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HomeMy WebLinkAboutORD NO 3822ORDINANCE NO. ~ 8 2 2 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING OF 63 + ACRES GENERALLY LOCATED BETWEEN SR-99, ARVIN-EDISON CANAL, SOUTH H STREET AND BERKSHIRE ROAD ALIGNMENT FROM AN R-1 (ONE FAMILY DWELLING) ZONE TO A P.C.D. (PLANNED COMMERCIAL DEVELOPMENT) ZONE FOR THE GRAND CANAL PROJECT. WHEREAS, in accordance with the procedure 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 December 18, 1997, on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located between SR-99, the Arvin-Edison Canal, South H Street and Berkshire Road alignment; and WHEREAS, by Resolution No.101-97 on December 18, 1997, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve the request from an R-1 (One Family Dwelling) zone to a P.C.D. (Planned Commercial Development) zone (File No. P97-0133) as delineated on attached Zoning Map No. 123-25 marked Exhibit "7", 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 above-described zone change is to facilitate a change in zoning from a R-1 (One Family Dwelling) zone to a PCD (Planned Commercial Development) zone for a destination shopping center entitled the Grand Canal Project consisting of a 555, 000 square feet of building area for the Grand Canal Project is intended to be a retail center with a theme based on Venice, Italy with a 2,400 foot long man-made canal is the central feature 150,000 square feet of factory outlet retail store. 291,500 square feet of retail stores. Including 4 major retail anchor stores. 75,000 square feet for a 4,400 seat multiple screen movie theater complex. 28,500 square feet for restaurant use. 10,000 square fee for support buildings and uses (maintenance, utilities and rest rooms). 3,189 parking spaces; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact relative to the Environmental Impact Report prepared for said amendment and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, 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, the project is a concurrent application to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan from LR (Low Density Residential) and HMR (High Medium Density Residential) to GC (General Commercial); and findings: WHEREAS, the City Council has considered and hereby makes the following 10. 11. The City of Bakersfield is the Lead Agency for said project. For the above-described project, an initial study was conducted and it was determined that the proposed project may have a significant effect on the environment and an Environmental Impact Report (EIR) was prepared in accordance with CEQA. The law and regulations relating to the preparation and adoption of an EIR as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. On December 18, 1997, the Planning Commission adopted Resolution No. 99-97 with findings and recommending certification of the Final EIR to the City Council. At said public hearing held December 18, 1997, the request for a change of zone by Martin-Mcintosh, was duly heard and considered. Applicant Martin-Mcintosh, and developer Daystar Development, Inc. entered into agreements with the City of Bakersfield to implement all mitigation measures identified in the environmental analysis contained within the EIR. On December 18, 1997, the Planning Commission adopted findings and certified said Final EIR, and recommended the same to the City Council. In accordance with CEQA Guidelines Section 15090 the Lead Agency (City of Bakersfield) shall certify that: (a) The final EIR has been completed in compliance with CEQA; and (b) The final EIR was presented to the Lead Agency and that the Lead Agency reviewed and considered the information contained in the final EIR prior to recommending approval the project. In accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR was considered for adequacy, completeness and good faith effort at full disclosure and has been completed in compliance with CEQA. In accordance with CEQA Guideline Sections 15151 and 15090, the Final EIR was presented to the Lead Agency and that the Planning Commission reviewed and considered the information contained in the Final EIR prior to approving the project. in accordance with CEQA Section 15091 findings and supporting rationale regarding identified significant environmental effects and related mitigation measures is attached hereto as Exhibit "1". 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. The Lead Agency determined that in Mitigation Measure No. 5.4-2a, the 3 foot high decorative wall along the southern perimeter of the project site is not needed and amended Mitigation Measure No. 5.4-2a to only require the 3 foot high landscape berm along the southern perimeter of the project site. In accordance with CEQA Section 15092, the City of Bakersfield finds that except for air quality impacts, all other impacts on the environment identified as significant in said EIR have been eliminated or the effects have been substantially lessened where feasible as shown in findings under Section 15091. Furthermore in accordance with CEQA Section 15092, the City of Bakersfield determined that the remaining significant impact to air quality found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093, as shown in attached Exhibit "2". In accordance with CEQA Section 15093, a Statement of Overriding Considerations with supporting reasons related to air quality impacts is recommended for adoption as shown on attached Exhibit "2". Conditions of approval attached hereto as Exhibit "4" are needed to provide for orderly development, and the public health, welfare and safety. Exhibit "5" attached hereto contains the conditions required pursuant to Bakersfield Municipal Code Chapter 17.53, Site Plan Review that the applicant/developer must satisfy. In accordance with Public Resources Code Section 21081.6, Exhibit "10" attached hereto contains the monitoring program for implementing the adopted mitigation measures. The project is consistent with the intent stated in Chapter 17.54 (Planned Commercial Development Zone) of the Bakersfield Municipal Code. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan as amended by GPA #P97-0133. The proposed planned commercial development zone and preliminary development plan are consistent with the general plan and objectives of the this ordinance. The proposed development justifies exceptions from the normal application of this code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provide for the common use of persons occupying or utilizing the property. 3 SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. All required public notices have been given. That this project was subject to an Environmental Impact Report and the entire environmental record is incorporated by reference as set forth in the resolution approving, adopting and certifying the Final EIR. A Final EIR was prepared and certified in accordance with CEQA and local CEQA Implementation Resolution No. 76-97 for this project. The Environmental Impact Report for the Grand Canal project is hereby approved, adopted and certified. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 123-25 marked Exhibit "7" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "8". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibits "3", "4" and "5". File the Notice of Determination. Upon approval and adoption of the project, the Planning Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of Public Resources Code and the State CEQA Guidelines adopted pursuant thereto. SECTION 2. 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. ......... o0o ......... 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 ~.AN ~ ,q 1998 , by the following vote: AYES: COUNCILMEMBER BeMOND, CARSON, SMITH, McDERMOTTT, ,~;;L,~,3, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ o ~ ABSTAIN: COUNCILMEMBER ~,~z.c~.~'~.., ABSE. ,',~: COUNCILMEMBER ~Jw~ 4 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 30th day of January, 1998, she posted on the Bul!etin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3822, passed by the Bakersfield City Council at a meeting held on the 28th day of January, 1998, and entitled: Ordinance amending Title 17 of the Bakersfield Municipal Code and Zoning Map No. 123-25 for the Grand Canal Project. Is/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk EXHIBIT "1" SZATEMENT OF FACTS AND FINDINGS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED GRAND CANAL PROJECT I. INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: "No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects of the environment that would occur ff the project is approved or carried out unless the public agency makes one or more of the following findings: Changes or alterations have been required in, or mcorporated into, the project which mitigate or avoid the significant effects on the environment. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final environmental impact report." The Final EIR for the Grand Canal project identifies certain significant environmental effects which may occur as a result of the project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. As certain significant impacts cannot be reduced to less than significant levels, a Statement of Overriding Considerations is provided. The Summary of Mitigation Measures, is based in part on the requirements contained in Section 21081.6 of the Public Resources Code. A Mitigation Monitoring Program will be adopted as part of the project Resolution. II. PROJECT SUMMARY The 65.73-acre site is situated on the east side of State Route (SR) 99, west of South "H" Street, north of the Berkshire Road alignment and south of the Arvin-Edison Canal. The project is a concurrent application for an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and a zone change to allow development of a destination 555,000 square foot retail commercial shopping center, entitled, "The Grand Canal Port of Bakersfield." Vacffind (December23, 1997) Exhibit 1 Statement of Facts and Findings Page 2 The Land Use Element amendment consists of a change from LR (Low Density Residential) on 49.03 acres and HMR (High-Medium Density Residential) on 16.70 acres to GC (General Commercial). The zone change amendment consists of a change from an R-1 (One Family Dwelling 6,000 square feet) zone to a PCD (Planned Commercial Development) zone on the entire 65.73 acres. The 555,000 square feet of building area for the Grand Canal Project is intended to be a destination retail center with a theme based on the canals of Venice, Italy. A 2,400 foot long- man-made canal is the central focus of the development. Rides along the canal would be provided by gondola boats. A large ship would be moored at the westerly end of the canal to provide a visual window to the center from SR-99. Five foot bridges cross the canal for pedestrian access. Buildings and stores would front the canal. An amphitheater is proposed at the eastern end of the center for outdoor music and theater performances. The water for the man-made canal would be supplied from a new water well drilled to specifically serve the canal. The following uses are proposed: 150,000 square feet of factory outlet retail store. 291,500 square feet of retail stores. Including 4 major retail anchor stores. 75,000 square feet for a 4,400 seat multiple screen movie theater complex. 28,500 square feet for restaurant uses. 10,000 square feet for support buildings and uses (maintenance, utilities and rest rooms). 3,189 parking stalls. Primary access to the site is proposed to be from Panama Lane, located north of the project site, accessing through Colony Street. Colony Street is to be extended from its existing southern terminus across the Arvin-Edison Canal as a private street. Other driveway access is proposed from two entrances on both South "H" Street and Berkshire Road. III. FINDINGS WITH RESPE.~T TO SIGNIFICANT EFFECTS The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the Grand Canal Project and the public record. The Lead Agency makes the following findings, pursuant to CEQA and CEQA Guidelines: The City of Bakersfield, as Lead Agency and decision-maker, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Grand Canal project and the public record, finds that changes or alterations to the project will avoid or substantially lessen potentially significant environmental impacts. These changes or alterations are related to the implementation of the mitigation measures detailed in the Summary of Mitigation Measures of this document. Exhibit 1 Statement of Facts and Findings Page 3 The City of Bakersfield, as Lead Agency and decision-maker, having reviewed and considered the information contained in the Draft and Final EIRs prepared for the Grand Canal project and the public record, finds that there are specific economic, social, or other considerations which make the mitigation measures for Air Quality contained in the Draft and Final EIRs infeasible. The City of Bakersfield, as Lead Agency and decision-maker, finds that significant and unmitigable cumulative impacts on air quality may occur with future development projects in conjunction with the Grand Canal project. This finding requires that the Lead Agency issue a "Statement of Overriding Considerations" under Section 15093 and 15126 (b) of the State CEQA Guidelines if the Lead Agency wishes to proceed with approval of the project. IV. FIN DIN GS ~¥]THJ~ESPEC~. TO THEENVlRO NMENTALR EVI EW PROCESS The City of Bakersfield, acting as Lead Agency for the environmental review of the project, makes the following findings with regard to the environmental review process undertaken to analyze the potential environmental impacts of the project: Although having determined that an EIR would be prepared to address the project, in accord with Section 15063(a) of the State CEQA Guidelines, as amended, the City of Bakersfield as Lead Agency undertook the preparation of an Initial Study. The completed Initial Study determined that a number of environmental issue areas may be impacted by the construction and operation of the Grand Canal project. Furthermore, the Lead Agency determined that an EIR would be prepared to address the project's potential impacts on those environmental issue areas identified in the Initial Study requiring further analysis. Pursuant to the provisions of Section 15082 of the State CEQA Guidelines, as amended, the City of Bakersfield, as Lead Agency, circulated a Notice of Preparation (NOP) to public agencies, special districts, and members of the public requesting such notice for a 30-day period commencing July 9, 1997 and ending August 8, 1997. The aforementioned Initial Study was circulated with the NOP. Based on the Initial Study, no impacts upon earth, energy and mineral resources were anticipated upon project implementation, and as a result, these issues were not addressed in this Draft EIR. During the circulation period for the Notice of Preparation, the City of Bakersfield as Lead Agency, advertised and conducted a public scoping meeting on August 7, 1997~ Exhibit 1 Statement of Facts and Findings Page 4 A Draft EIR was prepared which analyzed project-related impacts related to the following environmental issue areas: land use and relevant planning; agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources and public services and utilities. Project alternatives, growth-inducing impacts, and cumulative effects were also analyzed in the Draft EIR. During the Draft EIR's public review period which began on September 24, 1997 and concluded on November 7, 1997, the Bakersfield Planning Commission held a noticed public hearing at regularly-scheduled meeting of November 6, 1997 regarding the Draft EIR. The public was afforded the opportunity to orally comment on the Draft EIR at the public hearing, and the testimony was considered by the decision-makers. Upon the close of the public review period, the Lead Agency proceeded to evaluate and prepare responses to all written comments received from both citizens and the public agency during the public review period. The aforementioned comments and responses and other information consistent with the requirements of Section 15132(b)(c)(d)(e) of the State CEQA Guidelines, as amended, coupled with the revised Draft EIR, comprises the Final EIR. Following completion of the Responses to Comments document, the Lead Agency's responses to the comments received from public agencies were transmitted to those public agencies for consideration at least 10 days prior to the Final EIR's certification. V. FINDINGS WITH RESPECT TO~'HEENVIRONMENTAL ANALYSIS The City of Bakersfield, acting as Lead Agency for the environmental review of the project, finds that changes or alterations must be incorporated into the project in the form of mitigation measures in order to avoid or substantially lessen potentially significant environmental effects as identified in the Draft and Final EIR. Issues analyzed in the Draft and Final EIR included land use and relevant planning; agriculture, public health and safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resources, cultural resources and public services and utilities. This section documents the Lead Agency's findings with respect to the environmental analysis, the facts in support of the findings, and those changes and alterations that have been made to the project to reduce or eliminate potentially significant effects. Public Health and Safety Potential Impacts No significant impacts with regard to Public Health and Safety considerations have been identified due to implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Exhibit f Statement of Facts and Findings Page 5 Agricultural Use of Property 5.3-1 Due to the historic use of the site for agricultural purposes, there is a potential for pesticide residues to be present in the shallow soil of the project site. Significance: Potentially Significant Impact. Compliance with local and State requirements and required mitigation would reduce impacts to less than significant levels. Mosquito Population/Canal Wate[Oua~ty 5.3-3 Water associated with the proposed 2,400-foot canal may produce pests or disease carrying mosquitos due to possible stagnation of water within the canal. Significance: Potentially Significant Impact. Proper maintenance of the canal and implementation of required mitigation measures, would reduce impacts to less than significant levels. ~ver 5.3-4 Grading of the project site could lead to the release of fugitive dust and spores causing Valley Fever. Significance: Potentially Significant Impact. Compliance with required mitigation measures would reduce potential impacts to less than significant levels. P~d~_c ~af~y 5.3-5 The proposed canal may create potential impacts related to public safety as it would introduce a possible water hazard in a public setting. Significance: Potentially Significant Impact. Design of the canal in accordance with required mitigation measures would reduce potential water-related impacts to less than significant levels. Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Public Health and Safety that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and incorporated into the project, as set forth in the summary of mitigation measures. Applicable mitigation measures include: 5.3-1, 5.3-3a, 5.3- 3b, 5.3-4a, 5.3-4b, 5.3-5a and 5.3-5b. Exhibit f Statement of Facts and Findings Page 6 Level of Significance after Mitigation Implementation of the required mitigation measures would reduce potential health and safety impacts to less than significant levels. Aesthetics/Light and Glare Potential Impacts No significant impacts with regard to Aesthetics/Light and Glare considerations have been identified due to the proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Short-Term AestheticJmpacts 5.4-1 Grading and construction of the proposed project site would temporarily alter the visual appearance of the property. Significance: Potentially Significant Impact. Impacts are considered to be short-term; would cease upon completion of construction activities and would be reduced to less than significant levels with implementation of the required mitigation measure. Long-Term Aesthetic Impacts 5.4-2 Project implementation would permanently alter views of and across the site. Significance: Potentially Significant Impact. Implementation of required mitigation measures would reduce impacts to a less than significant level Light and Glare 5.4-3 The project would generate additional light/glare beyond existing conditions due to on-site security and operational lighting. Significance: Potentially Significant Impact. Compliance with City codes and required mitigation would reduce potential impacts to less than significant levels. Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Aesthetics/Light and Glare that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the following mitigation measures identified in the Final EIR, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.4-1, 5.4-2a, 5.4-2b, 5.4-2c, 5.4-2d, 5.4- 2e, 5.4-2f and 5.4-3. Exhibit f Statement of Facts and Findings Page 7 Level of Significance after Mitigation implementation of the required mitigation measures would reduce potential aesthetic/light and glare impacts to less than significant levels. Traffic and Circulation Potential Impacts No significant impacts with regard to Traffic and Circulation have been identified due to proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Trip Generation and Distribution 5.5-1 The proposed project would generate additional trips on the adjacent roadways, thus degrading the level of service at intersections and roadway segments identified below. Significance: Potentially Significant Impact. Impacts would be reduced to less than significant levels with implementation of roadway improvements pursuant to the requirements of the Metropolitan Bakersfield Transportation Impact Fee Program. Traffic Signal Warrant 5.5-2 As a result of project generated trips, the intersections of the Project's Entrance #2/South "H" Street, and Berkshire/South "H" Street warrant signalization. Significance: Potentially Significant Impact. Impacts would be reduced to less than significant levels with installation of warranted traffic signals. Alternate Forms of Transit 5.5-4 Project implementation would result in the need for additional bus transit services to and from the site. Significance: Potentially Significant Impact. Impacts would be mitigated to a less than significant level with construction of a bus turnout to serve the project site (see required mitigation measure). Cumulative Impacts 5.5-5 Development of the proposed project and future development in accordance with the City of Bakersfield General Plan would result in an increase in vehicle trips distributed throughout the roadways serving the project area. Significance: Potentially Significant Impact. Based on the findings of the Traffic Study contained within Appendix 14.4 of this EIR, cumulative impacts related to traffic would be mitigated to less than significant levels. Exhibit 1 Statement of Facts and Findings Page 8 Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Traffic and Circulation that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.5-1a, 5.5-1b, 5.5-1c, 5.5-2a, 5.5-2b, 5.5-4 and 5.5-5. Level of Significance after Mitigation Implementation of the required mitigation measures wouldreduce potential traffic and circulation impacts to less than significant levels. Noise Potential Impacts No significant impacts with regard to Noise considerations have been identified due to proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Amphitheater Noise Impacts 5.6-4 The proposed amphitheater may create amplified noise on-site which would impact adjacent sensitive receptors. Significance: Potentially Significant Impact. Future residences to the south of the site may be exposed to noise levels which exceed City noise standards. Implementation of required mitigation measures would reduce impacts to a less than significant level. Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Noise that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.6-4a and 5.6-4b. Exhibit f Statement of Facts and Findings Page 9 Level of Significance after Mitigation Implementation of the required mitigation measures would reduce potential noise impacts to less than significant levels. Air Quality Potential Impacts The project as it is currently proposed would result in impacts that remain significant following mitigation for NOx emissions from construction exhaust as well as ROG and NOx emissions from project-related vehicular trips. The project would not be consistent with the Air Quality Management Plan and cumulative impacts would result in significant and unavoidable impacts to regional air quality levels. Impacts identified prior to mitigation are as follows: Short,Term Air Quality Impacts 5.7-1 Significant short-term air quality impacts would occur during site preparation and project construction. Significance: Impacts from NOx construction equipment exhaust emissions would be significant before and after mitigation; emissions of other pollutants would be less than significant. Long-Term Air OualityJmpacts 5.7-2 The project would result in an overall increase in the local and regional pollutant load due to direct impacts from vehicle emissions and indirect impacts from electricity and natural gas consumption. Significance: Impacts would be significant before and after mitigation for ROG and NO, emissions from mobile sources; emissions of other pollutants would be less than significant. Consistency~vJth Air Oua~ty~ainment Plan 5.7-3 The proposed project would not be consistent with the San Joaquin Valley Unified APCD's Air Quality Attainment Plan. Significance: As the project would not be consistent, a significant impact would occur. CumulatNe ]rapacts 5.7-4 Impacts to regional air quafity resulting from development of cumulative projects would significantly impact existing air quality levels. Significance: Impacts would be significant and unavoidable. Exhibit 1 Statement of Facts and Findings Page 10 Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significance of environmental effects as identified in the Final EIR. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final environmental impact report. Facts in Support of Finding As identified in the Final EIR, the project would result in air quality impacts that remain significant following mitigation. Significant environmental impacts that could feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures 5.7-1a, 5.7-1b, 5.7-2a and 5.7-4. Level of Significance after Mitigation The following air quality impacts would remain significant following mitigation: NOx emissions from construction exhaust; and ROG and NOx emissions from project-related vehicular trips. The project would not be consistent with the Air Quality Management Plan, thus, resulting in a significant long-term impact. Cumulative development would aJso result in significant and unavoidable impacts to regional air quality levels. As this is a significant and unavoidable impact, the City of Bakersfield has adopted a Statement of Overriding Considerations in accordance with Section 15093 of CEQA. Biological Resources Potential Impacts No significant impacts with regard to Biological Resources have been identified due to the proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Exhibit f Statement of Facts and Findings Page 11 Permanent ReplacemenLo~LSLte~VP_.getatio~_and Habitat 5.8-1 ~n~ng Project construction would permanently replace 65. 73 acres of undeveloped land with urban development. Construction of the sump collection facility may result in a loss of habitat for the San Joaquin kit fox, Tipton kangaroo rat and blunt nose lizard, including an existing raptor feeding roost. Significance: Potentially Significant Impact. Mitigation in accordance with the MBHCP requirements and mitigation measures as set forth in this EIR would reduce impacts to less than significant levels. (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Biological Resources that can be feasibly avoided have been eliminate or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.8-1a, 5.8-1b, 5.8-1c and 5.8- ld. Level of Significance after Mitigation Implementation of the required mitigation measures would reduce potential biological resources impacts to less than significant levels. Cultural Resources Potential Impacts No significant impacts with regard to Cultural Resources have been identified due to the proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified pdor to mitigation are as follows: (~_act~to On-Site Resources 5.9-1 Grading and excavation activities may result in impacts to undocumented archeo/ogica/ resources. Significance: Potentially Significant Impact. Mitigation measures which include inspections and monitoring would reduce the significance of impacts to less than significant levels. Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Exhibit 1 Statement of Facts and Findings Page 12 Facts in Support of Finding All significant impacts regarding Cultural Resources that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include 5.9-1. Level of Significance after Mitigation Implementation of the required mitigation measure would reduce potential cultural resources impacts to less than significant levels. Public Services and Utilities Potential Impacts No significant impacts with regard to Public Services and Utilities have been identified due to the proposed implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to mitigation are as follows: Police Services 5.10-1 Project implementation would increase demand on police services beyond existing conditions. Significance: Potentially Significant Impact. Implementation of recommended mitigation measure to provide on-site security would reduce impacts to less than significant levels. Fire Services 5.10-2 Project implementation would increase demand for fire protection services. Significance: Potentially Significant Impact. Compliance with fire safety requirements and required mitigation measures would reduce impacts to a less than significant level Finding (a) Changes have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding All significant impacts regarding Public Services and Utilities that can be feasibly avoided have been eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.10-1, 5.10-2a, 5.10-2b, 5.10-2c, 5.10-2d, 5.10-2e, 5.10-2f, 5.10- 2g, 5.10-2h and 5.10-2i. Level of Significance after Mitigation Implementation of the required mitigation measures would reduce potential public service and utility . impacts to less than significant levels. EXHIBIT "2" STATEMENT OF OVERRIDING CONSJDERAT]ON~ Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse environmental effects may be considered "acceptable." The CEQA Guidelines require that, when a public agency allows for the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons the action was supported. Any statement of overriding considerations should be included in the record of project approval and should be mentioned in the Notice of Determination. To the extent the significant effects of the project are not avoided or substantially lessened to a level of insignificance, the City of Bakersfield, having reviewed and considered the information contained in the Final Environmental Impact Report for the project, and having reviewed and considered the information contained in the public record, and having balanced the benefits of the project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in consideration of the following overriding considerations discussion. The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less than significant, and furthermore, that alternatives to the project are infeasible because they have greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or economically infeasible as fully described above. The environmental analysis undertaken for the Grand Canal project indicated the project would result in contributions to air quality impacts that would represent a significant adverse environmental effect on a project and cumulative basis. Furthermore, the analysis indicated that while mitigation measures would be effective in reducing the level of impact, the project's emissions would still contribute to a violation of state and federal clean air standards. The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the information contained in both the Draft and Final EIRs prepared for the Grand Canal project and the public record. The project benefits include the following: An increase in local tax revenues. Capture of the market "leakage" from local consumers who would patronize out of area stores if the project was not developed locally. An increase in employment opportunities. A unique destination retail shopping center for south Bakersfield. The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA Guidelines, with regard to the Statement of Overriding Considerations for the Grand Canal project: California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'." Based on the above discussion and on the evidence presented, the City of Bakersfield therefore finds that the benefits of the proposed project outweigh the adverse air quality impacts associated with the Grand Canal project, which can not be eliminated or reduced to a level less than significant. loveride (December23, 1997) EXHIBIT "3" SUMMARY OF MITIGATION MEASURES Public Health and Safety Agricultural Use of~roperty 5.3-1 Prior to grading plan approval, 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. Mosquito Population/Canal Water Quality 5.3-3a Prior to Final Development Plan submittal, the applicant shall coordinate with the Kern Mosquito Vector Control District to determine applicable methods to combat the mosquito, including but not limited to, stocking the canal with Mosquitofish (Gambusia affins) to control mosquito larvae. With Final Development Plan submittal, the project applicant shall submit written documentation from the District confirming coordination and include a monitoring plan, if applicable, to the City. 5.3-3b With Final Development Plan submittal, the applicant shall submit to the City of Bakersfield for review and approval a Canal Maintenance Program which shall, at a minimum, outline tasks (methods), responsible parties, maintenance and a monitoring schedule addressing the following: prevention of stagnation; circulation of water; mosquito abatement; maintaining and testing water quality; and debris control/removal. 5.3-4a Refer to Section 5.7, Air Quality, regarding fugitive dust mitigation measures. 5.3-4b All areas with bare soil exposed as a result of grading activities shall be landscaped at the eadiest 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. Public Safety 5.3-5a Prior to issuance of Certificates of Occupancy, the applicant shall post signs prohibiting swimming and wading in the canal. The number, location and content of said signs are subject to review and approval by the City of Bakersfield Building Department. Exhibit 3 Summary of Mitigation Measures Page 2 5.3-5b With Final Development Plan submittal, the applicant shall submit canal designs illustrating perimeter barriers along the canal. The type of material for fencing/gates and the height are subject to review and approval by the City of Bakersfield Building Department. Aesthetics/Light and Glare Short-Term Aesthetic Impacts 5.4-1 Construction equipment staging areas shall be located away from existing residential uses and appropriate screening (i.e., temporary fencing with opaque material), used to buffer views of construction equipment and material, when feasible. Staging locations shall be indicated on project Final Development Plans and Grading Plans and subject to review and approval of the City. Compliance with this measure is subject to periodic field inspections by City staff. Long-Term Aesthetic Impacts 5.4-2a The project Final Development Plan and Landscape Plan shall include the following: a minimum six-foot high masonry wall along the edge of the parking lot on the site's northern boundary; and adjacent said wall, alternate planting 24 inch box and 15 gallon size trees spaced 15 feet apart (landscaping along the northern boundary and masonry wall shall be installed prior to issuance of occupancy permits for the project); and a three-foot high landscaped earthen berm, along the edge of the parking lot on the site's southern boundary. (Note: This mitigation measure originally included a three foot high decorative wall on top of the berm. Reference to the wall was deleted as part of the EIR certification.) 5.4-2b 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 method of screening shall be reviewed and approved by the City. 5.4-2c No storage of any kind shall be permitted outside the structures shown on the Site Plan. 5.4-2d All visible trash collection facilities and features throughout the project site shall be designed to complement the project design. Exhibit 3 Summary of Mitigation Measures Page 3 5.4-2e Regular parking lot and sidewalk sweeping shall be made part of maintenance activities on-site. 5.4-2f Sign plans shall be designed by the applicant and reviewed by the City with special attention given to light and glare impacts on sensitive uses adjacent to the site. Light and Glare 5.4-3 The proposed project shall adhere to the following lighting standards requirements: Parking lot light standards within 160 feet of the north property line shall not exceed 20 feet in height. Parking lot light standards within 295 feet of the centerline of Berkshire Road shall not exceed 20 feet in height. No parking lot lighting shall exceed 30 feet in height. Final development plans for the project shall identify the height of parking lot light standards. Traffic and Circulation T~neration and DistributJo]~ 5.5-1a Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation impact Fee Program. The project applicant shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 5.5-3, Pro-Rata/Mitigation. 5.5-1b To accommodate years 1999 and 2020 plus project conditions, the following intersection and roadway segment improvements are required. The post mitigation Level of Service (LOS) are included in parenthesis after each required improvement. Intersection Improvements The following intersections require improvements due to the addition of project traffic: 1999 Plus Project (Opening Day) Conditions Panama Lane and Stine Road: add eastbound left turn lane; (LOS B) Panama Lane and Southbound SR-99 on/off-ramps: add southbound left turn lane; (LOS B) Exhibit 3 Summary of Mitigation Measures Page 4 Panama Lane and Colony Street: add eastbound right turn lane and northbound left turn lane; (LOS B) Panama Lane and South "H" Street: add northbound left turn lane (LOS C); and Project Entrance #2 and South "H" Street: provide two eastbound lanes (LOS B). 2020 P/us Project Conditions Panama Lane and Northbound SR-99 on/off-ramps: add eastbound through lane (LOS B); Panama Lane and Southbound SR-99 on/off ramps: add southbound left lane (LOS B); Panama Lane and Colony Street: add eastbound through lane, eastbound right turn lane, westbound left turn lane, westbound through lane and northbound left turn lane (LOS C); Panama Lane and South "H" Street: add eastbound right turn lane, westbound right turn lane, northbound left turn lane, northbound right turn lane, and southbound right turn lane; Berkshire Road and South "H"Street: eastbound through lane, eastbound left turn lane, northbound; left turn lane, and southbound right turn lane also (LOS C); Taft Highway (SR~119) and South "H" Street: add northbound left turn lane, southbound left turn lane, and southbound right turn lane (LOS C); and Project Entrance #2 and South "H" Street: add two eastbound lanes (LOS B). Roadway Segment Improvements The following roadway segments require improvements due to the addition of project traffic: 1999 Plus Project (Opening Day) Conditions Taft Highway (SR-119) (Southbound SR-99 ramps to South "H" Street): widen to four lanes (LOS A); Colony Street (Panama Lane to Project): construct and/or stripe to four lanes (LOS ^); Panama Lane (Northbound SR-99 on/off-ramps to Colony Street): add median (LOS A); Panama Lane (Colony Street to South "H" Street: add Median (LOS A); Berkshire Road (Project Frontage): construct four lane undivided roadway (LOS A); and South "H" Street (Panama Lane to Berkshire Road): widen to four lanes along project frontage (LOS A). Exhibit 3 Summary of Mitigation Measures Page 5 2020 P/us Project Conditions Panama Lane (Northbound SR-99 on/off-ramps to Colony Street): widen to six lanes (LOS A); and South "H" Street (Berkshire Road to McKee Road): widen to four lanes (LOS A). 5.5-1c Per the request of the Bakersfield Public Works Department, a post project completion traffic study shall be completed by the project applicant in order to assess the adequacy of required mitigation improvements. Traffic data shall be collected within 12 to 15 months of opening. Within one month of data collection, a traffic analysis shall be performed. Said analysis shall assess and compare the original traffic study's projections and mitigation and make recommendations and conclusions relative thereto. A bond, development agreement or some form of financing shall be provided, prior to occupancy, to provide for the analysis and any potential revision to the mitigation improvements. Traffic Signal War£aQt 5.5-2a To accommodate existing plus project (1999) traffic conditions, traffic signals are projected to be warranted at the following intersections: Project Entrance #2/South "H" Street (LOS B), and Berkshire Road/South "H" Street (LOS B). The applicant shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 5.5-3, Pro-Rata/Mitigation, 5.5-2b The traffic signals required as a result of the proposed project shall include an interconnect of the signals to function in a coordinated system with existing and planned signals. Alternate Forms of Transit 5.5-4 Final Development Plans shall depict and the project applicant shall construct a bus turnout on South "H" Street, between the two project entrances off of South "H" Street. The bus turnout shall be designed and construct to support typical passenger amenities, such as a bench and/or shelter. As an alternative, a bus turnout may be constructed along the north side of Berkshire Road. Turnout design shall include pedestrian access to shopping and employment facilities and must conform to A.D.A. Standards. Exhibit 3 Summary of Mitigation Measures Page 6 Cumulative Impacts 5.5-5 Refer to Mitigation Measure 5.5-1b. Noise Amphitheater Noise Impacts 5.6-4a Operational hours for amplified sound at the amphitheater use shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. Adherence with this measure is subject to periodic site inspections by the City of Bakersfield. 5.6-4b The amphitheater speaker system shall be limited to an hourly L50 noise levels to 0.75 dBA at 100 feet from the speaker system. This modification would ensure that the City daytime noise standard of Ls0 55 dBA would not be exceeded at the future residences to the south across Berkshire Road. The applicant shall demonstrate compliance with this measure by providing the City with speaker system specifications which demonstrate the required noise level limitation, prior to the first event held at the amphitheater. Continued adherence with this measure is subject to periodic site inspections by City Staff and the annual provision of speaker system inspection report prepared by the project applicant demonstrating compliance to the City. If determined by the Planning Director to be necessary, the developer shall be required to retain at the developer's expense, a qualified noise consultant and prepare a noise study to determine compliance with this mitigation. Air Quality Short-Term ~TlpaCtS Fugitive Dust 5.7-1a The project shall Comply with San Joaquin Valley Unified APCD Regulation VIII, Fugitive Dust PM~o Prohibitions. To ensure compliance, the following measure shall be implemented: cover all access roads and parking areas with asphalt-concrete paving; asphalt-concrete paving shall comply with San Joaquin Valley Unified APCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials; use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions; Exhibit 3 Summary of Mitigation Measures Page 7 enclose, cover or water all stockpiled soils to reduce fugitive dust emissions; cease grading activities during periods of high winds (greater than 20 mph over a one-hour pedod); limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site; all haul trucks should be covered when transporting loads of soil; and wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. Construction Equipment Exhaust 5.7-1b The following measures shall be implemented by the project contractor and applicant to reduce construction equipment exhaust emissions, including NOx emissions: properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions; shut down equipment when not in use for extended periods of time to reduce emission associated with idling engines; and use electric equipment for construction whenever possible in lieu of fossil-fuel- fire equipment. Long-Term Impacts Mobile Source Emissions 5.7-2a The project applicant shall incorporate the following in building plans. bicycle racks shall be provided in the proposed commercial areas. Location and number to be shown on Final Development Plans. Energy Consumption Emissions 5.7-2b 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: Exhibit 3 Summary of Mitigation Measures Page 8 solar or low-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. ~ulative Impacts 5.7-4 Cumulative development would create a significant and unavoidable air quality impact in the region. Mitigation measures beyond those contained in applicable plans and policies would be implemented on a project-by-project basis. Biological Resources GJ~nd~anal/Sump Collection S~e 5.8-1a Habitat Conservation fees for the project shall be calculated based on the fee in effect at the time payable to the Planning Department prior to the issuance of an urban development permit as defined in the Implementation/Management Agreement for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the applicant shall receive acknowledgment of compliance with the Metropolitan Bakersfield Habitat Conservation Plan. 5.8-1b The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: a preconstruction survey shall be conducted on the proposed 2.0-acre sump collection site prior to site grading to search for native kit fox dens; 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 they are not capped or otherwise covered, they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped; excavations shall either be constructed with escape ramps or be covered to prevent entrapment, or the site(s) could be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction; and 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. Exhibit 3 Summary of Mitigation Measures Page 9 5.8-1c 5.8-1d With the exception of Burrowing owls (see following mitigation measure), impacts to special-status species on the project site are covered under the terms and conditions of the MBHCP and associated Implementing Agreement. The compensation and avoidance requirements of the MBHCP proposed as part of this project are consistent and follow an ecosystem management approach for endangered species and all other potentially occurring special-status species. Prior to grading plan approval for the 65.73-acre Grand Canal site, the project applicant shall comply with the following Burrowing owl mitigation requirements: if grading on the 65.73-acre Grand Canal site is proposed to occur during the Burrowing owl nesting season (March 1 through August 15), a preconstruction survey of the site for Burrowing owl nests shall be conducted by a qualified biologist prior to grading activities in order to ensure no Burrowing owls have moved into on-site squirrel burrows and to identify active nests in areas potentially impacted by project implementation. if construction is proposed to take place during the Burrowing owl nesting season, no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (August 16 through February). If construction is initiated during the nesting season and active eggs or nests were identified in the preconstruction survey, the applicant shall consult with the U.S. Fish and Wildlife Service and California Department of Fish and Game to conduct issuance of a Migratory Bird Permit and burrow ctosure prior to the nesting season. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be avoided and evaluated by a qualified biologist prior to construction. The Fish & Wildlife Service (USFVVS) and California Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. Exhibit 3 Summary of Mitigation Measures Page fO Cultural Resources Impacts to On-Site Resources 5.9-1 If archeological or paleontological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the developer shall retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements in Appendix K of the California Environmental Quality Act 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. Public Services and Utilities Police Se[vJces 5.10-1 Prior to Final Development Plan submittal, the applicant shall submit a Security Plan to the Bakersfield Police Department for review and approval. The following measures shall be incorporated into the Security Plan: provision of on-site security guards; security lighting at parking areas, loading areas, and walkways; use of dead bolts, closed-circuit televisions, security lighting and alarms, and other design features to increase on-site security; elimination of dead spaces and areas of potential concealment; and provision of visible addresses and access to emergency vehicles. With Final Development Plan submittal, evidence of approval by the Police Department shall be provided to the City Planning Department. Fire Services 5.10-2a Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 5.10-2b Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather driving capabilities. 5,10-2c Fire lanes shall be provided along the front of all shopping complexes and all other buildings other than dwellings when any part of said complex or building is more than 150 feet from a public street. Exhibit 3 Summary of Mitigation Measures Page 11 5.10-2d 5.10-2e 5.10-2f 5.10-2g 5.10-2h 5.10-2i Fire lanes shall be located as determined by the Chief, and shall not be less than 20 feet in width, with turning radiuses of not less than 25 feet in width, and have a clear height of not less than 13 feet, 6 inches. Fire hydrants shall be "Double Fours" (2, 4-inch outlets) and be placed approximately 330 feet continuously around shopping center with structures no more than 150 feet from a hydrant. Exact location to be shown on improvement plans as approved by the Fire Department. Standpipes may be required or used in lieu of fire hydrants within the canal access area to be determined by the Fire Chief. Fire flow requirements shall be 4,500 gallons per minute or as otherwise determined by the Fire Chief. All buildings shall be equipped with an automatic sprinkler system. The Colony Street bridge over the Arvin-Edison Canal shall be in place and usable before construction begins. A temporary access road (subject to City Standards and approval) may be accepted along the south side of the canal and north of project to South "H" Street in lieu of bridge completion. EXHIBIT "4" GRAND CANAL GPA/ZC #P97-0133 CONDITIONS OF APPROVAL Applicant/developer shall be subject to comply with all mitigation measures of the Final EIR for the Grand Canal project as shown on attached Exhibit 3 of this resolution. PUBLIC WORKS: Prior to occupancy of any structure, Berkshire Road shall be constructed to its full width, with the intersection to be constructed to the full width collector-arterial intersection standard. Street improvements will include off-site construction for necessary paving transitions, street widening, etc, as required by the City Engineer. Prior to the City Engineer's approval of improvement plans, provide minimum dedication for street purposes on South H Street to 70' west of the section line. Prior to the City Engineer's approval of improvement plans, provide additional dedication for right turn deceleration lanes on South H Street. Prior to the City Engineer's approval of improvement plans, provide additional dedication on Berkshire Road west of South H Street to allow construction to the full width collector-arterial intersection standard. Prior to the City Engineer's approval of improvement plans, provide additional off-site dedication for pavement transitions as required because of the expanded intersection and the collector status of Berkshire Road east of South H Street. Prior to occupancy of any structure, the applicant shall construct South H Street full width, including a full width, landscaped median island, and all street improvements on the east side of South H Street. Prior to submitting any improvement plans to the City Engineer for his review, the applicant shall provide notification of the development to Golden Empire Transit (GET) by certified mail, with the request for proposed bus turnout locations to be indicated by GET with locations to be submitted to the City Engineer. Verification of the mailing will be provided to the City Engineer, and if no response is received from GET by the City within 30 days after notification, it will be assumed the proposed design is acceptable to GET. The applicant shall construct bus turnouts as required by GET through consultation with the applicant and as approved by the City Engineer. Verification of GE'I~s requirements, if any, shall be provided to the City Engineer prior to review of improvement plans. GC_CON.EX December 22, 1997 10. 11. 12. 13. 14. 15. 16. Exhibit 4 Grand Canal Conditions Page 2 Concurrently with submission of final development plans or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall submit evidence that access has been granted across private property (from the dedicated portion of Colony Street across private property and the Arvin-Edison Canal to the site.) Prior to issuance of a building permit or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall provide approved documentation (C.C. & R.s and Property Owner's Association By-Laws) for the use and maintenance of off-site common, shared facilities (the access road, sewer system, drainage system, etc.). Prior to issuance of a building permit or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall provide approved plans and profiles for the access road and canal crossing, and submit documentation that Colony Street will be a private, non-publicly maintained road. Include road maintenance plan. Prior to issuance of a building permit or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall construct to City standards all street improvements, including but not necessarily limited to landscaped median island on South H Street, street paving, curb & gutter, drainage improvements, minimum 5.5' wide sidewalk, street lights on South H Street, Berkshire Road, and the private access road. Those street improvements may require construction outside the boundaries of the development. Prior to issuance of a building permit or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall provide and prior to any improvement plan approval, the applicant shall submit a grading plan and a preliminary soil report with R values to justify paving sections and with percolation tests for any drainage retention basin. Prior to issuance of a building permit or creation of the parcels to facilitate development of the project, whichever occurs first, applicant/developer shall submit engineered improvement plans to be reviewed and approved by the City Engineer. Prior to final acceptance of the sewer system, all lines shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. The television camera shall have the capability of rotating 360°, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the City's construction inspector (or applicant's engineer for the private system), who will also initial and date the "Chain of Custody" form. The applicant shall immediately notify GC_CON.EX December 22, 1997 17. 16. Exhibit 4 Grand Canal Conditions Page 3 City of any pipe locations revealed to be not in compliance with the specifications. A recorded video cassette, completed "Chain of Custody" form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the City Engineer prior to acceptance of publicly maintained facilities and .approval of the private facilities. After acceptance/approval of the system, the video cassette, forms, and logs shall become the property of the City. The developer is required to construct an improvement which is on the facilities list for the Metropolitan Bakersfield Transportation Impact Fee. The developer shall receive credit against his traffic impact fees for this project. This credit is not available until the improvement has been constructed by the developer and accepted for maintenance by the City. Any building permit issued prior to this acceptance shall pay the full impact fee. Prior to review of improvement plans by the City, the subdivider shall submit: a. a grading plan for the subdivision to be reviewed and approved by the City Engineer. b. a preliminary soil report covering the entire subdivision, with i. R values, and engineering calculations to justify the paving structural sections proposed. ii. percolation tests to ensure the retention basin will operate as designed. c. a preliminary engineers estimate. d. plan check and inspection fees based on the preliminary engineer's estimate. PLANNING: 17. Prior to or concurrently with approval of final development plans for the project, applicantJdeveloper shall submit application for a comprehensive sign plan for the project and have obtained approval of the sign plan from the Planning Commission. 18. With the approval of the Planning Director, the project may be allowed to increase or decrease by up to 3% of the gross leasable floor area of retail uses between buildings. The same 3% increase or decrease of gross floor area for restaurants may also be allowed upon approval of the Planning Director. The net square footage of each type of use shall remain the same as originally approve. GC_CON.EX December 22, 1997 EXHIBIT "5" GRAND CANAL GPA/ZC #P97-0t33 SITE PLAN REVIEW I ORDINANCE REQUIREMENTS The Site Plan Review approval and compliance conditions are based on the plans you submitted. Any errors or omissions on plans submitted could alter these conditions or void this approval. "A" CONDITIONS - REQUIRING PLAN CORRECTIONS These changes must be reflected on the plans required by the Building Department for plan check. The Building Department will not begin plan check until all "A" conditions and applicable mitigation measures shown in Exhibit "3" of this resolution are correctly indicated on the plans submitted for plan check. Designate a fire lane,as required in mitigation measures. Please indicate spacing between signs that meet City standards. (Fire) 2. Indicate emergency access as required in mitigation measures. (Fire) The applicant shall indicate on the site plan submitted for building permits, that the proposed landscaped areas meet minimum City standards in accordance with Title 17.53.061 of the Municipal Code and as required in mitigation measures. A landscape plan including specifications for irrigation shall also be submitted to the Planning Department for approval before the Building Department will begin plan check. (Planning) Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code and as required in mitigation measures. (The more restrictive requirements shall apply.) Lights shall be designed, arranged, and shielded to reflect away from adjacent residential properties and streets with illumination evenly distributed across the parking area. All light fixtures shall be located above grade at heights stated in the mitigation measure. Lighting direction and light fixtures shall be shown on the final site plan. (Planning) Indicate on the final plan a minimum of fifteen 8' x 10' refuse bin locations pursuant to City Standard S-43. (Sanitation) 6. Indicate on the final plan 3 compactor roll-off bin locations. (Sanitation) "B" CONDITIONS - REQUIRING COMPLETION PRIOR TO BUILDING PLAN CHECK These conditions must be satisfied before the Building Department will begin checking plans submitted for plan check. In order to provide adequate fire protection during construction, the applicant shall install 29 fire hydrants as shown on the attached plans or provide alternative fire suppression as approved by the Fire Department prior to final site plan approval. (Fire) The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of refuse and/or recyclables and to establish type and level of refuse service. (Sanitation) GC_SPR.EX December 22, 1997 Exhibit 5 Grand Canal Project Site Plan Review Page 2 "C" COI~IDITIONS - ADVISORY CONDITIONS These are informational notes that might be helpful to you and concerns matters that can be addressed after building plan check approval. The time requirements are stipulated in the condition. The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire) All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. (Fire) Based upon available information, the fire flow requirement may be 4500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) The applicant shall post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) The applicant shall provide the Fire Department with one set of approved water plans prior to the issuance of any building permit. (Fire) Areas adjacent to all Fire Department connections shall be identified by yellow stripes pursuant to Bakersfield Municipal Code Section 15.64.140(d). (Fire) This review does not include approval of any signs for the project. A separate permit is required for all new signs, including construction signs, from the Building Department. (Building) Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. (Building) A final soils report shall be submitted to the Building Department prior to issuance of any building permits. (Building) 10. School District fees will be assessed at thetime of issuance of a building permit. (Building) 11. The applicant shall obtain necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any public pool or related facilities prior to issuance of a building permit. Handicapped access to any public pool and related facilities shall conform to the State Building Code. (Building) GC_SPR.EX December 22, 1997 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Exhibit 5 Grand Canal Project Site Plan Review Page 3 The applicant shall obtain necessary approvals from the Kern County Environmental Health Services Department located at 2700 "M" Street for any food handling facility, (such as a market or a restaurant) prior to issuance of a building permit. (Building) The minimum parking required for this project as shown on the proposal has been computed as follows: (Planning) Shopping Center: 35,000 sq. ft. (1 space/200 sq, ft.) 444,960 sq. ft. (1 space/250 sq, ft.) Theater: 4~400 seats (1 space/4 seats) PCD Parking Space Requirement = 175 Spaces = 1,780 Spaces = 1,100 Spaces TOTAL = 3,055 Spaces -- 3,t89 Spaces An address will be assigned is for the entire site at the time of final development plan submittal. If you desire individual pad and lease space addresses, submit two copies of the plot plan (8-%" x 14" max.) designating all possible lease areas to this department. (Planning) Approved landscaping shall be installed prior to final building inspection or occupancy of any building. (See attached) Landscape inspections are on Eddays. Call the Planning Department at 326-3733 prior to the Friday you wish your inspection. (Planning) NOTICE - Habitat conservation fees for this project will be calculated based on the fee in effect at the time (currently $1,240 per gross acre) payable to the Planning Department prior to issuance of an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). (Planning) The applicant shall provide three, 40 cubic yard roll-off compactor bins for the containment of refuse or recyolables. (Sanitation) The applicant shall provide a minimum of fifteen, 3 cubic yard front loading type refuse bins for the containment of refuse or recyclables. (Sanitation) Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation) Facilities required to provide grease containment shall provide a storage location separate from refuse or recycling bin locations pursuant to City Standard S-43. (sanitation) Facilities requiring infectious or medical waste services shall obtain approval for separate infectious or medical waste storage areas from the Kern County Environmental Health Services Department. In no instances shall the refuse or recycling bin area be considered for infectious waste containment purposes. (Sanitation) GC_SPR.EX December 22, 1997 Exhibit 5 Grand Canal Project Site Plan Review Page 4 22. Facilities generating 12 cubic yards of refuse or more on a daily basis shall be required to use roll-off type compactor. (Sanitation) The following are ordinances and policies that apply to the project. They may not reflect all of the ordinances and policies that your project is subject to but these are provided for your information. You are responsible for complying with all applicable ordinances and polices. At or prior to the time a buyer enters into a contract for the sale, lease with option to purchase, or ground lease of this property, the seller shall deliver to the buyer or lessor a completed Local Addendum Transfer Statement in compliance with 13.08.060. Prior to recordation of a subdivision map or issuance of a building permit, all improvement plans, including plans for signing/striping/marking, required walls, landscaping, and irrigation, shall be reviewed and approved by the City Engineer. i. Wall plans shall be an independent set of plans. ii. The subdivider shall ensure that each cable 'IV company provides notice to the City Engineer of its intention to occupy the utility trench. (16.32.070A.) Upon issuance of a building permit, fees (all based upon the charges or rates in effect at the time of issuance of the building permit) shall be paid to the City for the following: a. sewer connection fee. (3.70, Executive Order 94-03) b. regional traffic impact fee; (15.84) c. local traffic impact fees. Traffic impact fees shall be as determined by the applicant through review and approval of the traffic study submitted in relation to the EIR, subject to approval of the City Engineer. The Subdivider is required to install 9,500 and 5,800 lumen high pressure sodium vapor street lights to be located within or adjacent to the subdivision. (16.32.060 B.9) Street light installation shall be foundation mounted steel poles with 28' mounting height and 5' mast arms and shall include but not necessarily be limited to furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes. (Standard S-31 and SDM 3.2.11.1a) Numbers and locations of required lights will be determined after any required design revisions have been made to the tentative map. To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility companies to ensure there is sufficient clearance between the street light foundations and all utility lines, whether underground or overhead. (Policy) If electrical service points for street lights aren't available to be shown on street improvement plans, then they shall be shown on utility composite plans to be filed with the City Engineer prior to acceptance of improvements. (SDM 3.2.1t.5) The subdivider shall ensure the utility understands conduit for street light electrical services shall be kept within the street rights-of-way, unless prior approval is obtained from the City Engineer. (Policy) GC_SPR.EX December 22, 1997 EXHIBIT "5" Grand Canal SPR Page 5 PANAMA LANE SECTION 25. T. 30 S. R 27E. A BB W BERKSHIRE ROAD ............ Clear Fire Lane along both sides man-made canal and between Buildings A & B; E & H; J & K; O & P; R & S~ S & U; W & Z; Z & AA; AA & BB. EXHIBIT "6" GRAND CANAL PROJECT LOCATION MAPS EXHIBIT "6" GRAND CANAL PROJECT BOUNDARY EXHIBIT "6" GRAND CANAL GENERAL PLAN AMENDMENT P97-0133 l EXHIBIT "6" GRAND CANAL ZONE CHANGE P97-0133 · ..e ,, ,., ' lie.... II' EXHIBIT "7" GRAND CANAL PROJECT CITY OF BAKERSFIELD ZONING MAP #123-25 ~ L R-1 TO, PCD I C2 I11 CITY OF BAKERSFIELD ZONING MAP 123-25 SEC 25 T 308_ R 27E LEGEND EXHIBIT "7" EXHIBIT "8" GRAND CANAL PROJECT LEGAL DESCRIPTION EXHIBIT "8" PROPOSED P.C.D. ZONE (FROM R-i) ALL THAT PORTION OF SECTION 25, T.30S. R.27E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE N.89°49'24"W. ALONG THE SOUTH LINE OF T}{E NORTH HALF OF SAID SECTION 25 A DISTANCE OF 2094.93 FEET TO THE EASTERLY BOUNDARY OF STATE ROUTE VI-KER-99 AS DESCRIBED IN THE GRANT DEED RECORDED IN BOOK 3262, PAGE 773, OFFICIAL RECORDS OF KERN COUNTY; THENCE N. 12°05'28"W. ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 1212 . 88 FEET TO THE SOUTHERLY BOUNDARY OF THE ARVIN-EDISON CANAL; THENCE DEPARTING SAID EASTERLY BOUNDARY OF STATE ROUTE VI-KER-99, AND ALONG SAID SOUTHERLY BOUNDARY OF THE ARVIN-EDISON CANAL THE FOLLOWING FIVE (5) COURSES: 1) S.89°51'27"E., 1036.77 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 555.00 FEET; THENCE 2) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°09'25" AN ARC DISTANCE OF 214.62 FEET; THENCE 3) N.67°59'08"E., 162.15 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 445.00 FEET; THENCE 4) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°09'25" AN ARC DISTANCE OF 172.09 FEET; THENCE 5) S.89°51'27"E., 785.84 FEET TO THE HAST LINE OF SAID SECTION 25; THENCE DEPARTING SAID SOUTHERLY BOUNDARY OF THE ARVIN-EDISON CANAL, S.00~03'20"W. ALONG SAID EAST LINE A DISTANCE OF 1321.59 FEET TO THE POINT OF BEGINNING. CONTAINING 63.73 ACRES. C: \WINWORD\96147ZC. DOC\ JFK\JAN. 20,1997 EXHIBIT "9" GRAND CANAL PROJECT SITE PLAN, LANDSCAPE PLAN, ELEVATIONS ,~-~ P A N A M A L A N E SEC~TION 25, T. 30 $. t~ BB Z W ROAD EXHIBIT "9" EXHIBIT "9" B..LFILDING A Grand Canal at Bakersfield CITY SUBMITFA 1, ELEVATIONS Musil Govan Azzalino Inc. EXHIBIT "9" 100BLOC~K/TOWER Grand Canal at Bakersfield CITYSUBMITIAI, Musil Govzn M. zalino, Inc. ~OOBLqCK .EL~-V~TION$ Grand Canal at Bakersfield CITY SUBMITFA I. ~sil Govan Azzalino, Inc. EXHIBIT "9" ' °' ~ 300 BLOCK Grand Canal at Bakersfield CITY SUBMITTA I, Musil Govan fizzalino, Inc. EXHIBIT "9" ~00 BLOCK/BUILDING B/SOO BLOCK Grand Canal at Bakersfield CITY SUBMITrA I, Musi] Gov~n Azza~no, Inc. EXHIBIT "9" Grand Canal at Bakersfield CITY SUBMITTA I. Musii Govm Azzalino, Inc. EXHIBIT "9" 6..00 BLOCK/BUII.nlNG D F.I.I~.YATIONS Grand Canal at Bakersfield CITY SUBMITI~AI. Musil Govan Azzalino, Inc. 8o413 I=XHInlT "9" 7..0~., BLOCK/BUll,fliNG E Ri ~RVATIONS Grand Canal at Bakersfield CITY SUBMITTA I, Musi{ Govan fizzalino, Inc. EXHIBIT "9" BLOCK .EVATIONS Grand Canal at Bakersfield CITY SUBMITrAL Musll Govan Azzalino, Inc. EXHIBIT "9" .l_i i ...... -I i ~IJILD.~ING F/900 BLOCK _ELEV.~FIONS Grand Canal at Bakersfield CITY SUBMITTA I. l~usil Govan/~.zalino, Inc. EXHIBIT "9" DETAILS Grand Canal at Bakersfield CITY SUBMIT'FA h Musii Govan Azzalino, Inc. EXHIBIT "9" ~'~[!'~*'Ti~,~ ,~: ~FT~'~ :T~ :~ r~: t - ~ ~:~-~· t-~'~rr GENERIC CANAL ELEVATION Grand Canal at Bakersfield ( :1'1"; S[:BM1TI'AL ELEVATIONS Musil Govan Azzalin~, Inc. EXHIBIT "9" ,~,,, ,J EXHIBIT "10" MITIGATION MONITORING PROGRAM Section 2.0 of this DEIR identifies the mitigation measures that will be implemented to reduce the impacts associated with the Grand Canal. The California Environment Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance with any required mitigation measures applied to proposed development. As stated in Section 21081.6 of the Public Resources Code, ·.. the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition of project approval, in order to mitigate or avoid significant effects on the environment." Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final certification of the EIR. The mitigation monitoring table below lists those mitigation measures that may be included as conditions of approval for the project. These measures correspond to those outlined in Section 2.0 and discussed in Section 5.0. To ensure that the mitigation measures are properly implemented, a monitoring program has been devised which identifies the timing and responsibility for monitoring each measure. The developer will have the responsibility for implementing the measures, and the various City of Bakersfield departments will have the pdmary responsibility for monitoring and reporting the implementation of the mitigation measures. Exhibit l O Page 2 Exhibit 10 Page 3 Exhibit fO Page 4 Exhibit10 Page 5 Exhibit fO Page 6 Exhibit 10 Page 7 Exhibit 10 Page 8 Exhibit 10 Page 9 Exhibit 10 Page 10 Exhibit 10 Page 11 Exhibit 10 Page 12 Exhibit fO Page 13 Exhibit 10 Page 14 Exhibit 10 Page 15 Exhibit 10 Page 16 8 Exhibit 10 Page 17