HomeMy WebLinkAboutRES NO 4-98RESOLUTION NO.
A RESOLUTION MAKING FINDINGS ADOPTING
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN FOR THE GRAND CANAL PROJECT
(LAND USE ELEMENT AMENDMENT P97-0133).
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, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18,
1997, on a proposed amendment to the Land Use Element of the General Plan (P97-
0133), notice of the time and place of hearing having been given at least twenty-one
(21) calendar days before said hearing by publication in the Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment P97-0133
Martin-Mcintosh has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting 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);
and
WHEREAS, the above-described GPA 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, a 2,400 foot long man-made canal as
the central feature of the development including:
o150,000 square feet of factory outlet retail store.
o291,500 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
and
WHEREAS, the City of Bakersfield is the Lead Agency for said project;
ORIGINAL
WHEREAS, for the above-described amendment, 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;
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 and the Planning
Commission; and
WHEREAS, by Resolution No. 100-97 on December 18, 1997, the
Planning Commission recommended approval and adoption of GPA P97-0133 this
General Plan Amendment subject to conditions listed in Exhibit "1" through "5" 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, JANUARY 14, 1998, on the above described GPA P97-
0133 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, notice of time and place of the hearing having been
given at least ten (10) calendar days before the hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
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
Resolution No. 99-97 making findings and recommending
certification of the Final EIR 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.
(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.
ORIGINAL
10.
11.
12.
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 Lead
Agency 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;" and
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.
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;" and
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 Exhibits "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 applicantJdeveloper must satisfy.
ORIGINAL
13.
In accordance with Public Resources Code Section 21081.6,
Exhibit "8" attached hereto contains the monitoring program for
implementing the adopted mitigation measures.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
The above recitals and findings, incorporated herein, are true and
correct.
2. All required public notices have been given.
The Environmental Impact Report for the Grand Canal project is
hereby approved, adopted and certified.
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.
The City Council hereby approves and adopts GPA P97-0133 of
the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, constituting changes
as shown on the map marked Exhibit "6", attached hereto and
incorporated as though fully set forth, for property generally located
between SR-99, the Arvin-Edison Canal, South "H" Street and
Berkshire Road alignment subject to conditions of approval and
mitigation measures shown on Exhibits "3", "4" and "5".
That General Plan Amendment P97-0133, approved herein, be
combined with other approved amendments described in separate
resolutions, to form a single Land Use Element Amendment to the
Metropolitan Bakersfield 2010 General Plan.
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.
......... O00 ........
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
JAN ~ ~' 199B , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, J:~W'L-ES, SULLIVAN, SALVAGGIO
NOES: COUNCILME;',~BER ~,~
A~ AIN, COUNCILMEMbER ~'~' 4
~NT: ~UNCI~E~ER /~/~./
ORIGINAL
CITY CLERK and Ex Officio(~lerk of the
Council of the City of Bakersfield
APPROVED JAN 1 4 199~
BOB PRICE ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY A'I-I'ORN EY
Attached Exhibits:
1. CEQA Statement of Facts and Findings
2. Statement of Overriding Considerations for Air Quality.
3. Summary of mitigation measures.
4. Conditions of Approval (includes mitigation measures and
discretionary conditions).
5. Site Plan Review Conditions,
6. Location Maps,
7. Site Plan, Landscape Plan and Elevations.
8. Mitigation Monitoring Program.
JE:pjt
December 30, 1997
res\rg0133-cc
5
ORIGINAL
EXHIBIT "1"
STATEMElt' OF FACTS AND~J~IDJNGS
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
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 if 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 incorporated 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)
ORIGINAL
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 RESPECT 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.
ORIGINAL
Exhibit l
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. FINDINGS WJ_THRESPECT TO TI-IEEI~VIRONMENTAL REVIEW 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.
ORIGINAL
Exhibit f
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 THE ENVIRONMENTALANALYSIS
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:
ORIGINAL
Exhibit 1
Statement of Facts and Findings
Page 5
Agricultural Use of Broperty
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 Water Quality
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 lmpact. Proper maintenance of the
canal and implementation of required mitigation measures, would reduce
impacts to less than significant levels.
Valley Ee~er
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.
Public Safety
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.
ORIGINAL
Exhibit 1
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,Tern3 Aesthetic Impacts
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. .~
ORIGINAL
Exhibit 1
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 SignaLWa[rant
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.
ORIGINAL
Exhibit l
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 vidue 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:
AmphitheaterNoise 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.
ORIGINAL
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-~TP_j'm 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 Ai[ Quality Impacts
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 NOx emissions from
mobile sources; emissions of other pollutants would be less than
significant.
Consistency with Air Quality Attainment 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.
Cumulative Impacts
5.7-4
Impacts to regional air quality resulting from development of cumulative projects
would significantly impact existing air quality levels. Significance: Impacts
would be significant and unavoidable.
ORIGINAL
Exhibit 1
Statement of Facts and Findings
Page lO
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 also 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:
ORIGINAL
Exhibit f
Statement of Facts and Findings
Page II
Permanent Replacement of Site Vegetation and Habitat
5.8-1
Finding
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 prior to mitigation are as follows:
Impacts 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 ~./~K~c4~
substantially lessen the significant environmental effects as identified in the Final EIR~
ORIGINAL
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 SeB/ices
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.
EJ[e 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. ~ 'ro~
ORIGINAL
EXHIBIT "2"
STA'rEMEN~OF OVERRIDING CONSIDERA~LQNS
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.
lovedde (December23, 1997)
ORIGINAL
EXHIBIT "3"
SUMMARY OF MITIGATJONJ~:ASURES
Public Health and Safety
Agricultural Use of Property
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 PopulatianLCar~al 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
aftins) 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.
ValleyS:ever
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 earliest time possible or stabilized by watering when winds exceed 25 miles per hour
in order to reduce the potential inhalation of spores causing Valley Fever.
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.
ORIGINAL
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
sito'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.
ORIGINAL
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.
Lightand 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
'fdp Generation andJ~istrJbution
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)
ORIGINAL
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 Plus 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 A);
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).
ORIGINAL
Exhibit 3
Summary of Mitigation Measures
Page 5
2020 Plus 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 SigQa[ Warrant
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 T[ansit
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.
ORIGINAL
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 Impacts
Fugitive Dust
57-1a The project shall comply with San Joaquin Valley Unified APCD Regulation VIII, Fugitive
Dust PM1o 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;
ORIGINAL
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 period);
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
5.7-1 b 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:
ORIGINAL
Exhibit 3
Summary of Mitigation Measures
Page 8
solar or Iow-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.
Cumulative 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
Grand Canal/Sump Callection Site
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.
ORIGINAL
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 closure 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 (USFWS) 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.
ORIGINAL
Exhibit 3
Summary of Mitigation Measures
Page 10
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~ces
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.
ORIGINAL
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.
ORIGINAL
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 WO~J~S:
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 deceteration 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 GET's
requirements, if any, shall be provided to the City Engineer prior to review of
improvement plans.
GC_CON.EX
December 22, 1997
ORIGINAL
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 per¢olation 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.£X
December 22, 1997
ORIGINAL
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 noJLavailable 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 engineer's 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,
applicant/developer 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
ORIGINAL
EXHIBIT "5"
GRAND CANAL GPA/ZC #P97-0133
SITE PLAN REVIEW/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" CQND['['JONS - 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
ORIGINAL
Exhibit 5
Grand Canal Project Site Plan Review
Page 2
"C" COJ~IDJT~ONS - 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 the time of issuance of a buildingpermit.
(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
ORIGINAL
Exhibit 5
Grand Canal Project Site Plan Review
Page 3
12.
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)
13.
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.) = 175 Spaces
444,960 sq. ft. (1 space/250 sq, ft.) = 1,780 Spaces
Theater: 4,400 seats (l space/Aseats) = 1~100 Spar, es
TOTAL = 3,055 Spaces
PCD Parking Space Requirement = 3,189 Spaces
14.
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)
15.
Approved landscaping shall be installed prior to final building inspection or occupancy of
any building. (See attached) Landscape inspections are on Fridays. Call the Planning
Department at 326-3733 prior to tb~ Friday you wish your inspection. (Planning)
16.
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)
17.
The applicant shall provide three, 40 cubic yard roll-off compactor bins for the
containment of refuse or recyclables. (Sanitation)
18.
The applicant shall provide a minimum of fifteen, 3 cubic yard front loading type refuse
bins for the containment of refuse or recyclables. (Sanitation)
19.
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation)
20.
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)
21.
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
ORIGINAL
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 aft of
the ordinances and policies that your project is subject to but these are provided for your
information. You are responsible for complying with aft 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 'rv 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. ('18.32.060 B.9)
Street light installation shall be foundation mounted steel poles with 28' mounting
height and 6' 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 3.2.1'1.5)
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
ORIGINAL
EXHIBIT "5"
Grand Canal SPR
Page 5
PANAMA LANE
w
SUMP
-
BERKSHIRE R OA £
Fire Hydrants (Shown in ap ati n; see file for tail.
Clear Fire Lane along both sides man-made canal and
between Buildings A & B; E & H; J & K; 0 & P; R & S~
S & U; W & Z; Z & AA; AA & BB.
EXHIBIT "6"
GRAND CANAL PROJECT
LOCATION MAPS
ORIGINAL
EXHIBIT "6"
GRAND CANAL
PROJECT BOUNDARY
I
ORIGINAL
EXHIBIT "6"
GRAND CANAL
GENERAL PLAN AMENDMENT P97-0133
ORIGINAL
EXHIBIT "6"
GRAND CANAL
ZONE CHANGE P97-0133
c-, i
· .4 I
I
,,";.,- U ,,,,.. I]; H .,11.,~
M II ~1 Ih~ Ilillal
ORIGINAL
EXHIBIT"7"
GRAND CANAL PROJECT
SITE PLAN, LANDSCAPE PLAN, ELEVATIONS
ORIGINAl
EXd~rrlN~ C-2 D
ARVIN-EDISON
A
PANAMA LANE
.S~CTICNN125, T 30
BB
W
SUMP
20 ACRES
BERKSHIRE
ROAL
EXHIBIT "7"
ARVIN ON
A
Q
8B
EXHIBIT "7"
Grand Canal at Bakersfield
CITY SUBMITFA l,
Musil Govan Azzalino, Inc.
EXHIBIT "7"
1~ ~LOCK/TOWER
Grand Canal at Bakersfield
CI'Iq( SUBMITTA I,
Musil Govan Azzalino Inc.
3o(13
EXHIBIT "7"
2~00 BLOCK
Grand Canal at Bakersfield
CITY SUBMITi~A I,
Musfl Govan hzzalino, Inc.
EXHIBIT "7"
300 BLOCK
Grand Canal at Bakersfield
CITY SUBMITFA l,
Musil Govan fizzalino, Inc.
EXHIBIT "7"
4~ BLOCK/BUll.DING B/500 BLOCK
Grand Canal at Bakersfield
CITY SUBMITTA I,
Musii Govm fizzalino, Inc.
EXHIBIT "7"
BUll.DING C
Grand Canal at Bakersfield
CITY SUBMITTA [,
Musil Govan fizzalino, Inc.
EXHIBII "?"
600 BLOCK/BUILDING D
o ~.f.~A~o~s
Grand Canal at Bakersfield
CITY SUBMITrA 1,
Musil Govan Azzalino, Inc.
EXHIBIT "7"
700BLOCK/BUILnING.. R Grand Can~! at Bakersfield
o ~./.~T~ONS
CITY SUBMITTAl,
Mush Govan fizzalino, Inc.
EXHIBIT "7"
Grand Canal at Bakersfield
CITY SUBMITI'AI.
Musil Govan Azzalino, Inc.
IOof 13
EXHIBIT "7"
~BUIJxDING F/900 BLOCK
Grand Canal at Bakersfield
CITY SUBMITTA l,
Musil Govan Azzalino, Inc.
F:XHIlalT "?"
,/
DETAILS
Grand Canal at Bakersfield
CITY SUBMITTAI.
Musil Govan Azzalino, Inc.
EXHIBIT "7"
~'; ...... ~ ...................... - ................ SECTION A ; ~ SECTION B
GENERIC CANAL ELEVATION
Grand Canal at Bakersfield
(.'1'15' SUBMiTTAl.
Musil Govan Azzalin(,, Inc.
EXHIBIT "7"
EXHIBIT "8"
~MDJ~I_T~ RI N ~
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.
ORIGINAL
GRAND CANAL PROJECT
ENVIRONMENTAL IMPACT REPORT
MITIGATION MONITORING PROGRAM
I
Mitigation f
Measure
Planning
DURING FINAL GRADING AND EXCAVATIOI~
Verification of Compliance
Engineering
Traffic Engineering
I Building and Safety I Fire Department ] Golden Empire
Sanitation Division Police Department Transit
5.3-4b All areas with bare soil exposed as a resnlt Approved by:
of grading activities shall be landscaped at the
earliest time possible or stabilized by watering
when winds exceed 25 miles per hour in order to on
reduce thc potential inhalation of spores causing
Valley Fever.
5.9-1 If archeologicalor paleontological resources Approved by:
are discovered during excavation and grading
activitieson-site, the contractor shall stop all work
and the developer shall retain a qualified on
archaeologist to evaluate thc significance of the
finding and appropriate course of action. Salvage
operation requirements in Appendix K of thc
Cahfornia Environmental Quality Act Guidelines
shall be followed and the treatment of discovered
Native American remains shall comply with State
codes.
DURING PLAN CHECK:
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.
C, IT~o~uld contaminant levels be in excess of
~O a~,,a~table Federal,State and/or County levels, the
c~ pro~.c! applicant shall identify and implement
~ re ~n~ial action, subject to approval by the City of
--'>-, ~l~rsfieldand respomible regulatory agencies to
9 '~Xr~duce contaminants to acceptable levels.
Approved by:
Off
Mitigation VerifJcatlou
Measure Engineering Building and Safely Fire Department Golden Empire
Planning Tramc Emgineering Sanilnthm Division Police Depap.ao.i
5.4-1 Constrnctioncqnipmcntslagingarcaashall Approvcdby:
be located away frmn exisling realdenlial uses ant
appropriate screening (i.e., temporary fencing wilh
opaque material), used lo buffer views of on
construct/on equipment and material, when
feasible. Staging Iocalions shall be indicated on
project Final Development Plans and Grading
Plans and subjecl to review and approval of Ihl
City. Compliance with lhis measure is subject to
...pcrkdic field inspccfious by Cip/staff.
5.4-2a The projccl Final Dcvelopmcnl Plan an¢ Approved by:
Landscape Plan shall include the following:
· a minimum six-foot high masonry wall along thc
edge of the parking lot on the site's northern on
boundary; and adjacent said wall, alternate
planting of 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 lanclscaped 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 parc of the EIR certification.)
5.4-2b Agmechanicalandelectricalequipment(to Approved by:
be installedon Ibc slructuteor on the ground) shall
be adequately screened dom public view. The
serceningshall he considered as an element of lhe on
overall design and must blend wilh Ihe
architectural design of the building and/or
landscaping, as appropriale. Const ruction plans for
~[~,'~u~ildings shall indicate any fixtures or
equipl~?t to be lucaled on the roof of Ihe
respecl~ structure, equipment types, and design
Ver4flcatlon of Compliance
Miligaliou
Measure Engineering Building and Safety Fir~ Department (;olden Empire
l'lamfing Traffic Engineering Sanilation Division Police Deparlment Transit
of the screeningmateriaI.The method of screening
shall be reviewed and approved by the City.
5.4-2c No storage of any kind shall be permitted Approved by:
outside the structures shown on Ihe Site Plan.
on
5.4-2d All visible trash collection facilities and Approved by:
features throughout thc project site shall be
designed to complement the project design.
on
5.4-2e Regular parking lot and sidewalk sweeping Approved by:
shall be made part of maintenance activities on-
site.
on
5.4-2f Sign plans shall be designed by the applicant Approved by:
and reviewed by the City with special attention
given to light and glare impacts on sensitive uses
adjacent to the site. on
5.4-3 The proposed project shall adhere to lhe Approved by:
following lighting standards requirements:
Parking lot light standards within 160 feet of on
the north property line shall not exceed 20
feet in height.
Parking lot light standards within 295 feet of
Ibc cemerline of Berkshire Road shall not
exceed 20 feet in height.
No parkinglot lighting shall exceed 30 fcct in
height.
Final dcveh)pment plans for the project shall
gO identify the height of parking lot light
:4x standards.
Mitigalion
Measure
5.5-1b To accommodate years 1999 and 2020 plus
project conditions, the following inlersection and
roadwaysegment improvementsare required. The
post mitigation Level of Service (LOS) are
incMded in parenthesis after each required
improvement.
It should be noted that a project to widen the
Panama Lane grade separation over SR-99 and
provide signalization of the off-romps is currently
under construction (November, 1997).
Intersection Improvemenls
The following inlcrscctions require improvements
due to the addition of project traffic:
1999 Plus l'roject (Opening Da3,) 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);
Panama Lane and Colony Street: add
eastbound right turn lane and northbound left
turn lane (LOS B);
Panama Lane and South "}t" Street: add
northbound lelt turn lane (LOS C); and
Project Enmmce #2 and South "I-f" Street:
provide two eastbonnd lanes (LOS B),
2020 t'ha' Project Conditions
,-qr~ Panama Lane and Northbound SR-99 on/off-
O O~ ramps: add eastbound through lane (LOS B);
° ~Panama Lane and Southbound SR-99 on/off
~'amps: add soulhbound left lane (LOS B);
Planning
Verification of Compliance
Engineering
Traffic Engineering
Approved by:
on
Building and Safety
Sanitatitm Division
Fire Department
Police Department
Golden Empire
Transit
Vertflention oi'Compllonre
Mitigation
Measure Engineering Bnilding and Safely Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
Panama Lane and Colony Street: add
eastboundthrough 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 "ii"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 Sou th "H" Street:
add northbound left turn lane, southbound
left turn lane, and southbound right turn lane
(I.OS C); and
Project Entrance #2 and South "H" Street:
add two eastbound lanes (LOS B).
Roadway Segment improvements
The following roadway segments require
improvementsdue to the addition of project traffic
1999 Pitts Project (Opening Day) Coaditions
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 A);
. · Panama Lane (Northbound SR-99 on/off-
FO~. ramps to Colony Street): add median (LOS
· ~anama Lane (Colony Street to South "tl
~treet: add Median (LOS A);
i \ .~c~ Berkshire Road (Project Frontage): construct
four lane undivided roadway (LOS A); and
Veriflflcation of Compliance
Mitigation
Measure Engineering Building and Safety lrice Department Golden Empire
Planning Traffic Engineering Sanitatilra Division Police Department Transit
South "H" Street )Panama Lane to Berkshire
Road): widen to four lanes along project
frontage (LOS A).
2020 Plus Project Conditions
Panama Lane (Northbound SR-99 on/off-
ramps to Colony Street): widen to six lanes
(LOS A); and
Soulh"H" Street (Berkshire Road to McKee
Road): widen to four lanes (LOS A).
5.5-4 Final DevelopmentPlans shall depict and the Approved by: Approved by:
project applicant shall construct a bus turnout on
South "H" Street, between Ihe two project
cntranccsoffof South"H' Street. The bus turnout on on
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.
$.7-2a The project applicant shall incorporate Ihe Approved by:
following in building plans.
bicycle racks shall be provided in the proposed on
commercialareas. Locationand numbershall
be shown on Final Development Plans.
5.7-2b The proposed project shall comply with Approved by:
Tille 24 of the California Code of Regulations
established by the Energy Commission regarding
-~nergy conservation standards. Thc project on
a~icant shall incorporate the following in
bulling plans, subject to the review and approval
of IR City:
Verification of Compliance
Miligalion
Measure Engineering Bnihling ;and Safety Fire Department Golden Empire
l'l;mning Traffic Engineering Sanitali,,n Division Police Department Transit
solar or Iow-NO, emission water heaters shall
be used;
central water heating systems shall be used;
double-paned glass shall be used in all exterioc
windows;
energ3'-efficierl Iow-sodinm parking lot lights
shall be used; and
install energy-efficient and aulomated air
conditioners.
5,8-1¢ Prior to grading plan approval for the 65.73- Approved by:
acre Grand Canal site, the project applicant shall
comply with thc l~l[owing Burrowing owl
mitiga fion requirements: on
if grading on the 65.73-acre Grand Canal site
is proposed to occur during the Burrowingowl
nesting season (March 1 through August 15),
a preconstmcfion 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 inlo on-site squirrel burrows and to
identify active nests in areas potentially
impacted by project implementalion.
if constructmn is proposed to take place
during the Burrowing owl nesting season, no
construction acfivdy shall lake place within
500 feet of an active nest nnfil the young have
flcdged (ils determined hy a qualified raptor
biologist). Trees containing nests that must be
removed as a result of project implemenlation
shall be removed dnring lhe non-breeding
season (August 16 through Febrna~y).
~I{O~onslrucfion is initiated during Ibc nesting
seall~n and active eggs or nests were identified in
· .-the~rec°nstructi°n survey, the applicant shall
,co~{~lt with2~.~ the U.S. Fish and Wildlife Service and
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitarium Division Police Department Transit
California Department of Fish and Game to
conduct issuance of a Migratory Bird Permit and
burrow closure prior to the nesting season.
5.10-1 Prior to Final Developmenl Plan submitlal, Approved by:
the applicant shall submil a Security Plan to the
Bakersfield Police Department for review and
approval. The tbllowing measures shall be on
incorporated into the Security Plan:
provision of on-site security guards;
security lighting at parking areas, loading
areas, and walk'ways;
use of dead bolts, closed-circuit televisions,
security lighting and alarms, and other design
features lo 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.
5.10-2a Fire apparatus access roads shall have an Approved by:
uuobstrt~:ted width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13
feet 6 inches, on
5.10-2b Fire apparatus access roads shall be Approved by:
designed and maintained to support the imposed
loads of fire apparatus and shall be provided with
~ surface so as to provide all-weather driving
'cl~abilities. on
Ver/fleatlon of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
I)lanuing Traffic Engineering Sanilution Division police Department Transit
5.10-2c Fire lanes shall be provided along the front Approved by:
of all shopping complexes and all other buildings
other than dwellingswhen any part of said complex
or building is more than 150 feet from a public on
street.
5.10-2d Fire lanes shall be located as determined Approved by:
by the Chief, and shall not bc 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 on
feet, 6 inches.
5.10-2e Fire hydrants shall be "Double Fours" (2, Approved by:
4-inch outlets) and be placed approximately 330
feet continuously around shopping center with
structures no more than 150 feet from a hydranl, on
Exact location to be shown on improvement plans
as approved by the Fire Department.
5.10-2f Standpipes may be requiredor used in lieu Approved by:
of fire hydrants within the canal access area to be
determined by the Fire Chief.
on
5.10-2g Fire flow requirements shall be 4,500 Approved by:
gallons per minute or as otherwise determined by
the Fire Chief.
on
5.3-3a Prior to Final Development Plan submittal, Approved by:
the applicant shall coordinate with the Kern
Mosquito Vector Control District to determine
applicable methods to combat the mosquito, on
includingbut not limiled to, stocking thc canal with
~.~osquitofish (Gambusia affins) to control
h~,qmto larvae. With Finn Deve opmcnt Plan
sub.rial, the project appl/cant shall submit written
doct~entation from the District confirming
co.c~ination and !nclude a monitoring plan, if
~cl~icable, to the City.
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitatinn Division Police Department Transit
53-3b With Final DevelopmentPlan submittal, the Approved by:
applicant shall submit to the City of Bakersfield for
reviewand approval a Canal MaintenanceProgram
which shall, at a minimum, outline tasks on
(methods),responsible parties, maintenance and a
monitoring schedule addressing the following:
prevention of stagnation;
circulation of water;
mosquito abatement;
maintaining and testing water qualiVJ; and
debris control/removal.
5.3-$b With Final Development Plan submittal, the Approved by:
applicant shall submit canal designs illustrating
perimeter barriers along the canal. The type of
material for fencing/gales and the height are on
subject lo review and approval by the City of
Bakersfield Building Department.
pRIOR TO ISSUANCE OF BUILDING ~PI~RMITS
5.5-1a Prior to the issuance of building permits, Approved by:
the project applicant shall comply with the
Metropolitan Bakersfield Transportation Impact
Fee Program. The project applicant shall on
partic~patein thc improvementsrcquiredon a pro-
rata fair-share basis as provided in Table 5.5-3,
Pro-Rata/Mitigation.
5.5-2a To accommodate existing plus project Approved by:
(1999) traffic conditions, traffic signals are
projected to be warranted at the following
intersections: on
'-?c. Project Entrance #2/South "H" Street (LOS
0~B),~ and ,,
· .,~2.Nt~erkshire__ Road/South "H Street (LOS
B).
Verification of Compliance
Miligalio.
Measure Engineering Building and Safety Fire Department Gulden Empire
Planuing Traffic Engineering Sanitation Division Police Department Transit
The applicant shall participate in the
improvements required on a pro-rata lair-share
basis as provided in Table 5.5-3, Pro-Rata/
Mitigation.
5.5-2b The traffic signals required as a result of Approved by:
the proposed project shall include an interconnect
of the signals Io function in a coordinated system
with existing and planned signals, on
pRIOR TO CONSTRUCTION:
5.7-1a Thc project shall comply with San Joaquin
Valley Unified APeD Regulation VIII, Fugitive
Dust PMk, Prohibitions. To ensure compliance,
the following measure shall be implemented:
cover all access roads and parking areas with
asphalt-concrete paving;
asphalt-concretepaving shall comply with San
Joaquin Valley Unified APeD Rule 4641 and
restrict the use ot cutback, slow-cure and
emulsified asphalt paving materials;
use water sprays or chemical suppressants on
all unpaved areas to control fugitive
emissions;
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
period);
limit construction-relatedvehicle speeds to 15
mph on all unpaved areas at the construction
site;
Gl~'b'O all haul trucks should be covered when
O ~
:~ ~ansportmg loads of soil; and
~ °.~ash off construction and haul trucks to
~ ~inimize the removal of mud and dirt from
r-- ¢~"~he project sites
Approved by:
on
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Deparlment Golden Empire
I'lanning Traffic Engineering Sanilution Division Police Department Transil
5.8-1a Habitat Conservation fees for the project Approved by:
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 on
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 Approved by:
avoidance measures for the San Joaquin kit fox.
MBHCP guidelines regarding tracking and
excavationshall be followed to prevent entrapment on
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 tbur inches or greater shall be
kept capped to preventcntryofkit fox. If they
are not capped or otherwise covered, they
shall be inspected daily prior to burial or
closure lo ensure no kit foxes, or other
protected species, become entrapped;
all pipes, culverts or similar structures with a
diameter of four inches or greater shall be
kept capped to prevententry of kit fox. If they
are not capped or otherwise covered, they
F~ shall be inspected daily prior to burial or
'""60:~losure to ensure no kit foxes, other
or
~,rotected species, become entrapped;
GITF
o
Yeriflcation of Compllnnee
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanilation Division Police Deparlment Transit
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.
With the exccplion of Burrowing owls (see
following mitigation measure), impacts to special-
stat~s species on the project site are covered under
the terms and conditions of tile MBHCP and
associated Implementing Agreement. The
compensation and avoidance requirements of the
[VIBHCP 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.
5.8- Id The presence of any previously unidentified Approved by:
protected species which are not addressed in the
MBHCP, including those protected under Ihe
Federal Migratory Bird Treaty Act, should be on
avoided and evaluated by a qualified biologist prior
to construction. The Fish & Wildlife Service
(USFWS) and California Department of Fish &
Game (CDFG) should be notified of previously
unreported protected species. Any unanticipated
take of protected wildlife shall be reported
· h'~ediately to the CDFG and USFWS.
0
Mitigation
Mensur~
DtUU~ CO~ST~UCUmO~:
5.7-1a The project shall comply with San Joaquin
Valley Unified APCD Regulation VIII, Fugitive
Dust PM~0 Prohibitions. To ensure compliance,
the following measure shall be implemented:
cover all access roads and parking areas with
asphalt-concrete paving;
asphalt-concretcpaving 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;
enclose, cover or water all stockpiled soils to
reduce fugitive dust emissions;
cease grading activiliesduring periods of high
winds (greater than 20 mph over a one-hour
period);
limit construction-relatedvchicle speeds to 15
mph on all unpaved areas at the construction
site;
all haul trucks should be covered when
transporting loads of so/I; and
wash off construction and haul trucks to
minimize the removal of mud and dirt from
lhe prolect sites.
Verification of Compliance
Building and Safety
Sanitation Division
POST CON ~-I'KUCTION:
Planning
Approved by:
Engineering
Traffic Engineering
I Fire Department I Golden Empire
Police Department Transit
on
5.5-1c Per the request of the Bakersfield Public
Works Department, a post project completion
traffic stody shall bc completed by the project
~.~pplicant in order to assess the adequacy of
O ~1. r' ~ired mitigation improvements.
Approved by:
OB
Verification of Compliance
Miligalion
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanilation Division Police Department Transit
I
Traffic data shall be collected within 12 to 15
monlhs of the opening of thc Center. 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.
$.6-4a Operational hours for amplified sound at Approved by:
the amphitheater use shall be limited to between
the houm of 7:00 a.m. to 10:00 p.m. Adherence
with this measure is subject to periodic site on
inspections by the City of Bakersfield.
5.6-4b The amphitheater speaker system shall be Approved by:
limited to an hourly Ls0 noise levels to 0.75 dBA at
100 feet from the speaker system. This
modification would ensure that the City daytime on
noise standard of [3o 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 systent
specifications which demonstrate the required
noise level limitation,prior to the first event held at
the amphitheater. Continuod adherence with this
measure is subject to periodic site inspections by
City Staif and the annual provision of speaker
system inspection report prepared by the project
· ~}~licantdemonstratiqg compliance to the City. If
de~<imincd by thc Planning Director to be
ne~ ?~T, the dcvelopershall be required to retain
at ~ le developer's expense, a qualified noise
.c,~llant and prepare a noise study to determ nc
I~o~mpliance with this reitigation.