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Home My WebLink AboutRES NO 137-00RESOLUTION NO. 18 ? ' 0 0 RESOLUTION MAKING FINDINGS AND ADOPTING GENERAL PLAN AMENDMENT NO. P99-0647 OF PROPOSEDAMENDMENTTOTHE LAND USE ELEMENT AND CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. 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 2, 2000, and THURSDAY, OCTOBER 5, 2000, on General Plan Amendment No. P99- 0647 of a proposed amendment to the Land Use Element and Circulation Element of the General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such GPA P99-0647 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P99-0647: Mountain View Bravo, LLC and S & J Alfalfa have applied to amend the Land Use Element and the Circulation Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes as follows: Land Use Element Amendment - consisting of changes from MUC (Mixed Use Commercial), LR (Low Density Residential) and HR (High Density Residential) to GC (General Commercial) on 96.90 acres; and from MUC and LR to HR on 65.50 acres generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended); and Circulation Element Amend ment- an amendment establishing new arterial and collector street alignments within the development site generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended); and, WHEREAS, for the above-described project, an Initial Study and Notice of Preparation (NOP) were conducted and it was determined that the proposed project would have a significant effect on the environment and therefore, a Program Environmental Impact Report was required for the project and was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 95-00 on October 5, 2000, the Planning Commission recommended approval and adoption of General Plan Amendment No. P99-0647 subject to conditions, mitigation measures listed in Exhibit "A" and conditions of approval listed on Exhibit "B", both of which are attached hereto and made a part hereof by this reference and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, on October 13, 2000, an appeal of the Planning Commission's decisions was filed by Steve Hollis; and WHEREAS, the City Council, has considered the appeal of the Planning Commission's decisions filed by Steve Hollis; 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 15, 2000, on the above described General Plan Amendment No. P99-0647 of the proposed amendment to the Land Use Element and Circulation 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: 1. The above recitals and findings are true and correct and are incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Draft Program Environmental Impact Report and Final Program EIR. That the Final Program EIR for General Plan Amendment No. P99-0647 has been certified by the City Council. That this project was the subject of a Program Environmental Impact Report and the entire environmental record is hereby adopted and incorporated herein by reference. 2 10. The General Plan Amendment P99-0647 was approved and recommended for approval by the Planning Commission including GC (General Commercial) on 96.90 acres, HR on 18.12 acres and HMR ON 47.38 acres and establishing new arterial and collector street alignments within the project site as requested by the applicant with mitigation measures adopted in the Program EIR and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. That the General Plan Amendment site is a 162.40 acre portion of an irregular shaped project site consisting of 693.90 acres that was annexed to the City of Bakersfield in 1977. File the Notice of Determination. Upon approval and adoption of the project, the Planning Division of the Development Services 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 the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. As to General Plan Amendment P99-0647 the Planning Commission's recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations as follows: from MUC (Mixed Use Commercial), LR (Low Density Residential) and HR (High Density Residential) to GC (General Commercial) on 96.90 acres; and from MUC and LR to HR on 18.12 acres and HMR on 47.38 acres as shown on attached map in Exhibit "C", attached hereto and made a part hereof by this reference, generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended), the City Council hereby approves such Land Use Element Amendmentof the Metropolitan Bakersfield 2010 General Plan, subject to mitigation shown on Exhibit "A" and conditions of approval shown on Exhibit "B" both of which are attached hereto and made a part hereof by this reference. As to General Plan amendment P99-0647 the Planning Commission's recommended amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the circulation mapestablishing new arterial and collector street alignments within the development site as shown on attached map in Exhibit "C" generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended), the City Council hereby approves such Circulation Element Amendment of the Metropolitan Bakersfield 2010 General Plan, subject to mitigation measures shown on Exhibit "A" and conditions of approval shown on Exhibit "B. 3 Bakersfield as 1. 2. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of follows: The above recitals and findings incorporated herein, are true and correct. The Program Environmental Impact Report for General Plan Amendment P99-647 is hereby approved and adopted as the environmental determination for approval of the subject property. The report of the Planning Commission, including maps and all repods 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 General Plan Amendment P99-0647 of the proposed amendment to the Land Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the maps marked Exhibit "C", attached hereto and incorporated as though fully set forth, for property generally located between Paladino Drive, State Route-178, Masterson Street and Vineland Road (extended). That General Plan Amendment No. P99o0647, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. The City Council hereby denies the appeal of the Planning Commission's decision recommending approval of General Plan Amendment No. P99~0647. ......... o0o ........ 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 November 15, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO couNc,LMEMBER COUNCILMEMBER t~ COUNCILMEMBER t,,tbv',~ 4 APPROVED NOV 15 2000 BOB P'~'C~r~' MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: ~'2~~ CARL HERNANDEZ III Deputy City Attorney S:\Dole\P99-0647~CC GPA Resolution.wpd Cay in the Hill~ EXHIBIT Mitigation Mvasures CITY IN THE HILLS PROJECT MITIGATION MONITORING PLAN (September 19, 2000) Mitigation Measure BIOLOGICAL RESOURCES SPecial Status SD~Ies Planning ~fi_~n of Compliance Engineering.',' ," Serdce~ ;abd:... · , EnRineerinz Fire Department BR-! Prior to the issuance of a grading permit, the project applicant sitall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). BR-2 Prior to the issuance of m grading permit on the 694-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and axcevation 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: e) A preconstruction survey shall be conducted prior to site grading m search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. b) Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by ~:~ ~ F ~nsm~ction activities shall occur. c) ~i~cation of wildlife agencies of relocetion ~b~VOL|~WPWIN~Iieni (PN-JN)~D216~216001 PaZl6001 IJMP.doc Approved by on Planning Approved by on Comments Mitigation Monitoring Plan City in the Hills Mitigation Muanre ' oppurmnity prior to ground disturbance in of known kh fox dens shall be provided. d) Excavations shall either be consu'ucted with ~ ramps or covered to prevent kit fox entrapment. All :xenches or step-walled excavations greater than three feet d~ep shall include esce~ ramps to allow wildlife to escape, Each excavation shall contain at least one ramp, with long u~nch~s containing at least one ramp every I/4 mile. Slope of ramps shall be no steeper than I: I. e) All pipes, culverts or similar su~ctures with a diameter of four inches or greater shall be kept capped to pr=vent enU'y of kit fox. If they ar~ not capped or oth~rwis~ covered, they will be inspected prior to burial or closm to ensur~ no kit foxes, or other protected species, become entrapper. 0 All employees, conu'actors, or othor persons involved in the consu'uctinn of the project shall sherid a "tailgate" s~ssion informing them of the biological resource protection measures that will be impl~n~nted for the project. The orientation shall be conducted by a qualified biologist snd shall include information regarding the life history of the pmt~ted species, reasons for special satus, a summary of applicable anvironmental law, and measures intended to r~duce impacB. ~ of i~cins~:l containers and regularly r~moved \XMBAI\VOLIXWPWD4'~Iient (PN-/N}~2t6~02|6001 l~tl~00! I.MMP.do~ "Development b,O~ices (Planning Boodle) · Verification of Compliance Engineering Ser~icu and Trami~-,,,~ Enghiee~g: Fire Department 2 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure from the site to minimize attracting kit fox or other animals. BR-3 Because '~take" of blunt-nosed leopard lizards Planning is also currently prohibited by Section 5050 of the California Fish and Game Code, additional Approvcd by mi~galinns are necessary in addition to those required by the MBHCP. The following measures on ate recommended to comply with this S~ction 5050: a) Surveys for blunt-nosed leopard lizards shall be conducted following CDFG protocols. These surveys should be conducted between April 15 and June 30 under the specified time and temperature conditions. This survey is necessary to determine the currein status of blunt-nosed leopard linrds on the project site. b) If blunt-nosed leopard lizards arc detected, the applicant shall submit methods for compliance with Fish and Game Code Section 5050 to CDFG for review and approval. RaptOr Nest Disturbnnee Planning ; DeVelOpment Servko(Pbmnfng And BugdinE) BR-4 Prior to the issuance of a grading pormit for the approximately 694-acre site, the project applicant shall comply with the following raptor nest mitigation: a) If site grading is proposed during the raptor ncsdng season (Febmary-September), a focused survey for raptor nests shall be conducted by a ':~'~'q~lificd raptor biologist prior to grading actb/ities in order to identify active nests in areas pot~m~ally impacted by project implementation. Approvcd by Verification of CompUamce Engineering Services and Traffic Engineerinl~ Pire Department X~MBA I \ VOL I \ WPWINNClient (PN- ~'N)~0216~02160011 ~02160011 .MMP.doc 3 Mitigation Mon/toting Plan City in the Hills M|ti~atlon Mmur~ ,, ·. b) If conswuctinn is proposed to take plac~ during the raptor nesting/breeding season (February - S~ptember), no ~nstruction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Any nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October-January). c) Preconstrucriun surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding seeson (September I through January 31), passive und/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February I through August 31), no disturbance to these burrows shall occur without obtaining appropriate permitting through the Migratory Bird Treaty Act. Sensitive Hnbitats/Jurisdictional Arens : Development Services (Planning And Buildii~z,), Planning BR-5 A formal jurisdictional delineation will be Approved by conducted. If project development would impact jurisdictional areas, a Clean Water Act, Section 404 on permit from USACE and/or a CDFG Section 1601 Streambed Alteration Agreement will be obtained from USACE and/or CDFG respectively Prior to the j ce of a grading permit and/or approval of plans =~u~'~s~ifications. USACE and CDFG typically require?cnitigation plans to be prepared prior to the ~iBABVOI n WPWfN~CIicnt (PN-JN)~216~216OO I I ~O216~O I I.MMP. d~c Verilleadon of Compliance Engineering ' Servings and Tatfie Engineering Fire Department Mitigation Monitoring Plan City in the Hills Mitigation Meuure loss of habitat within jurisdictional areas. Indirect Impacts Development 8er~le~s (Planning -~ , 'Al~d Building) Planning BR-6 The following invasive exotic plants shall not be used in any project residential or commercial landscaping: tamarisk (all species) and pampas grass. In addition, vegetation at any ponds or water featu~s shall be manngad in a way such that none of the invasive exotic plants listed by the Department of Agriculture allowed to become established. T~ical invasive exotic plants that can become problematic in this region include: water hyacinth and pampas grass. BR-7 During construction, site boundaries shall be clearly marlcad with flagging, fencing or other suitable material to prevent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special status species. TRAFFIC AND CIRCULATION TR~I Prior to the issuance of building permits, the project applicant shall comply with the Metzopolitan Bakersfield Transportation Impact Fee Prop. These improvement fees shall be used to provide the improvements listed on pages 44 and 45 in Appendix C in the Draft EIR. The following improvements shall be included within the improvement list, Prior to issuance of building permits, the applicant's funding calculations for all improvements associated with the fee prop shall be submiRed to the City for review and approval. a) The following tn~ic signals shall be installed Fi?.r to full buildout of the project which is ~ ~ ex!~ted to occur in the year 2020. ~c~L |XWPWD~'Iient (PN-JN)\0216~02160011'~021600X I .MMP.doc Approved by OH. Planning Approved by on Verification of Com plinnee Engineering Servlees and - TralIic . · EngineeHnl~ FireDepartment Traffic Engineering Approvad by on Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure Panorama Drive and Moming Drive Morning Drive and Auburn Street Paindino Drive and Fairfax Road Vineland Road and SR 184 Paladino Drive and Morning Drive b) The following roadway segment shah be installed prior to full buildout of the project which is expected to occur in the year 2020. Install two lanes of p~vement on Paledino Drive fi'om Fairfax Road to MasOn SU'eet. Install 2 additional lanes of pavement on Kern Canyon Road fi'om SR 178 to Niles Street. TR-2 Prior to the issuance of building permits, the project applicant shall provide its fair share fimding toward the fullowing improvements. The ~mding for the following improvements shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residential. The development fees shall be paid prior to the issuance of each building permit. a) Traffic signals shall be installed at the following locations prior to one-half buildout of the project which is expected to occur in the year 2010 and full buildout .of the project which is expected to occur in the year 2020: : !~eli~pmUt' ServiC~(~llnhg And B~ildinf~) -. ~,¢ ~¥ear 2010 (Project One-Italf Buildout) "~/ineland Road and Interior Collector SWect \XMBAI~VOI .! ~WpWlNM21iem {PN-JN)X0216M}216001111216001 I.MMP.do~ Verifieation of Compthnea Engineering Services.lind EnRJneer/nt, Fire Department Traffic Engineering Approved by on 6 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure Panorama Drive and Interior Collector Street (2 locations) Panorama Drive and Masterson Street Morning Drive and SR 178 Masterson 8n'eet (SR 184) and Old SR 178 Vineland Road and SR 178 D~vnlopment Servk~s (Plmming A~d Buildln~) b) Year 2020 (Full Project Buildout) SR 184 and Chase Avenue Queen Street and Paladino Drive Alfred Herrell Highway/Comanche Drive and SR 178 The following intersection improvement shall be installed at Ihe following location prior to one- half buildout of the project which is expected to occur in the year 2010. Year 2010 (Project One-Half Buildout) c) Add one left turn lane to eastbound and westbound lanes and n-time Waffic signals at the intersection of Fairfax Road and SR 178. The following roadway segments shall be installed prior to one-half buildout of the project which is expected to eceur in the year 2010. Year 2010 (Project One-Half Buildout) : ,~ ,, 7 ~ Install Vineland Road between SR 178 and :': >, Collector Loop Street. - ~ Install half width of SR 178 and Masterson ~- ? X~tBAIWOLI\WPWINNCIient(PN-JN)~216'~)2160011~02160011.MMP.doc Verification of Compliance Engineering Services and Traffic Engineering Fire Department Comments Mitigation Monitoring Plan Cily in the Hills Mitigation Mensure Street along the project frontage. [nStn[I 2 lanes of pavement on Panorama Drive from Morning Drive to Queen Street. Install 2 additional lanes of pavement on Old SR 178 from Fairfax Road to Alfred Hartell Highway/Comanche Drive. TR-3 Prior to the issuance of a building permit, the project applicant shall provide funding for the future realigned SR 178 between Fairfax Road and Alfred Hartell Highway/Comanche Drive. The project applicant shall provide a fair share amount of that portion of the future renligned SR 178 that is determined to be the obligation of local development. The pmjeet's shm~ of traffic on SR 178 is percent. Local funding for the future realignment of SR 178 shall be distributed equitably between future land uses through the development of a fee per unit for residential or per square foot for non-residential. ~Lgcal fees shall be paid prior to the issuance of each building permit. TRNI Prior to the issuance of building permiLs, the project applicant shall provide the City of Bakersfield with a phasing plan of the onsite roadway segments. The project applicant shall install the following roadway segments that are not part of the Metropolitan Bakersfield Transportation Impact Fee Program. Development Services (Planbing "'Aad BuildfuRl Install Panorama between Queen Street and Masterson Street. Install the onsite Collector Loop StreeL Install Valley Lane between Panorama ~DTive and Paladino Drive. V~IBA tWC" - 'WPWINXC|ient (PN-JN)X0I I6~Zl t~011'~)21f~01 |.MMP.doc Verification of Compliance Engineering Services and Traffic Enl-,Ineering Fire Department Traffic Engineering Approved by on Traffic Engineering Approved by · OD Comments Mitigation Monitoring Plan Cily in the Hills · Developm.e. nt Mlttgntion Measure , :' And Bii~dl~Z) install Queen Street between Panorama Drive and Paindino Drive. The project applicant shall provide full funding for all improvements on the project site and provide its fair share funding' toward the portion of the improvements that are outside of the project site (i.e., the westerly half-width of Queen Street between Panorama Drive and Paladino Drive). The shared funding for the above improvements shall be distributed equitably between future land uses through the development of s fee per unit for residential or per square foot for non-residentiaL The development fees shall be paid prior to the issuance ofeanh building permit. NOISE Commercial Noise Sources Planning N: i Prior to the issuance of a building permit for theAppmvcd by proposed commercial uses, the project applicant shall demonstrate that project commercial noise source on impacts on nearby residences are below those indicated in the City's hourly noise level parfonnance standards. To demonstrate commercial noise source impacts are below the City's standards, the project applicant may need m include project design features such as sotbacks, barriers, building location/ orientation, acoustical design of buildings, etc. Prolest Related Onsite Traffic Noise Planning r~-2 Prior to the issuance of building pannits, the Approved by . [~)h~j~t. applicant shall reduce noise levels on the ~ project'rs~residences by setting residential uses back on (~VOLI\WPWlN~Clicnt(PN-JN)~0216~02160011~02160011.MMP.doc VerHleafion of Compliance Engineering Serv.iC~/:ia~d T~in~c~:..~'-. := Engi~ ' Fire Department Comments Mitigation Monitoring Plan City in the Hills ..:, -:, ~"Development from the roads by a distance equal to or greater than the 65 dB CNEL contour. For the future alignment of SR 178, the minimum setback distance shall be 188 feet; for the remaining roadway mentioned above, the minimum setback shall be 84 feet. As an alteroative to setbacks, the project applicant could use sound walls to mitigate waffic noise levels. The exact height and placement of soundwalls would depend on lot design and grading. Walls in the range of 6 to 10 feet probably would suffice for most situations. When lot design and grading are established, an acoustical consultant shall establish necessary wall heights and locations. AIR QUALITY Short Term Emissions Planning AQ-I Thic construction of the proposed project would result in the generation of f~gitive dust. Compliance with SJVUAPCD Regulation VIII and the City of Bakersfield air quality regulations would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. Approved by -on · Prior to approval of a grading plan for any residential Irect, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Deparunent from the SJVUAPCD stating the dust suppression measures that shall · '~ .~ ~ ~cnlvmpleted during construction activities to ~ ~mp Y with SJVUAPCD Regulation VII1. %hMBA I ~ VO~ J ~ WPWI~Cli~nt (PN-JN)~216~O216OO I I',O~ I~OO I I .MMp. doc Verification of CompHanee Engineering ServleeS~iml: : Trafile .': Enginee'i~;' * Fire Department I0 CornreeDte Mitigation Monitoring Plan City in the Hills Development Mitigation Measure AQ-2 in addition to compliance with Regulation VIII the following ~hall be incorporated into building plans. The following measures can further reduce fugitive dust emissions associated with the project. On The following shali be incorporated into building plans: a) Cover all access roads and parking areas with asphalt, concrete paving. b) Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. c) Use water sprays or chemical suppressants on all unpaved areas to conuol fugitive emissions. d) Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. e) Cease grading activities during pariods 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. g) All haul trucks should be covered when transporting loads of soil. h) Wash off construction and haul trucks to minimize the removal of mud and dirt from the ~3,~,,7(IXVOLI\WPWIN~Cliem (PN-JN)~0216~02160011'~216001 I.MMP.doc Servieu (Planning AndBuildinlO Planning Approved by Verification of Compliance Enginee~n,g Serviced:and Traff/e ' EnRin~e~inl~ Fire Department I1 Comments Mitigation Monitoring Plan City in the Hills Mitigation Measure . AQ-3 The following shall be incorporated into grading and building plans. a) Properly and routinely maintain all conswuction equipment, as rocommended by manufacturer manuals, to COalTO] ex]must emissions. b) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines, c) Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites, d) Use electric equipment for constzuction whenever possible in lieu of fossil fuel-fired equipment. Lone Term Emissions : Development ServleS fPhinning .ling) Approved by on AQ-4 Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and Inf~c congestion includes the following: a) Improve street and traffic signals for those intersections and s~'eet segments that the proposed project contributes traffic. · ~Q-~ The project applicant shall incorporate the Building -,: 'foll~iog into building plans: ~, Approved by ~ a) Us~ low-NO. emission water heaters, %~ABAIXVOLBWPWIN~Iiem (PN-JN)~0216~02160011%4}2160011.MMP,doc Verillealion of Complinnee Engineering* Services and Tralrle!. Engineering Fire Depafiment Trsffic Engineering Approved by on 12 Comments Mitigation Monitoring Plan Cily in the Hills b) Mitigation Measure Provide shade trees to reduce building cooling on requirements. Install energy-efficient and automated air cond/tioners. d) Exterior windows shall all be doubie-paned glass. Energy-efficient (low-sodium) parking lights shall be used. f) Use EPA-approved wood bumlug stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. CULTURAL RESOURCES Archaeolo~kal/Historical Resources Planning CR-I If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessa~, mitigation measures. Prnofof compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. Approved by on %~,iBA I\VOLI\WPWIN~Clie~t (PN-JN)xD216~021(~0I 1~(~160011.MMP.doc Verification of Compliance Engineering Sei'vices and TcaffiC: Enp..incerinR FIre Department 13 Comments Mitigation Monitoring Plan Mitigation Measure Paleontoloeicai Resources Development Services (Planning And BuiMlng) CR-2 A palcontological monitoring program that includes the following measures shall be implemented to reduce potential impacts on the Sharktooth Hill bonebed: a) Prior to grading, a paleontologist shall be retained, attcnd a pre-grading meeting, and set forth the procedures to be followed during the monitoring program. b) One paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal consU'uction delay is expected to be sufficient. Full-time monitoring of the portions of the project site that have ce~h-disturbing activities at elevations betwecn 600 feet and 700 feet shall be provided. c) If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading cunU'actor shall immediately divert construction and call the monitor to the site. Major salvage time may be shortened by grading contractors assistance (e.g,, removal of overburden, li~/ng and removing large and heavy fossils). d) The project paleontologist shall prepare, - I identify, and curate all recovered fossils Upon I Y '~);,ompletion of grading, the project paleontologist sll~ll prepare a summary report documenting X~MBA I\VO*- '~WPWlN~Clicnt (PN-JN)~02|6%02160011%0216001 ],MMP.doc Verl~eation of Compliance Engineering Services and Traffic Enl~ln&ring Fire Department 14 Comments Mitig,}tion Monitoring Plan \ Cilyin the Hills : - :* ~t , .~,.Development *?~.: :~:',~Servl~*(Planning Mitigation Measure ',-!::'~ ;~.~? 'A. ndBui|ding) mitigation and results, with itamized inventory of collected specimens. The paleontologist shall submit the report to the City of Bakersfield, designated depository, and any other appropriate agency, and U'ansfer fossil collection to a dcposlter~ within the City of Bakersfield or County of Kern. The summary report shall submitted to the City. This submittal will signify completion of the program to mitigate impacts on paleontological resources. HAZARDOUS MATERIALS COMPLIANCE HMC-I Prior to the issuance of grading permits. the grading plans shall sl~ccify that in the event that ha.a~Ons waste is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hairdons waste and/or I?~,-,,~ous material is handled and disposed 6fin the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Cede, Division :20, Chapter 6.5) and according so the California Admlnistmtivc Code, Title 30, Chapter HMC-2 The applicant shall handle and dispose of all hazardous materials and wastes during the operation and maintena~c of facilities in accordance with state codes. Verification of Compliance Engineering ~ Services and Traffic En~'meerinl~ Fire Delmrtment Comments X~MBAIXVOLI%WPWIN'CliCnl (PN-]N)~0216~0216001 ll0216001 I.MMP.~ Mitigation Monitoring Plan City in the Hills Mitigation Mmure HMC-3 Prior to the issuance of grading p~rmits, the grading plans shall specify that in the event that any ab4mdoned or unrecovered oil wells arc uncovered or damaged during excavation or grading, remedial plugging operations Will bc required. Development /rod Buiidin~) HMC.-4 No structures are to be located over a previously plugged or abandoned well. PUBLIC SERVICES AND UTILITIES Fire Protection Services FPS-I Prior to the issuance of building permits, the project applicant shall submit building plans to and obtain approval from the Bakersfield Fire Department so that fire deparlment personnel and equipment can be reviewed and evaluated to determine the need to increase personnel and equipment to serve each individual project. FPS-2 Prior to the approval of grading plans, the project applicant shall submit emergency fire access plans to the Fire Deparancnt for review and approval to assure that service to the site is in accordance with the Bakersfield Fire Deparlmcnt requirements, FPS-3 Prior to the commencement of stn~'tured framing onsit~, the project applicant shall install fire hydrants in accordance with the CiW-appmvcd building plans. ~F~-4~ Prior to the approval of su*ect improvement P ~fk' the projccl applicant shall demons~ate to the City ~irc Department that the onsite wator supply systcn~~ is designed to provide sufficient fire flow Verification of Compliance Engineering Services and Traffic Engineering Fire Department Fire Department Approved by on Fire Department Appmvcd by on Fire Department Approved by On Fire Department Approved by Comments Xq~4BAIXVC' 'PWIl',~CIicnt(PN-JN)X0216%O2160011~2160011.MMP.doC 16 · Mitigation Monitoring P/an City in the Hills MItigation Measure . : · · pressure and storage in accordance with City Fire Department requirements. Pollre Proteetion Services Development . Servleea (Planning And Building) Planning PPS-! Prior to the issuance of building permits, the Approved by project applicant shall submit building plans to and obtain approval from the Bakersfield Police on Department so that police department personnel and equipment can be reviewed and evaluated to determine the need to increase personnel and equipment m serve each individual project. Sehool Services Planning SS-I Prior to the issuance of building permits, the Appwved by project applicant shall pay District-adopted development impact school fees that are in effect at on the time of issuing each permit. The District-adoptad fee~ are required to be in accordance with State statutes that are in effect at the time of issuing each . permit. In lieu of the above, the project applicant may comply with alternative mitigation acceptable to the Dislriet. Solid Waste Sen, tees Planning SWS-I Prior to the issuance of building permits for residential uses, the applicant shall demonsin how the project would participate in a waste management program, which includes but is not limited to the following: a) A commitment to contract with a recycling business for the collection and repossessing of :';~ i ~g s, mixed and newsprint paper, plastics, and :. ag~inum for all residential uses. ~J~.~r~)LIXWPWIN~C|ienI(PN-JN)X0216X02 60OIIN021600 MMPdoc Appwved by on Verification of Compliance Engineering Serv|ee~ and Traffic Engineattng Fire Department on 17 Comments Mitigation Monitoring Plan City in the Hills d) Water Mitigation Measu re A commitment m begin the recycling when solid waste collection begins. Provision of onsite receptacles for the collection of glass, mix~l and newsprint paper, plastics, and aluminum for recycling purposes shall be provided. Locations of receptacles shall be indicated on building plans. Ensuring that hazardous waste disposal complies with federal, state, and city regulations. · Planning W-I Prior to the issuance of building permits, the Approved by project applicant shall coordinate with the California Water Company to establish precise locations for on water distribution ap;: ," age facilities that would be constructed onsite ana offsite to adequately serve each of the residential and non-residential water _needs of the proposed project. Stormwater Drainnee Building SD-I Prior to the issuance of a grading permit, the project applicant shall submit drainage plans for the project site for review and approval by the City of Bakersfield. The drainage plans shall identify all nec~__~ry onsite and offsite drainage facilities to accommodate project~related as well as cumulative (in accordance with the existing General Plan) drainage volumes and velocities. Modifications to the existing PDA for the Breckenridge area' will require -,~ pmval ofan amendment to the PDA by the City o~t~crsfield. ~dBABVO' Approved by on '?wlN~Cliem (PN-JN)~0216'I)2160011~0216001 I.MMP.doc VefiGeadon of Compliance Engineering ~ervjee~ an d ' Traffic Engineering Fire D~partment Mitigation Monitoring Plan City in the Hills Mitigation Measure . .~'.:: ~. AESTHETICS AES-I Prior to me issuance of grading permits, the project applicant shall prepare landscape plans for the project area to provide visual relief from projec~ slruct~res. AE$-2 Prior to the issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce light impacts may include low-intensity light fixtares and hooded shields. AES-3 Prior to the issuance of building permits, the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting on private residences is designed so that all direct rays are confined to the site and that .adjacent residences are protected from substantial light and glare. Development 8errlees(Planning 'And BUilding)' Planning Approved by on Planning Approved by 'on Verification of Compliance Engineering, Enghieeitng Fire Department CommeDts :' , .:! ~IBAIXVOLI XWPW[NM:Iicnt (PN-JN)M)216%0216001 IM)216001 I.MMP.doc 19 Mitigation Monitoring Plan Planninq 1. EXHIBIT B Conditions General Plan Amendment/Zone Change P99-0647 Comply with Safety Element policy numbers 11 and 12: Policy Number 12 Fault Rupture Policies Prohibit development designed for human occupancy within 50 feet of a known active fault and prohibit any building from being placed astride an active fault. To demonstrate compliance, this setback shall be shown on all tentative tracts and site plans submitted to the City of Bakersfield for approval. Require site-specific studies to locate and characterize specific fault traces within an Alquist-Priolo Fault Studies Zone for all construction designed for human occupancy. Any tentative tract/site plan approval process will require site specific studies prior to project approval. Developer shall prepare and submit a "master park plan" to the Planning Director for approval. Such "master park plan" shall be approved by the Planning Director prior to the filing of any tract map or parcel map, The R-3 zoning district is limited to 20.00 dwelling units per net acre. Adjacent to Paladino Drive minimum lot sizes in the first tier of lots shall be 8,400 square feet. This shall be for a distance of 2,000 feet along Paladino Drive west of the center line of Masterson or the last developed lot, whichever is greater. Landscaping for medians and parkways along Paladino Drive shall include meandering sidewalks and a mixture of trees, shrubs, and tuff consistent with landscaped strips for consolidated maintenance districts. Public Works Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment in the project area, the following shall occur: Provide fully executed dedication for the expanded intersection of Paladino Drive and Masterson Street and for Masterson Street at SR 178 to arterial standards. Also provide dedications for additional areas for landscaping along Paladino Drive and Masterson Street as directed by the City Engineer. Submit a current title report with the dedication documents. Provide offers of dedication for the other major streets in the approved alignments, including Queen Street (a 110' side arterial). Modify the Breckenridge Planned Drainage Area to conform with the revised zoning. A comprehensive drainage study conforming to the Breckenridge Planned Drainage Area is to be submitted to and approved by the City Engineer. Provide percolation tests for any proposed retention site. Any required retention site and necessary easements shall dedicated to the City. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. All development within the boundary of this amendment shall comply with the traffic mitigation measures detailed in Section 5.3 of the DEIR and summarized in the Executive Summary of the DEIR (Table 2-1 ). The existing Northeast Trunk Sewer traverses this property. The street and subdivision designs shall accommodate the sewer line easements - the sewer line is not to cross private property. Prior to the issuance of any building permit or the recordation of any subdivision north of the proposed Panorama Street alignment, improve Paladino Drive between the project area boundary and Morning Drive. Prior to the issuance of any building permit or the recordation of any subdivision south of the proposed Panorama Street alignment, construct the intersection connection at the proposed collector and SR 178. 2 10. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. As described in mitigation measures TR-1 and TR-2, the final traffic impact fee program shall be based upon a fee schedule submitted with cost estimates and share computations, subject to the approval of the City Engineer. It should be noted that the fee schedule referenced from pages 44 and 45 of the Traffic Study in Appendix C is considered preliminary and subject to correction. Several facilities on the fee list within the influence of the project are not shown, but need to be added, and several facilities appear to have incorrect project traffic shares computed. Prior to issuance of a building permit, the project applicant shall provide funding for the future realigned SR 178 between Fairfax Road and Alfred Harrell Highway. The project's share of the traffic on future SR 178 is 7.5 percent. No policy has yet been adopted as to what share of future SR 187 local development is responsible to fund. The Bakersfield City Council and the Kern County Board of Supervisors, in their adoption of the Regional Transportation Impact Fee Program (RTIF), established that the local development's share of the Kern River freeway is 10%. Absent any policy decision to the contrary, we recommend that the developer be required to pay 7.5% of the local share, said local share to be 10% of the construction costs. Fifty percent of the right-of-way costs are already provided for in the RTIF program and shall be included in the RTIF calculations. As noted in mitigation measure TR-4, a phasing plan is required for implementation of various onsite improvements mitigation measures. Since several mitigation improvements are also shown to be needed in at half project build out (TR-2), the phasing plan shall also extend to these as well as any other improvements. For example, any new connections to Hwy 178 requiring signals at half build out should probably require signalization at the time of connection. In addition, the phasing plan shall show how the project connects to the existing roadway network at initial development, half build-out and full build-out. The developer shall provide an appropriate mechanism to assure improvements occur in a timely manner. A requirement of disclosure in any Department of Real Estate filings or sales contracts related to any property sale and an agreement to file a restrictive covenant recorded on the Project Area, which will disclose the possibility of noise 3 11. 12. 13. from Mesa Marin Raceway greater than allowable under applicable city standards and based on that disclosure prevent purchasers of property from instituting administrative or judicial action against Mesa Marin. Prior to the grading, excavation or submittal of any tract or parcel map, applicant shall consult with the Department of Conservation, Division of Oil, Gas and Geothermal Resources to determine if any (1) oil and/or gas lines and (2) abandoned oil and gas wells are located on the project site. If such lines or wells or located on site, the location of such lines or wells shall be shown on the tract or parcel map. Prior to, the grading, excavation or submittal of any tract or parcel map, USA North shall be contacted and assess the map site and/or grading/excavation site. A USA North identification number shall be obtain to identify all above and underground utility facilities in accordance with California Government Code Section 4216. USA North can be contacted at 1(800) 227-2600. Mitigation measure TR-4 requires a phasing plan to address this issue. The following list can be considered an example listing projects expected to be complete with adjacent development, by the half build out and by the full buildout, but the actual timing of the improvements will be contained in the required phasing plan which will be presented to the Planning Commission prior to the submission of the first tentative map in the GPA/ZC area. This list will be overriden by the Planning Commission approved phasing plan. Upon determination by the City Engineer that traffic and public safety necessitates improvements be completed prior to the timing established in the Planning Commission approved phasing plan, the developer shall submit to the City Engineer design of such identified improvements and, upon approval, install such improvements in a timely manner as directed by the City Engineer. Improvements expected with adjacent development: A. With connection of Vineland to Hwy. 178 installation of a traffic signal and widening Hwy. 178 at the intersection to provide left turn channelization from Hwy. 178 is anticipated. B. With first development having connections to Masterson Street, realign Masterson to its ultimate alignment having 90 degree intersection with Hwy. 178. C. Install Panorama Dr. from Queen St. to Masterson St. D. Install the on-site Collector Loop street E. Install Vineland Rd./Valley Ln. from Hwy. 178 to Paladino Dr. F. Install Queen St. from Panorama Dr. to Paladino Dr. 14. 15. 16. Improvements expected by HALF BUILD OUT based upon the DEIR mitigation measures: A. Install traffic signals at the following intersections: 1. Vineland Rd. at Interior Loop Collector 2. Panorama Dr. at Interior Loop Collector (1 location) 3. Panorama Dr. at Masterson St. 4. Morning Dr. at Hwy. 178 5. Masterson St (re-aligned) at Hwy. 178 6. Hwy. 184 at Hwy. 178 7. Vineland Rd. at Hwy. 178 (if not previously connected) B. Install one left turn lane to east bound and west bound lanes and re-time traffic signals at the intersection of Fairfax Rd. and Hwy. 178. Please note, this will be superceded by the construction of a full interchange which is funded for construction with completion expected by 2004-05. C. Install entire half width of Hwy. 178 and Masterson Street along project frontage. D. Install 2 lanes on Panorama Dr. from Morning Dr. to Queen St. E. Widen Hwy. 178 to 4-lanes from Fairfax Rd. to Alfred Harrel Hwy. Improvements expected by FULL BUILD OUT based upon the DEIR mitigation measures: A. Install traffic signals at the following intersections: 1. Panorama Dr. at Morning Dr. 2. Morning Dr. at Auburn St. 3. Paladino Dr. at Fairfax Rd. 4. Vineland Dr. at Hwy. 184 5. Paladino Dr. at Morning Dr. B. Install 2 lanes of paving on Paladino Dr. from Fairfax Rd. to Masterson St. C. Install 2 additional lanes of paving on Kern Canyon Rd. (Hwy. 184) from Hwy. 178 to Niles St. The improvements needed at locations significantly and directly impacted by the project to maintain City service level standards will be required to be in place prior to occupancy of the relevant development phase. Improvements which are included in an adopted fee program will be provided by the fee program mechanism if funds are currently available. If funds are not available to meet the circulation improvement needs at any particular development phase, then the project proponent will either provide the off-site improvements directly (with potential of future reimbursement or credits if a relevant fee program is in place), or the development must await other sources of implementation. S:\Dole\P99-0647\Conditions-Mitigation.wpd 5 GENERAL PLAN AMENDMENT P99-0647 18 8 / / /// o 8o0 T29S, R29E / / / / / / / / 7 ~8 ZONE CHANGE P99-0647 8 ]6 / / / / / / / / 0 T~S,R~E C-2 R-t R-H EXI~IT C GENERAL PLAN AMENDMENT P99-0647 18 17 17 GC / / / / / / / / / / / / / / / / GENERAL PLAN AMENDMENT P99-0647 CIRCULATION ELEMENT