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HomeMy WebLinkAboutRES NO 266-05 RESOLUTION NO. 266-05 RESOLUTION MAKING FINDINGS, TENTATIVELY APPROVING THE CANCELLATION OF A WILLIAMSON ACT LAND USE CONTRACT ON CERTAIN PROPERTY GENERALLY LOCATED WITHIN THE AREA BOUNDED BY BUENA VISTA ROAD TO THE WEST, TAFT HIGHWAY TO THE SOUTH, OLD RIVER ROAD TO THE EAST, AND THE UNNAMED FUTURE COLLECTOR MIDWAY BETWEEN MCCUTCHEN ROAD AND PANAMA LANE TO THE NORTH (GOVERNMENT CODE SECTION 51282). 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, October 3, 2005, and Thursday, October 6, 2005, on Case No. 03-1528 of a proposed cancellation of a Williamson Act Land Use Contract on that certain property being annexed to the City of Bakersfield, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such proposed cancellation is as follows: Williamson Act Land Use Contract Cancellation: PB Ventures LLC applied to cancel a Williamson Act Land Use Contract on approximately 316.5 acres within Kern County Agricultural Preserve No. 10 generally located within the area bounded by Buena Vista Road to the west, Taft Highway to the south, Old River Road to the east, and the unnamed future collector midway between McCutchen Road and Panama Lane to the north; and WHEREAS, the requested cancellation covers an approximately 316.5-acre portion of Section 31 and the south half of Section 30, Township 30 South, Range 27 East, Mount Diablo Meridian, in the unincorporated area of the County of Kern, State of California; and WHEREAS, the subject property is part of a proposed annexation to the City of Bakersfield in said County and State; and WHEREAS, the subject site is also part of a proposed General Plan Amendment/Zone Change (No. 03-1528) to allow the development of urban uses on the site; and WHEREAS, the applicant for the property owner has indicated the purpose of the request is to develop a new master planned community in southwest Bakersfield featuring a balance of residential, retail, employment, recreation, and public facilities; and WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor has determined the full market value of the land with respect to which the cancellation is requested, as though it was free of the contractual restriction, and has certified to this Council that the amount thereof is $28,485,000, and that the cancellation fee is $3,560,625 for the 316,5 acres, and has certified that there are no additional deferred taxes under Government Code Section 51283; and 1 .\)M~1 ö- ~ >- m ':;. ;- Ù I::J ORIGiNAL ~ ,....._---,--- .-.--"-'- - WHEREAS, the request for the cancellation of the Williamson Act Land Use Contract by PB Ventures LLC was duly heard and considered by the Planning Commission at a public hearing held October 6, 2005; and WHEREAS, proposed General Plan Amendment/Zone Change No, 03-1528 for the property is conditioned upon the payment of the fee calculated by the Kern County Assessor noted above, prior to any further urbanization of the property; and WHEREAS, by Resolution No. 152-05 on October 6, 2005, the Planning Commission recommended approval and adoption of the cancellation of the Williamson Act Land Use Contract subject to the mitigation and conditions of approval listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; 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, November 9,2005, on the above described proposal, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, a notice of hearing was sent to the Department of Conservation pursuant to Section 51284 of the Government Code; and WHEREAS, a notice of hearing was sent to property owners of lands under contract within one mile of the project site pursuant to Section 51284 of the Government Code; and WHEREAS, the City Council, pursuant to Government Code section 51282, tentatively approves cancellation of the Williamson Act Land Use Contract, subject to the conditions of approval for the project attached to this resolution (see Exhibit "A"); and WHEREAS, the City Council tentatively approves cancellation of the Williamson Act Land Use Contract subject to completion of the annexation process for the property; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 152-05, adopted on October 6, 2005: a. All required notices have been given. b. The provisions of the California Environmental Quality Act (CEQA) have been followed. c, An Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment, therefore, an Environmental Impact Report was prepared for the project in accordance with CEQA. 2 <.Ì'>Ak~ () ~ "- - I- m - r- o C> ORIGINAL ,. d. The applicant entered into an agreement with the City of Bakersfield to implement all mitigation measures identified in the environmental analysis contained within the Final Environmental Impact Report, e. The laws and regulations relating to the preparation and adoption of the Final Environmental Impact Report as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. 1. Based on the Initial Study, and comments received, staff has determined that the proposed project could have a significant effect on the environment. A Draft Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. Comments were received and responses provided to the comments. A Final Environmental Impact Report was prepared for this project in accordance with CEQA. g. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. h. The public necessity, general welfare and good zoning practice justify the recommended cancellation of the Land Conservation Contract on the approximately 316,5 acres, located within the area bounded by Buena Vista Road to the west, Taft Highway to the south, Old River Road to the east, and the unnamed future collector midway between McCutchen Road and Panama Lane to the north. i. The project site, with prior approval of General Plan Amendment No. 03- 1528, is designated LR (Low Residential) on 1,630,3 acres, HMR (High Medium Residential) on 109.5 acres and GC (General Commercial) on 93.2 acres on the Metropolitan Bakersfield General Plan Land Use Plan. j. The recommended cancellation is compatible with the surrounding uses. k. The recommended cancellation is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-1528 and to conditions imposed on General Plan Amendment/Zone Change No, 03-1528. I. That cancellation of the Land Conservation Contract is hereby recommended with mitigation measures adopted in the Final Environmental Impact Report. m. The property lies within a path of development with approved urban development projects in progress and said urban development projects as well as local government agency efforts have extended supporting utilities and infrastructure adjacent to the property. n. Notices of nonrenewal were recorded for the affected parcels in March 2005 in accordance with Government Code Section 51245; public notice of a hearing for cancellation will be published in a paper of general circulation; notice of nonrenewal and cancellation will be sent to the Director of 3 CY' t~ .\,j\ {~1J1 '" >- - r ~ L) 6 ORIG~NAl Conservation and all contracted parcel landowners within 1 mile of the project area; the County Assessor's office will publish the fair market value of the property under cancellation and will notice the landowner and the Director of Conservation. o. The forecast growth in the Metropolitan Bakersfield area is anticipated to occur at the urban fringes of the City. Development pressure in the southwestern quadrant of the city has increased substantially. Development pressure in the project area is linked to population growth, economic development, and other needs of a growing community. As such, the requested cancellation is considered a result of natural growth conditions and part of an already expanding incorporated area, and is, therefore, not anticipated to be the cause of or contribute to new development pressure on adjacent agricultural lands, Further, the subject property is bordered on three sides by current and/or future development projects, such as Flying Seven and Annexation No. 518 to the west, Tracts 6320, 6349, 6328, 6104, 6329,6169, and 5840 to the north, and General Plan Amendments/Zones Changes 04-0057, 04-1012, and 04-1334 to the east, reiterating this growing trend of expansion in the southwestern portion of the metro area as a function of population growth and not induction by the subject project. The growth management policies contained in the MBGP are designed to guide and direct growth to its most appropriate location, keeping growth near existing development. Such a growth plan is facilitated by the determination of a City's Sphere of Influence (SOl) line (see MBGP page 11-5). In such that the project is located within this SOl line, the project is located within appropriate development areas as indicated in the MBGP. Further, the MBGP states "Land to be developed for non-agricultural use should be programmed to occur in a gradual outward extension of present non- agricultural areas in order to minimize fragmentation and provide for the efficient provision of urban services (See MBGP page V-11)." The lands proposed to be removed from contract are proposed on lands that are a "gradual outward extension of present non-agricultural use" further supporting the removal of these lands from contract in order to avoid discontiguous development. p. The cancellation is for an alternative use which is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-1528, q. The general plan provides policies that promote compact growth, avoid allowing development to leap-frog over parcels of land, and promote concentric growth. New residential, commercial, and mixed-use developments are proposed or underway in the project vicinity. Further, those parcels, both in and out of contract, that were unable to be aCQuired by the project proponent in order to avoid any possible "leap-frog" development were indicated by the land owners to be either already dedicated for or will be sold for other types of development or were unavailable for purchase by the project applicant. Therefore, it is not believed that the proposed Project would ultimately result in discontinuous development pattems. Further, since the project is bordered on three sides (i.e. Flying Seven and Annexation No. 518 to the west, T6320, 6349, 6328, 6104, 6329, 6169, & 5840 to the north, 4 ",<6M/":9 () ~ "- - I- m _ r- o C> ORIGiNAL and GPAlZC 04-0057, 04-1012, and 04-1334 to the east) by current and/or future development on lands not within the Williamson Act, non-development of the subject parcel could lead to land use conflicts and the isolation of the subject parcels. r. Due to the size and nature of the proposed development, any areas large enough to accommodate such a master planned community were not available within the current developed area and/or the SOl (infill). Further, any areas of suitable size and containing no contracted land are located further from developed areas than the proposed site and would create leap- frog development patterns directly in contrast with the goals of the MBGP. Therefore, no practical, alternative, non-contracted land was identified that would provide a more contiguous development pattern than the current proposed site, Further, only approximately 316 acres (17%) of the total project acreage of 1,833 acres is contracted under the Williamson Act and proposed for early termination. Therefore, this project can be implemented at the proposed location and only affect a small amount of contracted land whereas the development of a project of this size somewhere else within or outside the SOl could potentially remove or attempt to remove larger amounts of contracted lands, s. Recognizing that Bakersfield is the county seat of one of the most productive agricultural counties in the nation, there is no argument that the public as a whole has an interest in the maintenance and preservation of agricultural land. Bakersfield's economy is and will continue to be tied to agriculture. The question then is whether there are other concerns regarding the cancellation request that substantially outweigh the concern over protection of agricultural land. As previously mentioned above, the MBGP seeks to protect agricultural land; however, it recognizes that the City will continue to grow at a strong pace. To balance these two interests, the MBGP contains objectives and policies that support a growth pattern that is efficient, orderly, contiguous, and peripheral. These policies, when implemented through the careful placement of urban boundaries (i.e. SOl), provide land inside the boundary for growth while protecting land outside the boundary from premature conversion to urban uses (MBGP Page 11-5). In this instance, the property is within the SOL The lands proposed to be removed from contract are proposed on lands that are a "gradual outward extension of present non- agricultural use (MBGP, V-11)" further supporting the removal of these lands from contract in order to avoid discontiguous development. Therefore, the development of this parcel will contribute to contiguous, orderly development as identified in the MBGP, The project will contain residential areas ranging from single-family homes to multi-family homes, allowing for a range of housing alternatives for people of various economic statuses, which is an ever growing need in such a rapidly growing city. Further, the incorporation of commercial and retail development would provide jobs and easily accessible commercial uses which will help support the various income households housed there. Finally, the project will provide for school sites, parks, recreational areas, trails, and needed infrastructure and public services for the surrounding areas, which will not only benefit those living within the new project boundaries, but the community as a whole. 5 Ý '6AH¡::Y c:: ~, >- m I- r- é Ç) ORIGINAL ~. I. Pursuant to Section 51283 of the Government Code, the recordation of a subdivision map creating parcels less than twenty acres in size or the issuance of a building permit for any urban or non-agricultural uses is conditioned upon the applicant/developer providing proof to the City of Bakersfield that the required Williamson Act Land Use Contract cancellation fee, as calculated by the Kern County Assessor's Office, has been paid to the Kern County Treasurer. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Environmental Impact Report for General Plan Amendment/Zone Change No. 03-1528 and for the Williamson Act Land Use Contract Tentative Cancellation is hereby approved and adopted. 3. 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. 4. That the City Council has, pursuant to Section 51282 of the Government Code, made the required findings to tentatively approve the cancellation of the Williamson Act Land Use Contract. 5. The Williamson Act Land Use Contract cancellation and exclusion of the project site from Kern County Agricultural Preserve No. 10 will occur when said property is annexed to the City of Bakersfield. If the property is not annexed, then the Contract shall not be canceled. 6. The City Council hereby tentatively approves and adopts cancellation of the Williamson Act Land Use Contract on 316.5 acres generally located within the area bounded by Buena Vista Road to the west, Taft Highway to the south, Old River Road to the east, and the unnamed future collector midway between McCutchen Road and Panama Lane to the north as shown on the map marked Exhibit "B" and exclusion of the subject property from Kern County Agricultural Preserve No. 10, subject to prior approval for the project of General Plan AmendmentlZone Change No. 03-1528 and subjectto the mitigation and conditions of approval listed in Exhibit "A", 7. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare an Environmental Impact Report for this project. ---------()()()-------- 6 "Þ.I\(..o C~ '~ >- - >- m r- <) Ö ORIGiNAl 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 NOV 1 II 7nnr; by the following vote: <: AYE,s) NOES: ABSTAIN: ABSENT: ,/ v L/ ~ L-- v/ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER NOV 1 6 2D0!5 HARVEY L. ALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY~1YL ~ ~'~A iì.m[~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield Exhibit A - Mitigation/Conditions of Approval B - Williamson Act Land Use Contract Cancellation Map PH - S:\GPA 3rd 2005\03-1528 Old River EIRIResolutions\CC WA.doc 7 ~.,r)/.( I:'- ,<" ,,'{> i" ._'.p ,,-,' '>(\ >- I- g" Õ () 0P!f';INAI' EXHIBIT A MITIGATION / CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT / ZONE CHANGE 03-1528 MITIGATION MEASURES: Aesthetics 1. During the installation of lighting standards, luminaries shall be provided with filtering louvers and hoods to minimize spill light to adjacent properties. Aariculture 2. Upon cancellation of the Williamson Act contracts, the applicant shall pay a fee of 12.5% of the full-assessed value of the parcels for cancellation of Williamson Act contracts. This fee, when collected, shall be transmitted by the County Treasurer to the State Controller. 3. Prior to occupancy of any residential units, if any adjoining properties are still in agricultural use and have not received entitlements for development, then prior to issuance of certificates of use and occupancy, the applicant will demonstrate that future residents will be informed about adjacent agricultural use. This demonstration shall take the form of a covenant filed on the project site (which would be disclosed to future residents through the purchase process). The covenant will provide that each resident acknowledges that he/she is moving into an area where there is active agriculture, and understands that such agricultural use, including all activities necessary to support agriculture-such as pesticide use, dust generated by plowing, and slow-moving agricultural vehicles-will continue. Air Qualitv 4. The project applicant shall comply with SJVAPCD Regulation VIII and implement additional construction vehicle emissions reduction measures, To control the generation of construction-related PM10 fugitive dust and exhaust emissions, the project applicant shall comply with SJVAPCD Regulation VIII and the measures summarized below. SJVAPCD Regulation VIII Control Measures for Construction Emissions of PM- 10: . All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust X 9""'k(,, () "v- >. >1"' \-- m - r- o CJ (!RIGI~JA! Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 emissions using water, chemical stabilizerlsuppressant, covered with a tarp or other suitable cover or vegetative ground cover. · All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizerlsuppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking, · With the demolition of buildings up to 6 stories in height, all exterior surfaces of the building shall be wetted during demolition. · When materials are transported off site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least 6 inches of freeboard space from the top of the container shall be maintained. · All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions, Use of blower devices is expressly forbidden.) · Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. Page 2 of 24 ~, \:,Î'Kf0' () '-\;, >- (To t- o C) ORIGiNAl '::: S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A,doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 SJV APCD Control Measures for Construction Equipment Exhaust Emissions: · Use alternatively fueled or catalyst-equipped diesel construction equipment. · Minimize idling time (e.g., 10 minute maximum). · Limit the hours of operation of heavy-duty equipment and/or the amount of equipment in use. · Replace fossil-fueled equipment with electrically driven equivalents. · Curtail construction during periods of high ambient pollutant concentrations; limiting construction may include ceasing of construction activity during the peak hour of vehicular traffic on adjacent roadways. · Implement activity management (e.g., rescheduling activities to reduce short- term impacts). · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Encourage ride sharing and use of transit transportation for construction employee commuting to project sites. 5, The URBEMIS2002 model identifies several measures that can be used to minimize emissions associated with residential projects. These measures that are included as part of operations of the proposed project include: · Increase energy efficiency measures in all buildings to ensure that they are 10% more efficient that the energy requirements established by California Title 24. · Ensure that 50% of all landscape maintenance equipment used in commercial applications is electrically powered. 6. Prior to the issuance of the first building permit, the project applicant shall enter into an agreement with the SJVAPCD for the mitigation of NOx, ROG, and PM10 such that the net increase in regional emissions of these pollutants will be zero. Page 3 of 24 '';' 1\ It "- ~ \.).""/:,'9. Q '(p "~ >- -~ \- IT Q r; ORIG'~I^I- S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 This agreement may include, but is not limited to, the payment of fees to the district, for the purpose of offsetting project emissions. Examples of such a program would be the purchase of new diesel engines for heavy-duty trucks and agricultural equipment, retrofitting diesel engines with controls (e.g., oxidation catalyst, diesel particulate filter), and conversion of city-owned vehicles from gasoline and diesel to compressed natural gas engines. This emissions offset program would be coordinated with and approved by the SJVAPCD and based on estimates of achievable emissions reductions. This offset program would reduce emissions in sufficient quantities such that the net increase in regional emissions would be zero. With implementation of this mitigation, the impact would be reduced to no impact. 7. The project applicant shall enter into an agreement with the SJVAPCD in which the applicant will pay a fee to the SJVAPCD to be used to offset the project's average annual construction emissions. The emissions to be offset include 15.5 tons per year ROG, 25.5 tons per year NOx, and 10,2 tons per year PM10, Implementation of this condition will reduce construction air pollutant impacts to zero. 8. Require that, prior to the sale of all new residential units, that prospective buyers be notified of potential dairy odors. Prospective buyers should be required to sign a statement acknowledging that they are aware of the potential for odors from nearby dairies, and the disclosure shall be included in covenants for new development within the site. Bioloaical Resources 9. The San Joaquin kit fox is a covered species within the MBHCP. The payment of development impact fees is considered adequate mitigation under the MBHCP to minimize impacts to sensitive species. Upon application and approval of future tract map phases within the proposed project area, the applicant shall pay the required mitigation fee or fees. Upon the payment of this fee and receipt of City project approval, a development applicant would become a sub-permittee and would be allowed the "incidental take" of the species in accordance with state and federal endangered species laws and mitigation requirements of all parties, state, federal, and local (MBHCP). Payment to the plan would reduce impacts to less-than-significant levels. 10. To avoid impacts to nesting birds, including the Swainson's hawk, no ground disturbance, site clearing, or removal of any potential nesting habitat shall be Page 4 of 24 'i)êKf:".ý ~ ,p v '" >- -- t::: g: ù c> ORIG'NAL S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 conducted within the typical breeding/nesting season for birds (February 15 to August 30); or, Prior to any ground-disturbing activities, a qualified biologist shall conduct surveys for nesting birds, including raptors. The surveys shall occur at a minimum of 3 days prior to the clearing, removal, or trimming of any vegetation. Surveys shall include areas within 200 feet of the edge of the project boundary and the entire project site. If active nests are found, a 50-foot (minimum) fence barrier shall be erected around the nest site. A 200-foot barrier shall be required for any raptor-nesting site. No habitat removal or any other work shall be allowed to occur within the fenced nest zone until a qualified biologist confirms that the young have fledged and have left the nest. 11. Prior to ground-disturbing activities, a qualified biologist shall conduct surveys for burrowing owls in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 1995) and the California Burrowing Owl Consortium guidelines, The survey will be conducted over the entire site and, where possible, 150 feet around the project site. If no burrows or burrowing owls are identified, then no further action is required, If burrows or burrowing owls are identified, then the following mitigation should be implemented. If possible, when burrowing owls are detected during the breeding season, impact should be avoided. A no-disturbance buffer zone should be delineated in a 75-meter radius around the occupied burrow. No ground disturbance would be permitted in the no-disturbance buffer zone until a qualified biologist has determined that the young have fledged. Cultural Resources 12. Prior to tentative tract map approval for affected parcels, a qualified archaeologist shall be retained by the developer to perform a subsurface test-level investigation for the identified sites, and surface collection as appropriate. The test-level report evaluating the site shall include a discussion of significance (i.e., depth, nature, condition, and extent of resources), final mitigation recommendations, and cost estimates. Any resource identified shall be recorded, excavated, and curated, as appropriate. Prior to the issuance of a grading permit and based on the report recommendations, final mitigation shall be carried out. Page 5 of 24 \()P'~f.-9 è;- ·tP "1' ,).. ~:: ,n r-- .) D ORII"~IAI S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A,doc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 13. If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics, building foundations, or non-human bone are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Sites discovered having relevance to Native Americans shall be made known to the appropriate individuals/agencies/groups as determined by the archaeologist in consultation with the Lead Agency. If archaeological sites are discovered on site during construction, and an archaeologist is contacted to determine the significance of the find, the developer shall provide written evidence to the City Planning Department that a qualified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. 14, Prior to final tentative tract rnap approval for affected parcels (parcels adjacent to the A.T. & S.F. rail line), a qualified architectural historian/historian/historical archaeologist shall be retained by the developer to conduct an evaluation of line for eligibility to federal, state, and local historical registers as an individual resource and/or a component of the rural historic landscape. 15. If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics, building foundations, or non-human bone are inadvertently discovered during ground-disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures, Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. Sites discovered having relevance to Native Americans shall be made known to the appropriate individuals/agencies/groups as determined by the archaeologist in consultation with the Lead Agency. Page 6 of 24 'ò~K!,:", ,~" J' IV -1"' >-. rr I- ,- Õ í: !)RIGI!\jA\ S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 If archaeological sites are discovered on site during construction, and an archaeologist is contacted to determine the significance of the find, the developer shall provide written evidence to the City Planning Department that a qualified archaeologist has been retained, shall be present at the pre-grading conference, shall establish procedures for archaeological resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate, 16. If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (Pub, Res. Code Sec. 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: . the coroner of Kern County has been informed and has determined that no investigation of the cause of death is required, and . if the remains are of Native American origin, a. the Native American Heritage Commission was unable to identify a descendant or the descendant failed to make a recommendation within 24 hours after being notified by the commission, or b, the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052), Section 7050.5 requires that construction or excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are those of a Native American, If the remains are determined to be Native American, the coroner must contact the California Native American Heritage Commission. Page 7 of 24 , ,<>"-KiÔr-, ~ 'TÚ) '- -<, >- - \-_ rn _ r- (~) c::- 'ìRIf>'NAI S:\GPA 3rd 2005\03-1528 Old River EIR\Condítlons Ex A doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 Hazards and Hazardous Materials 17, Asbestos-ContaininQ BuildinQ Materials (ACBMs): Prior to tentative tract map and grading approvals, all areas containing structures that have the potential to contain ACBMs shall be inspected and evaluated by an asbestos specialist to determine the potential to contain such materials. These include structures built before the 1970s, as well as debris piles containing remnant concrete irrigation pipe. All materials determined to contain asbestos or have a high likelihood to contain asbestos shall be abated and shall be disposed of at an appropriate hazardous materials disposal site by a qualified hazardous materials specialist. 18. Tanks. Drums, and Associated Soil Contaminants: Prior to issuance of grading permits for the each subsequent development phase within Project Areas 1, 2, 3, or 4 (as delineated in the Hazards and Hazardous Materials section of the PEIR for GPAlZC 03-1528), soil sampling and analyses shall be conducted in the vicinity of aboveground and underground storage tanks, particularly the three 1,OOO-gallon and one 10,000-gallon diesel fuel. ASTs associated with three existing water wells on site. Such testing also shall occur at selected locations in the equipment storage/maintenance yard to define the vertical extent of diesel fuel contamination. Should the analysis of stained soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 19. Soil SamplinQ and Remediation at Equipment StoraQe/Maintenance Yard: Prior to issuance of grading permits for the subject areas, soil sampling and analyses at selected locations in the equipment storage/maintenance yard shall be completed to define the vertical extent of diesel fuel contamination, Should the analysis of stained soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed andlor remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 20, Remove Diesel-Impacted Soil Near Soil BorinQ 5: Prior to issuance of grading permits for the area near Soil Boring 5, located on the south side of the fenced equipment storage and maintenance yard, approximately 150 feet west of Buena Vista Road (associated with the 1,OOO-gallon diesel AST serving an irrigation well), the contaminated soil shall be removed. A backhoe or excavator shall Page 8 of 24 '< 'óÞ-.K.t:'i () ú' >- """ >- (T¡ o ¡; 0RIG'NAI $:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 remove the diesel-impacted soil at the location due to the unknown depth of the contamination. The walls and floor of the excavation shall be sampled when the diesel-impacted soil appears to be removed based on visual observation. Samples shall be sent to a state-certified laboratory for analysis, Contaminated soil shall be stockpiled or containerized in 55-gallon sealed drums and labeled as to the contents and disposed of according to State and local guidelines. Following remediation, the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 21. Conduct Soil Samplinq and Remediate Near Aaricultural Water Well: Prior to issuance of grading permits for the proposed project, soil sampling and analyses shall be conducted in the vicinity of the 1,OOO-gallon diesel fuel AST associated with an agricultural water well located in the northeastern portion of the subject site to define the vertical extent of diesel fuel contamination. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed andlor remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 22. Remove Oily Waste Drums and Containers: Prior to site development, the two full/partially full 55-gallon drums and one 5-gallon container of oily waste located northwest of the barn shall be removed from the subject site by a licensed contractor and properly disposed of off site. 23, Sample/Analyze and RemovelRemediate Soil Near Abovearound Tanks in Central Storaae Yard: Prior to issuance of grading permits, soil samples shall be collected from under the 550-gallon AST and 1,000 gallon diesel AST within the southeastern portion of the storage yard in the central portion of the site. These samples shall be analyzed to determine the presence or absence of concentrations of petroleum fuel constituents. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 24. SamDle/Analvze and Remove/Remediate Soil Near 1.000-Gallon Low Sulfur Dyed Diesel Tank: Prior to issuance of grading permits, soil sampling and analyses shall be conducted beneath the 1,000-gallon AST labeled "low sulfur Page 9 of 24 X 'ô"K¡;:~ (ì % >- ,'_ rr! :) !; ,î·t:!'r.!/l.I.ðJ S:\GPA 3rd 2005\03-1528 Old River EIR\Condirions Ex A,doc . - -.--.--- ---......-.....--- Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 dyed diesel" on the unpaved ground surface in the central portion of the subject site to assess the extent and concentrations of diesel fuel impacts. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed andlor remediated according to state and local guidelines, and the site shall be properly closed according to the Central Valley RWQCB requirements prior to site development. 25. Sample/Analvze and Remove/Remediate Stained Soils: Prior to issuance of grading permits, soil samples shall be collected and analyzed at two areas of stained soil in the northwestern and central portions of the site to assess the extent and concentrations of subsurface impacts by related constituents of concern. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed andlor remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 26. Secondary Containment Structures Beneath All Aboveqround Tanks: For all ASTs that do not contain secondary containment structures, secondary containment shall be placed beneath all onsite ASTs until the removal of the AST occurs for the redevelopment of the subject site, in order to minimize potential unauthorized releases of hazardous materials from potentially impacting the site. 27. Assess and RemovelRemediate Near Metal Pipe: Prior to issuance of grading permits, the approximately 3-inch diameter metal pipe that is protruding from the ground in the northeastern portion of the subject site shall be assessed with a backhoe to determine evidence of subsurface soil impacts by gasoline fuel constituents. Following the subsurface excavation, if soil sampling and analysis is necessary to further assess the concentration and extent of potential impacts, soil samples shall be collected and analyzed to determine the extent and concentrations of subsurface impacts by related constituents of concern. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soii shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 28. Remove Waste Oil Drum: Prior to grading of the site, the existing 55-gallon drum of waste oil located in the northern portion of the site adjacent to the onsite Page 10 of 24 '< ",~Kf:?> C) (~ :>--- n' r- -.ì t;) '''r'lr!/I.t..~.1 S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 agricultural water well shall be transported off site for proper disposal by a licensed contractor as soon as possible so that the potential threat of a release to the site is minimized. 29. Sample/Analvze and Remove/Remediate Soil Near Abovearound Tanks at the Gosford-Coulter Tank Farm: Prior to issuance of grading permits, soil samples shall be collected from beneath the three onsite ASTs without secondary containment features at the Gosford-Coulter Tank Farm facility in the central portion of the subject site. The soil samples should be analyzed to determine the presence or absence of concentrations of total recoverable petroleum hydrocarbons, solvents, and hazardous constituents of antifreeze. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required, However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 30. Sample/Analvze and RemovelRemediate Soil Near Abovearound Drums: Prior to issuance of grading permits, soil samples shall be collected and analyzed in the location beneath the onsite, stand-mounted, 55-gallon drum labeled as lube oil and the steel-rack-mounted 55-gallon drum labeled as gear oil at the tank farm facility to determine the presence or absence of concentrations of petroleum hydrocarbons. Should the analysis of impacted soils reveal that contamination is below toxic limits, no further action would be required, However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. 31. Sample/Analvze and Remove/Remediate Soil Near Abovearound Crude Oil Tanks: Prior to issuance of grading permits, soil sampling and analysis shall be conducted for the locations of the four former crude-oil ASTs in the east-central portion of the tank farm facility to determine the extent of crude-oil impacts and to determine the presence or absence of concentrations of petroleum fuel constituents. Should the soil analysis reveal that contamination is below toxic limits, no further action would be required. However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to site development. Page 11 of 24 'ò"KE,,, '< 'Ó' () ,·1:'1 >- ~ m I- r Q C> ORIGiNAL S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A,doc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 32. Abandon/Close/Destrov Water Wells: Prior to issuance of any grading permits, all existing water wells shall be properly abandoned/closed and/or destroyed in accordance with state and local guidelines and shall be evaluated and verified by the Water Section of the Kern County Certified Unified Protection Agency. 33, Evaluate and Abandon Former Oil Wells, and Properlv Close. Clean, and Re- Abandon. as Necessarv: Prior to issuance of grading permits, inactive or previously abandoned oil wells in the proposed project area defined by the corresponding set of tract map(s) shall be evaluated to ensure that the existing abandonment conditions meet or exceed current DOGGR standards. If not, they shall be properly closed, cleaned, and abandoned or re-abandoned in accordance with all applicable state and local guidelines prior to any ground disturbing activities, All existing inactive oil wells, abandoned oil wells, or shut-in oil wells shall be required to implement a closure plan to render all wells inert and to conform to DOGGR oil well abandonment or re-abandonment procedures. The applicant shall be required to file a Notice of Intent to Abandon Well form with DOGGR. The notice shall include all required abandonment procedures on a well-by-well basis in accordance with Article 14, Chapter 3, Sections 1723 through 1723.9 of the CCR. Abandonment of wells shall be performed and verified to the satisfaction of DOGGR. 34. Test and Remove/Remediate Soil Near Buried Oil Wells: At the time grading operations proceed, an excavator shall be used to remove soil overlying and surrounding each of the buried abandoned oil wells that were discovered on site at their staked locations. When safe access has been provided at each location, each well shall be tested for methane emissions. This testing will verify the integrities of the abandonment plugs. Once the wells have been exposed, further geophysical testing may continue in order to locate, insofar as possible, the mud pits andlor production sumps associated with the wells. These pits and sumps might be expected to be located within a 75-foot radius of each well. Once the pits and sumps are located, analytical samples shall be collected in order to determine their contents. Upon analysis of the collected samples, a determination shall be made regarding subsequent remedial actions. Prior to commencement of any construction activity in these areas, final confirmation and a closure statement shall be obtained by the City of Bakersfield Fire Department ESD. If the City of Bakersfield Fire Department ESD is not satisfied that all potentially hazardous materials have been removed to acceptable concentrations, a remedial action plan shall be developed and implemented to the division's satisfaction. Page 12 of 24 " 1O¡'kl;~ (j <¿;, >-.. - \- m _ r- () t) ORIG'NAl S:\GPA 3rd 2005\03·1528 Old River EIR\Conditions Ex A doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 35, Fence All Oil Wells: Prior to occupancy of any residence within the project area, each area containing (an) oil well(s) (either active, abandoned, or shut-in) shall be made inaccessible with chain-linked fence until such time that they have been closed and abandoned to the satisfaction of DOGGR. 36, Evaluate and RemovelRemediate Oil Mud Pits: Prior to the approval of final tentative tract maps and grading plans, all areas surrounding former or current oils wells that contain oil mud pits or residues thereof shall be evaluated through subsequent sampling and testing to determine their characteristics and vertical and lateral extent. All areas contain drilling muds and such residues shall be excavated, and the removed soils shall be disposed of at an appropriate hazardous materials disposal site according to state and local guidelines. All work shall be completed to the satisfaction of the DTSC and DOGGR. 37. Remove Oil and Gas Pipelines and Associated Contaminated Soils: Prior to the approval of grading permits, all abandoned oil and gas pipelines shall be removed, and the soil conditions shall be monitored by a qualified hazardous materials specialist. If soil staining is evident, removal actions shall cease in the vicinity until the nature of the stain is determined. All areas containing petroleum- stained soils shall be excavated, and the removed soils shall be disposed of at an appropriate hazardous materials disposal site according to state and local guidelines to the satisfaction of DTSC and DOGGR. 38, Test and Remove/Remediate Petroleum-Stained Soils: Prior to final tentative tract map and grading approvals, all areas in the project boundaries showing evidence of petroleum-stained soils shall be evaluated through subsequent testing to determine the vertical and lateral extent of any such spill. All areas contain spilled oil or other petroleum products shall be excavated, and the removed soils shall be disposed of at an appropriate hazardous materials disposal site according to state and local guidelines. All work shall be completed to the satisfaction of the DTSC, 39, Remove Potential PCB-Containina Transformers: Prior to the approval of grading permits, power poles containing transformers suspected of containing PCBs shall be removed by a qualified hazardous materials specialist as coordinated by PG&E to the satisfaction of the City of Bakersfield Fire Department ESD, These items shall be disposed of at an appropriate hazardous materials disposal site to t'1e satisfaction of DTSC. Page 13 of 24 <¡,Mt<", c$~J) _').~ -1' fP o r; ORIG'N~I S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A,doc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 40, Delineate and RemovelRemediate Soil with PCB Content: Prior to the approval of grading permits, the location of the former transformer fire and subsequent release of PCBs in 1990 near the intersection of Buena Vista and McCutchen Roads shall be completely delineated and remediated as necessary. Soil samples shall be collected from the northeastern corner of the subject site and analyzed for PCB content. Should the soil analysis reveal that the soils are clean, then no further action would be warranted. However, if remediation is recommended, then the contaminated soil shall be removed and/or remediated according to state and local guidelines, and the site shall be properly closed according to Central Valley RWQCB requirements prior to development of the site, 41. Remove/Abandon/Close Septic Tanks: Prior to the approval of final tentative tract rnaps and grading approval, all septic tanks shall be removed/abandoned/closed in accordance with applicable state and local guidelines. HvdroloQv and Water Quality 42. Prior to final approval of tentative tract maps and authorization of grading plans, a SWPPP shall be prepared by the project contractors and be made available to the City Engineer for inspection and comment. The SWPPP shall identify erosion minimization and control provisions, pollution detection provisions, and pollution elimination/minimization provisions. The SWPPP shall include best available technology, engineering, and design solutions such as the use of silt screens, hay bales, modern trash screens, energy dissipaters, andlor absorbent devices, Stormwater runoff water quality monitoring procedures shall be clearly detailed in the SWPPP, Land Use and Planning 43. Refer to Biological Resources condition #9 regarding payment of the Metropolitan Bakersfield Habitat Conservation Plan development impact fee. Noise 44. Construction activity located within 1,000 feet of residences shall be limited to the hours between the hours of 6 a.m. and 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends. Page 14 of 24 ~"Kf'5i J .~ "- I- rr, Õ f; ORIG'NAI S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A doc Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 45. Outdoor activity areas of residential areas shall be designed such that noise from traffic does not exceed 65 dB CNEL The project applicant for each tract map shall retain a qualified acoustical consultant to design treatments for residences located adjacent to roadways in and around the proposed project area such that exterior noise levels under 2030-with-project conditions does not exceed 65 dB CNEL at outdoor activity areas. Treatments may include methods such as construction of a soundwall or earth berm between the new residences and the roadway or placement of building structures between roadway and outdoor activity areas. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of project buildings will reflect the approved report. 46. Interior areas of residential units shall be designed such that noise from traffic does not exceed 45 dB CNEL. The project applicant shall retain a qualified acoustical consultant to ensure that interior noise levels at residences does not exceed 45 dB Ldn under 2020 with-project traffic conditions. If treatments are necessary, treatments may include installing acoustically rated doors and windows, and blocking sound transmission paths through vents or other openings in the building shell. The acoustical consultant will prepare and submit to the City a report detailing compliance with the interior noise performance standard or, if necessary, the acoustical treatments to be applied to the building for compliance with the interior noise performance standard. The report must be reviewed and approved by the City before a building permit is issued, 47. Commercial and industrial uses shall be designed such that noise from operations does not exceed City noise standards for non-transportation sources, The project applicant shall retain a qualified acoustical consultant to design treatments for commercial and industrial uses such that residences located adjacent to these uses will not be exposed to noise exceeding City standards for non-transportation uses. Treatments may include methods such as: · limits on hours of operations · use of enclosures or localized barriers around equipment noise sources · placement of barriers between the residences and commercial and industrial uses Page 15 of 24 'úMf;; ¿< u.:, >- ñi 'r::. t- o t) ORIr:'~IAI S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc ,......-..-..,.-.,..--"- '..'_._--- ,.-,-------.------ Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 · use of mufflers on equipment exhaust The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard. The report must be reviewed and approved by the City before a building permit will be issued. The design of commercial and industrial uses will reflect the approved report. 48. Residential uses shall be designed such that noise from oil well operations does not exceed City noise standards for non-transportation sources at residences on the project site. The project applicant shall retain a qualified acoustical consultant to design treatments for the oil wells or the residences such that residences located adjacent to oil wells would not be exposed to noise exceeding City standards for non-transportation uses. Treatments may include methods such as: · conversion of oil well diesel motors to electric motors, · limiting hours of oil well operation, · use of enclosures or localized barriers around the oil wells, and · placement of barriers between the residences and oil wells. The acoustical consultant will prepare and submit to the City a report detailing the acoustical treatments to be used for compliance with this performance standard for each tract map. The report must be reviewed and approved by the City before a building permit will be issued. The design of residential uses will reflect the approved report. Public Services and Utilities 49. Prior to the issuance of any building permit, developers within the proposed project site shall submit to the City for review and approval a plan to separate recyclable/reusable constructior. debris. The plan shall include the method the contractor will use to haul recyclable materials and shall include the method of and location of materials disposal. The builders shall be responsible for hauling their own construction debris to the Mount Vernon Facility or entering into a contract with a licensed hauler for disposal of construction debris, Page 16 of 24 'óM~1> éf- <¿;, ).. - r- ,f!' Õ c> O¡¡I(;!~JA' S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 Recreation 50, Prior to approval of each Tentative Tract or Vesting Tentative Tract, the applicant shall provide public parks, as deemed necessary by the city, in conformance with Title 15.80 of the Bakersfield Municipal Code. In the event a city wide master trails plan is adopted prior to approval of each Tentative Tract or Vesting Tentative Tract that reduces the public park requirement, the adopted ratio will be used to calculate the public park requirement. Proposed greenbelts and private recreational facilities shall be maintained by the homeowners association. TransDortation/Traffic 51. Prior to approval of improvement plans for any portion of the proposed project, the project applicant shall develop and implement a Traffic Control Plan. The Traffic Control Plan shall be implemented throughout the course of project construction, and shall include the following elements: · Contain a plan for communicating construction plans with transit providers, emergency service providers, residences, and businesses located in the project vicinity, and anyone else who may be affected by project construction. · Identify roadway segments or intersections that are at or approaching level of service that exceeds local standards, and provide for construction-generated traffic to avoid these locations at the peak periods, either by traveling different routes or by traveling at non-peak times of day. · Contain an access and circulation plan for use by emergency vehicles when lane closures and/or detours are in effect; if lane closures occur, provide advance notice to local fire and police departments to ensure that alternative evacuation and emergency routes are designed to maintain response times. · Maintain access to existing residences in the area at all times. · Provide for adequate parking for construction trucks and equipment within the designated staging areas throughout the construction period. · Provide adequate parking for construction workers within the designated staging areas. Page 17 of 24 û.~,K".() «. " .'" () t~, :>- iT:; I- r· Õ D ORIGI~J~! S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc . .~,_._-- ~--, Exhibit A Mitigation I Conditions of Approval GPAlZC 03-1528 · Restrict delivery of construction materials to between the hours of 9:00 a.m. and 3:00 p.m. to avoid more congested morning and evening hours. · Require traffic controls on roadways adjacent to the proposed project, including flag persons wearing bright orange or red vests and using a "Stop/Slow" paddle to control oncoming traffic; construction warning signs should be posted in accordance with local standards or those set forth in the Manual on Uniform Traffic Control Devices (FHWA, latest edition), in advance of the construction area and at any intersection that provides access to the construction area. · Require that written notification be provided to contractors regarding appropriate routes to and from the construction site, and the weight and speed limits on local roads used to access the construction site. · Specify that a sign be posted at all active construction areas giving the name and telephone number or email address of the City staff person designated to receive complaints regarding construction traffic. 52a. Prior to approval of each Tentative Tract, Vesting Tentative Tract, or Parcel Map (except Parcel Maps for financing or conveyancing purposes only that require further subdivision prior to development) for residential projects and PCD or Site Plan applications for other uses, the map or project applicant shall confirm the specific traffic circulation improvements that will be implemented with that tentative map, PCD or Site Plan as identified in the Traffic Impact Study (Ruettgers & Schuler 2005) to 1) Provide the traffic circulation improvements necessary to serve the immediate map area; and 2) Maintain the City's adopted minimum level of service standard (currently LOS C) on the roadway network that will be impacted by the project traffic, or, for those eight (8) intersections and seven (7) roadway segments that cannot be improved to the minimum level-of-service standard or better, with or without the project, to provide the project 'Fair-share contribution to the improvements Note 1 The necessary improvements are identified in Tables 30- 16 and 30-17 of the PEIR for GPAlZC 03-1528. Page 18 of 24 «. 'f.¡Þ,!\f" .:)'% >. m r- ) 0 ,'JRi(,'NAL S:\GPA 3rd 2005\03-1528 Old River EIR'.conditions Ex Adoc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 Note 1: The fair-share improvements for the 8 intersections and 7 roadway segments that cannot be improved to the minimum level of service standards shall include acceptable engineering solutions, approved by the City Engineer, to provide improvements beyond standard. Said improvements could include but not be limited to, a super-arterial concept greater than 6-lanes, higher capacity limited access facilities, non-standard high-capacity intersection designs and contributions toward the capacity relieving beltway system, 52b. To demonstrate that appropriate mitigation is being provided with each Final Map (except Parcel Maps for financing or conveyancing purposes only that require further subdivision prior to development), the process will be as follows: · The applicant will provide confirmation of the traffic analysis (based upon updated data at the time, where applicable in consultation with the City Engineer) for each tentative map, PCD or Site Plan based on current information on the status of RTlF and local improvements at the time of approval processes for each tentative map, PCD, or Site Plan Review. · The applicant and the City will identify the incremental improvements applicable to the tentative map, PCD, or Site Plan to be implemented through one or more of the following methods: o Build the improvements (if all necessary rights-of-way are available) and, if applicable, receive reimbursement credits for any percentage share not attributable to impacts caused by traffic generated from the map, PCD, or Site Plan. o Pay the City per unit mitigation fee. o In the event all necessary rights-of-way are not available at the time the applicant confirms the specific traffic circulation improvements to be implemented, the applicant shall pay the City the per unit mitigation fee in lieu of constructing the improvements for those portions where rights-of- way are not available. · The project applicant and the City will verify the timing of the improvements to be constructed by the applicant for recordation of each Map, PCD or Site Plan, and shall establish the threshold at which the improvements shall be constructed. The threshold shall depend on the particular improvement, the project fair-share contribution to the improvement and the nature of the particular Map/PCD/Site Plan, and may be tied to the number of lots within the Map area that may be recorded as part of a Final Map or Partial Final Page 19 of 24 ý 'òAK{û cy 7<.1) >- '" f- m _ r- C Ö ORIG'NAL $:\GPA 3rd 2005\03-1528 Old River Elq\Conditions Ex Adoc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 Map, 52c. For those improvements to be constructed by the City using mitigation fees paid by the project applicant and other sources of financing, the applicant's obligation will be satisfied by payment of the fees. 53. Prior to approval of tentative tract maps for subsequent phases of the proposed project, construction plans shall be approved by the Fire Marshall or appropriate representative to ensure that all fire code requirements are incorporated into the proposed project design. All development within the proposed project area shall conform to codes and access requirements established by the Uniform Fire Code and City of Bakersfield Municipal Code Sections 15.64.010 to 15.64.480. 54. During design of tentative tract maps for subsequent phases of the proposed project, adequate parking shall be provided in accordance with City of Bakersfield Municipal Code standards. Construction plans shall be reviewed and verified by the Planning Department that the project components provide appropriate parking to minirnize offsite parking impacts or neighborhood intrusion. CONDITIONS OF APPROVAL: Public Works Conditions 55, Prior to approvai of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a, Provide fully executed dedication for Allen Road, Panama Lane, McCutchen Road, Buena Vista Road and Old River Road to arterial standards; and Mountain Vista Drive, Windermere Street, Berkshire Road and McKee Road to collector standards for the full frontage of the area within the GPA request. Also, provide dedication documents in a form acceptable to CalTrans for Taft Highway (The width of dedication required by CalTrans is different from that required by the City of Bakersfield; the applicant must verify their proposed section with CaITrans). Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. Because this GPAlZC Page 20 of 24 ,<\',M<"~ () <f> >~ ~ I- m l) r; ORIG!NAl S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 area is so large, the applicant can phase his dedications provided he presents a dedication phasing plan acceptable to the City Engineer. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump per 80 acres may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Sewer service must be provided to the GPAlZC area, The developer shall be responsible for the initial extension of the sewer line to serve the property. The developer shall submit for the City's review a comprehensive program to provide sewer service to the entire GPAlZC area. This plan may address the timing of development of various areas within the GPAlZC request and how sewer service will be extended to these areas. This sewer system must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 56. Developer shall pay median fees for Taft Highway and all arterials within the boundaries of the GPAlZC area. The payment of these fees may be phased to match the construction phasing of the project. 57. For orderly development and for improved circulation, the commercial frontages shall be constructed at the earliest opportunity. The Planning Commission shall have the authority to require full improvements in front of a commercial parcel with the development of an adjacent parcel. Full improvements shall include, but not be limited to, full paving, curb, gutter, and sidewalk, interconnect conduit, street lighting, storm drainage system, sewer mains and utilities. Inasmuch as commercial areas are usually located at intersections, said improvements may include the frontages of the intersecting streets. The Planning Commission shall also have the authority to require full improvements in front of an intervening "outparcel" if a gap is created between areas of full improvements along a road, (Added by the Planning Commission) 58. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up- front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Page 21 of 24 o."k' «:. uro. \(-.-9 C) ~p "- ~ I- rn _ c- o) C> ORiG'NAL $:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex Adoc Exhibit A Mitigation / Conditions of Approval GPNZC 03-1528 59. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all applicable fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. (Ordinance and Policy) 60. Pay the standard residential and commercial Regional Transportation Impact Fees as adopted at time of development. Fees shall be computed by special study in compliance with City policy, Said study shall be completed prior to recordation of the first map or approval of the first development. (Ordinance and Policy) Recreation and Parks Conditions 61. Prior to the approval of the first tentative subdivision map within the GPNZC area, a Master Parks and Trails Plan for the entire GPNZC area shall be approved by the Planning Commission following a public hearing. The owners of all properties affected by the proposed trail alignment within and east of the GPNZC area shall be provided notice of this public hearing. 62. Prior to submittal of any subdivision, owner shall enter into an agreement to pay a park development fee not to exceed $1,275 per unit to be used for the acquisition and development of an urban park. This fee is to be in addition to the current park development fees required by ordinance. Police and Fire Services Condition 63, Prior to submittal of any subdivision, owner shall enter into an agreement to pay a fee to provide for the purchase of equipment and apparatus required for police and fire services. Said fee will be imposed and collected at the time of issuance of a building permit in an amount not to exceed $234 per unit. Community Facilities District Condition 64. Prior to submittal of any subdivision, owner shall enter into an agreement to support the establishment of a Community Facilities District to include an assessment on all property covered by the proposed Old River Ranch Project. The intent of the district is to provide financing for the operation and maintenance Page 22 of 24 '" \\A~(9 () '<[;, "- - \- IT, _ t- o ö ORln'NAi S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 of public facilities and services for Police and Fire services required to support the project. Golden Empire Transit District Condition 65. Specific bus turnouts and shelters shall be located as necessary at appropriate locations to serve residential, commercial, and school sites within the project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the project area. (Added by the Planning Commission) Photovoltaic Systems Condition 66, Prior to issuance of the first single-family residential building permit, the developer shall demonstrate to the satisfaction of the Planning Department that photovoltaic systems will be offered to all single-family homebuyers as an optional feature. (Added by the Planning Commission) Street Liahtina Condition 67. Prior to recordation of final maps, the Public Works Department shall verify that all associated improvement plans specify that all street lights are to be zero cutoff fixtures. (Added by the Planning Commission) Williamson Act Contract Cancellation Fee 68. Prior to the recordation of a subdivision map creating parcels less than twenty acres in size or the issuance of a building permit for any urban or non-agricultural uses on Assessor Parcel Numbers 497-031-32, 497-031-37, 497-040-02, 497- 040-03, 497 -040-11, 497 -040-18, 497 -040-19, and 497-060-01, the applicant/developer shall provide proof to the City of Bakersfield Planning Department that the required Williamson Act Land Use Contract cancellation fee of $3,560,625, or as calculated by the Kern County Assessor's Office, has been paid to the Kern County Treasurer. -.... ~= , 'òi<^t5> c:)" 'ó' '1" fYi' /- t) V ORIC:'MAI Page 23 of 24 S:\GPA 3rd 2005\03-1528 Old River EIR\Conditions Ex A.doc Exhibit A Mitigation / Conditions of Approval GPAlZC 03-1528 City Attorney Condition 69. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, andlor property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim, The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Page 24 of 24 '< \)AKt~ C) d' "- -<' I- m Õ D ORr(;'NAI S:\GPA 3rd 2005\03-1528 Old River ¿IR\Conditions ExAdoc Exhibit B Williamson Act Land Use Contract Cancellation Map «.~M£~, o '" >- n I- r- Õ '-, ORIr,''''J~1 >,/-¥-.~ )"",, .'<. '~ ".w,,· t ..,B., .*- j I ¡ ~ -"'-t· -,¡§;-_. ¡1 ~ ®^" . } _w ~ _.,., , I ~,J I L: J @ ~"'''' _1f... ~ ~ ~ (!;"" o.'if. (l;- ~ ,..'Ii. 'g.., .¡¡ >,.' PROJECTþOUNOARY~ ,,~L., ,,g;.." ,,j~, Ä_~ ~'*" ~ - .~ ~t; i ~ Williamson Act Contracted Lands - Applied For Non-Renewal Q Source: Kohler personal communication, 05/05105 and OS/24105. m Jones & Stokes Williamson Act Contracted Lands¿<' 'ôM(~, Within Project Bounda~ J¡i ___ r- o C) ()Ri~'I\J(I.!