the developer and dedicated
to the City. Plans and specifications for such water mains and appurtenances
shall be prepared by and/or approval of plans for installation shall be by the City
of Bakersfield. All irnprovements rnust be installed or bonded for prior to the City
issuing a letter guaranteeing a water supply.
Solid Waste
9j. All construction debris and construction-related debris shall be separated into
recyclable and non-recyclable items to the greatest extent possible. All
recyclable debris shall be transported to appropriate recycling facilities so as to
reduce waste disposed of at County landfills. To the maximum extent possible,
recyclable materials and materials consistent with the waste-reducing goals of
the City shall be used for all aspects of construction.
10. CITY ATTORNEY CONDITION
10a. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield,
its officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before adrninistrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or
not, except for CITY's sole active negligence or willful misconduct.
This indernnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued.
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and the
City is not obligated to use any law firm or attorney chosen by another entity or
party.
11. PUBLIC WORKS CONDITIONS
Page 16 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
11 a. Prior to approval of any developrnent plan, irnprovement plan, or application for a
lot line adjustrnent, the following shall occur:
· Developer shall provide fully executed dedication for Gosford Road and
McCutchen Road and Panama Lane to arterial standards and Berkshire
Road to collector standards for the full frontage of the area within the GPA
request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Subrnit a current title report with the dedication docurnents.
· Developer shall submit a conceptual drainage study to be reviewed and
approved by the City Engineer. No more than 3 sumps rnay be utilized to
serve this area; these surnps should be located so that they may be
available to serve adjacent areas as they develop. The study shall be
approved and any required retention site and necessary easements
dedicated to the City. The developer shall form a Planned Drainage Area
or provide some other mechanisrn as approved by the City Engineer to
ensure the construction of the drainage facilities and the payment of the
pro-rata share of the facilities by all of the affected property.
· Sewer service must be provided to the GPAlZC area. Subrnit verification
to the City Engineer of the existing sewer systern's capability to accept the
additional flows to be generated through development under the new land
use and zoning.
· Developer shall pay median fees for all arterial roads within the
boundaries of the GPAlZC area, The payrnent of these fees may be
phased to match the construction phasing of the project.
11 b. The entire area covered by this area covered by this General Plan Arnendment
shall be included in the Consolidated Maintenance District. The applicant shall
pay all fees for inclusion in the Consolidate Maintenance District with subrnittal of
any development plan, tentative subdivision rnap, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area.
11 c. The Berkshire Road crossing of the Stine Canal needs to be constructed to serve
this area. Developer shall aid in the formation of a Major Road and Thoroughfare
District for the construction of the crossing.
11d. Traffic - Local Mitigation: The developer shall pay the proportionate share of the
local mitigation rneasures as indicated in Table 5.5-16 of the DEIR (copy on file
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
at City) (SEE next page showing Table5.5-16), percent shares shall be based
upon the Caltrans methodology, percentage in parenthesis (%).
Prior to developrnent or recordation of any subdivision the project engineer shall
prepare, and have approved by the City Engineer, an estirnate and fee schedule
for these local mitigation items, where not already accounted for by adjacent
development projects.
11 e. Traffic - Regional Transportation Irnpact Fee: The developer shall pay the
standard residential, comrnercial and industrial fees as adopted at time of
development. For any retail use exceeding the 100,000 SF fixed fee rate lirnit,
the fee shall be computed by special study in compliance with City policy.
Page 18 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
TABLE 5.5-16
Future Intersection Irnprovements & Local Mitigation
Local Mitigation Project %
Intersection Total Improvements (Improvements Share or Local
Required by 2024 not cove~~d by Mitigation
RTIF
Gosford Road & Ming Avenue 1WBR, - -- 1.86%
1 NBR (6.33%)
Ashe & White Lane 1 EBL, 1 EBL,
1 WBL, 1 WBL, 2.5%
1 NBL, 1 NBL, (10.35%)
1 SBL 1 SBL
Gosford Road & White Lane Revise sianal timina - -- -- -
Gosford Road & District Boulevard 1 NBL 1 NBL 12.84%
1 SBL 1 SBL (31.06%)
Old River Road & Pacheco Road Install Signal I nstall Signal
1 EBL, 1 EBL, 21.78%
1 WBL, 1 WBL, (22.81%)
1 NBL, 1 NBL,
1 SBL 1 SBL
Buena Vista Road & Harris Road Install Signal 1 EBL,
1 EBL, 1 WBL 8.31%
1 WBL, (12.33%)
2 NBL,
1 NBT,
2 SBL,
1 SNT
Old River Road & Harris Road Install Signal 1 EBL, 22.09%
1 EBL, 1 WBL (22.27%)
1 WBL,
1 NBL,
1 SBL
2
The methodology for calculating the percent shares shown in Table 5.5-16 and
5.5,17 are discussed in Appendix 15.4, Traffic Study.
Page 19 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
Local Mitigation Project %
Intersection Total Improvements (Improvements Share or Local
Required by 2024 not covered by Mitigation
RTIF\
Progress Road & Harris Road Install Signal 1 EBL, 1 WBL, Install Signal - 1 15.68%
1 NBL, 1 SBL EBL, 1 WBL, 1 (15.68%)
NBL, 1 SBL
Ashe Road & Harris Road Install Signal Install Signal 3.38%
16.24%)
Allen Road and Panama Lane Install Signal- 1 EBL, 1 WBL, 1 1 EBL, 1 NBL 4.26%
NBL, 1 SBL (4.26%)
Bartow Road & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 7.26%
NBL, 1 SBL (7.26°/:)
Buena Vista Road & Panama Lane Install Signal - 1 EBL, 1 EBT, 1
WBL, 1 NBL, 1 NBT, 1 SBL, 1 SBT -- . -- -
Mt. Vista Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 NBL, 1 SBL 13.78%
WBL, 1 NBL, 1 SBL 113.78%)
Old River Road & Panama Lane install Signal- 1 EBL, 1 EBT, 1
WBL, 1 WBT, 1 NBL, 1 NBT, 1 -- - -- -
SBL, 1 SBT
Progress Road & Panama Lane Install Signal 1 EBL, 1 EBT, 1 I nstall Signal - 32.12%
WBL, 1 WBT, 1 NBL, 1 SBL 1 NBL, 1 SBL 138.26%)
Commercial North Entrance & Install Signal- 1 EBT, 1 WBT Install Signal
Panama Lane _2
Gostord Road & Panama Lane Install Signal - 2 EBL, 1 EBT, 1
EBR, 2 WBL, 1 WBT, 2 NBL, 1 -- . -- -
NBT, 1 NBR, 1 SBL, 1 SBT
Reliance Drive & Panama Lane Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 13.65%
NBL, 1 SBL (21.84°/:\
Ashe Road & Panama Lane Install Signal- 1 EBL, 1 EBT, 1 1 SBL, 1 SBT 7.34%
EBR, 1 WBL, 1 WBT, 2 NBL, 1 (10.49%)
NBT, 1 SBL, 1 SBT
Golden Gate Drive & Panama Lane Install Slanal -- . - --
Wible Road & Panama Lane 1 WBL, 1 WBR3, 2 NBL, 1 NBT, 1 1 WBL, 1 WBR3, 1.93%
SBL. 1 SBT 2 SBT (5.5%)
Gosford Road & Commercial East Install Signal- 1 EBL. 1 EBT, 1 Install Signal- 1
Entrance EBR. 1 WBL, 1 WBT. 2 NBL. 1 NBL .2
NBT, 1 SBL, 1 SBT
Old River & Berkshire Road Install Signal- 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 7.45%
NBL, 1 SBL (7.45%)
Progress Road & Berkshire Road Install Signal- 1 EBL, 1 WBL, 1 Install Signal- 1 28%
NBL, 1 SBL EBL, 1 WBL, 1 (28%)
NBL, 1 SBL
Gosford Road & Berkshire Road Install Signai - 1 EBL, 1 WBL, 1 1 EBL, 1 WBL 45.65%
NBL, 1 SBL, 1 SBT 145.65%)
Buena Vista Road & McCutchen Install Signal- 1 EBL, 1 WBL, 1 1 EBL 7.5%
Road NBL, 1 NBT, 1 SBL 18.67%)
Page 20 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPA/ZC 04-0057
Local Mitigation Project %
Intersection Total Improvements (Improvements not Share or Local
Reauired bv 2024 covered bv RTIF) Mitiaation
Mt. Vista Drive & McCutchen Install Signal- 1 EBL, 1 WBL, Install Signal- 1 EBL, 15.17%
Road 1 NBL, 1 SBL 1 WBL, 1 NBL, 1 SBL (15.32%)
Old River Road & McCutchen Install Signal 1 EBL, 1 WBL, 1 NBL, 1
Road SBL - -- - --
Progress Road & McCutchen Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 35.56%
Road SBL (25.76%)
Gosford Road & McCutchen Install Signal-1 EBL,1 EBT, 1WBL, 1
Road WBT, 1 WBR, 2 NBL, 1 NBT, 2 SBL, 1 -- - - --
SBT
Ashe Road & McCutchen Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL -- . - --
Golden Gate Road & Install Signal 1 EBL, 1 WBL, 1 NBL, 1 1 NBL, 1 SBL 34%
McCutchen Road SBL (34%)
Stine Road & Hosking Avenue Install Signal - 1 EBL, 1 WBL, 1 NBL, 1
SBL -- - -- .
Akers Road & Hoskino Avenue Install Sinnal . -- - --
Wible Road & Hosking Avenue Install Signal- 1 EBT, 1 EBT, 1 WBL, 1
WBT, 1 NBL, 1 SBL -- - -- -
SR 99 SB & Hoskina Avenue Install Sinnal - 1 EBT, 1 WBT -- - - --
SR 99 NB & Hoskino Avenue Install Sional -- - -- -
Old River Road & McKee Road Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 1 EBL, 1 WBL 8.08%
SBL (8.08%)
Progress Road & McKee Road Install Signal 1 EBL, 1 WBL, 1 NBL, 1 Install Signal 1 EBL, 1 11.12%
SBL WBL, 1 NBL, 1 SBL (11.12%)
Gosford Road & McKee Road Install Signal- 1 EBR, 1 NBL 1 EBR 19.64%
(19.64%)
Old River Road (North) & Taft Install Signal - 1 EBL, 1 EBT, 1 EBR, 1 1 1
HiohwavS WBT, 1 WBR 5.07%
Old River Road (South) & Taft 1 NBT, 1 NBR, 1 SBL, 1 SBT4, 1 SBR4 NBT, NBR (11.35%)
Hiohwav5
Progress Road & Taft Highway Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 Install Signal - 1 NBL, 1 6.84%
SBL SBL (6.84%)
Gosford Road & Taft Highway Install Signal- 1 EBT, 1 WBT, 1 NBL, 1 1 EBL, 1 WBL 10.97%
SBL (24.45%)
Gosford Road & Curnow Road Install Signal- 1 EBL, 1 WBL, 1 NBL, 1 1 EBL 10.8%
NBT, 1 SBL {10.8%\
Notes:
1 Striping only.
2 The project will install the signal and language the time of buildout.
3 Utilize current right turn for additional WBT.
4 New lanes are to be on realignment north leg of intersection 5 Currently offset. Realign north intersection to meet south intersection
(%) Caltrans Percent Share.
5 NB: North bound; S8: South bound; EB: East bound; WB: West bound; L: Left turn lane; R: Right turn lane.
Source: Traffic StudY, Ruettaers & Schuler Civil Ennineers, November 2004.
Page 21 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
12. PLANNING COMMISSION CONDITIONS
12a. Prior to issuance of the first single family residential building perrnit, the
developer shall demonstrate to the satisfaction of the Planning Director that
photovoltaic systems will be offered to all single-family homebuyers as an
optional feature.
12b. Prior to recordation of final maps, the Public Works Department shall verify that
all associated improvement plans specify that all street lights are to be zero cutoff
fixtures.
12c. Upon recordation of the first subdivision map, the applicant shall construct to the
City of Bakersfield standards as approved by the Public Works Director, curb,
gutter and street at the commercial corner of Panarna Lane and Gosford Roads.
Upon the recordation of the 200th residential lot, the applicant shall construct to
City of Bakersfield standards as approved by the Public Works Director, curb,
gutter and streets at the comrnercial corner of McCutchen Road and Gosford
Road.
12d. In an attempt to reduce complaints and unwarranted investigations undertaken
by any public agency, the following disclosure shall be recorded as part of any
transfer of properties within the project site.
Your real property is adjacent or in the vicinity of property used for
agricultural operations and/or industrial operations, you may be subject to
inconveniences or discomforts arising frorn and associated with such
operations on any 24-hour basis. Said discomforts may include, but shall
not be lirnited to equiprnent noise, odors from manure, fertilizer, and other
chernicals, dust and/or smoke.
12e. All commercial zoning on the site shall be C-2 with a PCD (Planned Commercial
Development) overlay.
12f. If Progress Road is eliminated, the applicant shall complete Panama Lane, curb,
gutter and street from the project boundary west to the railroad tracks.
Added Conditions for Vulcan Materials Companv:
13. The developer shall promptly grant to Vulcan Materials Company fee title to a 30-
foot wide strip of land along a portion of the northern boundary of the proposed
Page 22 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
light industrial zone, including along 150 feet of Vulcan's property, as shown on
Figure 1 attached hereto. The strip will be used as a private roadway for
industrial access for trucks and other vehicles between Progress Road and
Vulcan's plant property. If approval of a lot line adjustment, parcel map waiver,
or other perrnit is necessary to effectuate this grant, Developer shall promptly
process the lot line adjustment, parcel rnap waiver, or other permit and grant
Vulcan fee title to the 30-foot wide strip irnmediately upon approval thereof by the
City. Prior to the recording of the deed for the strip, Vulcan shall have a
temporary easement to use the strip for this same roadway use. Developer
acknowledges that Vulcan retains the current access points frorn Panama Lane
to its facilities.
14. The developer shall install, as and when warranted, a traffic signal at the
intersection of Progress Road and Panama Lane, which traffic signal is
specifically identified as a required Local Mitigation in Table 5.5-16 of the Final
EIR for the Project. The traffic signal shall be consistent with City of Bakersfield
standards as approved by the Public Works Director. The traffic signal shall
have, if approved by City, a protected left turn phase for traffic turning onto
southbound Progress Road from westbound Panama Lane and a protected left
turn phase for traffic turning onto westbound Panama Lane from northbound
Progress Road. Whether or not such protected left turn phases are approved or
provided, City will permit left turns onto southbound Progress Road from
westbound Panama Lane, and City will permit left turns onto westbound Panama
Lane from northbound Progress Road. The requirernent to install this traffic
signal does not eliminate the requirernent to install or construct any other
irnprovernents at or near this intersection called for by the Bakersfield General
Plan or other applicable City requirernents, the Project EIR, and/or any other
conditions of approval for the Project.
15. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LI and zoned M-1, Developer shall construct a masonry wall, not
less than six feet high, on the Project site irnmediately adjacent to the southern
perimeter of Vulcan's property (including the 30-foot strip to be granted to Vulcan
pursuant to Condition 13 above). Developer, and all future owners of
property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
16.
Prior to issuance of any certificate of occupancy within the area proposed to be
designated as HMR and zoned R-2 and/or the area proposed to be designated
as MC and zoned C-2, Developer shall construct a rnasonry wall, not less than
six feet high, on the Project site along the southern boundaries of the area
proposed to be designated as MC and zoned C-2, all as shown on Figure 1
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Page 23 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
attached hereto. The bottom of the wall shall be at grade level of the adjacent
residences. Developer, and all future owners of the property(ies) where such
wall has been installed, shall be responsible for maintaining such wall in good
condition and repair.
17. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LMR zoned R-2 (MH overlay) and/or the area proposed to be
designated as MC and zoned C-2, Developer shall construct a masonry wall, not
less than six feet high, on the Project site along the western boundary of the area
proposed to be designated as MC and zoned C-2, all as shown on Figure 1
attached hereto. The bottom of the wall shall be at grade level of the adjacent
structures. Developer, and all future owners of property(ies) where such wall has
been installed, shall be responsible for maintaining such wall in good condition
and repair.
18. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as LMR and zoned R-2 (MH overlay) and/or the area proposed to be
designated as LI and zoned M-1, Developer shall construct either a 7-foot high
masonry wall atop a 3-foot high earthen berrn or a 10-foot high masonry wall on
the Project site along the southern boundary of the area proposed to be
designated as LI and zoned M-1, as shown on Figure 1 attached hereto. The
bottom of the 3-foot high berm or the 10-foot high wall shall be at grade level of
the adjacent residences. Developer, and all future owners of property(ies) where
such wall has been installed, shall be responsible for maintaining such wall in
good condition and repair.
19. Prior to issuance of any certificate of occupancy within the area proposed to be
designated as MC and zoned C-2, the developer shall install a row of trees
adjacent to the masonry wall required by Conditions 16 and 17 above, as shown
on Figure 1 attached hereto. At the time of construction of the masonry wall
required by Condition 18 above, Developer shall install a row of trees adjacent to
such wall as shown on Figure 1 attached hereto. All such trees shall be planted
and maintained in accordance with City site development, zoning and/or PCD
standards, shall be spaced not more than 20 feet apart, and shall be of a size
sufficient to exceed the height of the adjacent wall at full growth.
Page 24 of 32
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
20. The developer shall construct a masonry wall, which shall be at least 6 feet high
in all locations, on the Project site along the perimeter of the proposed residential
area, except in such locations as higher walls are required by these conditions of
approval. The wall rnay be constructed in sections, provided that each section
shall be constructed prior to issuance of any certificate of occupancy for any
residential unit within the development phase that includes such section of wall.
Developer, and all future owners of property(ies) where such wall has been
installed, shall be responsible for maintaining such wall in good condition and
repair.
21. All residences constructed in the area proposed to be designated as LMR and
zoned R-2 (MH overlay) shall be limited at all times to one story. This area of
limitation is further illustrated in Figure 1 attached hereto.
22. The westernmost buildings in the proposed commercial center in the Project
adjacent to the eastern boundary of Vulcan's property (a) shall be set back at
least 60 feet from the eastern boundary of Vulcan's property, (b) shall be at least
30 feet in height, and (c) shall be designed and constructed so that walls facing
Vulcan's property do not include any storefronts, all as shown on Figure 2
attached hereto.
23. Noise levels in residences within the Project site shall be further mitigated
through the use of noise-reducing components adequate to reduce noise from
nearby heavy industrial sites and operations, including but not limited to dual-
paned windows and air conditioning.
24. The developer shall include the following disclosure provision in any grant deed
to any grantee of any property within the Project site:
Grantee hereunder acknowledges and agrees that the
subject property is located in the vicinity of active industrial
uses and operations, including the production of concrete,
asphalt and other construction rnaterials. Grantee also
acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise,
vibration, bright lights, unattractive visual appearance, hours
of operation, and heavy truck traffic on Gosford Road,
Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this sarne
paragraph in any subsequent deed by Grantee of all or any
portion of the subject property.
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Mitigation/Conditions of Approval
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25. Conditions 13-24 above (a) shall be in addition to, and not in lieu of or
substitution for, any other condition of approval or mitigation measure; (b) shall
govern over any conflicting provision of any other condition of approval or
mitigation rneasure; and (c) shall not be amended, modified or waived without at
least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent
industrial properties. Nothing in Conditions 13-24 above or any other condition of
approval or mitigation measure shall be deemed to confer any jurisdiction of the
City over any such industrial properties prior to any annexation thereof.
Added Conditions for Golden Ernpire Concrete:
26. Promptly upon annexation of the Project site into the City, subject to approval by
City and County, to the extent such approval is required, Developer shall cause a
three-way stop sign to be installed at the intersection of Gosford Road and
McCutchen Road.
27. Upon recordation of the final rnap containing the 200th residential lot in the
Project, Developer shall install a traffic signal at the intersection of Gosford Road
and McCutchen Road. Developer acknowledges that Golden Empire Concrete
retains the current access points from McCutchen Road and Gosford Road to its
facility.
28. The median design along McCutchen Road, in the vicinity of the Gosford Road
intersection, shall accommodate existing industrial and future commercial center
development according to City standards, in consultation with the owners of the
adjacent industrial properties and other adjacent property owners.
29. The commercial area in the southeast corner of the Project site proposed to be
designated as GC and zoned as C-2/PCD shall be modified so that the area is
772.50 feet wide (east to west) and 515 feet in length (north to south), as shown
on Figure 6 attached hereto, and more particularly described in Exhibit "A"
attached hereto.
30. Developer shall install a stormwater collection sump in the southeast corner of
the area proposed to be designated as LR and zoned as R-1 located west of the
comrnercial area referenced in Condition 29, as shown on Figure 5 attached
hereto.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
31. Prior to issuance of any certificate of occupancy of any residence within 800 feet
of the centerline of McCutchen Road, Developer shall install landscaping within an
additional setback strip at least 10 feet wide adjacent to the northern side of the
ultimate McCutchen Road right-of-way, as shown on Figure 5 attached hereto.
Developer shall further install appropriate irrigation systems for all such
landscaping. Developer, and all future owners of property(ies) where such
landscaping and irrigation systems have been installed, shall be responsible for
maintaining such landscaping and irrigation systems in good condition and repair.
32. Prior to issuance of any certificate of occupancy of any residence within 800 feet
of the centerline of McCutchen Road, Developer shall construct either a 7-foot
high masonry wall atop a 3-foot high earthen berm or a 10-foot high masonry wall
on the Project site along the northern and western boundary of the commercial
center referenced in Condition 29, and on the northern portion of the 10-foot
setback provided pursuant to Condition 31, all as shown on Figure 5 attached
hereto. The bottom of the 3-foot high berm or the bottom of the 10-foot high wall
shall be at grade level of the adjacent residences. The Developer, and all future
owners of property(ies) where such wall and/or berm has been installed, shall be
responsible for maintaining such wall and/or berm in good condition and repair.
33. Except as otherwise provided in Conditions 31 and 32 above, Developer shall
construct a masonry wall, which shall be at least 6 feet high in all locations, on
the Project site along the perimeter of the proposed residential area. The wall
may be constructed in sections, provided that each section shall be constructed
prior to issuance of any certificate of occupancy for any residential unit within the
phase that includes such section of wall. Developer, and all future owners of
property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
34. All residences constructed in the area marked "single story homes" on Figure 5
attached hereto shall be limited at all times to one story.
35. In the event Golden Empire Concrete elects to install any sound rnuffling on or
around any equipment or facilities on its plant site, Developer shall promptly
reimburse Golden Empire Concrete for up to $20,000 of the costs incurred
therefor.
36. Noise levels in residences within the Project site shall be further mitigated
through the use of noise-reducing components adequate to reduce noise from
nearby heavy industrial sites and operations, including but not limited to dual-
paned windows and air conditioning. '\ '\ ,(""
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
37. The developer shall include the following disclosure provision in any grant deed
to any grantee of any property within the Project site:
Grantee hereunder acknowledges and agrees that the
subject property is located in the vicinity of active industrial
uses and operations, including the production of concrete,
asphalt and other construction materials. Grantee also
acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise,
vibration, bright lights, unattractive visual appearance, hours
of operation, and heavy truck traffic on Gosford Road,
Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same
paragraph in any subsequent deed by Grantee of all or any
portion of the subject property.
38. Conditions 26-37 above (a) shall be in addition to, and not in lieu of or
substitution for, any other condition of approval or mitigation measure; (b) shall
govern over any conflicting provision of any other condition of approval or
mitigation measure; and (c) shall not be amended, modified or waived without at
least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent
industrial properties. Nothing in Conditions 26-37 above or any other condition of
approval or mitigation measure shall be deemed to confer any jurisdiction of the
City over any such industrial properties prior to any annexation thereof.
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Exhibit "B"
Mitigation/Conditions of Approval
GPAlZC 04-0057
37. The developer shall include the following disclosure provision in any grant deed
to any grantee of any property within the Project site:
Grantee hereunder acknowledges and agrees that the
subject property is located in the vicinity of active industrial
uses and operations, including the production of concrete,
asphalt and other construction materials. Grantee also
acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise,
vibration, bright lights, unattractive visual appearance, hours
of operation, and heavy truck traffic on Gosford Road,
Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same
paragraph in any subsequent deed by Grantee of all or any
portion of the subject property.
38. Conditions 26-37 above (a) shall be in addition to, and not in lieu of or
substitution for, any other condition of approval or rnitigation measure; (b) shall
govern over any conflicting provision of any other condition of approval or
mitigation measure; and (c) shall not be amended, modified or waived without at
least one duly noticed public hearing by the City Council, and notice of such
hearing shall include prior mailed notice to all owners or operators of all adjacent
industrial properties. Nothing in Conditions 26-37 above or any other condition of
approval or mitigation rneasure shall be deemed to confer any jurisdiction of the
City over any such industrial properties prior to any annexation thereof.
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Statement Indication for Gov. Code Section 51282
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EXHIBIT "C"
Statement Indication
For Gov. Code Section 51282
Government Code 51282.
(a) The landowner may petition the board or council for cancellation of any contract as
to all or any part of the subject land. The board or council may grant tentative
appro va/ for cancellation of a contract only if it makes one of the following findings:
(1) That the cancellation is consistent with the purposes ofthis chapter; or
(2) That cancellation is in the public interest.
(b) For purposes of paragraph (1) of subdivision (a) cancellation of a contract shall be
consistent with the purposes of this chapter only if the board or council makes all of
the following findings:
(1) The cancellation is for land on which a notice of nonrenewa/ has been served
pursuant to Section 51245.
· A notice of non renewal was filed for the affected parcels with the Kern
County Clerk's Office in 2000 in accordance with Government Code
Section 51245.
· Public notice of the hearing for tentative cancellation was published in a
paper of general circulation on August 8, 2005.
· Notice of nonrenewal and tentative cancellation was sent to all contracted
parcel landowners within 1 mile of the project area on August 8, 2005, and
to the Director of Conservation on August 8, 2005.
· The County Assessor's office has published the fair market value of the
property under cancellation and has noticed the landowner and the
Director of Conservation.
(2) The cancellation is not likely to remove adjacent lands from agricultura/ use.
· The forecast growth in the Metropolitan Bakersfield area is anticipated to
occur at the urban fringes of the City. Development pressure in the
southwestern quadrant of the city has increased substantially. The vast
majority of land surrounding the project is already either developed, being
developed, or has plans for development. Therefore, the cancellation of
the site's Williamson Act contract is not anticipated to contribute to
development pressure. Development pressure in the project area, rather,
is linked to population growth, economic development, and other needs of
a growing community. As such, the requested cancellation is considered
a result of natural growth conditions and part of an already expandin~ I6ME'ÝtJ>
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Statement Indication
incorporated area, and is, therefore, not anticipated to be the cause of or
contribute to new development pressure on adjacent agricultural lands.
The growth management policies contained in the Metropolitan
Bakersfie/d Genera/ Plan (MBGP) are designed to guide and direct growth
to its most appropriate location, keeping growth near existing
developrnent. Such a growth plan is facilitated by the determination of a
City's Sphere of Influence (SOl) line. In such that the project is located
within this SOl line, the project is located within appropriate development
areas as indicated in the MBGP.
(3) That cancellation is for an alternative use which is consistent with the
applicable provisions of the city or county genera/ plan.
. According to the MBGP, "As a general rule, the sphere of influence
boundaries were utilized to help define the boundaries of planned urban
growth." The MBGP further states that its policies are to "accommodate
new development which channels land uses in a phased, orderly manner
and is coordinated with the provision of infrastructure and public
improvements; locate new development where infrastructure is available
or can be expanded to serve the proposed development; and provide for
an orderly outward expansion of new "urban" development (...) so that it
maintains continuity of existing development, [and] allows for the
incremental expansion of infrastructure and public services..." The project
in question satisfies all such policies and goals of the general plan in that it
is contiguous to current urban development, is located within the city's
SOl, and abuts existing infrastructure and public services. Beyond
meeting these General Plan policies and goals the project is requesting a
zone change and general plan amendment (GPA), such that subsequent
land uses will then be completely consistent with MBGP.
(4) That cancellation will not result in discontiguous patterns of urban
development.
. The general plan provides policies that promote compact growth, avoid
allowing development to leap-frog over parcels of land, and promote
concentric growth. The project site is situated directly adjacent to urban
developrnent. Further, new residential and cornmercial developrnents are
proposed or underway surrounding the project area. Leaving the current
property in agricultural production would create a "rural island" within an
urban area causing leap-frog development, discontiguous development,
and possible incompatible land uses. Therefore, it is not believed that the
proposed project would result in discontinuous development patterns.
(5) That there is no proximate non-contracted land which is both availab/e and
suitable for the use to which it is proposed the contracted land be put, or, that
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EXHIBIT "C"
Statement Indication
development of the contracted land would provide more contiguous patterns of
urban development than development of proximate non-contracted land.
. Alternative sites were considered, based on the following criteria:
· Land use of the proposed site.
· Land must not be under Williamson Act contract.
· Land must be available for residential and commercial
development.
· Land must be suitable for residential and commercial
developrnent.
· Site must be over 200 acres, but preferably larger to provide the
range of uses designated for the property.
· An alternative site rnust be within the current SOl boundary line;
parcels outside the line would not be suitable because
development there would violate the Metropolitan Bakersfield
General Plan and prematurely convert agricultural land.
· An alternative site must be in the southwestern quadrant of the
city.
. Three alternative sites, subject to the above criteria, were considered in
the EIR completed for this project. Sites one (1) and three (3) were all
under tentative tract status and, therefore, unavailable for development.
Alternative site two (2), located directly east of the project site, was
determined to be unsuitable due to correspondence between the City and
the landowner, such that the landowner indicated, that the site was to be
developed at a future date and was unavailable for the proposed project.
Therefore, due to the lack of any remaining "practical" development sites,
the current project site was deemed "suitable" and "contiguous."
As used in this subdivision "proximate, noncontracted land" means land not restricted by
contract pursuant to this chapter, which is sufficiently close to land which is so restricted
that it can serve as a practical alternative for the use which is proposed for the restricted
land. As used in this subdivision, "suitab/e" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract pursuant
to this chapter. Such nonrestricted land may be a single parcel or may be a
combination of contiguous or discontiguous parcels.
(c) For purposes of paragraph (2) of subdivision (a) cancellation of a contract shall be in
the public interest only if the council or board makes the following findings:
(1) That other public concerns substantially outweigh the objectives of this
chapter;
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EXHIBIT "Cn
Statement Indication
· Recognizing that Bakersfield is the county seat of one of the most
productive agricultural counties in the nation, there is no argument that the
public as a whole has an interest in the maintenance and preservation of
agricultural land. Bakersfield's economy is and will continue to be tied to
agriculture. The question then is whether there are other concerns
regarding the cancellation request that substantially outweigh the concern
over protection of agricultural land. As previously mentioned above, the
Metropolitan Bakersfield General Plan seeks to protect agricultural land;
however, the General Plan recognizes that the city will continue to grow at
a strong pace.
· To balance these two interests, the General Plan contains objectives and
policies that support a growth pattern that is efficient, orderly, contiguous,
and peripheral. These policies, when implemented through the careful
placement of urban boundaries (i.e. SOl), provide land inside the
boundary for growth while protecting land outside the boundary from
premature conversion to urban uses. In this instance, the property is
within the SOl and is surrounded by developing or soon to be developed
land. The development of this parcel will contribute to a contiguous,
orderly development pattern.
· Further, since the property is located within or adjacent to existing road,
sewer, water, and gas infrastructure, and will be required to provide for
any public service/infrastructure upgrades, it is in the public interest (and
much more efficient) to develop this property because the burden on the
tax-payer will be less than similar parcels not located near such existing
infrastructure/services.
· Moreover, if the subject parcel were to remain in its agricultural status an
island effect would be created such that incompatible uses (agriculture vs.
residential) would be located adjacent to each other creating public
nuisance/right-to-farm disputes and could significantly restrict the
agricultural activities carried out on the parcel and hence its productivity.
· Finally, the project will contain residential areas ranging from single-family
homes to multi-farnily homes to mobile homes, therefore, providing for a
range of housing types as well as affordable housing; an ever growing
need in such a rapidly growing city. The fact that this needed affordable
housing will be located near commercial, retail, and industrial areas
planned for the project area will only enhance the project's viability for
lower income households who rely on easily accessible jobs and services.
(2) That there is no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, that
development of the contracted land would provide more contiguous patterns of
urban development than development of proximate non-contracted land.
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EXHIBIT "C"
Statement Indication
. Alternative sites were considered, based on the following criteria:
· Land use of the proposed site
· Land must not be under Williamson Act contract
· Land must be available for residential and commercial
development.
· Land must be suitable for residential and commercial
development
· Site must be over 200 acres, but preferably larger to provide the
range of uses designated for the property.
· An alternative site must be within the current SOl boundary line;
parcels outside the line would not be suitable because
development there would violate the Metropolitan Bakersfield
General Plan and prematurely convert agricultural land.
· An alternative site must be in the southwestern quadrant of the
city
. Three alternative sites, subject to the above criteria, were considered in
the EIR completed for this project. Sites one (1) and three (3) were all
under tentative tract status and, therefore, unavailable for procurement
or developrnent. Alternative site two (2), located directly east of the
project site, was determined to be unsuitable due to correspondence
between the City and the landowner, such that the landowner indicated
that the site was to be developed at a future date and was unavailable
for procurement. Therefore, due to the lack of any remaining "practical"
developrnent sites, the current project site was deemed most "suitable"
and "contiguous."
As used in this subdivision, "suitable" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract pursuant
to this chapter. Such nonrestricted land may be a single parcel or may be a
combination of contiguous or discontiguous parcels.
(d) For purposes of subdivision (a), the uneconomic character of an existing agricultural
use shall not by itself be sufficient reason for cancellation of the contract. The
uneconomic character of the existing use may be considered only if there is not
other reasonable or comparable agricultura/ use to which the land may be put.
(e) The landowner's petition shall be accompanied by a proposal for a specified
alternative use of the land. The proposal for the alternative use shall list those
governmental agencies known by the landowner to have permit authority related to
the proposed alternative use, and the provisions and requirements of Sections
51283.4 shall be fully applicab/e thereto. The level of specificity required in a
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Statement Indication
proposal for a specified alternative use shall be determined by the council as that
necessary to permit them to make the findings required.
Alternative Use Description
The alternative use would require a General Plan Amendment (GPA), a zone
change, annexation of approximately 300 acres of unincorporated Kern County
into the City of Bakersfield corporate limits, and a circulation element
amendment. The annexation, GPA, and zoning change would permit
development of residential areas, including mobile home sites, a regional retail
site and neighborhood retail, and related industrial service uses. See the tables
below for use and zoning breakdowns. Further, the circulation element would
include the elimination of Progress Road between Panama Lane and
McCutcheon Road as a collector roadway and reclassification as a local street.
Existing and Proposed Land Use and Zoning
Existing Proposed Existing Zone Proposed Zone
Land Use Land Use Desianation Desianation Gross Acreaae
R-1A MC A C-2 57.28
R-1A GC A C-2 10.00
R-1A LR A R-1 147.55
R-1A HMR A R-2 36.02
R-1A LI A M-1 19,98
R-1A LMR A R-2 MH 28.81
Total Acreaqe 299.64
Use Specifications
Proposed Use Specifications
Reqional Retail 588,00 square feet
Neighborhood 65,000 square feet
Commercial
Residential Dwelling 1,350 units
Units
Light Industrial 20 acres
Retail 55 acres
Source: City of Bakersfield
Construction would occur in several phases, depending on market demand, with
anticipated completion to occur in either late 2009 or early 2010.
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EXHIBIT "C"
Statement Indication
Permit Authority Aaency List
The City of Bakersfield is the Lead Agency and has discretionary authority over
the alternative use proposal. Upon cornpletion of the environmental review
process and prior to construction, the proposed use would be reviewed through
standard City plan check procedures to verify that the project conforms to all
applicable City design criteria. For implementation, sorne or all of the following
permit and approvals would need to be obtained:
City of Bakersfield: General Plan Amendment, Circulation Elernent Amendment,
Zone Change, Site Plan Review and Approval, Grading Plan
Approval, Street Encroachment Permit.
County of Kern: Kern County Local Agency Formation Cornmission (LAFCO)
Other Agencies: Kern Delta Water District - Applicable Regulations
Coordination with the following adjacent jurisdictions, agencies, and utility
companies would be required:
-Air Pollution Control District Permits
-Kern County Water Agency (KCWA)
(f) In approving a cancellation pursuant to this section, the board or council shall not be
required to make any findings other than or in addition to those expressly set forth in
this section, and, where applicab/e, in Section 21080 of the Public Resources Code.
S:\GPA 2nd 2005\04-0057 Panama-Gosford EIR\Resolutions\Statemt Indicatn-WA cancel 1.doc
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