HomeMy WebLinkAboutORD NO 4000ORDINANCE NO. ~ 0 0 0
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-25 BY CHANGING THE ZONING OF 64 ~-ACRES
GENERALLY LOCATED BETWEEN SR-99, ARVIN-EDISON
CANAL, SOUTH H STREET AND BERKSHIRE ROAD
ALIGNMENT FROM A P.C.D. (PLANNED COMMERCIAL
DEVELOPMENT) ZONE TO A C-2 (REGIONAL COMMERCIAL)
ZONE FOR THE GATEWAY SHOPPING CENTER (# P00-0419).
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on January 18, 2001, and continued to February 1, 2001, on a petition to change the
land use zoning of those certain properties in the City of Bakersfield generally located between
SR-99, the Arvin-Edison Canal, South H Street and Berkshire Road alignment, shown on
attached Exhibit "1 ;" and
WHEREAS, by Resolution No.14-01 on February 1,2001, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the request from a P.C.D. (Planned Commercial Development) zone
to a C-2 (Regional Commercial) zone (File #P00-0419) as delineated on attached Zoning Map
No.123-25 marked Exhibit "2", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the above-described zone change is to facilitate a change in zoning
from a PCD (Planned Commercial Development) zone to a C-2 (Regional Commercial) zone for
a multiple use shopping center entitled the Gateway Shopping Center consisting of a total of
571,504 square feet that includes 555,000 square feet of leaseable building area and 16,504
square feet for support facilities; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact relative to the Environmental Impact Report
prepared for said amendment and the Council has considered said findings and all appear to be
true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports, as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff, Planning Commission and
this Council; and
findings:
WHEREAS, the City Council has considered and hereby makes the following
1. The City of Bakersfield is the Lead Agency for said project.
For the above-described project, an initial study was conducted and it
was determined that the proposed project may have a significant effect
on the environment and an Environmental Impact Report (EIR) was %~..
prepared in accordance with CEQA.
o
o
10.
11.
12.
The law and regulations relating to the preparation and adoption of an
EIR as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff and the Planning
Commission.
On February 1,2001, the Planning Commission adopted Resolution No.
13-01 with findings and recommending certification of the Final EIR to
the City Council.
At said public hearings held January 18, 2001, and February 1, 2001, the
request for a change of zone by Mr. John Saliba of MGC Architecture,
representing Paul Owhadi, Sierra Pacific Development, property owner,
was duly heard and considered.
At said hearings several persons spoke in favor of the request and no
person spoke in opposition.
Property owner, Paul Owhadi, Sierra Pacific Development, entered into
agreement with the City of Bakersfield to implement all mitigation
measures, identified in the environmental analysis contained within the
EIR, as summarized in attached Exhibit "7."
On January 18, 2001, the Planning Commission adopted findings and
certified said Final EIR, and recommended the same to the City Council.
In accordance with CEQA Guidelines Section 15090 the Lead Agency
(City of Bakersfield) shall certify that:
(a) The final EIR has been completed in compliance with CEQA; and
(b)
The final EIR was presented to the Lead Agency and that the
Lead Agency reviewed and considered the information contained
in the final EIR prior to recommending approval the project.
In accordance with CEQA Guideline Sections 15151 and 15090, the Final
EIR was considered for adequacy, completeness and good faith effort at
full disclosure and has been completed in compliance with CEQA.
In accordance with CEQA Guideline Sections 15151 and 15090, the Final
EIR was presented to the Lead Agency and that the City Council
reviewed and considered the information contained in the Final EIR prior
to approving the project.
In accordance with CEQA Section 15091 findings and supporting
rationale regarding identified significant environmental effects and related
mitigation measures is attached hereto as Exhibit "5".
13.
14.
15.
16.
17.
17.
18.
19.
20.
21.
In accordance with CEQA Section 15092, the City of Bakersfield finds
that except for air quality impacts, all other impacts on the environment
identified as significant in said EIR have been eliminated or the effects
have been substantially lessened where feasible as shown in findings
under Section 15091.
Furthermore in accordance with CEQA Section 15092, the City of
Bakersfield determined that the remaining significant impact to air quality
found to be unavoidable under Section 15091 are acceptable due to
overriding concerns as described in Section 15093, as shown in attached
Exhibit "6".
In accordance with CEQA Section 15093, a Statement of Overriding
Considerations with supporting reasons related to air quality impacts is
recommended for adoption as shown on attached Exhibit "6".
The project must be granted a "de minimis: exemption with respect to the
payment of Fish and Game Section 711 fees. 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
State of California Fish and Game Code. Additionally, the assumption of
adverse effect is rebutted by the above-referenced absence of evidence
in the record and the Lead Agency's decision to prepare an
environmental impact report for this project.
Conditions of approval attached hereto as Exhibit "4" are needed to
provide for orderly development, and the public health, welfare and
safety.
In accordance with Public Resources Code Section 21081.6, Exhibit "8"
attached hereto contains the monitoring program for implementing the
adopted mitigation measures.
The proposed zone change is consistent with the Metropolitan
Bakersfield 2010 General Plan.
The project location is an important "gateway" into the City of Bakersfield
from Highway 99.
Policies of the Metropolitan Bakersfield 2010 General Plan encourage
and promote establishment of attractive entrances to the community, and
develop distinctive identity for the Bakersfield region.
The applicant has stated agreement with ail conditions proposed by staff
and recommended by the Planning Commission.
22.
The conditions recommended by the Planning Commission, are needed
to ensure maintenance of aesthetic integrity of the development's
architecture and landscaping.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. All required public notices have been given.
That this project was subject to an Environmental Impact Report and the
entire environmental record is incorporated by reference as set forth in
the resolution approving, adopting and certifying the Final EIR.
A Final EIR was prepared and certified in accordance with CEQA and the
local CEQA Implementation Resolution for this project.
Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land
use zoning of that certain property in said City, the boundaries of which
property is shown on Zoning Map. No. 123-25 marked Exhibit "2"
attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "3".
Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "4 ."
File the Notice of Determination. Upon approval and adoption of the
project, the Planning Department is hereby directed to file a Notice of
Determination with the County Clerk of Kern County, pursuant to the
provisions of Section 21152 of Public Resources Code and the State
CEQA Guidelines adopted pursuant thereto.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
.... 000 ......
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on M/iR ~. 4 ?~i31 ,
by the following vote:
4
ABSTAIN:
ASSENT:
COUNCILMEMBER CARSON, SENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~oo ~ {~
COUNClLMEMBER
COUNCILMEMBER i,~ G ~ ~
CITY CLERK and Ex Officio Cle~l~ of the
Council of the City of Bakersfield(./
MAR ij. 2001
APPROVED ,,~ ~ /~
HAR'V~Y L. I:'IAL~. ' "" /
MAYOR of the City of Bakersf~ld
APPROVED as to form:
BART THILTGEN
City Attorney
Carl Hernandez, Deputy City Attorney
Attached Exhibits:
1. Location Map.
2. Zoning Map #123-25.
3. Legal Description.
4. Conditions of Approval (includes mitigation measures and
discretionary conditions).
4.A. Transportation Fee Tables 8 and 9 from Traffic Study
(Ruettgers & Schuler (October 2000)
5. CEQA Statement of Facts and Findings
6. Statement of Overriding Considerations for Air Quality.
7. Summary of mitigation measures.
8. Mitigation Monitoring Program.
jeng \ \ S:~ZoneChange~z419~cc~zc~3rd-cc.wpd
February 21,2001
ZONE CHANGE P00-0419
Rol
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EXHIBIT "2"
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CiTY OF 8AKERSFIELO
ZONING MAP 123-25
SEC 25 T 30s R 27E
LEGEND
EXHIBIT "3"
LEGAL DESCRIPTION
Gateway Zone Change #P00-0419
PROPOSED C-2 ZONE (FROM PCD)
ALL THAT PORTION OF SECTION 25, T.30S. R.27E., M.D.M., CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE N.89°49'
24"W. ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 25 A
DISTANCE OF 2094.93 FEET TO THE EASTERLY BOUNDARY OF STATE ROUTE VI-KER-
99 AS DESCRIBED IN THE GRANT DEED RECORDED IN BOOK 3262, PAGE 773,
OFFICIAL RECORDS OF KERN COUNTY; THENCE N.12°05'28'W. ALONG SAID
EASTERLY BOUNDARY A DISTANCE OF 1212.88 FEET TO THE SOUTHERLY BOUNDARY
OF THE ARVIN-EDISON CANAL; THENCE DEPARTING SAID EASTERLY BOUNDARY OF
STATE ROUTE VI-KER-99, AND ALONG SAID SOUTHERLY BOUNDARY OF THE ARVIN-
EDISON CANAL THE FOLLOWING FIVE (5) COURSES:
1)
S.89°51'27"E., 1036.77 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTH, HAVING A RADIUS OF 555.00 FEET; THENCE
2)
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
22009'25'' AN ARC DISTANCE OF 214.62 FEET; THENCE
3)
N.67°59'08"E., 162.15 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 445.00 FEET; THENCE
4)
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
22009'25" AN ARC DISTANCE OF 172.09 FEET; THENCE
5)
S.89°51'27"E., 785.84 FEET TO THE EAST LINE OF SAID SECTION 25;
THENCE DEPARTING SAID SOUTHERLY BOUNDARY OF THE ARVIN-
EDISON CANAL, S.00°03'20"W. ALONG SAID EAST LINE A DISTANCE OF
1321.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 63.73 ACRES.
Feb~ary 21, 2001
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EXHIBIT "4"
CONDITIONS OF APPROVAL
GATEWAY ZC # 00-0419
MITIGATION MEASURES
Public Health and Safety:
A(~ricultural Use of Property: Prior to grading plan approval, the project applicant shall perform
soil tests to determine concentrations of pesticide and fungicide residues which may be present
within the project site. Should contaminant levels be in excess of acceptable Federal, State
and/or County levels, the project applicant shall identify and implement remedial action, subject
to approval by the City of Bakersfield and responsible regulatory agencies to reduce
contaminants to acceptable levels. (Mitigation Measure # 5.3-1 )
*NOTE: This mitigation measure has been satisfied.
Va!lev Fever: All areas with bare soil exposed as a result of grading activities shall be
landscaped at the earliest time possible or stabilized by watering when winds exceed 25 miles
per hour in order to reduce the potential inhalation of spores causing Valley Fever. (Mitigation
Measure # 5.3-4b)
Short-Term Aesthetic Impacts:
Construction equipment staging areas shall be located away from existing residential uses and
appropriate screening (i.e., temporary fencing with opaque material), used to buffer views of
construction equipment and material, when feasible. Staging locations shall be indicated on
project Final Development Plans and Grading Plans and subject to review and approval of the
City. Compliance with this measure is subject to periodic field inspections by City staff.(Mitigation
Measure #5.4-1 ).
Long-Term Aesthetic Impacts:
4. The project Final Development Plan and Landscape Plan shall include the following:
Prior to any development on the east half of the project site, a minimum 6-foot high masonry
wall shall be constructed along the northern site boundary adjacent the Arvin-Edison Canal
and residentially zoned property. A 6-foot high chain link fence shall be installed adjacent to
the Arvin-Edison Canal across from the C-2 zoning. There shall be a minimum 10 foot wide
landscape strip along the northern boundary on the south side of the wall. The tree mix shall
include 100% evergreen species placed 15 feet on center with a minimum of 50% of trees
sized at 24" box or larger alternating with 15 gallon minimum trees. Ground cover shall
include shrubs, turf and/or flowers. Wall/fence and landscaping shall be installed prior to
occupancy and may not be bonded or secured.(Mitigation Measure #5.4-2a)
As phased development occurs adjacent the following streets, the following shall be required:
A minimum 25 foot wide landscape strip along South H Street, Berkshire Road and SR 99.
The tree species mix shall be 75% evergreen placed 25 feet on center with a minimum 50%
trees sized at 24" box or larger alternating with minimum 15 gallon trees. Ground cover shall
include berming, shrubs, turf, and/or flowers. Landscaping shall be installed for each phase
prior to occupancy and may not be bonded or secured. (Mitigation Measure #5.4-2a)
S:[ZoneChangetz419[cctzclex4-conditions. wpd
February 21, 2001
Exhibit "4"
ZC P00-0419 Conditions
Page 2
· Trees in parking area shall be provided at a rate of a minimum 1 tree per 6 parking spaces,
max 65 feet intervals and the tree species mix at least 75% trees evergreen.
Prior to occupancy of any structure in the southwest quadrant of the project site, a
minimum 6-foot high masonry wall (measured from highest adjacent grade) shall be
constructed along the common property line separating the project site and the
residentially zoned property in the area between the Berkshire Road terminus and SR
99. A minimum 15-foot wide landscape strip shall be installed along the north side of
the wall to include the same landscape plant materials as required for the landscape
strip along the Berkshire Road frontage. (Mitigation Measure #5.4-2a)
For the area between the Berkshire Road terminus and SR 99, there shall be an 110-
foot building setback from the property line that separates the project site and the
residentially zoned property located south of the project site. No trash containers
and/or enclosures may be located within the 110 foot setback in the area west of the
Berkshire Rd terminus. (Mitigation Measure #5.4-2a)
All mechanical and electrical equipment (to be installed on the structure or on the ground)
shall be adequately screened from public view. The screening shall be considered as an
element of the overall design and must blend with the amhitectural design of the building
and/or landscaping, as appropriate. Construction plans for the buildings shall indicate any
fixtures or equipment to be located on the roof of the respective structure, equipment types,
and design of the screening material. The method of screening shall be reviewed and
approved by the City. (Mitigation Measure # 5.4-2b)
· No storage of any kind shall be permitted outside the structures. (Mitigation Measure #5.4-2c)
· All visible trash collection facilities and features throughout the project site shall be designed
to complement the project design. (Mitigation Measure # 5.4-2d)
· Regular parking lot and sidewalk sweeping shall be made part of maintenance activities on-
site. (Mitigation Measure # 5.4-2e)
Sign plans shall be designed by the applicant and reviewed by the City with special attention
given to light and glare impacts on sensitive uses adjacent to the site, (Mitigation Measure #
5.4-2f)
Light and Glare:
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February 21, 2~01
The proposed project shall adhere to the following lighting standards requirements:
Parking lot light standards within 160 feet of the north property line shall not exceed 20 feet in
height.
Parking lot light standards within 295 feet of the centeriine of Berkshire Road shall not
exceed 20 feet in height.
No parking lot lighting shall exceed 30 feet in height.
Final development plans for the project shall identify the height of parking lot light standards.
(Mitigation Measure # 5.4-3)
Exhibit "4"
ZC P00-0419 Conditions
Page 3
Traffic and Circulation:
Participation in the Metropolitan Bakersfield Regional Transportation Impact Fee program as
computed in Table 9 of the traffic study (Ruettgers & Schuler, October 2000) (Mitigation Item 5.5-
la of the "Environmental issues/Mitigation Summary"). Computed fees shall be adjusted as
appropriate for the actual approved building size and should be assessed on a per square foot
basis. The fee is $604,464 computed for a 555,000 SF shopping center ($1,089.12 per
1,000SF). (Mitigation Measure #5.5-1 a)
Payment of pro-rata local mitigation fees as computed in Table 8 of the traffic study (Ruettgers &
Schuler, October 2000) (Mitigation Item 5.5-1a of the "Environmental issues/Mitigation
Summary"). Prior to issuance of any building permits the project engineer shall provide, and
have approved, estimates and fee schedule for the pro-rata share of the improvements as
provided in Table 8. The pro-rata local mitigation fees are in addition to the regional
transportation impact fees referenced above. (Mitigation Measure #5.5-1a)
Prior to issuance of the first Certificate of Occupancy, construct the following Opening day
mitigation improvements as provided in Mitigation Item 5.5-1b of the "Environmental
issues/Mitigation Summary". (Mitigation Measure #5.5-1b)
8.1
8.2
8.3
8.4
Construction of roadway improvements along its frontage, South H Street and Berkshire
Road.
8.1.1 South H Street shall be constructed full width, including a full width, landscaped
median island, and all street improvements on the east side of South H Street.
8.1.2 Berkshire Road shall be constructed to its full collector width, with the intersection
to be constructed to the full width collector-arterial intersection standard.
Construction of the extension of Colony Street to the south across the Arvin-Edison
Canal.
Construct east bound right turn lane on Panama Lane at Colony Street including all
necessary traffic signal modifications.
Payment of impact fees as calculated on Tables 8 and 9 of the traffic study.
This opening day mitigation presumes no phasing of shopping center development. These
opening day improvements may be phased, subject to approval by the City Engineer in
coordination with an approved phasing plan.
Alternate Transportation:
Final Development Plans shall depict and the project applicant shall construct a bus turnout on
South "H" Street, in a location and design as approved by the City Engineer and GETBus. The
bus turnout shall be designed and construct to support typical passenger amenities, such as a
bench and/or shelter consistent with the Golden Empire Transit District's 'q'ransit Facilities
Manual." . As an alternative, a bus turnout may be constructed along the north side of Berkshire
Road. Turnout design shall include pedestrian access to shopping and employment facilities and
must conform to A.D.A. Standards. (Mitigation Measure # 5.5-4)
S:tZoneChange~z419~cctzciex4-c~nditions. wpd
February 21, 2001
Exhibit "4"
ZC P00-0419 Conditions
Page 4
Commercial Noise Impacts
10,
The developer shall provide a professionally prepared noise study for any loading dock located
within 200 feet of residentially zoned property. The study would be required at the time of site
plan review and subject to approval by the Development Services Director. Mitigation measures
recommend in the study shall apply to the project. (Mitigation Measure # 5.6-3)
Short-Term Air Quality Impacts
11.
The project shall comply with San Joaquin Valley Unified APCD Regulation VIII, Fugitive Dust
PMlo Prohibitions. To ensure compliance, the following measure shall be implemented:
· cover all access roads and parking areas with asphalt-concrete paving;
· asphalt-concrete paving shall comply with San Joaquin Valley Unified APCD Rule 4641
and restrict the use of cutback, slow-cure and emulsified asphalt paving materials;
· use water sprays or chemical suppressants on all unpaved areas to control fugitive
emissions;
· enclose, cover or water all stockpiled soils to reduce fugitive dust emissions;
· cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period);
· limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site;
· all haul trucks should be covered when transporting loads of soil; and
· wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites. (Mitigation Measure # 5.7-1a)
12.
The following measures shall be implemented by the project contractor and applicant to reduce
construction equipment exhaust emissions, including NOx emissions:
· properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions;
· shut down equipment when not in use for extended periods of time to reduce emission
associated with idling engines; and
· use electric equipment for construction whenever possible in lieu of fossil-fuel-fire
equipment. (Mitigation Measure # 5.7-1b)
Long-Term Air Quality Impacts
13. The project applicant shall incorporate the following in building plans.
· bicycle racks shall be provided in the proposed commercial areas. Location and number
shall be shown on Final Development Plans. (Mitigation Measure # 5.7-2a)
14.
The proposed project shall comply with Title 24 of the California Code of Regulations
established by the Energy Commission regarding energy conservation standards. The
project applicant shall incorporate the following in building plans, subject to the review and
approval of the City:
S:t. ZoneChangetz4191cctzciex4-conditi~s. wpd
February 21, 2001
Exhibit "4"
ZC P00-0419 Conditions
Page 5
· solar or Iow-NOx emission water heaters shall be used;
· central water heating systems shall be used;
· double-paned glass shall be used in all exterior windows;
· energy-efficient Iow-sodium parking lot lights shall be used; and
· install energy-efficient and automated air conditioners.
(Mitigation Measure # 5.7-2b)
Air Quality - Cumulative Impacts
15.
Cumulative development would create a significant and unavoidable air quality impact in the
region. Mitigation measures beyond those contained in applicable plans and policies would be
implemented on a project-by-project basis.(Mitigation Measure #5.7-4)
Biological Resources
16.
Habitat Conservation fees for the project shall be calculated based on the fee in effect at the time
payable to the Planning Department prior to the issuance of an urban development permit as
defined in the Implementation/Management Agreement for the Metropolitan Bakersfield Habitat
Conservation Plan. Upon payment of fees, the applicant shall receive acknowledgment of
compliance with the Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation Measure #
5.8-1a)
17.
*Note: A portion of the fees have been paid for the project site.
The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP
guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in
dens. Specific measures during the construction phase of the project shall be implemented and
include the following:
· a preconstruction survey shall be conducted on the site prior to site grading to search for
native kit fox dens;
· all pipes, culverts or similar structures with a diameter of four inches or greater shall be kept
capped to prevent entry of kit fox. If they are not capped or otherwise covered they shall be
inspected daily prior to burial or closure to ensure no kit foxes, or other protected species,
become entrapped;
· excavations shall either be constructed with escape ramps or be covered to prevent
entrapment, or the site(s) could be protected during construction, such as with a wildlife
exclusion fence, which would eliminate the possibility of ranging animals from being harmed
during construction; and
· all food, garbage, and plastic shall be disposed of in closed containers and regularly removed
from the site to minimize attracting ranging kit fox or other animals.
With the exception of Burrowing owls (see following mitigation measure), impacts to special-
status species on the project site are covered under the terms and conditions of the MBHCP and
associated Implementing Agreement. The compensation and avoidance requirements of the
MBHCP proposed as part of this project are consistent and follow an ecosystem management
approach for endangered species and all other potentially occurring special-status species.
(Mitigation Measure # 5.8-1b) ~ ~ ~'
S:[ZoneChangetz419tcc~clex 4.conditions, wpd
February 21, 2001 ~.
Exhibit "4"
ZC P00-0419 Conditions
Page 6
18.
Prior to grading plan approval for the 64-acre site, the project applicant shall comply with the
following Burrowing owl mitigation requirements:
if grading on the 64-acre site is proposed to occur during the Burrowing owl nesting season
(March 1 through August 15), a preconstruction survey of the site for Burrowing owl nests
shall be conducted by a qualified biologist prior to grading activities in order to ensure no
Burrowing owls have moved into on-site squirrel burrows and to identify active nests in areas
potentially impacted by project implementation.
if construction is proposed to take place during the Burrowing owl nesting season, no
construction activity shall take place within 500 feet of an active nest until the young have
fledged (as determined by a qualified raptor biologist). Trees containing nests that must be
removed as a result of project implementation shall be removed during the non-breeding
season (August 16 through February).
If construction is initiated during the nesting season and active eggs or nests were identified in
the preconstruction survey, the applicant shall consult with the U.S. Fish and Wildlife Service and
California Department of Fish and Game to conduct issuance of a Migratory Bird Permit and
burrow closure prior to the nesting season. (Mitigation Measure # 5.8-1c)
19.
The presence of any previously unidentified protected species which are not addressed in the
MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be
avoided and evaluated by a qualified biologist prior to construction. The Fish & Wildlife Service
(USFVVS) and California Department of Fish & Game (CDFG) should be notified of previously
unreported protected species. Any unanticipated take of protected wildlife shall be reported
immediately to the CDFG and USFWS. (Mitigation Measure # 5,8-1d)
Cultural Resources
20.
If archeological or paleontological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the developer shall retain a qualified
archaeologist to evaluate the significance of the finding and appropriate course of action.
Salvage operation requirements in Appendix K of the California Environmental Quality Act
Guidelines shall be followed and the treatment of discovered Native American remains shall
comply with State codes and regulations of the Native American Heritage Commission.
(Mitigation Measure # 5.9-1 )
Fire Services
21.
Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet 6 inches. (Mitigation Measure # 5.10-2a)
22.
Fire apparatus access roads shall be designed and maintained to support the imposed loads of
fire apparatus and shall be provided with a surface so as to provide all-weather driving
capabilities.(Mitigation Measure #5.10-2b)
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February 21, 2~01
Exhibit "4"
ZC P00-0419 Conditions
Page 7
23.
Fire lanes shall be provided along the front of all shopping complexes and all other buildings
other than dwellings when any part of said complex or building is more than 150 feet from a
public street(Mitigation Measure #5.10-2c )
24.
Fire lanes shall be located as determined by the Chief, and shall not be less than 20 feet in width,
with turning radiuses of not less than 25 feet in width, and have a clear height of not less than 13
feet, 6 inches. (Mitigation Measure # 5.10-2d)
25.
Fire hydrants shall be "Double Fours" (2, 4-inch outlets) and be placed approximately 330 feet
continuously around shopping center with structures no more than 150 feet from a hydrant. Exact
location to be shown on improvement plans as approved by the Fire Department.(Mitigation
Measure # 5.10-2e)
26.
Standpipes may be required or used in lieu of fire hydrants within the canal access area to be
determined by the Fire Chief.(Mitigation Measure # 5.10-2f)
27.
Fire flow requirements shall be 4,500 gallons per minute or as otherwise determined by the Fire
Chief.(Mitigation Measure # 5.10-2g)
28. All buildings shall be equipped with an automatic sprinkler system.(Mitigation Measure #5.10-2h)
29.
The Colony Street bridge over the Arvin-Edison Canal shall be in place and usable before
construction begins. A temporary access road (subject to City Standards and approval) may be
accepted along the south side of the canal and the north side of the project to South "H" Street in
lieu of bridge completion.(Mitigation Measure #5.10-2i )
DISCRETIONARY CONDITIONS
PUBLIC WORKS (carried over from Grand Canal Droiect)
30.
Prior to submitting any improvement plans to the City Engineer for his review, the applicant shall
provide notification of the development to Golden Empire Transit (GET) by certified mail, with the
request for proposed bus turnout locations to be indicated by GET with locations to be submitted
to the City Engineer. Verification of the mailing will be provided to the City Engineer, and if no
response is received from GET by the City within 30 days after notification, it will be assumed the
proposed design is acceptable to GET.
The applicant shall construct bus turnouts as required by GET through consultation with the
applicant and as approved by the City Engineer. Verification of GET's requirements, if any, shall
be provided to the City Engineer prior to review of improvement plans.
31.
Concurrently with submission of the first Site Plan Review on the project site or creation of the
parcels to facilitate development of the project, whichever occurs first, applicant/developer shall
submit evidence that access has been granted across private property (from the dedicated
portion of Colony Street across private property and the Arvin-Edison Canal to the site.)
S:tZoneChangetz4191cctzclex4-conditions. wpd
February21, 2001
Exhibit "4"
ZC P00-0419 Conditions
Page 8
32.
Prior to issuance of a building permit or creation of the parcels to facilitate development of the
project, whichever occurs first, applicant/developer shall provide the following:
32.1 Provide approved documentation (C.C. & R.s and Property Owner's Association By-Laws)
for the use and maintenance of off-site common, shared facilities (the access road, sewer
system, drainage system, etc.).
32.2 Provide approved plans and profiles for the access road and canal crossing, and submit
documentation that Colony Street will be a private, non-publicly maintained road. Include
road maintenance plan.
32.3 Submit engineered improvement plans to be reviewed and approved by the City
Engineer. All public improvements shall be constructed to City standards, including but
not necessarily limited to landscaped median island on South H Street, street paving,
curb & gutter, drainage improvements, minimum 5.5' wide sidewalk, street lights on South
H Street, Berkshire Road, and the private access road. Street improvements will include
off-site construction for necessary paving transitions, street widening, etc, as required by
the City Engineer.
33. Prior to review of improvement plans by the City, the applicant/developer shall submit:
33.1 a grading plan for the site to be reviewed and approved by the City Engineer.
Grading plan shall be submitted in 24" x 36" format.
33.2 a preliminary soil report covering the entire subdivision, with
33.2.1 R values, and engineering calculations to justify the paving structural sections
proposed.
33.2.2 percolation tests to ensure the retention basin will operate as designed.
33.3 a preliminary engineer's estimate.
33.4 plan check and inspection fees based on the preliminary engineer's estimate.
34. Prior to the City Engineer's approval of improvement plans, the applicant/developer shall:
34.1 Provide minimum dedication for street purposes on South H Street to 70' west of the
section line.
34.2 Provide additional dedication for right turn deceleration lanes on South H Street.
34.3 Provide additional dedication on Berkshire Road west of South H Street to allow
construction to the full width collector-arterial intersection standard.
35.
S :tZoneChangetz419~ctzctex4-conditions. wpd
February 21, 2001
Prior to final acceptance of the sewer system, all lines shall be inspected with video equipment
designed for this purpose and as approved by the City Engineer. The television camera shall
have the capability of rotating 3600, in order to view and record the top and sides of the pipe, as
required. The video inspection shall be witnessed by the City's construction inspector (or
applicant's engineer for the private system), who will also initial and date the "Chain of Custody"
form. The applicant shall immediately notify City of any pipe locations revealed to be not in
compliance with the specifications. A recorded video cassette, completed "Chain of Custody"
form, and a written log (which includes the stationing, based on the stationing of the approved
plans, of all connected laterals) of the inspection shall be provided for viewing and shall be
approved by the City Engineer prior to acceptance of publicly maintained facilities and .approval
of the private facilities. After acceptance/approval of the system, the video cassette, forms, and
logs shall become the property of the City.
Exhibit "4"
ZC P00-0419 Conditions
Page 9
36.
The developer is required to construct an improvement which is on the facilities list for the
Metropolitan Bakersfield Transportation Impact Fee. The developer shall receive credit against
his traffic impact fees for this project. This credit is not available until the improvement has been
constructed by the developer and accepted for maintenance by the City. Any building permit
issued prior to this acceptance shall pay the full impact fee.
PLANNING DEPARTMENT
37.
Prior to recordation of a final map or issuance of a building permit, whichever occurs first,
developer shall record a reciprocal parking and access easement or covenant encompassing the
entire project site.
Police power for orderly development and provide for the public health, welfare and safety.
38.
Prior to or concurrently with approval of final development plans for the project,
applicant/developer shall submit application for a comprehensive sign plan for the project and
have obtained approval of the sign plan from the Planning Commission.
Police power for orderly development and provide for the public health, welfare and safety.
AD HOC COMMITTEE
39.
A consistent landscape theme shall be observed throughout the site and apply to all uses and
associated parking areas.
40.
A uniform architectural theme using common architectural elements, while concurrently allowing
for national "big box" retailers to establish their identity, shall be observed throughout the site for
structures two stories in height or less.
41.
The first site plan review for any proposed project on the subject property shall be reviewed and
approved by the Planning Commission at a noticed public hearing. Such site plan approval shall
contain all information required under Bakersfield Municipal Code Section 17.08.080 (A) and
shall incorporate the conditions of approval adopted herein. Furthermore, the applicant shall
provide to the Commission for its review and approval the landscape theme and architectural
theme with accompanying architectural elements required by conditions 39 and 40. For each
subsequent site plan review, the Development Services Director shall ensure that the proposed
landscape and architectural themes substantially comply with those themes approved by the
Planning Commission at the first site plan review.
Freeway 99 Aesthetics
42.
Structures along Freeway 99 shall be designed to provide architectural relief through the use of
building staggering, facade relief and/or entry way design. The purpose of this condition is to
provide attractive architectural variation and interest for the site.
43.
S:tZoneChange[z419~:c[zc[ex4-conditions. wpd
February 21, 2001
Structures adjacent to Freeway 99 shall be arranged to allow visual penetration to the interior of
the 64-acre center.
Exhibit "4"
ZC P00-0419 Conditions
Page 10
44.
A minimum 45 foot building setback shall be observed from the west property line adjacent to
Freeway 99. (45 feet includes the required 25 foot landscape strip and 20 foot minimum fire
lane.)
45.
All loading docks and trash collection/recycling areas shall be architecturally screened from view
from Freeway 99.
Berkshire Road Aesthetics
46.
Loading docks and trash collection/recycling areas shall be screened from view from residential
areas south of the project area.
47.
Structures on the south side of the project area shall be set back 63 feet from the south property
line. (63 feet includes the required 25' landscape strip, 1 tier of 90 degree parking and a 2-way
drive aisle. This would result in a 153 foot separation from the buildings to the residential
property line on the south side of Berkshire Road.)
48.
A pedestrian friendly entrance to the center utilizing special pavers, landscaping and building
orientation shall be provided for the residential neighborhood to the south. Conceptual plan
approval shall be obtained with first site plan review.
Parking Lot
49.
Parking areas shall be divided into sections of less than 400 spaces. Each section shall be
separated by enhanced landscaping and pedestrian friendly walkways to funnel users to
businesses.
S:[ZoneChangetz4191cctzc~ex4-conditions. wpd
Februaq/ 21, 2001
EXHIBIT "5"
STATEMENT OF FACTS AND FINDINGS
Galeway Zone Change #P00-0419
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT,
FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS
IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED GATEWAY
PROJECT
I. INTRODUCTION
The California Environmental Quality Act (CEQA) Public Resoumes Code Section 21081, and the CEQA
Guidelines Section 15091 provide that:
"No public agency shall approve or carry out a project for which an environmental impact
report has been certified which identifies one or more significant effects of the environment that
would occur if the project is approved or carried out unless the public agency makes one or mare
of the following findings:
Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be. adopted by that other agency.
Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the final environmental impact report."
The Final EIR for the Gateway project identifies certain significant environmental effects which may occur
as a result of the project. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA
Guidelines. As certain significant impacts cannot be reduced to less than significant levels, a Statement of
Overriding Considerations is provided. The Summary of Mitigation Measures, is based in part on the
requirements contained in Section 21081.6 of the Public Resources Code. A Mitigation Monitoring Program
will be adopted as part of the project Resolution.
II. PROJECT SUMMARY
The 64-acre site is situated on the east side of State Route (SR) 99, west of South "H" Street, north of the
Berkshire Road alignment and south of the Arvin-Edison Canal. The request is a zone change (#P0043419)
from a PCD (Planned Commercial Development) zone consisting of development of the 555,000 square foot
destination shopping center entitled "The Grand Canal" to a 555,000 square foot (leasable area) mixed use
retail commercial shopping center, entitled, "The Gateway Shopping Center."
Primary access to the site is proposed to be from Panama Lane, located north of the project site, accessing
through Colony Street. Colony Street is to be extended from its existing southern terminus across the Arvin-
Edison Canal as a private street. Other driveway access is proposed from both South "H" Street and
Berkshire Road.
Exhibit "5"
Facts and Findings
Page 2
III. FINDING~ WITH RESPECT TO SIGNIFICANT EFFECTS
The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and considered the
information contained in the Final EIR prepared for the Gateway Project and the public record. The Lead
Agency makes the following findings, pursuant to CEQA and CEQA Guidelines:
The City of Bakersfield, as Lead Agency and decision-maker, having reviewed and
considered the information contained in the Final EIR prepared for the Gateway Project and
the public record, finds that changes or alterations to the project will avoid or substantially
lessen potentially significant environmental impacts. These changes or alterations are related
to the implementation of the mitigation measures detailed in the Summary of Mitigation
Measures of this document.
The City of Bakersfield, as Lead Agency and decision-maker, having reviewed and
considered the information contained in the Final EIR prepared for the Gateway Project and
the public record, finds that there are specific economic, social, or other considerations which
make the mitigation measures for Air Quality contained in the Final EIR infeasible.
The City of Bakersfield, as Lead Agency and decision-maker, finds that significant and
unmitigable cumulative impacts on air quality may occur with future development projects in
conjunction with the Gateway Project. This finding requires that the Lead Agency issue a
"Statement of Overriding Considerations" under Section 15093 and 15126 (b) of the State
CEQA Guidelines if the Lead Agency wishes to proceed with approval of the project.
IV. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL REVIEW PROCESS
The City of Bakersfield, acting as Lead Agency for the environmental review of the project, makes the
following findings with regard to the environmental review process undertaken to analyze the potential
environmental impacts of the project:
Although having determined that an EIR would be prepared to address the project, in accord
with Section 15063(a) of the State CEQA Guidelines, as amended, the City of Bakersfield as
Lead Agency undertook the preparation of an Initial Study. The completed Initial Study
determined that a number of environmental issue areas may be impacted by the construction
and operation of the project. Furthermore, the Lead Agency determined that an EIR would be
prepared to address the project's potential impacts on those environmental issue areas
identified in the Initial Study requiring further analysis.
On January 28, 1998, the City of Bakersfield City Council certified the Grand Canal
Environmental Impact Report (EIR) (SCH # 1997071023).
In accordance with CEQA Guidelines Section 15153, the City of Bakersfield, as Lead
Agency, is proposing to use the Grand Canal GPA/ZC #P97-0133 EIR for a later project
(proposed Gateway Zone Change #P00419) based on an Initial Study which shows that the
previous EIR adequately describes the later project's setting, impacts, alternates and
mitigation measures, and the later project is essentially the same as the earlier project and
results in similar environmental impacts.
Exhibit "5"
Facts and Findings
Page 3
Pursuant to Section 15153 of the California Environmental Quality Act (CEQA) the City of
Bakersfield, the Grand Canal EIR does not need to re-circulated for review. The Grand Canal
EIR was made available for public review in the Development Services building at 1715
Chester Avenue, Bakersfield CA 93301.
During the Draft EIR's public review period for the Gateway project which began on
November 22, 2000 and concluded on January 5, 2001, the Bakersfield Planning Commission
held a noticed public hearing at regularly-scheduled meeting of December 21, 2000 to receive
input on the adequacy of the Draft EIR. The public was afforded the opportunity to orally
comment on the Draft EIR at the public hearing, and the testimony was considered by the
decision-makers. Upon the close of the public review period, the Lead Agency proceeded to
evaluate and prepare responses to all comments received from both citizens and public
agencies during the public review period.
The aforementioned comments and responses and other information consistent with the
requirements of Section 15132(b)(c)(d)(e) of the State CEQA Guidelines, as amended,
coupled with the Grand Canal Final EIR, and the initial Study prepared for the Gateway
Zone Change (#P00-0419), comprises the Final EIR. Following completion of the
Responses to Comments document, the Lead Agency's responses to the comments received
from public agencies were transmitted to those public agencies for consideration at least 10
days prior to the Final EIR's certification.
V. FINDINGS WITH RESPECT TO THE ENVIRONMENTAL ANALYSIS
The City of Bakersfield, acting as Lead Agency for the environmental review of the project, finds that
changes or alterations must be incorporated into the project in the form of mitigation measures in order to
avoid or substantially lessen potentially significant environmental effects as identified in the Final EIR.
Issues analyzed in the Final EIR included land use and relevant planning; agriculture, public health and
safety, aesthetics/light and glare, traffic and circulation, noise, air quality, biological resoumes, cultural
resources and public services and utilities. This section documents the Lead Agency's findings with respect
to the environmental analysis, the facts in support of the findings, and those changes and alterations that have
been made to the project to reduce or eliminate potentially significant effects.
Public Health and Safety
Potential Impacts
No significant impacts with regard to Public Health and Safety considerations have been identified due to
implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts
identified prior to mitigation are as follows:
Agricultural Use of Prooertv
5.3-1
Due to the historic use of the site for agricultural purposes, there is a potential for pesticide
residues to be present in the shallow soil of the project site. Significance: Potentially
Significant Impact. Compliance with local and State requirements and required mitigation
would reduce impacts to less than significant levels.
Exhibit "5"
Facts and Findings
Page 4
Valley Fever
5.3-4
Grading of the project site could lead to the release of fugitive dust and spores causing Valley
Fever. Significance: Potentially SigniJ~tcant Impact. Compliance with required mitigation
measures would reduce potential impacts to less than significant levels.
Finding
(a)
Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Public Health and Safety that can be feasibly avoided have been eliminated
or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final
EIR and incorporated into the project, as set forth in the summary of mitigation measures. Applicable
mitigation measures include: 5.3-1, 5.3-4a, and 5.3-4b.
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential health and safety impacts to less
than significant levels.
Aesthetics/Light and Glare
Potential Impacts
No significant impacts with regard to Aesthetics/Light and Glare considerations have been identified due to
the proposed implementation of mitigation measures identified in the Final EIR and incorporated into the
project. Impacts identified prior to mitigation are as follows:
Short-Term Aesthetic Imnacts
5.4-1
Grading and construction of the proposed project site would temporarily alter the visual
appearance of the property. $igniftcance: Potentially Signiftcant Impact. Impacts are
considered to be short-term; would cease upon completion of construction activities and
would be reduced to less than significant levels with implementation of the required
mitigation measure.
Lone-Term Aesthetic Imoacts
5.4-2
Project implementation would permanently alter views of and across the site. Signiftcance:
Potentially Signiftcant Impact. Implementation of required mitigation measures would
reduce impacts to a less than signiftcant level
Exhibit "5"
Facts and Findings
Page 5
Lieht and Glare
5.4-3
The project would generate additional light/glare beyond existing conditions due to on-site
security and operational lighting. Significance: Potentially $igniflcant Impact.
Compliance with City codes and required mitigation would reduce potential impacts to less
than significant levels.
Finding
(a)
Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Aesthetics/Light and Glare that can be feasibly avoided have been
eliminated or substantially lessened to less than significant by virtue of the following mitigation measures
identified in the Final EIR, as set forth in the Summary of Mitigation Measures. Applicable mitigation
measures include: 5.4-1, 5.4-2a, 5.4-2b, 5.4-2c, 5.4-2d, 5.4-2e, 5.4-2f and 5.4-3.
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential aesthetic/light and glare impacts
to less than significant levels.
Traffic and Circulation
Potential Impacts
No significant impacts with regard to Traffic and Circulation have been identified due to proposed
implementation of mitigation measures identified in the Final E1R and incorporated into the project. Impacts
identified prior to mitigation are as follows:
Trip Generation and Distribution
5.5-1
The proposed project would generate additional trips on the adjacent roadways, thus
degrading the level of service at intersections and roadway segments identified below.
Significance: Potentially Significant Impact. Impacts would be reduced to less than
significant levels with implementation of roadway improvements pursuant to the
requirements of the Metropolitan Bakersfield Transportation Impact Fee Program.
Alternate Forms of Transit
5.5-4
Project implementation would result in the need for additional bus transit services to and
from the site. Significance: Potentially Significant Impact. Impacts would be mitigated to
a less than significant level with construction of a bus turnout to serve the project site (see
required mitigation measure).
Exhibit "5"
Facts and Findings
Page 6
Finding
(a) Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Traffic and Circulation that can be feasiblely avoided have been eliminated
or substantially lessened to less than significant by virtue of the mitigation measures identified in the Final
EIR, as set forth in the Summary of Mitigation Measures. Applicable mitigation measures include: 5.5-1a,
5.5-1b, and 5.5-4.
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential traffic and circulation impacts to
less than significant levels.
Noise
Potential Impacts
No significant impacts with regard to Noise have been identified due to proposed implementation of
mitigation measures identified in the Final EIR and incorporated into the project. Impacts identified prior to
mitigation are as follows:
Commercial Noise Impacts
5.6-3 The proposed commercial uses may create noise related to loading docks within 200feet of
adjacent sensitive receptors, such as residentially zoned property. . Significance: Potentially
Significant Impact. Future residences to the south of the site may be exposed to noise levels
which exceed City noise standards. Implementation of required mitigation measures would
reduce impacts to a less than signiftcant level
Finding
(a) Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Noise that can be feasibely avoided have been eliminated or substantially
lessened to less than significant by virtue of the mitigation measures identified in the Final EIR and
incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation
measure include: 5.6-3.
Exhibit "5"
Facts and Findings
Page 7
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential noise impacts to less than
significant levels.
Air Quality
Potential Impacts
The project as it is currently proposed would result in impacts that remain significant following mitigation for
NOx emissions from construction exhaust as well as ROG and NOx emissions from project-related vehicular
trips. The project would not be consistent with the Air Quality Management Plan and cumulative impacts
would result in significant and unavoidable impacts to regional air quality levels. Impacts identified prior to
mitigation are as follows:
Short-Term Air Oualitv Imoacts
5.7-1
Significant short-term air quality impacts would occur during site preparation and project
construction. Significance: Impacts from NOx construction equipment exhaust emissions
would be significant before and after mitigation; emissions of other pollutants would be
less than significant.
Long-Term Air Quality Impacts
5.7-2
The project would result in an overall increase in the local and regional pollutant load due to
direct impacts from vehicle emissions and indirect impacts from electricity and natural gas
consumption. Signiftcance: Impacts would be signiftcant before and after mitigation for
ROG and NOt emissions from mobile sources; emissions of other pollutants would be less
than signiftcant.
Consistency with Air Oualitv Attainment Plan
5.7-3
The proposed project would not be consistent with the San Joaquin Valley Unified APCD's
Air Quality Attainment Plan. Significance: As the project would not be consistent, a
significant impact would occur.
Cumulative Impacts
5.7-4
Impacts to regional air quality resulting from development of cumulative projects would
significantly impact existing air quality levels. Signiftcance: Impacts would be significant
and unavoidable.
Finding
(a)
Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significance of environmental effects as identified in the Final EIR.
Exhibit"5"
Facts and Findings
Page 8
Specific economic, social, technical or other considerations make infeasible the project alternatives
identified in the Final E1R.
(c)
Facts in Support of Finding
As identified in the Final EIR, the project would result in air quality impacts that remain significant following
mitigation. Significant environmental impacts that could feasiblely be avoided have been eliminated or
substantially lessened by virtue of mitigation measures 5.7-1a, 5.7-1b, 5.7-2a and 5.74.
Level of Significance after Mitigation
The following air quality impacts would remain significant following mitigation:
· NOx emissions from construction exhaust; and
· ROG and NOx emissions from project-related vehicular trips.
The project would not be consistent with the Air Quality Management Plan, thus, resulting in a significant
long-term impact. Cumulative development would also result in significant and unavoidable impacts to
regional air quality levels.
As this is a significant and unavoidable impact, the City of Bakersfield has adopted a Statement of Overriding
Considerations in accordance with Section 15093 of CEQA.
Biological Resources
Potential Impacts
No significant impacts with regard to Biological Resources have been identified due to the proposed
implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts
identified prior to mitigation are as follows:
Permanent Reolacement of Site Veeetation and Habitat
Finding
(a)
5.8-1
Project construction would permanently replace 65. 73 acres of undeveloped land with urban
development. Construction of the sump collection facility may result in a loss of habitat for
the San Joaquin kit fox, Tipton kangaroo rat and blunt nose lizard, including an existing
raptor feeding roost. Significance: Potentially Significant Impact. Mitigation in
accordance with the MBHCP requirements and mitigation measures as set forth in this
EIR would reduce impacts to less than significant levels.
Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Exhibit "5"
Facts and Findings
Page 9
Facts in Support of Finding
All significant impacts regarding Biological Resources that can be feasibly avoided have been eliminate or
substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR
and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation
measures include: 5.8-1a, 5.8-1b, 5.8-1c and 5.8-1d.
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential biological resources impacts to
less than significant levels.
Cultural Resources
Potential Impacts
No significant impacts with regard to Cultural Resources have been identified due to the proposed
implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts
identified prior to mitigation are as follows:
Impacts to On-Site Resources
5.9-1 Grading and excavation activities may result in impacts to undocumented archeological
resources. Significance: Potentially Significant Impact. Mitigation measures which
include inspections and monitoring would reduce the significance of impacts to less than
significant levels.
Finding
(a) Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Cultural Resources that can be feasibly avoided have been eliminated or
substantially lessened to less than significant by virtue of the mitigation measures identified in the Final EIR
and incorporated into the project, as set forth in the Summary of Mitigation Measures. Applicable mitigation
measures include 5.9-1.
Level of Significance after Mitigation
Implementation of the required mitigation measure would reduce potential cultural resources impacts to less
than significant levels.
Exhibit "5"
Facts and Findings
Page 10
Public Services and Utilities
Potential Impacts
No significant impacts with regard to Public Services and Utilities have been identified due to the proposed
implementation of mitigation measures identified in the Final EIR and incorporated into the project. Impacts
identified prior to mitigation are as follows:
Fire Services
5.10-2 Project implementation would increase demand for fire protection services. Significance:
Potentially Signifleant Impact. Compliance with fire safety requirements and required
mitigation measures would reduce impacts to a less than significant level
Finding
(a)
Changes have been required in, or incorporated into the project which avoid or substantially lessen
the significant environmental effects as identified in the Final EIR.
Facts in Support of Finding
All significant impacts regarding Public Services and Utilities that can be feasibly avoided have been
eliminated or substantially lessened to less than significant by virtue of the mitigation measures identified in
the Final E1R and incorporated into the project, as set forth in the Summary of Mitigation Measures.
Applicable mitigation measures include: 5.10-2a, 5.10-2b, 5.10-2c, 5.10~2d, 5.10-2e, 5.10-2f, 5.10-2g, 5.10-
2h and 5.10-2i.
Level of Significance after Mitigation
Implementation of the required mitigation measures would reduce potential public service and utility impacts
to less than significant levels.
S:XZoneChange~z419xccXzc~EX5-fact-findings. wpd
February 21, 2001
EXHIBIT "6"
STATEMENT OF OVERRIDING CONSIDERATIONS
Gateway Zone Change #P00-0419
Pursuant to Section 15093 of the CEQA Guidelines, decision-makers are required to balance the
benefits of a project against its unavoidable environmental risks in determining whether to approve a
project. In the event the benefits of a project outweigh the unavoidable adverse effects, the adverse
environmental effects may be considered "acceptable." The CEQA Guidelines require that, when a
public agency allows for the occurrence of significant effects which are identified in the Final EIR but are
not at least substantially mitigated, the agency shall state in writing the specific reasons the action was
supported. Any statement of overriding considerations should be included in the record of project
approval and should be mentioned in the Notice of Determination.
To the extent the significant effects of the project are not avoided or substantially lessened to a level of
insignificance, the City of Bakersfield, having reviewed and considered the information contained in the
Final Environmental Impact Report for the project, and having reviewed and considered the information
contained in the public record, and having balanced the benefits of the project against the unavoidable
effects which remain, finds that such unmitigated effects to be acceptable in consideration of the
following overriding considerations discussion.
The City finds that all feasible mitigation measures have been imposed to lessen project impacts to less
than significant, and furthermore, that alternatives to the project are infeasible because they have
greater environmental impacts, do not provide the benefits of the project, or are otherwise socially or
economically infeasible as fully described above.
The environmental analysis undertaken for the Zone Change P00-0419 indicated the project would
result in contributions to air quality impacts that would represent a significant adverse environmental
effect on a project and cumulative basis. Furthermore, the analysis indicated that while mitigation
measures would be effective in reducing the level of impact, the project's emissions would still contribute
to a violation of state and federal clean air standards.
The City of Bakersfield, as Lead Agency and decision-maker for the project, has reviewed and
considered the information contained in both the Draft and Final EIRs prepared for the Zone Change
P00-0419 project and the public record. The project benefits include the following:
An increase in local tax revenues.
An increase in employment opportunities.
A retail shopping center for south Bakersfield.
The Lead Agency makes the following finding, pursuant to Section 15093 of the CEQA Guidelines, with
regard to the Statement of Overriding Considerations for Zone Change P00-0419.
California Administrative Code, Title 14, Section 15093(a) states: "If the benefits of a
proposed project outweigh the unavoidable adverse environmental effects, the adverse
environmental effects may be considered 'acceptable'." Based on the above discussion
and on the evidence presented, the City of Bakersfield therefore finds that the benefits of
the proposed project outweigh the adverse air quality impacts associated with Zone
Change P00-0419, which can not be eliminated or reduced to a level less than significant.
S:tZoneChangelz419iccl. zclEx6-Overide, wpd (February21,2001)
FINAL EIR MITIGATION MEASURES SUMMARY
(Updated for Gateway Project (February 21, 2001)
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURES~TATEMENT
Land Use and Relevant Planning
Land Use Compatibility
5.1-1
Implementation of the proposed project may
result in potential land use compatibility
impacts. Significance: Potentially significant
impact. Impacts are reduced to less than
significant levels with implementation of local
ordinances which address mitigation for noise,
traffic, and aesthetic impacts (refer to
appropriate Sections of this EIR).
Physical Impacts from Economic and Social Effects
5.1-2
The proposed project may result in physical
impacts on the environment from the economic
effects of the project. Significance: Analysis
has concluded that impacts are less than
significant in accordance with the review
criteria contained in Section 15131 of CEQA.
Relevant Planning Policies
5.1-3
The proposed project would require a Zone
Change, Significance: Analysis has concluded
that impacts to City policy documents are less
than significant and no mitigation is required.
The proposed project may be inconsistent with
goals and policies as set forth in the
Metropolitan Bakersfield 2010 General Plan,
5.1-1
No mitigation measures are required. Project
development shall be in accordance with the design and
policy standards as set forth by the City of Bakersfield.
5.1-2 No mitigation measures are required.
5.1-3
No mitigation measures are required. Development of
the project shall require consultation and acquisition of
required permits and/or approvals by responsible and
trustee agencies which have jurisdiction over the project
site.
5.1-4 No mitigation measures are required.
EXHIBIT "7" (22 pages)
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Section 5.7, Air Quality, has concluded a
significant impact due to the project's
inconsistency with the San Joaquin Valley
Unified APCD's Air Quality Attainment
Plan.
No additional significant impacts for Land
Use and Relevant Planning have been
identified.
IMPACT STATEMENT AND SIGNIFICANCE
Significance: Analysis has concluded that
impacts are less than significant and no
mitigation is required.
MITIGATION MEASURES/STATEMENT
LEVEL OF SIGNIFICANCE
AFl'ER MITIGATION
Consistency with Environmental Plans
5.1-5
Implementation of the proposed project may be
inconsistent with urea wide environmental
plans. Significance: Potentially Significant
Impact. As discussed in Section 5.7, Air
Quality, the project would not be consistent
with the San Joaquin Valley [lnified APCD Air
Quality Attainment Plan. No additional
significant impacts beyond the conclusion
rendered in Section 5.7 have been identified.
Cumulative Impacts
5.1-6
The proposed project, combined with other
future development, may increase the intensity
of land uses in the urea. Significance: Analysis
has concluded that impacts are less than
significant and no mitigation is required.
Evaluations are conducted in accordance with
the Metropolitan Bakersfield 2010 General Plan
and EIR and on a project-by-project basis.
5.1-5 No mitigation measures are required.
5.1-6 No mitigation measures are required.
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AICI~ER MITIGATION
Agriculture
Loss of Agricultural Land
5.2-1
Development of the proposed project would
result in the loss of 65.73 acres of Class I and II
irrigated agricultural land. Significance: No
significant impacts beyond the analysis
contained in the Metropolitan Bakersfield 2010
General Plan EIR. Previously identified as a
significant unavoidable impact in the
Metropolitan Bakersfield 2010 General Plan
EIR.
Conflicts Between Proposed Uses and Nearby
Agricultural Activities
5.2-1 No mitigation measures are required.
No significant impacts beyond the
assumptions/conclusions contained in the
Metropolitan Bakersfield2OlOGeneraI Plan
EIR would occur for agricultural resources.
5.2-2
Commercial tenants and customers on-site may
be impacted by nearby farming activities, which
may include noise associated with harvesting,
blowing dust and pesticide applications. Future
commercial uses may also creale impacts on
farming operations due to the potential for
trespassing associated with visitors to the
project site. Significance: Potentially
Significant Impact. Compliance with local,
State and Federal policies and standards would
reduce impacts to less than significant levels.
5.2-2 No mitigation measures are required.
3
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AKi'ER MITIGATION
Cumulative Impacts
5,2-3
Cumulative development resulting from build
out of the Metropolitan Bakersfield 2010
General Plan, would result in the cumulative
loss of agricultural uses. Future projects would
contribute to the reduction of agricultural land.
Significance: No significant impacts beyond
the analysis contained in the Metropolitan
Bakersfield 2010 General Plan EIR. Previously
identified as a significant unavoidable impact in
the Metropolitan Bakersfield 2010General Plan
EIR.
Public Health and Safety
Agricultural Use of Property
5.3-1
Due to the historic use of the site for
agricultural purposes, there is a potential for
pesticide residues to be present in the shallow
soil of the project site. Significance: Potentially
Significant Impact. Compliance with local and
State requirements and required mitigation
would reduce impacts to less than significant
levels.
5.2-3 No mitigation measures are required.
5.3-1
Prior to grading plan approval, the project applicant
shall perform soil tests to determine concentrations of
pesticide and fungicide residues which may be present
within the project site. Should contaminant levels be in
excess of acceptable Federal, State and/or County
levels, the project applicant shall identify and implement
remedial action, subject to approval by the City of
Bakersfield and responsible regulatory agencies to
reduce contaminants to acceptable levels.
*NOTE: This mitigation measure has been satisfied.
Implementation of the required mitigation
measures would reduce potential health and
safety impacts to less than significant levels.
4
IMYACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFl'ER MITIGATION
Hazardous Material Users/Facilities
5.3-2
Development of the site would introduce
hazardous materials to the project site.
However, hazardous materials would typically
involve "household" chemicals commonly
found in a grocery store and/or commercial
uses. Significance: Potentially Significant
Impact. Compliance with State and applicable
local regulations would reduce potential impacts
to less than significant levels.
Valley Fever
5.3-4
Grading of the project site could lead to the 5.3-4a
release of fugitive dust and spores causing
Valley Fever. Significance: Potentially
Significant Impact. Compliance with required 5.3-4b
mitigation measures would reduce potential
impacts to less than significant levels.
Public Safety
Cumulative Impacts
5.3-6
Future development within the study area is
subject to Federal, State and local compliance
regulations regarding the treatment, storage and
clean-up of hazardous materials. Significance:
Potentially Significant Impact. Compliance with
Federal, State and local requirements on a
project-by-project basis would reduce
cumulative impacts to a less than significant
level.
5.3-2 No mitigation measures are required.
Refer to Section 5.7, Air Quality, regarding fugitive dust
mitigation measures.
All areas with bare soil exposed as a result of grading
activities shall be landscaped at the earliest time
possible or stabilized by watering when winds exceed
25 miles per hour in order to reduce the potential
inhalation of spores causing Valley Fever.
5.3-6 No mitigation measures are required.
5
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Aesthetics/Light and Glare
Short-Term Aesthetic Impacts
5.4-1
Grading and construction of die proposed
project site would temporarily alter the visual
appearance of the property. Significance:
Potentially Significant Impact. Impacts are
considered to be short-term; would cease upon
completion of construction activities and would
be reduced to less than significant levels with
implementation of the required mitigation
Long-Term Aesthetic Impacts
5.4-2
Project implementation would permanently aller
views of and across the site. Significance:
Potentially Significant Impact. Implementation
of required mitigation measures in addition to
local landscape ordinances would reduce
impacts to a less than significant level.
5.4-1
5.4-2a
Construction equipment staging areas shall be located
away from existing residential uses and appropriate
screening (i.e., temporary fencing with opaque
material), used to buffer views of construction
equipment and material, when feasible. Staging
locations shall be indicated on project Final
Development Plans and Grading Plans and subject to
review and approval of the City. Compliance with this
measure is subject to periodic field inspections by City
staff.
The project Final Development Plan and Landscape
Plan shall include the following:
· Prior to any development on the east half of the project
site, a minimum 6-foot high masonry wall shall be
constructed along the northern site boundary adjacent
the Arvin-Edison Canal and residentially zoned
property. A 6-foot high chain link fence shall be
installed adjacent to the Arvin-Edison Canal across from
the C-2 zoning. There shall be a minimum 10 foot wide
landscape strip along the northern boundary on the south
side of the wall. The tree mix shall include 100%
evergreen species placed 15 fl on center with a
minimum of 50% of trees sized at 24" box or larger
alternating with 15 gallon minimum trees. Ground
cover shall include shrubs, tuff and/or flowers. Wall/
fence and landscaping shall be installed prior to
occupancy and may not be bonded or secured.
No significant impacts beyond the
assumptions/conclusions contained in the
Metropolitan BakersfieM2010 General Plan
EIR have been identified for aesthetics/light
and glare.
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURESISTATEMENT
· As phased development occurs adjacent the following
streets, the following shall be required: A minimum 25
foot wide landscape strip along South H Street,
Berkshire Road and SR 99. The tree species mix shall be
75% evergreen placed 25 feet on center with a minimum
50% Ixees sized at 24" box or larger alternating with
minimum 15 gallon trees. Ground cover shall include
berming, shrubs, tuff, and/or flowers. Landscaping shall
be installed for each phase prior to occupancy and may
not be bonded or secured.
· Trees in parking area shall be provided at a rate of a
minimum 1 tree per 6 parking spaces, max 65 feet
intervals and the tree species mix at least 75% trees
evergreen.
· Prior to occupancy of any structure in the southwest
quadrant of the project site, a minimum 6-foot high
masonry wall (measured from highest adjacent grade)
shall be constructed along the common property line
separating the project site and the residentially zoned
property in the area between the Berkshire Road
terminus and SR 99. A minimum 15-foot wide
landscape strip shall be installed along the north side of
the wall to include the same landscape plant materials
as required for the landscape strip along the Berkshire
Road frontage.
· For the area between the Berkshire Road
terminus and SR 99, there shall be an 110-foot
building setback from the property line that
separates the project site and the residentially
zoned property located south of the project site.
No trash containers and/or enclosures may be
located within the 110 foot setback in the area
west of the Berkshire Rd terminus.
7
LEVEL OF SIGNIFICANCE
AIfI'I~R MITIGATION
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURES/STATEMENT
5.4-2b All mechanical and electrical equipment (to be installed
on the structure or on the ground) shall be adequately
screened from public view. The screening shall be
considered as an element of the overall design and must
blend with the architectural design of the building and/or
landscaping, as appropriate. Construction plans for the
buildings shall indicate any fixtures or equipment to be
located on the roof of the respective structure, equipment
types, and design of the screening material. The method
of screening shall be reviewed and approved by the City.
5.4-2c No storage of any kind shall be permitted outside the
structures.
5.4-2d
All visible trash collection facilities and features
throughout the project site shall be designed to
complement the project design.
5.4-2e Regular parking lot and sidewalk sweeping shall be made
part of maintenance activities on-site.
5.4-2f
Sign plans shall be designed by the applicant and
reviewed by the City with special attention given to light
and glare impacts on sensitive uses adjacent to the site.
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Light and Glare
5.4-3 The project would generate additional light/glare 5.4-3
beyond existing conditions due to on-site security
and operational lighting. Significance:
Potentially Significant Impact. Compliance with ·
City codes and required mitigation would reduce
potential impacts to less than significant levels.
The proposed project shall adhere to the following
lighting standards requirements:
Parking lot light standards within 160 feet of the north
property line shall not exceed 20 feet in height.
Parking lot light standards within 295 feet of the
cent~rline of Berkshire Road shall not exceed 20 feet in
height.
No parking lot lighting shall exceed 30 feet in height.
Final development plans for the project shall identify the
height of parking lot light standards.
8
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Cumulative Impacts
5.4-4
Project development, cumulative projects, may
result in greater urbanization in the southern
portion of Bakersfield. Significance: No
significant impacts beyond the analysis contained
in the Metropolitan Bakersfield 2010 General
Plan EIR would occur. This impact was
previously identified as a significant unavoidable
impact in the Metropolitan Bakersfield 2010
General Plan EIR.
5.4-4 No mitigation measures are required.
Traffic and Circulation
Trip Generation and Distribution
5.5-1
The proposed project would generate additional
trips on the adjacent roadways, thus degrading
the level of service at intersections and roadway
segments identified below. Significance:
Potentially Significant Impact. Impacts would be
reduced to less than significant levels with
implementation of roadway improvements
pursuant to the requirements of the Metropolitan
Bakersfield Transportation Impact Fee Program.
5.5-1a
Participation in the Metropolitan Bakersfield Regional
Transportation Impact Fee program as computed in Table
9 of the traffic study (Ruettgers and Schuler, Get. 2000)
Computed fees shall be adjusted as appropriate for the
actual approved building size and should be assessed on
a per square foot basis. The fee is $604,464 computed for
a 555,000 SF shopping center ($1,089.12 per 1,000SF).
Payment of pro-rata local mitigation fees as computed in
Table 8 of the traffic study (Ruettgers and Schuler, Oct.
2000). Prior to issuance of any building permits the
project engineer shall provide, and have approved,
estimates and fee schedule for the pro-rata share of the
improvements as provided in Table 8.
Implementation of the required mitigation
measures would reduce potential traffic and
circulation impacts to less than significant
levels.
9
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURES/STATEMENT
5.5-1b Opening Day: The following opening day mitigation
presumes no phasing of shopping center development.
Opening day improvements may be phased, subject to a
phasing plan approved by the City Engineer.
· Construction of roadway improvements along its
frontage, South H street and Berkshire Road.
· Construction of the extension of Colony Street to
the south across the Arvin-Edison Canal.
· Payment of impact fees as calculated on Tables 8
and 9 of the Traffic Study (Ruettgers & Schuler,
Oct. 2000)
· Construct eastbound right torn at Panama Ln and
Colony Street including all necessary traffic signal
modifications.
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Parking
5.5-3
The minimum number of parking stalls would
be consistent with the Off-Street Parking
requirements contained in Section 17.58.110 of
the Bakersfield Municipal Code, Title 17,
Zoning.
Alternate Forms of Transit
5.5-4 Project implementation would result in the need
for additional bus transit services to and from the
site. Significance: Potentially Significant Impact.
Impacts would be mitigated to a less than
significant level with construction of a bus
turnout to serve the project site (see required
mitigation measure).
5.5-3 No mitigation measures are required.
5.5-4 Final Development Plans shall depict and the project
applicant shall construct a bus turnout on South "Iq'
Street, in a location and design as approved by the City
Engineer and GETB us. The bus turnout shall be designed
and construct ~ support typical passenger amenities,
such as a bench and/or shelter consistent with the Golden
10
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURES/STATEMENT
Empire Transit District's "Transit Facilities Manual." .
As an alternative, a bus turnout may be constructed along
the north side of Berkshire Road. Turnout design shall
include pedestrian access to shopping and employment
facilities and must conform to A.D.A. Standards.
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Cumulative Impacts
5.5-5
Development of the proposed project and future
development in accordance with the City of
Bakersfield General Plan would result in an
increase in vehicle trips distributed throughout
the roadways serving the project area.
Significance: Potentially Significant Impact.
Based on the findings of the Traffic Study
contained within Appendix 14.4 of this E1R,
cumulative impacts related to traffic would be
mitigated to less than significant levels.
5.5-5 Refer to Mitigation Measure 5.5- lb.
Noise
Short-Term Construction Noise Impacts
5.6-1
Grading and construction of the proposed project
would result in temporary noise impacts to
nearby noise sensitive receptors. Significance:
Potentially Significant Impact. Adherence to
City Code requirements would reduce impacts to
a less than significant level.
5.6-1 No mitigation measures are required.
Implementation of required mitigation
measures would reduce potential noise
impacts to less than significant levels.
11
IMPACT STATEMENT AND SIGNIFICANCE LEVEL OF SIGNIFICANCE
AIcI'ER MITIGATION
Long-Term Noise Impacts
5.6-2
Project implementation would generate additional
vehicular travel on the surrounding roadway
network, thereby resulting in noise level
increases along local roadways. Significance:
Analysis has concluded that impacts are less than
significant. Project generated traffic would not
cause City noise standards to be exceeded along
analyzed roadways.
MITIGATION MEASURES/STATEMENT
5.6-2 No mitigation measures are required.
Commercial Noise Impacts
5.6-3
Project operations would generate noise
associated with on-site commercial activities.
Significance: Analysis suggests that impacts
could be potentially significant relative to
loading dock noise from the proposed
commercial uses for residential land uses
located within 200 feet of a loading dock.
5.6-3 The developer shall provide a professionally prepared
noise study for any loading dock located within 200 feet
of residentially zoned property. The study would be
requirexl at the time of site plan review and subject to
approval by the Development Services Director.
Mitigation measures recommend in the study shall apply
to the project.
Cumulative Noise Impacts
5.6-5
The proposed project, combined with cumulative
projects, would increase the ambient noise levels
in the site vicinity. Significance: Potentially
Significant Impact. Impact analysis and
mitigation determination evaluated on a project-
by-project basis.
5.6-5 No mitigation measures are required.
12
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Air Quality
Short-Term Air Quality Impacts
5.7-1
Significant short-term air quality impacts would
occur during site preparation and project
construction. Significance: Impacts from NOx
construction equipment exhaust emissions would
be significant before and after mitigation;
emissions of other pollutants would be less than
significant.
5.7-1a
The project shall comply with San Joaquin Valley
Unified APCD Regulation VIII, Fugitive Dust PM~0
Prohibitions. To ensure compliance, the following
measure shall be implemented:
cover all access roads and parking areas with asphalt-
concrete paving;
asphalt-concrete paving shall comply with San Joaquin
Valley Unified APCD Rule 4641 and restrict the use of
cutback, slow-cure and emulsified asphalt paving
materials;
use water sprays or chemical suppressants on all unpaved
areas to control fugitive emissions;
enclose, cover or water all stockpiled soils to reduce
fugitive dust emissions;
cease grading activities during periods of high winds
(greater than 20 mph over a one-hour period);
limit construction-related vehicle speeds to 15 mph on all
unpaved areas at the construction site;
all haul trucks should be covered when Wansporting loads
of soil; and
wash off construction and haul trucks to minimize the
removal of mud and dirt fi.om the project sites.
The following air quality impacts would
remain significant following mitigation:
NOx emissions from construction
exhaust; and
ROG and NOx emissions fi.om project-
related vehicular trips.
The project would not be consistent with the
Air Quality Management Plan, thus,
resulting in a significant long-term impact.
Cumulative development would also result
in significant and unavoidable impacts to
regional air quality levels.
If the City of Bakersfield approves the
project, the City shall be required to cite
their findings in accordance with Section
15091 of CEQA and prepare a Statement of
Overriding Considerations in accordance
with Section 15093 of CEQA.
13
IMPACT STATEMENT AND SIGNIFICANCE
5.7-1b
MITIGATION MEASURES/STATEMENT
The following measures shall be implemented by the
project contractor and applicant to reduce construction
equipment exhaust emissions, including NOx emissions:
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Long-Term Air Quality Impacts
· properly and routinely maintain all construction
equipment, as recommended by manufacturer manuals, to
control exhaust emissions;
· shut down equipment when not in use for extended
periods of time to reduce emission associated with idling
engines; and
· use electric equipment for construction whenever possible
in lieu of fossil-fuel-fire equipment.
5.7-2
The project would result in an overall increase in
the local and regional pollutant load due to direct
impacts from vehicle emissions and indirect
impacts from electricity and natural gas
consumption. Significance: Impacts would be
significant before and after mitigation for ROG
and NOx emissions from mobile sources;
emissions of other pollutants would be less than
significant.
5.7-2a
The project applicant shall incorporate the following in
building plans.
bicycle racks shall be provided in the proposed
commemial areas. Location and number shall be shown
on Final Development Plans.
5.7-2b The proposed project shall comply with Title 24 of the
California Cede of Regulations established by the Energy
Commission regarding energy conservation standards.
The project applicant shall incorporau~ the following in
building plans, subject to the review and approval of the
City:
· solar or low-NO~ emission water heaters shall be used;
· central water heating systems shall be used;
· double-parted glass shall be used in all exterior windows;
· energy-efficient low-sodium parking lot lights shall be
used; and
· install energy-efficient and automaw, d air conditoners.
14
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFTER MITIGATION
Consistency with Air Quality Attainment Plan
5.7-3 The proposed project would not be consistent
with the San Joaquin Valley Unified APCD's Air
Quality Attainment Plan. Significance: As the
project would not be consistent, a significant
impact would occur.
Cumulative Impacts
5.7-4
Impacts to regional air quality resulting from
development of cumulative projects would
significantly impact existing air quality levels.
Significance: Impacts would be significant and
unavoidable.
5.7-3
The project would be inconsistent with the APCD's Air
Quality Attainment Plan. Mitigation measures are not
feasible.
5.7-4 Cumulative development would create a significant and
unavoidable air quality impact in the region. Mitigation
measures beyond those contained in applicable plans and
policies would be implemented on a project-by-project
basis.
Biological Resources
Permanent Replacement of Site Vegetation and Habitat
5.8-1 Project construction would permanently replace
65.73 acres of undeveloped land with urban
development. Significance: Potentially
Significant Impact. Mitigation in accordance
with the MBHCP requirements and mitigation
measures as set forth in this EIR would reduce
impacts to less than significant levels.
5.8-1a Habitat Conservation fees for the project shall be
calculated based on the fee in effect at the time payable
to the Planning Department prior to the issuance of an
urban development permit as defined in the
Implementation/Management Agreement for the
Metropolitan Bakersfield Habitat Conservation Plan.
Upon payment of fees, the applicant shall receive
acknowledgment of compliance with the Metropolitan
Bakersfield Habitat Conservation Plan.
*Note: A portion of the fees have been paid for the project site.
Implementation of the required mitigation
measures would reduce potential Biological
Resource impacts to less than significant
levels.
15
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFTER MITIGATION
5.8-1b
The MBHCP requires certain take avoidance measures
for the San Joaquin kit fox. MBHCP guidelines
regarding tracking and excavation shall be followed to
prevent entrapment of kit fox in dens. Specific measures
during the construction phase of the project shall be
implemented and include the following:
a preconstruction survey shall be conducted on the site
prior to site grading to search for native kit fox dens;
all pipes, culverts or similar structures with a diameter of
four inches or greater shall be kept capped to prevent
entry of kit fox. If they are not capped or otherwise
covered they shall be inspected daily prior to burial or
closure to ensure no kit foxes, or other protected species,
become entrapped;
excavations shall either be constructed With escape ramps
or be covered to prevent entrapment, or the site(s) could
be protected during construction, such as with a wildlife
exclusion fence, which would eliminate the possibility of
ranging animals from being harmed during construction;
and
all food, garbage, and plastic shall be disposed of in
closed containers and regularly removed from the site m
minimize attracting ranging kit fox or other animals.
With the exception of Burrowing owls (see following
mitigation measure), impacts t~ special-status species on the
project site are covered under the terms and conditions of the
MBHCP and associated Implementing Agreement. The
compensation and avoidance requffements of the MBHCP
proposed as part of this project are consistent and follow an
ecosystem management approach for endangered species and
all other potentially occurring special-status species.
16
IMPACT STATEMENT AND SIGNIFICANCE
5.8-1c
MITIGATION MEASURES/STATEMENT
Prior to grading plan approval for the 64-acre site, the
project applicant shall comply with the following
Burrowing owl mitigation requirements:
if grading on the 64-acre site is proposed to occur during
the Burrowing owl nesting season (March 1 through
August 15), a preconstruction survey of the site for
Burrowing owl nests shall be conducted by a qualified
biologist prior to grading activities in order to ensure no
B un'owing owls have moved into on-site squirrel burrows
and to identify active nests in areas potentially impacted
by project implementation.
if construction is proposed to take place during the
Burrowing owl nesting season, no construction activity
shall take place within 500 feat of an active nest until the
young have fledged (as determined by a qualified raptor
biologis0. Trees containing nests that must be removed
as a result of project implementation shall be removed
during the non-breeding season (August 16 through
February).
If construction is initiated during the nesting season and
active eggs or nests were identified in the preconstruction
survey, the applicant shall consult with the U.S. Fish and
Wildlife Service and California Department of Fish and
Game to conduct issuance of a Migratory Bird Permit and
burrow closure prior to the nesting season.
5.8-1d
The presence of any previously unidentified protected
species which are not addressed in the MBHCP, including
those protected under the Federal Migratory Bird Treaty
Act, should be avoided and evaluated by a qualified
biologist prior to construction. The Fish & Wildlife
Service (USF'WS) and California Department offish &
Game (CDFG) should be notified of previously
unreported protected species. Any unanticipated take of
protected wildlife shall be reported immediately t~ the
17
LEVEL OF SIGNIFICANCE
AFTER MITIGATION
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFl'ER MITIGATION
Cumulative Impacts
5.8-2
Development of the proposed project, as well as
the buildout of the City's General Plan, would
result in the cumulative loss of open space.
Significance: Potentially Significant Impact.
Cumulative development is mitigated on a project
by project basis and in accordance with the
MBHCP.
5.8-2 No mitigation measures are required.
Cultural Resources
Impacts to On-Site Resources
5.9-1
Grading and excavation activities may result in
impacts to undocumented archeological
resources. Significance: Potentially Significant
Impact. Mitigation measures which include
inspections and monitoring would reduce the
significance of impacts to less than significant
levels.
Cumulative Impacts
5.9-2 Cumulative development may impact important
cultural resources in the absence of any
mitigation. Significance: Potentially Significant
Impact. Evaluated and mitigated on a project-by-
project basis.
5.9-1
If archeological or paleontological resources are
discovered during excavation and grading activities on-
site, the con.actor shall stop all work and the developer
shall retain a qualified archaeologist to evaluate the
significance of the finding and appropriate course of
action. Salvage operation requirements in Appendix K of
the California Environmental Quality Act Guidelines
shall be followed and the treatment of discovered Native
American remains shall comply with State codes and
regulations of the Native American Heritage
Commission.
5.9-2 No mitigation measures are required.
18
Implementation of required mitigation
measures would reduce potential cultural
resource impacts to less than significant
levels.
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AFl'ER MITIGATION
Public Services and Utilities
Fire Services
5.10-2 Project implementation would increase demand
for fire protection services. Significance:
Potentially Significant Impact. Compliance with
fire safety requirements and required mitigation
measures would reduce impacts to a less than
significant level.
5.10-2a Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13 feet 6 inches.
5.10-2b Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire
apparatus and shall be provided with a surface so as to
provide all-weather driving capabilities.
5.10-2c Fire lanes shall be provided along the front of all
shopping complexes and all other buildings other than
dwellings when any part of said complex or building is
more than 150 feet from a public street
5.10-2d Fire lanes shall be located as determined by the Chief,
and shall not be less than 20 feet in width, with turning
radiuses of not less than 25 feet in width, and have a
clear height of not less than 13 feet, 6 inches.
5.10-2c Fire hydrants shall be "Double Fours" (2, 4-inch outlets)
and be placed approximately 330 feet continuously
around shopping center with structures no more than 150
feet from a hydrant. Exact location to be shown on
improvement plans as approved by the Fire Department.
5.10-2f Standpipes may be required or used in lieu of fire
hydrants within the canal access area to be determined
by the Fire Chief.
19
IMPACT STATEMENT AND SIGNIFICANCE
MITIGATION MEASURES/STATEMENT
LEVEL OF SIGNIFICANCE
AVfER MITIGATION
Schools
5.10-3
Water
Due to the nature of the proposed commercial
project, the project would not directly generate
additional students. Significance: Analysis has
concluded that impacts are less than significant.
Payment of statutory school fees would be
required.
5.10-4
The proposed project would increase the existing
demand for water. Significance: Analysis has
concluded that impacts are less than significant.
Water suppliers have indicated
that the project's water demand would not create a
significant impact to current or future water supplies.
Wastewater
5.10-5 The proposed project would generate additional
wastewater beyond current conditions.
Significance: Analysis has concluded that
impacts are less than significant.
5.10-2g
5.10-2h
5.10-2i
Fire flow requirements shall be 4,500 gallons per minute
or as otherwise determined by the Fire Chief.
All buildings shall be equipped with an automatic
sprinkler system.
The Colony S~'eet bridge over the Arvin-Edison Canal
shall be in place and usable before construction begins.
A temporary access road (subject to City Standards and
approval) may be accepted along the south side of the
canal and the north side of the project to South "II"
Street in lieu of bridge completion.
5.10-3 No mitigation measures are required.
5.10-4 No mitigation measures are required.
5.10-5 No mitigation measures are required.
20
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIFICANCE
AlcrER MITIGATION
Drainage
5.10-6 Project implementation would increase
impervious surfaces, increasing the amount of
storm runoff and urban pollutants generated from
within the project site boundaries. Construction
of a sump as part of the proposed project would
contain these additional flows in developed
conditions. Significance: Potentially Significant
Impact. Construction of the proposed sump
would mitigate impacts associated with surface
runoffto less than significant levels. Regarding
surface water quality, implementation of NPDES
and City of Bakersfield Best Management
Practices would reduce impacts to a less than
significant level.
Electricity and Natural Gas
5.10-7 Project implementation would result in an
additional electrical and natural gas demands
beyond existing conditions. Significance:
Analysis has concluded that impacts are less than
significant. The project would be subject to Title
24 of the California Administrative Code
regarding energy conservation.
Solid Waste
5.10-8 Project implementation woald result in increased
projected solid waste generation on-site.
Significance: Analysis has concluded that
impacts are less than significant.
5.10-6 No mitigation measures are required.
5.10-7 No mitigation measures are required.
5.10-8 No mitigation measures are required.
21
IMPACT STATEMENT AND SIGNIFICANCE MITIGATION MEASURES/STATEMENT LEVEL OF SIGNIHCANCE
AFTER MITIGATION
Communications
5.10-9 Project implementation would result in the need
for additional communication service on-site.
Significance: Analysis has concluded that
impacts are less than significant.
Cumulative Impacts
5.10-10 Potential cumulative development would
increase the demand for services and utilities.
An increased demand for services may be
expected for the Bakersfield Police Department,
Kern County SheriWs Department, Bakersfield
and Kern County Fire Departments, local school
districts and other public services. Increased
demand for utilities may be expected for
electricity, natural gas, water, wastewater, solid
waste and communications. Significance:
Potentially Significant Impact. Analysis has
concluded that cumulative development is
subject to standards and requkn:ments of
reviewing agencies and no additional mitigation
is required.
5.10-9 No mitigation measures are required.
5.10-10 No mitigation measures are required.
22
EXHIBIT "8"
MITIGATION MONITORING PROGRAM
Gateway Zone Change #P00-0419
Introduction
Exhibit "3" of this resolution identifies the mitigation measures that will be implemented to
reduce the impacts associated with the Gateway Zone Change #P00-0419. The California
Environment Quality Act (CEQA) requires a public agency to adopt a monitoring and reporting
program for assessing and ensuring compliance with any required mitigation measures applied
to proposed development. As stated in Section 21081.6 of the Public Resources Code,
"... the public agency shall adopt a reporting or monitoring program for the
changes to the project which it has adopted, or made a condition of project
approval, in order to mitigate or avoid significant effects on the environment."
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during
project implementation, shall be defined prior to final certification of the EIR.
The mitigation monitoring table below lists those mitigation measures that may be included as
conditions of approval for the project. These measures correspond to those outlined in the
Gateway Final EIR. To ensure that the mitigation measures are properly implemented, a
monitoring program has been devised which identifies the timing and responsibility for
monitoring each measure. The developer will have the responsibility for implementing the
measures, and the various City of Bakersfield departments will have the primary responsibility
for monitoring and reporting the implementation of the mitigation measures.
S:[Z~neChangetz4191cc~clex8 intro-mitmonplan, wpcl
February 21, 2001
EXHIBIT"8"
MITIGATION MONITORING PLAN
Gateway Zone Change #P00-0419
(13 pages)
Monitoring Compliance Verified Notes/Remarks
~ No Mitigation Measure Department occurred ,b.y~ By
what action.
5.3-1 Prior to grading plan approval, the project applicant shall Development Developer Jim Movius No significant residues
perform soil tests to determine concentrations of pesticide Services submitted soils found.
and fungicide residues which may be present within the testing reports. 9/30/98
project site. Should contaminant levels be in excess of
acceptable Federal, State and/
or County levels, the project applicant shall identify and
implement remedial action, subject to approval bythe City
of Bakersfield and responsible regulatory agencies to
reduce contaminants to acceptable levels.
5.3-4a Refer to Section 5.7, Air Quality, of the Grand Canal San Joaquin
EIR regarding fugitive dust mitigation measures. Valley Unified
APCD
5.3-4b All areas with bare soil exposed as a result of grading Development
activities shall be landscaped at the earliest time Services and
possible or stabilized by watering when winds exceed San Joaquin
25 miles per hour in order to reduce the potential Valley Unified
inhalation of spores causing Valley Fever. APCD
5.4-t Construction equipment staging areas shall be located Development
away from existing residential uses and appropriate Services
screening (i.e., temporary fencing with opaque
material), used to buffer views of construction
equipment and material, when feasible. Staging
locations shall be indicated on project Final
Development Plans and Grading Plans and subject to
review and approval of the City. Compliance with this
measure is subject to periodic field inspections by City
staff.
Exhibit "8"
Gateway Zone Change #P00-0419
: Monitoring COmpliance Verified Notes/Remarks
NO Mitigation Measure Department occurred by BY
what action?- ~ ~
5.4-2~ The project Final Development Plan and Landscape Development
Plan shall include the following: Services
· Prior to any development on the east half of the
project site, a minimum 6-foot high masonry wall shall
be constructed along the northern site boundary
adjacent the Arvin-Edison Canal and residentially
zoned property. A 6-foot hi,Ih chain link fence shall be
installed adjacent to the Arvin-Edison Canal across
from the C-2 zoning. There shall be a minimum 10 foot
wide landscape strip along the northem boundary on
the south side of the wall.The tree mix shall include
100% evergreen species placed 15 ft on center with a
minimum of 50% of trees sized at 24" box or larger
alternating with 15 gallon minimum trees. Ground
cover shall include shrubs, turf and/or flowers. Wall/
fence and landscaping shall be installed prior to
occupancy and may not be bonded or secured.
· As phased development occurs adjacent the following
streets, the following shall be required: A minimum 25
foot wide landscape strip along South H Street,
Berkshire Road and SR 9g. The tree species mix shall
be 75% evergreen placed 25 feet on center with a
minimum 50% trees sized at 24" box or larger
alternating with minimum 15 gallon trees. Ground cover
shall include berming, shrubs, turf, and/or flowers.
Landscaping shall be installed for each phase prior to
occupancy and may not be bonded or secured.
· Trees in parking area shall be provided at a rate of a
minimum 1 tree per 6 parking spaces, max 65 feet
intervals and the tree species mix at least 75% trees
evergreen.
:4'
3
Exhibit "8"
Gateway Zone Change #P00-0419
Monitoring ComPliance Verified Notea/Remarks
No Mitigation Measure Department occurred by By
what action?
· Prior to occupancy of any structure in the southwest
quadrant of the project site, a minimum 6-foot high
masonry wall (measured from highest adjacent grade)
shall be constructed along the common property line
separating the project site and the residentially zoned
property in the area between the Berkshire Road
terminus and SR 99. A minimum 15-foot wide
landscape strip shall be installed along the north side of
the wall to include the same landscape plant materials
as required for the landscape strip along the Berkshire
Road frontage.
· For the area between the Berkshire Road terminus
and SR 99, there shall be an 110-foot building setback
from the property line that separates the project site
and the residentially zoned property located south of
the project site. No trash containers and/or enclosures
may be located within the 110 foot setback in the area
west of the Berkshire Rd terminus.
5.4-2b All mechanical and electrical equipment (to be installed Development
on the structure or on the ground) shall be adequately Services
screened from public view. The screening shall be
considered as an element of the overall design and
must blend with the architectural design of the building
and/or landscaping, as appropriate. Construction plans
for the buildings shall indicate any fixtures or equipment
to be located on the roof of the respective structure,
equipment types, and design of the screening material.
The method of screening shall be reviewed and
approved by the City.
5.4-2c No storage of any kind shall be permitted outside the Development
structures. Services
~.4-2d All visible trash collection facilities and features Development
~-¥ throughout the project site shall be designed to Services/Solid
<~ complement the project desi,qn. Waste Dept.
Exhibit "8"
Gateway Zone Change #PO0-0419
Monitoring Compllance Verified ' Notes/Remarks
No : Mitigation Measure Department occurred by BY
what action?
5.4-2e Regular parking lot and sidewalk sweeping shall be Development
made part of maintenance activities on-site. Services
5.4-2f Sign plans shall be designed by the applicant and Development
reviewed by the City with special attention given to light Services
and glare impacts on sensitive uses adjacent to the
site.
5.4-3 The proposed project shall adhere to the following Development
lighting standards requirements: Services
· Parking lot light standards within 160 feet of the
north property line shall not exceed 20 feet in
height.
· Parking lot light standards within 295 feet of the
centerline of Berkshire Road shall not exceed
20 feet in height.
· No parking lot lighting shall exceed 30 feet in
height.
· Final development plans for the project shall
identify the height of parkin~l lot light standards.
5.5-1a Participation in the Metropolitan Bakersfield Regional Public Works
Transportation Impact Fee program as computed in
Table 9 of the traffic study (Ruettgers & Schuler, Oct.
2000) Computed fees shall be adjusted as appropriate
for the actual approved building size and should be
assessed on a per square foot basis. The fee is
$604,464 computed for a 555,000 SF shopping center
($1,089.12 per 1,000SF).
Payment of pro-rata local mitigation fees as computed
in Table 8 of the traffic study Ruettgers & Schuler, Oct.
2000). Prior to issuance of any building permits the
project engineer shall provide, and have approved,
-, estimates and fee schedule for the pro-rata share of the
'~' improvements as provided in Table 8.
5
Exhibit "8"
Gateway Zone Change #P00-0419
what action?
5.5-1b Opening Day:. The following opening day mitigation Public Works
presumes no phasing of shopping center development.
Opening day improvements may be phased, subject to
a phasing plan approved by the City Engineer.
· Construction of roadway improvements along its
frontage, South H street and Berkshire Road.
· Construction of the extension of Colony Street to the
south across the Arvin-Edison Canal.
· Payment of impact fees as calculated on Tables 8 and
9 of the Traffic Study (Ruettgers & Schuler, Oct. 2000)
· Construct eastbound right turn at Panama Ln and
Colony Street including all necessary traffic signal
modifications.
5.5-4 Final Development Plans shall depict and the project Development
applicant shall construct a bus turnout on South "H" Services and
Street, in a location and design as approved by the Public Works
City Engineer and GETBus. The bus turnout shall be
designed and construct to support typical passenger
amenities, such as a bench and/or shelter consistent
with the Golden Empire Transit District's "Transit
Facilities Manual." . As an alternative, a bus turnout
may be constructed along the north side of Berkshire
Road. Turnout design shall include pedestrian access
to shopping and employment facilities and must
conform to A.D.A. Standards.
5.6-3 The developer shall provide a professionally prepared Development
noise study for any loading dock located within 200 feet Services
of residentially zoned property. The study would be
required at the time of site plan review and subject to
approval by the Development Services Director.
×- Mitigation measures recommend in the study shall
.:L apply to the project.
6
Exhibit "8"
Gateway Zone Change #P00-0419
~ : : Monitoring Con~pllanoe V~'iflsd NOles/Remrk~
No Mitigation MeaSure Department occu~ by BY
what action?
5.7-1a The project shall comply with San Joaquin Valley San Joaquin
Unified APCD Regulation VIII, Fugitive Duet PM~0 Valley Unified
Prohibitions. To ensure compliance, the following APCD
measure shall be implemented:
· cover all access roads and parking areas with
asphalt-concrete paving;
· asphalt-concrete paving shall comply with San
Joaquin Valley Unified APCD Rule 4641 and
restrict the use of cutback, slow-cure and
emulsified asphalt paving materials;
· use water sprays or chemical suppressants on
all unpaved areas to control fugitive emissions;
· enclose, cover or water all stockpiled soils to
reduce fugitive dust emissions;
· cease grading activities during periods of high
winds (greater than 20 mph over a one-hour
period);
· limit construction-related vehicle speeds to 15
mph on all unpaved areas at the construction
site;
· all haul trucks should be covered when
transporting loads of soil; and
· wash off construction and haul trucks to
minimize the removal of mud and dirt from the
project sites.
5.7-1b The following measures shall be implemented by the San Joaquin
project contractor and applicant to reduce construction Valley Unified
equipment exhaust emissions, including NOx APCD
emissions:
· properly and routinely maintain all construction
equipment, as recommended by manufacturer
manuals, to control exhaust emissions;
· shut down equipment when not in use for
extended periods of time to reduce emission
~. associated with idling engines; and
~ · use electric equipment for construction
i:' whenever possible in lieu of fossil-fuel-fire
~ ~ equipment.
Exhibit "8"
Gateway Zone Change #P00-0419
, What action?
5.7-2a The project applicant shall incorporate the following in Development
building plans. Services
· bicycle racks shall be provided in the proposed
commemial areas. Location and number shall
be shown on Final Development Plans.
5,7-2b The proposed project shall comply with Title 24 of the Development
California Code of Regulations established by the Services
Energy Commission regarding energy conservation
standards. The project applicant shall incorporate the
following in building plans, subject to the review and
approval of the City:
· solar or Iow-NOx emission water heaters shall
be used;
· central water heating systems shall be used;
· double-parted glass shall be used in all exterior
windows;
· energy-efficient Iow-sodium parking lot lights
shall be used; and
· install energy-efficient and automated air
conditioners.
5.7-4 Cumulative Impacts Development
Services
Cumulative development would create a significant and and San Joaquin
unavoidable air quality impact in the region. Mitigation Valley Unified
measures beyond those contained in applicable plans APCD
and policies would be implemented on a project-by-
Dmiect basis.
8
Exhibit "8"
Gateway Zone Change #P00-0419
. : Mitigation Measure: - Department OCCUmKI by By : : ,
' what action? ,,
5.8-1a Habitat Conservation fees for the project shall be Development Portion of HCP fee Jim Movius
calculated based on the fee in effect at the time Services paid:
payable to the Planning Department prior to the 2/17/99
issuance of an urban development permit as defined in $ 35,000 on
the Implementation/Management Agreement for the 2/17/99
Metropolitan Bakersfield Habitat Conservation Plan. (re: P98-0490)
Upon payment of fees, the applicant shall receive
acknowledgment of compliance with the Metropolitan
Bakersfield Habitat Conservation P~an.
5.8-1 b The MBHCP requires certain take avoidance measures Development
for the San Joaquin kit fox. MBHCP guidelines Services
regarding tracking and excavation shall be followed to
prevent entrapment of kit fox in dens. Specific
measures during the construction phase of the project
shall be implemented and include the following:
· a preconstruction survey shall be conducted
on the site prior to site grading to search for
native kit fox dens;
· all pipes, culverts or similar structures with a
diameter of four inches or greater shall be kept
capped to prevent entry of kit fox. If they are
not capped or otherwise covered they shall be
inspected daily prior to burial or closure to
ensure no kit foxes, or other protected species,
become entrapped;
9
Exhibit "8"
Gateway Zone Change #P00-0419
Monit~ng Compl!ance Verified Notes/Rem"~
: Mitigation Measure Department occu~ by ~By
What action?
· excavations shall either be constructed with _
escape ramps or be covered to prevent
entrapment, or the site(s) could be protected
during construction, such as with a wildlife
exclusion fence, which would eliminate the
possibility of ranging animals from being
harmed during construction; and
· all food, garbage, and plastic shall be disposed
of in closed containers and regularly removed
from the site to minimize attracting ranging kit
fox or other animals.
With the exception of Burrowing owls (see following
mitigation measure), impacts to special-status species
on the project site are covered under the terms and
conditions of the MBHCP and associated Implementing
Agreement. The compensation and avoidance
requirements of the MBHCP proposed as part of this
project are consistent and follow an ecosystem
management approach for endangered species and all
other potentially occurring special-status species.
5.8-1c Prior to grading plan approval for the 64-acre site, the Development
project applicant shall comply with the following Services
Burrowing owl mitigation requirements:
· if grading on the 64-acre site is proposed to
occur during the Burrowing owl nesting season
(March 1 through August 15), a preconstruction
survey of the site forBurrowing owl nests shall
be conducted by a qualified biologist prior to
i~rading activities in order to ensure no
urrowing owls have moved into on-site
squirrel burrows and to identify active nests in
areas potentially impacted by project
implementation.
Exhibit "8"
Gateway Zone Change #P00-0419
· No Mitigation Measure Department occu~ by By
what action?
· if construction is proposed to take place during
the Burrowing ow/nesting season, no
construction activity shall take place within 500
feet of an active nest until the young have
fledged (as determined by a qualified raptor
biologist). Trees containing nests that must be
removed as a result of project implementation
shall be removed during the non-breeding
season (August 16 through February).
· If construction is initiated during the nesting
season and active eggs or nests were
identified in the preconstruction survey, the
applicant shall consult with the U.S. Fish and
Wildlife Service and California Department of
Fish and Game to conduct issuance of a
Migratory Bird Permit and burrow closure prior
to the nesting season.
5.8-1d The presence of any previously unidentified protected Development
species which are not addressed in the MBHCP, Services
including those protected under the Federal Migratory
Bird Treaty Act, should be avoided and evaluated by a
qualified biologist prior to construction. The Fish &
Wildlife Service (USFWS) and California Department of
Fish & Game (CDFG) should be notified of previously
unreported protected species. Any unanticipated take
of protected wildlife shall be reported immediately to the
CDFG and USFWS.
11
Exhibit "8"
Gateway Zone Change #P00-0419
~- : Monitoring ~Pliance Verified : NoteaMenmrks
No Mitigation Measure Departlaent OCCurred by By
what action?
5.9-1 If archeological or paleontological resources are Development
discovered during excavation and grading activities on- Services
site, the contractor shall stop all work and the
developer shall retain a qualified archaeologist to
evaluate the significance of the finding and appropriate
course of action. Salvage operation requirements in
Appendix K of the California Environmental Quality Act
Guidelines shall be followed and the treatment of
discovered Native American remains shall comply with
State codes and regulations of the Native American
Herita~)e Commission.
5.10- Fire apparatus access roads shall have an Fire Department
2a unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13 feet
6 inches.
5.10- Fire apparatus access roads shall be designed and Fire Department
2b maintained to support the imposed loads of fire
apparatus and shall be provided with a surface so as to
provide all-weather driving capabilities.
5.10- Fire lanes shall be provided along the front of all Fire Department
2c shopping complexes and all other buildings other than
dwellings when any part of said complex or building is
more than 150 feet from a public street
5.10- Fire lanes shall be located as determined by the Chief, Fire Department
2d and shall not be less than 20 feet in width, with turning
radiuses of not less than 25 feet in width, and have a
clear height of not less than 13 feet, 6 inches.
5.10- Fire hydrants shall be "Double Fours" (2, 4-inch outlets) Fire Department
2e and be placed approximately 330 feet continuously
around shopping center with structures no more than
150 feet from a hydrant. Exact location to be shown on
improvement plans as approved by the Fire
Department.
Exhibit "8"
Gateway Zone Change #P00-0419
:: Monitoring Compliance Verified Notes/Remarks
No Mitigation Measure Department OCCurred by By
what action?
5.10-2f Standpipes may be required or used in lieu of fire Fire Department
hydrants within the canal access area to be determined
by the Fire Chief.
5.10- Fire flow requirements shall be 4,500 gallons per Fire Oepartment
2g minute or as otherwise determined by the Fire Chief.
5.10- All buildings shall be equipped with an automatic Fire Department
2h sprinkler system.
5.10-2i The Colony Street bridge over the Arvin-Edison Canal Fire Depariment
shall be in place and usable before construction begins.
^ temporary access mad (subject to City Standards
and approval) may be accepted along the south side of
the canal and the north side of the project to South "H"
Street in lieu of bridge completion.
S:tZoneChangetz4191cct. zclEx 8 Mit-monitor table, wpd
February 21, 2001
13
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 15th day of March , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4000 , passed by the
March 2001 and
day of
Bakersfield City Council at a meeting held on the 14th
entitled:
ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING OF
64 ACRES LOCATED BETWEEN SR99, ARVIN-EDISON CANAL, SOUTH
H ST AND BERKSHIRE ROAD ALIGNMENT FROM A PCD (PLANNED
COMMERCIAL DEVELOPMENT) ZONE TO A C-2 (REGIONAL
COMMERCIAL) ZONE FOR THE GATEWAY SHOPPING CENTER.
/s/PAMELA A. McCARTHY
City~ Clerk of the City of Bakersfield
By:~ 4.g~.~/'% ~_~'~/..~ ~-~
D E P UTY"'(3ity Clerk '~ ~
S:\Document\FORMS~AOP.ORD.wpd
March 15, 2001