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HomeMy WebLinkAboutORD NO 4502 ORDINANCE NO. 4 5 0 2 - ~ AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 122-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 220- ACRES, GENERALLY LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE BETWEEN NORD AVENUE ON THE WEST AND THE KERN COUNTY WATER BANK AUTHORITY ON THE EAST AND TO THE SOUTH (ZC 05-1580). (WARD 5, UPON ANNEXATION) WHEREAS, in accordance with the procedures 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 a petition to change the zoning of those certain properties within the City of Bakersfield located along the south side of Panama Lane between Nord Avenue on the west and the Kern County Water Bank Authority on the east and to the south; and WHEREAS, by Resolution No. 113-07 on June 21, 2007, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1580 as delineated on attached Zoning Map No. 122-28 marked Exhibit "A", more thoroughly described in attached Exhibit "B", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, for the above described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the applicant appealed the Planning Commission decision to deny the project; findings: WHEREAS, the Council has considered and hereby makes the following 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental Impact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEQA. 4. Attached Exhibit "0" containing the "Statement of Facts, Findings, and Mitigation Measures" with Exhibit "F", Mitigation Monitoring and Reporting ~ ~f>..K(:'1' Program is appropriate and incorporated into the project. >.0 <f,,, f- rf' r'''. o c:; ORIGINAL as follows: 5. Attached "E" containing the "Statement of Overriding Considerations" related to significant unavoidable impacts of aesthetics, light and glare, and traffic and circulation is appropriate and incorporated into the project. 6. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. 7. The public necessity, general welfare and good zoning practice justify the recommended zone change from A (Excusive Agriculture) to R-1 (One Family Dwelling) on 220-acres located along the south side of Panama Lane between Nord Avenue on the west and the Kern County Water Bank Authority on the east and to the south. 8. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan. 9. That Zone Change No. 05-1580 is hereby recommended with mitigation measures adopted in the Final Environmental Impact Report. 10. That Zone Change No. 05-1580, as outlined above, is hereby recommended for approval with "Mitigation Measures/Conditions of Approval" shown on "C", subject to prior approval of General Plan Amendment No. 05-1580. 11. That the Ten Section Project Development Final Environmental Impact Report for Zone Change No. 05-1580 was certified. 12. The laws and regulations relating to the preparation and adoption of EIR's as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. The above recitals and findings incorporated herein by reference are true and correct and constitute the Findings of the City Council in this matter. 2. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed project is consistent with surrounding uses. 4. The public necessity, general welfare and good planning practices justify the requested zone change. 5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of 2- <;)f>..Kf~J' Bakersfield be and the same is hereby amended by changing the zone of ::0- -~ ..- r~ c' c:; 2 ORIGINAL that certain property within the City of Bakersfield, the boundaries of which property is shown on Zone Map No. 122-28 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit liB ". 6. Such zone change is hereby made subject to the "Mitigation Monitoring and Reporting Program" adopted in the Final Environmental Impact Report as shown in Exhibit "F" and "Mitigation/Conditions of Approval" for the project as shown in Exhibit "C", subject to approval of GPA No. 05- 1580. 7. Attached Exhibit "0" containing the "Statement of Facts, Findings, and Mitigation Measures" are appropriate and incorporated into the project. 8. Attached Exhibit "E" containing the "Statement of Overriding Considerations" related to significant unavoidable aesthetics, light and glare, and traffic and circulation impacts is appropriate and incorporated into the project. 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--------- 3 \:"p.,,~~ /< le0... >~) ~ i~ f- r- Ll '.J OR\G\Nf\L 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 the 26th day of March, 2008 by the following vote: '6? COUNCILMEMBER s: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CO~ CA~, BEN~, WE~ANsa;;,SULLlW:;;SCR~R ~ V\A~ /I\~ ~ tf 1)\:Ca~' PAMELA A. McCARTHY, Cf C CITY CLERK and Ex Offici6 Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: EXHIBIT A B C o E F Location Map an Zoning Maps Zone Change Legal Description Conditions of Approval! Mitigation Measures Statement of Facts and Findings Statement of Overriding Considerations Mitigation Monitoring and Reporting Program JS: S:\GPA 4th 2007\05-1580 (Ten Section EIR)\Resolutions\CC_ZC Ordinance 05-1580.Approval.doc 4 t./, 'Oi\K!:10 () C.-I >- r:; ~- r- t) '-1 ORiCil\J/.L Exhibit A Location Map and Zoning Maps /. '0 i\ c)' .'-- r" (_J OFl!C;!fl,c,L I I ~'i 81~ i:~ ~~------- Oueor California Hot Springs _ _ TULARE COUNTY ---~RNCOiiiiTv---------------- McFarland Stockdale Bakersfield Project Site Lamont ArvIn Tehachapl SAN LUIS OPISPO COUNTY KERN COUNTY ------- L-05ANGeLESCOU,m---- ~ I ,. Not to 8C8Ie I ~ "fIijI ~a_ULTINII IIllM11lll.lN 10.104113-1_7 MAftiY.fIROJECT. GPAlZC 05-1580 Regional Vic{Jff\y1.~~ EIlhibit 1 jS o o CO LO ~ I LO o (!) Z - Z o N I W a:: a.. 1i o.f 8 <'Ii 0 W :I 0 ~ co ~ Co 0 Cl ~ :;;1 ~ U ~ ~QIJ ~~ - Ie Ii: Z ~~ ~. 0 ..... 0 N ~ ~ ci :i ~ II: AJ.NfIOO c ~ w ~ I N C") ; .......----...-----....-.....----------....--..--..---......-------.... ....-----------....----..........------------ Q) -- I I i i ! ! ! ! I I [ --............-.....-------....----....-..--...-- ~ -- C") c <'J,I\I{,::-^ \/ "-.'<~~\ ["' r'- CJ ':( i C~! r\~,L,L_ CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS R-1 One Family Dwelling C-O Professional and Administration Office 6,000 sq.ft. minimum lotsize C-1 Neighborhood Commercial E Estate 10,000 sq.ft. minimum lot size C-2 Regional Commercial R-8 Residential Suburban C-C Commercial 'Center 24,000 sq.ft./dwelling unit C-B Central Business R-8-1A Residential Suburban 1 acre minimum lot size PCD Planned Commercial Development R-8-2.5A Residential Suburban M-1 light Manufacturing 2% acre minimum lot size M-2 General Manufacturing R-8-5A Residential Suburban 5 acre minimum lot size M-3 Heavy Industrial R-8-10A Residential Suburban P Automobile Parking 10 acre minimum lot size RE Recreation R-2 limited Multiple Family Dwelling . 4,500 sq.ft. min lot size (single family) Ch Church Overlay 6,000 sq.ft. minlot size (multifamily) 2,500 sq.ft. lot area/dwelling unit OS Open Space R-3 Multiple Family Dwelling HOSP Hospital Overlay 6,000 sq.ft. minimum lot size 1,250 sq.ft. lot area/dwelling unit AD Architectural Design Overlay R-4 High Density Multiple Family Dwelling FP-P Floodplain Primary 6,000 sq.ft. minimum lot size 600 sq.ft. lot area/dwelling unit FP-8 'Floodplain Secondary R-H Residential Holding AA Airport Approach 20 acre minimum lot size 01 Drilling Island A Agriculture 6,000 sq.ft. minimum lot size PE Petroleum Extaction Combining A-20A Agriculture SC Senior Citizen Overlay 20 acre minimum lot size HD Hillside Development Combining PUD Planned Unit Development TT Travel Trailer Park MH Mobilehome ~:\Forms\zoneDistricta.doc \)J\. , ('" c..' 00:; C\lr\! Ill: (\J C\I .9a. L&J<(ut iL ~ ~~..,: L&J lie ~(!) iZ', 2.18 ~O'" !:::N~ u en ;lO" g t a ii I~ i i:i t - 15 SOl .. .. - 01 .. Uwi Q III~ ~ -I ~I'l ". 1 t I .._ i ~I':! ; 9, is I 9 I-I I I .:: I !. I ~ I; i ~ I' ! I~ Iii ! i i 'wi ~"w -1-1-111 .1 V" II I" .." 12_ill!:IIIS~:j!i!~!h ~ ;1, i: ill;! t " i i 3 i: ;: :~ ~ aaJ! II ~ ~ 9 II ~ I w ~ ~ a U I; ! IK"'-i.'. a cr"i" ~ 010....; "4" l!i5~i~i8j51:!!~g8~;al !:Ilh~.!:!!"!!:l~1 li~.~li~o~ ~~ :..tD~~a ~S~~~lz"~~li~~IJ.. i! Iii! i!! Ii ji ~ II i 15 ! ~ I i I i I ~ I t i i I ~"~ is i j !,; I F.. . .f I ~. , II! I iwa ,..( .a IIi ~;J .. ...~ I ~Uj . ~ ~~ :1 ~i '" 'i~" n5i . :!! :l; ..... it ;." - N .- .. ..... ci ~ !"... .. ~ ! ::Sz.~:--:''!iJ:--:' ~ z o...&.~ t- .. << ~.uuuu~a2IW4"'~U oc...~~.t-i P'RE-ZO'NI"NG 05-1580 ~'.RI _ e... - - - - - - - - - - - - - - - - - - - - - - - -I I I 1 I I " I: 1_______ I I I I 1 I I 1______- I I I I I I I -- - - - -. .. ", I 1 I I I _________~--------------------------------J CCl . ~ II: z>- :J t;. go o F- "-NI _ ..s a . at..; II; Is~ .i' Id Ie It! il: I!' . ,!~i ~ .I' i;I.: i!i li=;g:1 ".. i ;-.= ta + ;I ~ f 4 + ZONltfG MAflla2-,z8 r . fa a"9 -1- E.I .~I ~aa ..I" ad5 I '. I '- .. l . f !~ I Exhibit B Zone Change Legal Description 1':/> '~) {'p r- r_:J L~GAL DESCRlPl10N FOR VESTING TENTATIVE TRAcr NO. ,721 Being a portion of West Half of section 28, 1.30 S., R 28 E, M.O.M., in the CRy d Bakersfield, County of Kem. State of Callfomla more partlcularty deea1bed .. follows: Begrmlng at the Northwest Comer of said Section 28, also being a point on the centerline of Panama Lane;(1) Thence alolll the centerline d said Panarn.t.ene and the north line of said Sectron 28, South 89 degrees 25 minutea 43.5 seconde e.t 2,640.14 feet ... shown on FRe Map No. 7-1 Book 6, Page 31 on ftle In the Kern County Surveyor'. OffIce to the North quarter comer of said SectIon 28; (2)TheIice along the north-south mld-eectlon Une South 01 degre.. 02 rnJnutes 3~ 88COIlds Welt 2,641.60 feet to the center of said Section 28; (3) Thence along the ea.t....t mid- .ectkIn &08 North 89 degrees 26 mInutes 43 .eConds Wilt 880.19 feet; ~4) Thence South 01 degrees 02 minutes 48 6econds West 680.28 feet; (5)Thence North . degriles 28 minutes 54 seconds Weat 660.23 feet (6)Thence South 01 deg..... 08 minutes 00 leconds West 680.33 feet; (7)Thence North 89 degree8 ZI mhItee 05 sBconds West 680.27 feet; (8)Thence South 01 degrees 03 minutes 13 seconds Welt 660.38 feet; (9)Thence North 89 degrees 27 minutes 18 seconds W. 880.31 feel to a point on the west line of said Section 28; (10)Thence North 01 degrees Oti minutes. Seconds East 1981.20 feet to the west quarter of said SecIIon 28; (11)Thence continuing along 6ald welt line North 01 degrees 03 minutes 25 aeconds East 2842.38 . feet to the POINT OF BEGINNING. . Containing 220.19 AD. more or .... ~/#l ",/ Exhibit C Conditions of Approval/Mitigation Measures EXHIBIT C TEN SECTION DEVELOPMENT PROJECT - GENERAL PLAN AMENDMENT NO. 05-1580 CONDITIONS OF APPROVAL PLANNING 1. Prior to approval of a grading plan and any land disturbance, the de~loper shall provide endangered species habitat mitigation lands and associated fees to the MBHCP program pursuant to BMC Section 15.78.060. Mitigation for potentially signifICant biological impacts. Note: The land to be transferred requires approval from the wildlife agencies and the MBHCP Trust Group. The process could take several months. The developer should become more familiar with 15. 78.060 and allow sufficient time to -complete the process. No grading plans will be approved until 15. 78. 060 is satisfied. 2. Prior to recordation of final tract map, the project applicant shall submit to the Planning Department, for approval, a perpetual conservation easement for the buffer area outside of the project development foot-print, prohibit project related >construction activities within the easement area and require that the conservation ..easement be recorded prior to r.ecordation of any phase of the final tract map. For public health, safety, and welfare. 3. Prior to recordation of final tract map, the project applicant 'Shall submit to the Planning Department, for approval, a Perpetual Management and Monitoring Agreement (PMMA) to manage, monitor and maintain the conservation easement lands in perpetuity. Fer public health, safety, and welfare. 4. Prohibit residential uses, specifically the construction of homes within a ubuffer" area of approximately 18 acres within the project boundaries adjaoent to the southerly and southeasterly borders separating the Project and Kern Water Sank Authority{KW8A) property. The final configuration of the 18 acres of buffering lands shall substantially..conform to the attached exhibit labeled uCity Council Exhibit-. For public health, safety, and welfare. 5. Prior to recordation of a final tract map a block wall no Jess than 6-feet in height be constructed along the southern, southeastern, and -southwestern portions of the Pr()ject foot- print, including easterly areas where rods border the proposed buffer areas and KWSA property. The construction of the walls shall coincide with the de~lopment of .each phase of the project. For public health, safety, and welfare. 6. Prior to r.ecordation of final tract map for any phase of the development, the applicant -shall provide evidence that it has entered into a reimbursement agreement with KWBA for the purpose of mitigating potential devaluation of habitat -credit for no more than 20 acres of KWBA lands adjacent to the project. The above stated condition and the requirements thereto shall expire one year from the date of approval of a vesting tentative tract map for any portion of the property. The condition and the requirements ther;eto shall remain in full force and effect provided that a written determination detrimental to habitat "Credit valuation of KWBA landsadjaoent to the project is made by the California Department ofFish and Game within the time period stated above. For public health, safety, and welfare. 7. Prior to FeCordation of final tract map, the project applicant -shall'$oomit to the 'Planning Department, for approval, disclosur.e notk)e to 'Pf<>ject homeowners that .contains the follo~ng ." language: Exhibit'C project tt05-1580 Page 2 of 20 MOue to the periodic inundations of Kern Water Bank Authority r:eooarge areas known as K1 and K2, residents may be subject to conditions that may r:esult in increased 'POPulations of mosquitoes and increased exposure to mosquito borne illnesses r.elative to other areas in Metropolitan Bakersfield. Residents may also be exposed to fish odors arising from small fISh die-off as recharge water is absorbed into the ground and. ponds dry up". The disclosure notice shall be recorded as a covenant running with the land. For public health, safety, and welfare. RECREATION AND PARKS 8. Prior to approval of a final subdivision for urban development, the subdivider -shallen~r into an Agreement with the City of Bakersfield related to provision of parks. For orderly development and to satisfy park land requirement{BMC Ch 15.aD) and park development requirement (BMC Ch. 15.82) 9. Prior to recordation of any phase containing a public park the subdivider shall.construct.curbs, gutters and sidewalks and landscaping to City standards on all sides of the pari<<s). For orderly development. ' PUBLIC WORKS DEPARTMENT 10. Along with the submittal of any development plan, prior to approval improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall oocur: a. Provide fully executed dedication for Panama Lane to arterial standards for the full frontage of the area within the GPA request. Dedications shall include-sufficient widths for expanded intersections and additional areas for landscaping as direded by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPA1ZC area is submitted, -dedication <:an -be .provided with the map. For orderly development. b. Submit a comprehensive drainage study to be reviewed and approved by the ..city Engineer. No more than 2 sumps may be utilized to serve this alAea. The study -shall be approved and any required retention sites and necessary.easements dedicated to the.city. For orderly development. c. In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all r*ntion and detention basins (sumps) shall have a mechanical device in the storm drain sy*m to remove or minimize the introduction of oil, grease, trash, and sediments to the 'Sump. This device -shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. d. Sewer service must be provided to the GPAJZC area. A portion of this 'Site is within the McAllister Planned Sewer Area, and a sewer main line is being installed in 'Panama Lane for the PSA. Submit a comprehensive sewer study for the.entire -GPA/ZC area to-be reviewed and approved by the City Engineer to determine if theecisting line has -suffICient capacity for this project. If required, the developer 'Shall be responsible for the..e)densiol? Pi an additional sewer line to serve the portion of the property that-cannot.tJe aecomm~' &hbit<: Project t05-1580 Page 3 of 20 in the McAllister line. The City is willing to aid the developer in the fonnation of a Planned Sewer Area for the area outside the existing ?SA and/or an A'Ssessment .Qistrict to provide a mechanism for the reimbursement of oversizing costs to the developer. For oFderly development. e. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. If the project area is developed with a 'Single tentative tract map, then the phasing of improvements will be delineated with the tract conditions. For orderly development. f. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the boundary of the property, unless otherwise 'Specified. The developer is also responsible for the <:onstruction of any off site infrastructure r.equhed to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addreS'Sed at the subdivision map 'Stage. For orderly development. 11. Along with the development of this GPA/ZC area, the improvement.of the 'South half of Panama Lane on the Water Bank frontage will be required. Improvements shall include, but not be limited to, paving, curb, gutter, sidewalk, streetlights, and stonn drainage facilities. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front.costs for .eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. For orderly development. 12. The development is responsible for and shall pay a fee for a portion of the West 8eltway construction. For orderly development. 13. The entire area covered by this -General Plan Amendment 'Shall be included in the Consolidated Maintenance District. The applicant 'Shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 14. Construction of the landscaped median for the Panama Lane {arterial) frontage of the property within the GPA/ZC request is required with the construction of Panama Lane. 'For orderly development. 12. At opening day, mitigation items 5.5-2a, 5.5-2d and"5.5-2f'Shall be implemented. "For orderly development. 13. At opening day, Panama Lane from the west project boundary to auena VISta -Rd, 'Shall be widened to 4 lanes with and 4 foot shoulders. Width 'Shall be designed to accommodate a standard median. For orderly development. 14. Prior to recordation, provide and have approved a fee schedule, based upon approwd estimates, using the fair shares from the traffic study of all.other items not listed above from sections 5.5.7 and 8.5.2. In the.2030<:umulative-scenario, the"Study identified items that would be required beyond 'Standard, including 5 intersections and'Several8iane arterials. '(,)i\f<CI) \(\ .,\ .- f.::: c) , , ' \ ' ExhIbltC Project #05-1580 Page 4 of 20 Their feasibility should be more closely <;onsidered and included in the .estimates. For orderly development. 15. Credits against the RTIF will be considered for any items construded that are on the'RTIF list at time of improvement. For orderly development. 16. Regional Transportation Impact Fee - Regional Mitigation: Prior to the issuance of building permits, the project applicant shall participate in the RTIF program. The applicant 'Shall submit funding calculations for all improvements associated with the RTtF program pursuant to the current policy of the Public Works Department for said calculations. 'Said -calculations 'Shall be updated based upon the adopted RTIF at time of further subdivision. For orderly (iellelopment. CITY ATTORNEY 17. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agr.ees to indemnify, defend, and hok:l harmless the City of Bakersfield, its officers, agents, employees, departments, .commissioners or boards ("City" herein) against any and all liability, claims, actions,<:auses of action or demands whatsoever against them, or any of them, before administrative or judicial tribunats of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CECA approval or any related development approvals or conditions whether imposed by the City, or not, elfCept for CITY's sole aCtive negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this 'COndition apply regardle'SS of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any 'Such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its "SOle discretion, shall be allowed to choose the attorney or outside law firm to <lefend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT MINERAL RESOURCES Mineral Resource Availability 18. {5.2-1a) Prior to tentative tract approval, the Project Applicant shall either acquire all subsurface rights (i.e., mineral, oil, etc.) owned by private parties, or avoid the plaGement of structures within known subsurface estates owned by other parties, or obtain a waiver from such subsurface estate owner consenting to the development activity and attesting it will not substantially interfere with the mineral extraction activities. 19. {5.2-1 b) With submittal of the tentative tract map, an oil well easement shall be induded.on the tract map of adequate size to allow for access for any drilling or maintenance activities. Additionally, the tract map shall provide for the rerouting or easements for mineral pipelines within the Project 'Site. 1\ .': ~.-:: \.j C/ ;'.-' .exhibit C Project to5-1580 Page S of 20 Oil Well Abandonment 20. (5.2-3a) Prior to recordation of final map, all abandoned oil wells shall be located and eKposed for inspection and leakage testing. Proof of proper abandonment 'Shall be obtained from DOGGR. Said proof, shall be submitted to the Planning Director prior to recordation of 'final . maps. . 21. (5.2-3b) Prior to the approval of grading plan all abandoned oil wells 'Shall be surveyed and accurately plotted on the proposed tentative tract map with a ten-foot no-build radius. A legible copy of a map showing final tract design shall be submitled to the DOGGR. 22. (5.2-3c) Prior to approval of grading plans OOGGR shall be 'Contacted to obtain information on the requirements for and approval to perform remedial plugging operations if any other abandoned or unrecorded wells are uncovered or damaged during e>eeavation or .grading. 23. (5.2-3d) Prior to recordation of final map on-site abandoned oil wells shall be -EHCamined for contaminated soils. If such soils exist, the soil will be treated in place with best available technology or capped in place. PUBLIC HEALTH AND SAFETY Short-Tenn (Construction) Impacts Soil Contamination 24. (5.3-1 a) Prior to recordation of final map, the developer 'Shall conduct soil.characterization and sampling of the stained soil within the Project site within the areas of the former oil field sumps, barren land, the former natural gas facility and all other areas of stained 'SOils within the Project site as needed to determine the presence or absence of hazardous materials. If concentrations of materials are detected above regulatory cleanup levels during demolition or. construction activities, the following mitigation measure shall include: . Excavation and disposal at a permitted, off-site facility; . On-site treatment; or , . Other measures as appropriate. Prior to recordation of final map, the Applk:ant shall remediate all oil-contaminated -soifs to the satisfaction of the Local Unified Program Agency (the OffICe of .Environmental Services Bakersfield City Fire Department) in conjunction with the 'State ~ional Water Quality Control Board and/or the Califomia Department of Toxic Substances Control. 25. (5.3-1 b) Prior to recordation of final map, the barren patches of land in the 'South~ntral portion of the site shall be 'Sampled for 'Salt content along with pH and metals. Prior to grading, soil from these barren patches, if determined to contain elevated-salt-'OOntent, pH and metals, shall be thoroughly mixed with on4ite 'Soil to reduce the .chloride and 'Sulfate concentrations to near background 'Concentrations. :26. (5.3-1c) Prior to recordation of final map, the 260 tons of stockpiled tar-impacted soil 'Shall be transported to a permitted facility for drsposallrecycling. The eMCavation area 'Shall ..~ ,I{, backfilled and compacted with dean'50iI to match .e<;sting "Surfaces. v "~2) -.:\ r-.-' r' ,-. ) ! C~ ~ [\' : ExhIbltC project lV05- t580 Page'6 of 20 27.{5.3-1d) During grading and construction activities, if any unknown ar.eas of petroleum- impacted soil are uncovered on-site, the area(s) shall be thoroughly assessed and remediated, if warranted. On-Site Facilities 28. (5.3-1e) Prior to recordation of final map the three pole mounted transformers 'Shall be properly removed from the Project site and disposed of at an approved disposal location. Hazardous Materials Users/Facilities 29. (5.3-3a) With submittal of any tentative tract map, or any phase that includes a pipeline easement or portions thereof, the subdivider shall show the pipelines have been r:erolMd or easements have been incorporated into the final map with a notation that structures, including accessory buildings and swimming pools, are prohibited within the .easements and record a corresponding covenant. 30. (5.3-3b) With submittal of the tentative tract map, or any phase that includes a pipeline easement or portion thereof, the subdivider shall show that no habitable portion of a structure shall be built within 50 feet of a gas main or high pressure transmission line with 36 inches of cover, and record a corresponding covenant. 31. (5.3-3c) With 'submittal of the tentative tract map the Project Applicant shall ensure that no structures are located within 40 feet of a hazardous liquids pipeline bearing refined pr-oduct with 48 inches or more of cover. If a pipeline meets this criteria, the Project applicant 'Shall incorporate the 40 foot setback line on the final map and a cOrFesponding covenant 'Shall be recorded prior to or concurrently with recordation of any phase that is affeded. 32. (5.3-39) With submittal of the tract map the Project Applicant shall ~nsure that for any subdivision within 250 feet of the pipeline easements, a covenant is recorded with the City disclosing the location of all pipelines. 33. (5.3-3f) Prior to issuance of building permits, the applicant shall inform future f8SidentS that residents may be subject to potential health risk associated with the presence of mosquitoes in close proximity to the Project site at groundwater banking projects and KWB lands through a covenant filed on the Project site (disclosed to residents through the purchase process), or through disclosure forms that shall be signed by new residents. The disclosure forms 'Shall indicate that the residents acknowledges that the Project site is in close proximity to the KWS lands and other groundwater banking projects which may 'Subject Fesidents to potential nuisance and potential health risks, such as vector-borne diseases, .caused by the .pr.esenoe of mosquitoes. 011 Production Facilities 34. (5.3-4b) Prior to recordation of a final map, the Project contraotor 'Shall .coordinate with DOGGR to verify that the existing abandoned wells meet current -closUFe r.equirements. Should abandonment or reabandonment be required, appropriate -closure activities "Shall be completed under consultation with the DOGGR. V.eriflC8tion of adequate abandonment or reabandonment shall be provided <to the Planning Director prior to the recordation of any 1inal map affeded. r ~ \._' &hiblt<C project tI05-1S80 Page 7 of 20 35. (5.3-4c) Prior to or concurrent with filing of a final map the applicant shall inform futulle residents about adjacent oil production activities through a .covenant filed on the Project-site (disclosed to residents through the purchase process), or through disclosure forms. that -shall be signed by new residents. The disclosure forms shall indicate that the resident acknowledges that adjacent land uses consist of petroleum production and that such activities can cause inconveniences or discomforts arising from 'Such operations.on any 24-hour basis. 36. {5.3-4d) Prior to recordation of final map, each well shall be 10caEd and inspeded. The on- site idle wells shall be properly abandoned. Valley Fever 37. (5.3-7) Refer to Section 5.7, AIR QUALITY, regarding fugitive dust mitigation measuFeS. AESTHETICS, LIGHT, AND GLARE Short-Term (Construction) Aesthetic Impacts 38. (5.4-1 a) Prior to the issuance of grading permits, the developer 'Shall 'S~ow the temporary construction equipment staging areas within the Project -site through the duration of construction. Appropriate screening (e.g., temporary opaque fencing {six feet in height)) shall be used to buffer views of construction equipment and material, when feasible. Staging locations are subject to review and approval of the City Planning Department. Additionally, all construction activities would be required to be consistent with the Bakersfield Municipal Code requirements and conditions of approval. Light and Glare 39. (5.4-3) With submittal of a tentative tract map, the Project Applicant 'Shall .ensure that the Project's exterior lighting does not spill over onto the adjacent uses,all.exterior light fiJctUFeS, including street lighting, shall be shielded or directed away from adjoining uses, pursuant to all applicable lighting standards and requirements of the City of Bakersfl6/d Municipal Gode and Zoning Code. TRAFFIC AND CIRCULATION Short-Term (Construction) Impacts 40. (5.5-1a) Prior to grading permit issuance, a TraffIC Management Plan (TMP) -shall be submitted for review and approved by the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate 'Sign posting, and detours (including for pedestrians and bicyclists). The TMP shall "Specify implementation timing of .each plan element (prior notices, sign-posting, detours, .etc.) as determined appropriate by the City Engineer. Adequate access to and from adjaoent residential areas shall be pr.ovided at all times. The TMP shall be reviewed and approved by the City Police and 'Fire Departments 'SO that construction does not interfere with any .emergency response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 41. (5.5-1 b) Prior to issuance of grading permits the Project Contractor shall establish proper detours and warning 'Signs -to ensure public 'Safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper -storage of equipment and .oonstruction supplies; and covering loOse piles of 'SOil , "Silt, .clay,'Sand4ebris, or other.earthen material. ~ ) C ExhIbItC project #05-1580 Page 8 of 20 Project Trip Generation 42. Prior to recordation of final tract map, the following improvements shall be implemented, with the exception of measures 5.5-2a, 5.5-2d, and 5.5-2f, which shall be implemented on opening day: (5.5-2a) Install a traffic signal at 1-5 northbound rampsrraft Highway. (5.5-2b) Install a traffic signal at South Allen Road/Ming Avenue. (5.5-2c) Construct the following at Buena Vista RoadlWhite Lane. . Add a second (dual) left turn lane to the southbound approach on Buena VISta Road. . Add an additional through lane to the southbound approach and departure on Buena Vista Road. (5.5-2d) Install a traffic signal at Buena Vista Road/Campus Park Drive (RTIF improvement). (5.5-2e) Install a traffic signal at Buena Vista Road/Pacheco Road (RTlf improvement). (5.5-2~ Install a traffic signal at Buena Vista Road/Harris Road {RTIF improvement). (5.5-2g) Construct the following at Buena Vista Road/Panama Lane: . Install traffic signal (RTlf improvement) . Add a left turn lane to the northbound approach . Add a right turn lane to the northbound approach . Add a left turn lane to the southbound approach . Add a right turn lane to the southbound approach . Add a . left turn lane to the eastbound approach . Add an additional trough lane to the eastbound approach and departure . Add a shared through-right turn lane to the westbound approach . Coordinate the traffic signals along Panama Lane (5.5-2h) Construct the following at Old River Road/Panama Lane: . Install traffic signal (RTIF improvement) . Add a left turn lane to the northbound approach . Add a left turn lane to the southbound approach . Add a left turn lane to the eastbound approach . Add a left tum lane to the westbound approach . Coordinate the traffic signals along Panama Lane (5.5-2i) Construct the following at Ashe Road/Panama Lane: . Install a traffic signal (RTIF improvement) . Add a left tum lane to the northbound approach . Add a through lane to the northbound approach and departure (RTIF improvement) . Add a right turn lane to the northbound approach . Add an additional (dual) left turn lane to the southbound approach . Add an additional through lane to the southbound approach and departur:e {RTIF improvement) . Add an additional (dual) left turn lane to the.eastbound approach . Add an additional through lane to the .eastbound approach and departure &hlbit C project #05-1580 Page 9 of 20 . Add. an additional left turn lane to the westbound approach . Add an additional through lane to the westbound approach and departure . Coordinate the traffic signals along Panama lane (5.5-2j) Construct the following at Wible Road/Panama Lane: . Add an additional (dual) left turn lane to the northbound approach . Provide overlap phase for northbound right turn lane and prohibit west bound U-turn movements . Add an additional through lane to the southbound approach and departure {RTIF improvement) . Add an additional (dual) left turn lane to the westbound approach . Coordinate the traffic signals along Panama Lane Roadways, (5.5-2k) Add four lanes to South Allen Road, between Brimhall Road and {future) Westside Parkway. (5.5-21) Add four lanes to South Allen Road between (future) Westside Parkway and Stockdale Highway. , (5.5-2m) Add two lanes to Buena Vista Road, between Pacheco Road and Pensinger Road. (5.5-2n) Add two lanes to Buena Vista Road, between Pensinger Road and Panama Lane. (5.5-20) Add two lanes to Calloway Road, between Brimhall 'Road and .(future) Westside Parkway. (5.5-2p) Add one lane to Gosford Road, between Harris Road and Panama Lane. (5.5-2q) Add two lanes to Panama Lane, between Buena vista Road and Old Ri~r Road. (5.5-2r) Add two lanes to Panama Lane, between Old River Road and <3osford Road (RTIF improvement). (5.5-2s) Add two lanes to Panama Lane, between-Gosford Road and A'She'Road. (5.5-2t) Add two lanes to Panama Lane, between Stine Road and Wible Road (RTtF improvement). (5.5-2u) At opening day, Panama Lane from the west project boundary to Buena Vista road, shall be widened to 4 lanes with and 4 foot 1;houlders. Widths ~hall -be designed to accommodate a standard median. 2030 Cumulative Plus Proiect 43. Prior to recordation of final tract map, the following improvements -shall be implemented: Intersections (5.5-2V) Install a traffIC signal at South 'Enos Lane/Panama Lane and provide -signal coordination along Panama Lane. Exhibit C Project 105-1580 Page 100120 (5.5-2w) Install a traffic signal at 1-5 southbound rampslTaft Highway {SR 119). (5.5-2x) Install a traffic signal at Canfield Parkway/Panama Lane. This will also result in satisfactory LOS at Canis Drive/Panama Lane due to rerouting of vehicles. (5.5-2y) Construct the following at South Allen Road/Campus Park Drive: . Add a second eastbound though lane . Add a second westbound though lane, . Coordinate signal timing along South Allen Road (5.5-2z) Provide for coordinated signal timing at South Allen Road/Pacheco Road; no additional lane geometries are required. (5.5-2aa) Provide for coordinated signal timing at 'South Allen 'Road/Panama Lane; no additional lane geometries are required. (5.5-2bb) Construct the fOllowing at Buena Vista RoadlStockdale Highway . Convert a northbound through lane to a third northbound left tum lane and provide a Fetum lane on the westbound departure. (5.5-2cc) Construct the following at Buena Vista Road/Harris Road: . Add a second (dual) eastbound left tum lane (5.5-2dd) Construct the following at Calloway DrivelWestside Parkway westbound ramps: . Add a southbound right tum lane (5.5-2ee) Provide for coordinated signal timing at Old River RoadlPanama Lane; no additional lane geometries are required. (5.5-2ft) Construct the following at Gosford Road/District Boulevard: . Add a second (dual) eastbound left tum lane (5.5-2gg) Provide for coordinated signal timing at Ashe Road/Panama Lane; no additional lane geometries are required. (5.5-2hh) Provide for coordinated signal timing at New Stine Road/Panama Lane; no additional lane geometries are required. (5.5-2ii) Construct the fOllowing at West Beltway northbound ramps/Panama Lane: . Add a second (dual) eastbound left tum lane . Coordinate signal timing along Panama Lane (5.5-2jj) Prior to the issuance of building permits, the project applicant shall .participMe in the RTIF program. The applicant shall submit funding -calculations for all improvements associated with the RTIF program .pursuant to the 'Current policy of he "Public WOJ;k$" exhibit C Project #05-1580 Page 11 of20 Department for said calculations. Said calculations "Shall be updated based upon the adopted RTIF at time of further subdivision. (5.5-2kk) Prior to recordation of a tract map, the Project Applicant -shall provide and have approved a fee schedule, based upon approved .estima~s using the fair 'ShaFeS from the Traffic Impact Study, for all other mitigation measures listed in the Traffic Impact Study that are not listed in Sections 5.5.7 and 8.5.2 of the EIR. Additionally, the feasibility of mitigation lor the intersections and roadways with signifICant and unavoidable impacts, listed below, 'Shall be more reevaluated and included n the fair share .estimaEs. Intersections Allen Road/Westside Par1<wayseastbound ramps Allen Road/Pensinger Road Calloway DrivelStockdale Highway Gosford Road/Panama Lane Wible Road/Panama Lane Roadwav Seaments Buena Vista Road, between Stockdale Highway and Ming Avenue Calloway Drive, between Brimhall Road and Westside Parkway Calloway Drive, between Wests ide Parkway and 'Stockdale Highway Old River Road, between Stockdale Highway and Ming Avenue Old River Road, between Ming Avenue and White Lane Gosford Road, between District Boulevard and Harris Road Gosford Road, between Harris Road and Panama Lane Stine Road, between Harris Road and Panama Lane Wible Road, between Harris Road and Panama Lane Ming Avenue, between Buena Vista Road and Old River Road Panama Lane, between Buena Vista Road and Ashe Road Panama Lane, between -Gosford Road and Ashe Road Panama Lane, between Ashe Road and Stine Road Panama Lane, between Stine Road and Wible Road Panama Lane, between Wible Road and SR-99 Cumulative Impacts (2020 Conditions) 44. (5.5-5) Refer to mitigation measures 5.5-2a through 5.s-.2gg. NOISE Short-Term (Construction) Impacts 45. (5.6-1) Prior to issuance of grading permits, the contractor shall provide evidence aooeptable to the City Building Department that, pursuant to the City's Municipal Code Section 9.22.050, construction activities shall be limited to the designated daytime hours (currently '6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends). No construction is allowed on Federal holidays. On-Site Mobile Source Impacts 46. ~5.6-3a) Prior to r.ecordation of a final map noise barriers shall be oonstructed at the following proposed 'Single-family residential locations: . ," 1- Cxhiblt -c project #05-1580 Pege12of:20 . 7.0-foot high sound wall for all lots backing up to Panama Lane, and . 6.o-foot high sound wall for all lots backing up to Canfield Parkway. The noise barriers' weight (Le., walls and/or earthen berms) shall be at least 3:5 pounds per square foot of face area and have no decorative ~utoffs or line-of1ite openings between shielded area and the roadway. 47. (5.6-3b) Pri~r to issuance of building permits the applicant shall provide a windows closed condition for all homes backing up to Canfield Parkway and Panama Lane. A windows -closed conditions requires a means of mechanical ventilation per the Uniform Building Code standards. This shall be achieved with standard air-conditioning or a fr.esh air intake 'System. 48. (5.6-3c) Prior to issuance of building permits the applicant shall.ensure that the air intake ducts for all homes backing up to Canfield. Parkway and Panama Lane will be orien&ed away from the roads and shall incorporate at least six feet of flexible ftberglass ducting and at least one 90 degree bend. There shall be no other openings (Le., mail 15lots, vents, -etc.) in the exterior walls. 49. (5.6-3d) Prior to recordation of a final map the applicant shall provide .e>derior walls with a minimum Sound Transmission Class (STC) rating of 46. Typical walls with this rating have 2X4 studs or greater, 16 inches o.c. with R-13 insulation, a'minimum 7/8 inch eKterior-surfaoe of cement plaster and a minimum interior surface of % inch gypsum board. 50. (5.6-3e) Prior to the approval of grading plans, the applicant shall provide window and door assemblies used throughout the Project that are free of cut outs and openings, well frtled and well weather-stripped. 51. (5.6-3f) Prior to the approval of grading plans, the applicant shall provide upgraded windows with a Sound Transmission Class (STC) rating 35 or higher for homes backing up to Panama Lane. The 35 STC rating would cover a worst-case noise impact, which may be r.educed through performing an architectural acoustical analysis when the architectural plans ar.e completed. Stationary Source Impacts 52. (5.6-4) Prior to recordation of a final map, plans shall illustrate that an 8:0-foot ~und barrier is provided around the perimeter. of the pump -station. The 'Sound barrier's weight 'Shall be at least 3.5 pounds per square foot of face area and have no decorative cutouts or line-of4ite openings between the nearest r.esidences and the .equipment. The 8:O-foot -sound wall height should be adequate to cover a worst-case pump station noise impact, however, the wall height may be reduced through performing a pump -station acoustical analysis when the pump station plans are completed. AIR QUALITY Short-Term (Construction) Emissions 53. (5.7-1 a) Prior to grading plan approval the Applicant shall implement the"following measuleS to minimizeengine.exhaust .emissions and developer 'Shall provide a written .'Statement to the Planning Department prior to the issuanoe of building permits that they will-comply with t~:, following: . &hiblt C Project #05-1580 Page 13 of 20 . Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. . Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. . Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. . Use electric equipment for construction whenever possible in lieu of fossil fuel-filled equipment. . Curtail construction during periods of high ambient pollutant -concentrations. . Construction equipment shall operate no longer than eight cumulative hours per -day. . All construction vehicles shall be equipped with proper emission -control..equipment and kept in good and proper running order to reduce NOx emissions. . On-road and off-road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. . On-road and off-road diesel equipment shall use diesel particulate filters if permiUed under manufacturer's guidelines. . On-road and off-road diesel equipment shall use cooled exhaust gas recifCulation {EGR) if permitted under manufacturer's guidelines. . Use of Caterpillar pre-chamber diesel engines or equivalent shall be utili2d if .economic and available to reduce NOx emissions. . All construction activities within the Project area shall be discontinued during the first 'Stage smog alerts. . Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level.eKoeeds 020 ppm {one-hour average) . 54. (5.7-1 b) Prior to grading plan approval the applicant 'Shall demonstrate to the -City of, Bakersfield & SJV APCD the all construction shall comply with -control measures 'Set forth under Regulation VIII of the SJVUAPCD Fugitive PM10 Prohibition. The Project Contractor shall implement the following mitigation measures, in addition to those required under Regulation VIII of the SJVUAPCD, to reduce fugitive dustemissions: . Water previously disturbed .exposed surfaces {soil) a minimum of thr.ee-timesJday or whenever visible dust is .capable of drifting from the 'Site or approaches 20 percent opacity. . Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust from such roads is.capable of drifting from the site or approaches 20 pe.-oent opacity. Exhibit C Project #05-1'580 Page 14 of 20 . All accesS roads and parking areas shall be cover~d with asphalt-concrete paving or water sprayed regularly. . Dust from all on-site and off-site unpaved aocess roads 5hall be ~ffectiv.ely 5tabiliir.ed by applying water or using a chemical stabilizer or suppressant. . Reduce speed on unpaved roads to less than 15 miles per hour. . Install and maintain a trackout control device that meets the specifICations of SJVUAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than ,20 vehicle trips per day by vehicle with three or more axles . Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabiliz~rs or by covering with a iarp, other suitable cover or vegetative ground cover. . Control fugitive dust emissions during land clearing, grubbing, 5craping, eMC8vation, leveling, grading or cut and fill operations with application of water or by presoaking. . When transporting materials offsite, maintain a freeboard limit of at lea5t ~ix inches and cover or effectively wet to limit visible dust emissions. . limit and remove the accumulation of mud and/or dirt from adjaoent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited eMCept when preceded or accomparied by suffICient wetting to limit visible dust emissions and use of blowers is expressly forbidden). . Stabilize the surface of storage piles following the addition or r~moval of materials using water or chemical stabiljzer/suppr~ssants. . Remove visible track-out from the site at the end of .each wo~ay. . Cease grading activities during periods of high winds (greater than 20 mph over a one- hour period). . Asphalt-concrete paving shall comply with SJVUAPCD 'Rule 4641 and r.estrict use of cutback, slow-cure and emulsified asphalt paving materials. . Grading shall be conducted in phues. . Project site shall not be cleared of existing vegetation cover until Fequir.ed by <:onstruction. . The Project developer shall revegetate graded ar~as as soon as it is feasible after construction is completed. 55. (5.7-1 c) Prior to issuance of grading permits, the Project Contractor and/or Oeveloper ~hall submit a written statement to the City of Bakersfield Planning Department ~tating that they shall maintain records documenting compliance with all mitigation measur.es as r:equir:ed and shall make such records available to the SJVUAPCD upon request. 56. (5.7-1 d) Prior to approval of grading plans, the Project ..contractor and/or Oeveloper shall submit a written statement that they will allow an authori2d ~pr.esentative of the SJVUA'PCD to r~viewconstruction ,equ~ment activity and mitigation measure FeCOFds for -the 'Pu~ p( exhibit C Project 105-1580 Page 15 of 20 assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. Long-Tenn (Operational) Impacts 57. (5.7-2) Prior to tentative tract map approval, the Project Applicant shall demonstrate that the following features have been incorporated into the Project design: . Provide electrical outlets in the front and rear yards for landscape.equipment; . Limit the number of solid fuel burning fireplaces per SJVUAPCO Rule 4901 ; . Provide sidewalks shall alongside roadways; and . Provide bike lanes on arterials and collectors. 58. (5.7-2b) Prior to approval of building permits, the applicant shall <:amply in all respects with developer's obligations under that certain Air Quality Mitigation Agr.eement approved by the San Joaquin Valley Air Pollution Control District and devetoper. Developersa>mpliance with the Air Quality Mitigation Agreement will result in a r.eduction of ROG, NOll, and PM10 net emissions to zero or in quantities sufficient to fully mitigate the projects air quality impacts to the extent that the development of the project will result in no net increase.emissions over the criteria pollutant emissions which would otherwrse exist without the development of the project, all as verified by the San Joaquin Valley Air Pollution Control District. The Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution Control District, and entered into by and between the Drstrict and developer is a voluntary emission reduction program in line with Air District goals, and similar in natuFe to other agreements entered into by the Air District. BIOLOGICAL RESOURCES Short-Tenn (Construction) Impacts 59. (5.8-1a) Refer to the mitigation measures provided in Section 5.7, AIR QUALITY. 60. (5.8-1 b) During grading activities, the Project Applicant shall.ensure that .construction vehicle speed limits do not exceed 20 miles per hour (mph) and the speed limit is posted throughout the site for the duration of construction activities. 61. (5.8-1c) Refer to the mitigation measures provided in'5ection 5.6, NOrse. 62. (5.8-1d) Prior to site grading or construction, site boundaries shall be fenoed to p~vent construction equipment and vehicles from impacting adjacent habitat areas potentially occupied by special-status species. t_ Exhiblt<: Project #05-1580 Page 16 of 20 64. (5.8-3b) Prior to grading plan approval the applicant shall implement avoidance measures for San Joaquin kit fox dens, follow all agency guidelines regarding kit fox tracking and excavation to prevent entrapment of animals in potential dens, as Fequir.ed by the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). 65. (5.8-3c) Prior to the approval of grading plans and grading activities all pipes,oCulwrts or similar structures with a diameter greater than four inches shall be -capped or blocked to prevent entry by San Joaquin kit fox and other wildlife. If a pipe is not <:apped, it shall be inspected for kit fox. If any kit fox are observed within the pipe, they shall be allowed -to escape unimpeded. 66. (5.8-3d) Prior to grading plan approval the applicant shall ensure that all tfienches or steep- walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp,with long trenches' ~ontaining at least one ramp every % mile. The ramps shall be no 15teeper than a ratio of 1:1. 67. (5.8-3e) Prior to grading plan approval all employ.ees, contractors or other persons involved in the construction of the Project shall attend a "tailgate" session informing them of the biok>gical resource protection measures that shall be implemented for the Project. The orientation 15hall be conducted by a qualified biologist and shall include information regarding theljfe history of the protected species, reasons for special status, a summary of applicable :environmental law and measures intended to reduce impacts. . ~ 68. (5.8-3f) Prior to grading plan, the Project Contractor shall.ensure all pets shall be .a>nfinecl to on-site areas either by remaining leashed or confined within a suitable fenced area. 69. (5.8-3g) Prior to approval of grading plans and grading activities the Project Contractor 15hall conduct pre-construction surveys prior to ground disturbance to ensure that no burrowing owls are present on-site and to ensure avoidance of direct take or accidental ,.entrapment of burrowing owls. If nests are encountered, use agency-approved buffer.zorles and avoid nests until the young have fledged. Additionally, the following meaSUfieS, taken from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be followed in oFCler to minimize impacts, preserve habitat, and reduce potential impacts to burrowing owls to a -level of less than significant: . Occupied burrows shall not be disturbed during the nesting season ('feruary 1 through August 31) unless a qualified biologist approved by the CDFG verifIeS through noninvasive methods that either: (1) the birds have not begun .egg-laying and incubation; or (2) that juveniles from the occupied burrows are foraging independently and are'lCapable of independent survival. . If owls must be moved away from the disturbance ar.ea, passive r.elocation~niques as described in the Staff Report on Burrowing Owl Mitigation shall be used rather than trapping. At least one or more weeks will be necessary to accomplish this and allow the owls to acclimate to alternative burrows. 70. (5.8-3h) Prior to approval of grading plans, the Project grading and construction plans 'Shall indicate that grading and construction activities, which ~ould potentially impact native bird and/or raptor nests (including burrowing owl), shall be conducted between SeJ*mber 1 and January 31, during the non-breeding season for most bird species. The following measlJlleS shall be implemented to reduce potential impacts to native birds and raptors: exhibit .c Project l\lO5-1580 Page 17 of 20 . In compliance with Section 3503 and 3503.5 of the California 'Fish and ~ame Code and the Migratory Bird Tl:eaty Act, if grading is to occur during the native bird and raptor nesting breeding season (February 1 through August 31), a qualified biologist shall determine the presence of any native bird and raptor nests prior to or -concurrent with grading activities. This determination can be made during the pre-activity 1;Urvey. CDFG and USFWS shall be contacted to obtain and comply with all appropriate .procedur:es relative to grading operations in proximity to any active nests identified, if <:anstruction activities are to occur prior to fledging of young. . The pre-activity survey shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside the breeding -season (September 1 through January 31), burrows shall be avoided by a suitable buffer distance as determined by a qualified biologist. During the nesting season, burrow avoidance 1;hall cOntinue until young have fledged. 71. (5.8-3i) Prior to the approval of grading plans site boundaries shall be fenced to prevent construction equipment and vehicles from impacting adjaoent habitat areas potentially occupied by special-status species. 72. (5.8-3D During grading and construction if any previously unidentified protected species that is not addressed in the MBHCP is found to be present, the Project Applicant shall avoid the species and have it evaluated by a qualified biologist. Notify the U.S. 'Fish and Wildlife Service (USFWS) and the California Department of Fish and -Game ~CDFG) any previously unreported protected species. Any take of protected wildlife 1;hall be reported immediately to the CDFG and USFWS. Long-Term Impacts 73. (5.8-4) During construction, the Project Contractor and construction ~orkers 1;hall'Ctispose of all food, garbage and plastic in closed containers and regularly remove the >containers from the site to minimize attracting ranging kit fox or other animals to the1;ite where they may be harmed. Absolutely no deliberate feeding of wildlife shall be allowed. 74. (5.8-4b) Prior to issuance of building permits, project lands<:aping 1;hall not incorporate plants listed as invasive exotics by the US Department of Agriculture and the -California 1:xotic Plant Pest Council for the Central Valley region. In addition, vegetation on the Project'Site shall be managed in such as way that none of the invasive eKotic plants IisM!d by the Department of Agriculture are allowed to become established. Typical invasive .exotic plants that can become problematic in this region include water hyacinth and pampas grass. CULTURAL RESOURCES Archaeological Resources 75. (5.9-1a) During grading and construction, if human remains are .discoveFed <luring construction, the State of California Public Resources Code (CEQA) requires thatfurther work or disturbance of site be halted. The discovery will be inspected and ,;amains be handled in a manner consistent with Public Code '5097.98-99, Health and Safety Code 105'0.5 and CEQA Section 15064.5. These procedures require notifICation of the appropriate .comer's offICe. If the Corner determines that the remains are those of Native American, they are required to notify the Native American Heritage Comm;ssion by telephone within 24 hours. 'Secttor'1 Exhibit C project #05-1580 Page 1a of 20 5097.94 and 5097.98 of the State Public Resour.oes Code describe the proceduf:es that should be followed after notifICation of the Native American Heritage commission. 76. (5.9-1b) Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential-cultural and archaeological resources (Le. archaeological sites, artifacts, features, burials,~tc.) that may be encountered during site preparation activities, how to identify those resour.oes in the field, and of the regulatory protections afforded to those resouroes. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with .equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they, have met this requirement prior to commencement of ground- disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncoveFed, the on- site supervisor shall immediately notify a qualified archaeologist. PUBLIC SERVICES AND UTILITIES Fire Protection 77. (5.10-1 a) Prior to recordation of final map the Project plans shall be r.eviewedby the City of Bakersfield Fire Department. Specific Department requirements for aooess, fire flow, hydrants or other fire and life safety requirements shall be addressed. 78. (5.1D-1b) Refer to Section 5.5, TRAFFIC AND -CIRCULATION, for short-term -construction mitigation measures. Police Protection 79. (5.10-2a) Refer to Section 5.5, TRAFFIC AND CIRCULATION, for short-term -construction mitigation measures. Schools 80. (5.1 D-3) Pursuant to Government Code Sections ~995, '65996 and -65997, mitigation of the Project's impacts on public school facilities will be limited to the collection of 'Statutory fees authorized under Education Code Section ~17620 and Government Code Sections ~5995, 65995.6 and 65995.7 at the time that building permits are issued. Currently, these fees are set a $2.63 per square foot, and the amount is subject to adjustment..every two years. Parks and Recreation 81. (5.10-4) Prior to or concurrent with the submittal of the first subdivision map within the Project site, developer/applicant shall submit application for a Master Parks and Trails plan for the Project area. The plan must be approved by the Planning Commission prior to or concurrent with the consideration of the first subdivision map within the Project site. The plan.shall be in the format as determined by the Planning Director. -Exhibit C Project #05-1580 Page 19 of 20 Water Resources 82. (5.1 D-5) Prior to or concurrent with filing a final tract or paroel map, the Developer'Shall record a covenant for each lot in the subdivision that prohibits the export of groundwater from the subdivision except by the water purveyor that is 'Serving the 'Subdivision. Additionally, the Developer shall pay City fees for inspection of installation of water facilities and City Water Availability Fees. Payment of fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of each phase of the Project, based on the peroentage of the gross acreage contained in the particular phase to be accepted and recorded, as ~mpar.ed with the total gross acreage within the entire Project. All water main, service connections and fire hydrants shall be installed by the developer and dedicated to the City. Plans and specifications for such. water mains and appurtenances shall be prepared by and/or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water 'Supply. Solid Waste 83. (5.1D-7a) During construction, the Contractor shall separate all 'Project .construction debris and construction-related debris into recyclable and non recyclable items. All recyclable debris 'Shall be transported to appropriate recycling facilities to reduce waste disposed of at County landfills. Additionally I recyclable materials as well as materials -consistent with the waste- reducing goals of the City shall be used in all aspects of construction, when possible. 84. (5.10-7b) Prior to approval of grading plans, the Project Applicant shall submit, for review, a Construction and Demolition Recycling Plan to the Kern County Waste Management Development. The Recycling Plan shall include a plan to 'Separate recyclable/reusable construction debris. The plan shall include the method to be implemented by the Contractor to haul recyclable materials and shall include the method and location of material disposal. 85. (5.1D-7c) Prior to recordation of the final tract map, the Project Applicant shall proviae universal waste collection to the Project site along with potential mandatory -collection for curbside recycling. Electrical Services 86. (5.1 D-Sa) Prior to recordation of final map, the Project Applicant shall bring all main lines adjacent to roadways to the ultimate width. In addition, utility ..easements shall -be readily available as needed. 87. (5.10-Sb) Prior to the approval of a tract map the Project Applicant shall coordinate with PG&E staff early in the planning stages to ensure that adequate facilities are incorpollMd into the Project as soon as possible. In addition, the Project Developer shall coordinate with PG&'E staff prior to construction regarding any potential service or facility issues. GEOLOGIC AND SEISMIC HAZARDS &hiblt C project tQ5-1580 Page 20 of 20 HYDROLOGY AND WATER QUALITY flood Hazards 88. (5.12-1) Prior to approval of the tract map the Applicant shall provide the drainage system design for future developments and all future roadways, which "Shall include, but not be limited to the following requirements: . Future on-site roadways shall be designed to accommodate adequate flow capacity; . Appropriate minimum stormdrain pipe size diameter shall be specified by the City Engineer; and . Stormdrain flow velocity limitations shall be specified by the City Engineer. Water Quality 89. (5.12-3a) Prior to approval of the tract map the Director of Public Works or his/her designee shall confirm that the Project plans stipulate that prior to issuance of any grading permits, the Project Applicant shall file a Notice of Intent (NOI) and pay the appropriate fees, pursuant to the NPDES program. 90. (5.12-3b) Refer to Mitigation Measure 5.11-1. 91. {5.12-3c) Prior to approval of grading plans, the Project applicant shall pr:event any Off1ite erosion impacts during construction. Erosion control measures and temporary basins for desiltation and detention shall be specified on the grading plans and' shall be constructed to the satisfaction of the Director of Public Works prior to the 'State of grading -operations. CUMULATIVE IMPACTS 92. Prior to approval of grading plans the Project Applicant shall obtain a SUSMP for the proposed Project, as required in the NPDES permit for ar:eas draining to the Kern 'River, and provide evidence of the SUSMP to the City. 93. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of $2487 per dwelling unit for -residential use and 35~ per square foot for commercial!industrial use or the fees in effect at the time of building permit approval. If prior to issuance of a building permit said fee is merged into the regional TIF program then. payment of the regional TIF fee will be deemed to have 'Satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to ..complete construction of major transportation facilities to -serve growth and development within Metropolitan Bakersfield. For orderly development. Exhibit Tentative Subdivision - o rn (II a .... o = t"'4 ~: s- a. "tI ~ a t:S'" .... lot) , I 110 :. I . . I -I' (j 's en ~. It 0 ~(j i :z ~o . =:.' 5 t... S. - .,. - ;B~ Oil S~ ,.; ~I ..........~.."." ....,.~..._lIt.. ~\IIIIIP~iIL..4JIj .......l...... - _._.~. ______._._.~__.__ ...__ .n_<..__"____'_" ____ .._....._ -....-...,. -_...- - -~--- '. ~._...- ...-.-.-.....-.-.- - _.__..-..-." ...- .._---.. ..'-~-- - - ...'-"'-"-- ,..-...- - -....- ".---'-'-'--- ...--...... ------- -...... Exhibit 0 Statement of Facts and findings This document is the same as shown in Exhibit "B" attached to the Resolution for the Certification of the Environmental Impact Report. A complete copy of this document will be provided with the signed resolution. Exhibit E Statement of Overriding Considerations . - CITY OF BAKERSFIELD Ten Section Project GPAlZC 05-1'580 SCH NO. 2007101007 4 BAJ:IiRSJlIB1.D . EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Section 15093 of the CEaA Guidelines, decision-makers are fequired 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 -acceptableu. 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 insigniflC8nce, 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 oonsideration 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 in the project findings. The environmental analysis undertaken for the Ten Section Project indicated the Project would result in contributions to aesthetic, light and glare (cumulative impacts) and traffic and circulation (cumulative traffic) that would represent a 'SignifICant adverse environmental effect on a project basis. 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 Ten Section Project and the public record. The project benefits include the following: . Provide residential uses to meet the housing demand specified in the Metropolitan Bakersfl6ld General Plan Land Use 'Element. . Provide a residential development of 'Sufficient 'SCale to permit master planning of infrastructure, parks and public services to achieve the greatest possible efficiencies and synergies. . Provide development similar to and <x>nsistent with existing and approved development on nearby parcels to maintain and enhance -property values and enhance compatibility of neighborhood character. IN 10-104963 77 June 2007 ~ B.....EIlSFIELD ~ CITY-QF BAKERSFIELD Ten Section Project GPAR.C 05-t580 'SCH NO. 2007101007 . . Provide single-family residential homes at a variety of densities on the Project site. . Locate development in areas of relatively lesser environmental sensitivity, accommodating growth while balancing environmental considerations. . Located housing adjacent to major arterials to better promote efficient traffIC flows and minimize traffic demands on local and collective-str.eets. . Promote growth in areas with existing or developing residential neighborhoods and adequate commercial services. . Provide residential housing for a range of homebuyers. . Provide landscaping and roadway improvements along Panama Lane that will benefit the community, make the road safer for vehicles and pedestrians,and satisfy the circulation element requirements of the Metropolitan Bakersfield General Plan. The Lead Agency makes the following finding, pursuant to 'Section ~5093 of the CEQA Guidelines, with regard to the Statement of Overriding Considerations for the Ten Section Project: Califomia 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 thel8fore finds that the benefits of the proposed project outweigh the adverse impacts to aesthetic, light and glare (cumulative impacts) and traffic and circulation (cumulative traffiC) associated with the Ten Section Project, which .c;annot be eliminated or reduced to a level less than signiflCBnt. JN 10-104963 78 June 2007 Exhibit F Mitigation Monitoring and Reporting Program This document is the same as shown in Exhibit "e" attached to the Resolution for the Certification of the Environmental Impact 'Report. A complete copy of this document will be provided with the signed resolution. /, r 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 27th day of MARCH, 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4502 ,passed by the Bakersfield City Council at a meeting held on the 26th day of MARCH, 2008 and entitled: AN ORDINANCE AMENDING TITLE 17 (ZONE MAP NO. 122-28) OF THE MUNICIPAL CODE FROM A TO R-1 ON 220 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE BETWEEN NORD AVENUE ON THE WEST AND KERN COUNTY WATER BANK AUTHORITY ON THE EAST AND SOUTH. (ZC 05-1580). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP .ORD. wpd 3/26/2008 ORDINANCE NO. 4 5 0 2 - - r-"~"---- i P~OSTED ON 1.22 ;).-, ($ I by Ci Y Clerk's Office I City of ; Bakersfield lb' ~ " _.!..:;:~-;;..--=::.:::::::::: --- AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP 122-28) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 220- ACRES, GENERALLY LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE BETWEEN NORD AVENUE ON THE WEST AND THE KERN COUNTY WATER BANK AUTHORITY ON THE EAST AND TO THE SOUTH (ZC 05-1580). (WARD 5, UPON ANNEXATION) WHEREAS, in accordance with the procedures 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 a petition to change the zoning of those certain properties within the City of Bakersfield located along the south side of Panama Lane between Nord Avenue on the west and the Kern County Water Bank Authority on the east and to the south; and WHEREAS, by Resolution No. 113-07 on June 21,2007, the Planning Commission recommended denial of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 05-1580 as delineated on attached Zoning Map No. 122-28 marked Exhibit "A", more thoroughly described in attached Exhibit "B", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, for the above described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and, therefore, an Environmental Impact Report (EIR) for the project was prepared in accordance with the California Environmental Quality Act (CEQA);and WHEREAS, the applicant appealed the Planning Commission decision to deny the project; WHEREAS, the Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could have a significant effect on the environment. An Environmental I mpact Report was prepared and sent to responsible agencies and property owners within 300 feet of the project site. An Environmental Impact Report was prepared for this project in accordance with CEOA. 4. Attached Exhibit "D" containing the "Statement of Facts, Findings, and Mitigation Measures" with Exhibit "F", Mitigation Monitoring and Reporting Program is appropriate and incorporated into the project.