HomeMy WebLinkAboutORD NO 3876ORDINANCE NO. 3 8 7 6
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 HIGHWAY 99, THE ARVIN-
EDISON CANAL, SOUTH "H" STREET AND BERKSHIRE ROAD
FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) TO
A REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT)
FOR THE GRAND CANAL SHOPPING CENTER (P98-0490) .
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 a petition to change the land use zoning of those certain properties in the City of
Bakersfield generally located between Highway 99, the Arvin-Edison Canal; South "H" Street
and Berkshire Road, shown on attached Exhibit "5;" and
WHEREAS, Martin-Mcintosh Engineering requests to change conditions of
approval related to traffic, landscaping; site plan design for building square footage, height and
orientation, location of the detention sump, and parking, as shown on attached Exhibit "6" for
the Grand Canal Shopping Center consists of the following; and
A 64 + acre destination commercial shopping
center modeled after Venice, Italy architecture, a
2,400 foot long man-made canal, amphitheater and
555,000 square feet of building area as shown on
attached Exhibit "6," for the Grand Canal Shopping
Center as follows:
Use Building Area
Factory Outlet
Retail
Theater (4,400 seat)
Restaurant
Administration
Minimum Net Parking Spaces
150,000 sf
266,741 sf
75,000 sf
57,000 sf 6,259 sf
3,549 parking spaces
WHEREAS, there is a concurrent general plan amendment for this project; and
WHEREAS, by Resolution No.106-98 on September 17, 1998, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve the revised PCD (Planned Commercial Development) zone as
delineated on attached Zoning Map No. 123-25 marked Exhibit "7", subject to conditions of
approval listed in Exhibit "1 ," mitigation measures listed in Exhibit "2," and site plan review
Conditions listed in Exhibit "3," 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 Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from a PCD (Planned
Commercial Development) zone to a revised PCD (Planned Commercial Development) zone
and the Council has considered said findings and all appear to be true and correct; and
WHEREAS, the request to increase Planning Director's approval of building to
building like use from 3% to 30% is hereby denied because the nature of the Planned
Commercial Development zone is for significant changes to be considered by the Planning
Commission in a public hearing, allowing such a substantial increase in the Planning Director's
discretion is not consistent with the intent of the Zoning Ordinance, and additional
environmental analysis may be required; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on August 7,
1998, in accordance with CEQA; and
WHEREAS, for the Grand Canal project, an Environmental Impact Report
certified on January 14, 1998 by the City of Bakersfield City Council is adequate and is
incorporated by reference to this project (SCH# 97071023); and
WHEREAS, the general plan designation for this area allows commercial
development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. Based on an initial study staff determined that the proposed project will
not significantly affect the physical environment and a Negative Declaration, as mitigated, was
prepared and advertised.
4. The City of Bakersfield as lead agency has determined pursuant to CEQA
Section 15162, that on the basis of substantial evidence in light of the whole record that no
substantial changes would occur with respect to the circumstances under which the project is
undertaken which will require major revision of the previous EIR due to involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects.
5. In accordance with Public Resources Code Section 21081.6, attached
Exhibit "4" contains the Mitigation Monitoring Program for the implementing the adopted
mitigation measures.
6. The zone change is consistent with the Metropolitan Bakersfield 2010
General Plan.
7. The proposed planned commercial development zone and preliminary
development plan are consistent with the general plan and objectives of this ordinance.
8. The proposed development will constitute a commercial environment of
sustained desirability and stability, and it will compliment and harmonize with he character of the
surrounding neighborhood and community.
9. The proposed development justifies exception from the normal application
of this code in that it integrates such elements as the location of structures, circulation pattern,
parking, maintenance of all areas, improvements, facilities and services provided for the
common use of persons occupying or utilizing the property.
10 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 a Negative Declaration for this project.
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. The Negative Declaration is hereby approved and adopted.
3. 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 "7" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "8 ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached Exhibit "1", mitigation measures listed in Exhibit "2," and site plan review
conditions listed in Exhibit "3," subject to approval of GPA P98-0490.
5. In accordance with Public Resources Code Section 21081.6, attached
Exhibit "4" contains the Mitigation Monitoring Program for the implementing the adopted
mitigation measures.
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.
......... o0o .........
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
tlOV ! ~ 19o48 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO~F, RE~WLE$, SULLIVAN, SALVAGGIO
COUNCILMEMBER /~*~ ~.-
COUNCILMEMBER ~/~ ~.
COUNCILMEMBER ,~ ~ uJ L~.~
CITY CLERK and Ex Officio ~:lerk of the
Council of the City of Bakersfield
APPROVED N0¥ 1 8 1998
BOB
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CAI~HERNAND~Z
Assistant City Attorney
0490\ozc-cc
JE/pjt
October 19, 1998
EXHIBIT "1"
GRAND CANAL GPA/ZC #P98-0490
CONDITIONS OF APPROVAL
Applicant/developer shall be subject to comply with all mitigation measures of the Final
EIR for the Grand Canal project as shown on attached Exhibit 2, as amended, the site
plan review conditions, as amended shown on attached Exhibit 3, and the mitigation
monitoring program shown in attached Exhibit 4, of this resolution.
PUBLIC WORKS:
Prior to occupancy of any structure, Berkshire Road shall be constructed to its full
width, with the intersection to be constructed to the full width collector-arterial
intersection standard.
Street improvements will include off-site construction for necessary paving transitions,
street widening, etc, as required by the City Engineer.
Prior to the City Enginee¢s approval of improvement plans, provide minimum
dedication for street purposes on South H Street to 70' west of the section line.
Prior to the City Enginee¢s approval of improvement plans, provide additional
dedication for right turn deceleration lanes on South H Street.
Prior to the City Enginee¢s approval of improvement plans, provide additional
dedication on Berkshire Road west of South H Street to allow construction to the full
width collector-arterial intersection standard.
Prior to the City Enginee¢s approval of improvement plans, provide additional off-site
dedication for pavement transitions as required because of the expanded intersection
and the collector status of Berkshire Road east of South H Street.
Prior to occupancy of any structure, the applicant shall construct South H Street full
width, including a full width, landscaped median island, and all street improvements on
the east side of South H Street.
Prior to submitting any improvement plans to the City Engineer for his review, the
applicant shall provide notification of the development to Golden Empire Transit (GET)
by certified mail, with the request for proposed bus turnout locations to be indicated by
GET with locations to be submitted to the City Engineer. Venfication 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,
Pgs-o490-CON-EX1. wpd
November 6, 1998
10.
11.
12.
13.
14.
15.
16.
Exhibit 1
P98-0490 Conditions
Page 2
Concurrently with submission of final development plans or creation of the parcels to
facilitate development of the project, whichever occurs first, applicant/developer shall
submit evidence that access has been granted across private property (from the
dedicated portion of Colony Street across private property and the Arvin-Edison Canal
to the site.)
Pdor to issuance of a building permit or creation of the parcels to facilitate development
of the project, whichever occurs first, applicant/developer shall provide approved
documentation (C.C. & R.s and Property Owner's Association By-Laws) for the use and
maintenance of off-site common, shared facilities (the access road, sewer system,
drainage system. etc.).
Prior to ~ssuance of a building permit or creation of the parcels to facilitate development
of the project, whichever occurs first, applicant/developer shall provide approved plans
and profiles for the access road and canal crossing, and submit documentation that
Colony Street will be a private, non-publicly maintained road. Include road
maintenance plan.
Prior to occupancy of the first building, applicant/developer shall construct to City
standards all street improvements, including but not necessarily limited to landscaped
median island on South H Street, street paving, curb & gutter, drainage improvements,
minimum 5.5' wide sidewalk, street lights on South H Street, Berkshire Road, and the
pdvate access road. Those street improvements may require construction outside the
boundaries of the development.
Prior to issuance of a building permit or creation of the parcels to facilitate development
of the project. whichever occurs first, applicant/developer shall provide and prior to any
improvement plan approval, the applicant shall submit a grading plan and a preliminary
soil report with R values to justify paving sections and with percolation tests for any
c~rainage retention basin.
Prior to issuance of a building permit or creation of the parcels to facilitate development
of the project. whichever occurs first, applicant/developer shall submit engineered
improvement plans to be reviewed and approved by the City Engineer.
Prior to final acceptance of the sewer system, all lines shall be inspected with video
equipment designed for this purpose and as approved by the City Engineer. The
television camera shall have the capability of rotating 360°, in order to view and record
the top and sides of the pipe, as required. The video inspection shall be witnessed by
the City's construction inspector (or applicant's engineer for the private system), who
will also initial and date the "Chain of Custody" form. The applicant shall immediately
notify 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
P98-O490-CON-EX1 wpd
Novernoer 6, 1998
17.
18.
Exhibit 1
P98-0490 Conditions
Page 3
plans, of all connected laterals) of the inspection shall be provided for viewing and shall
be approved by the City Engineer prior to acceptance of publicly maintained facilities
and .approval of the private facilities. After acceptance/approval of the system, the
video cassette, forms, and logs shall become the property of the City.
The developer is required to construct an improvement which is on the facilities list for
the Metropolitan Bakersfield Transportation Impact Fee. The developer shall receive
credit against his traffic impact fees for this project. This credit is 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.
Prior to review of improvement plans by the City, the subdivider shall submit:
a. a grading plan for the subdivision to be reviewed and approved by the City
Engineer.
b. a preliminary soil report covering the entire subdivision, with
i. R values, and engineering calculations to justify the paving structural
sections proposed.
ii. percolation tests to ensure the retention basin will operate as designed.
c. a preliminary engineer's estimate.
d. plan check and inspection fees based on the preliminary engineer's estimate.
PLANNING:
19.
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.
20.
With the approval of the Planning Director, the project may be allowed to increase or
decrease by up to 3% of the gross leasable floor area of retail uses between buildings.
The same 3% increase or decrease of gross floor area for restaurants may also be
allowed upon approval of the Planning Director. The net square footage of each type
of use shall remain the same as the approval.
21.
If developer desires a 52 foot flow line to flow line width on Berkshire Road, the
developer shall be required to provide a 76 foot right-of-way width, as approved by the
City Engineer. (Public Works; P98-0133)
22. The bus turn out shall be Portland Cement Concrete. (Public Works; P98-0133))
P98-O490-CON-EXI. wpd
November& 1998
23.
25.
26.
Exhibit 1
P98-0490 Conditions
Page 4
The retention basin shown at the southwest corner of the PCD may be
reconfigured to a detention basin at the northeast corner of the PCD, subject to
the approval of the Kern Delta Water Storage District and the City Engineer. If a
storm water lift station is required, the subdivider/developer shaft be responsible
for the construction and the financial operation and maintenance of this lift
station. Prior to issuance of a Building Permit, the subdivider/developer shall
form a maintenance district for the maintenance of the lift station. (Public Works)
The 555,000 square foot destination shopping center building square footage is
approved as follows:
Use Buildinq Area
Factory Outlet
Retail
Theater (4,4,00 seat)
Restaurant
Administration
Minimum Net Parking Spaces
150,000 square feet
266,741 square feet
75,000 square feet
57,000 square feet
6,259 square feet
3, 549 parking spaces
(Planning; P98-0490)
Developer shall install minimum 24 inch box size evergreen trees in the
landscape area adjacent Highway 99 along the west side Buildings A and B at a
rate of I tree per 35 lineal feet from the north end of Building A to the south end
of Building B to provide visual buffer. In addition, all sides of Buildings A and B
shall incorporate the same architectural design and components as the rest of the
center. (Planning; P98.0490)
The maximum building height for Building BB ('l'heater) shall be ninety (90) feet to
accommodate IMAX theater. No windows or overlook shall be permitted on the
south side of the building. (Planning; P98-0490)
27.
Reduction of the width of the sidewalk and reduction of the width of the canal
adjacent Building B is allowed as shown on the attached site plan, Exhibit "6."
The minimum width of the sidewalk shall be 15 feet. (Planning; P98-0490)
Note: Bold italic text adopted with GPA/ZC P98-0490
P98-O490-CON-EX1 wpd
Novernber 6, 1998
EXHIBIT "2"
GRAND CANAL GPNZC P98-0490
SUMMARY OF MITIGATION MEASURES
Public Health and Safety
Agricultural Use of Property
5.3-1
Prior to grading plan approval, the project applicant shall perform soil tests to determine
concentrations of pesticide and fungicide residues which may be present within the
project site. Should contaminant levels be in excess of acceptable Federal, State and/or
County levels, the project applicant shall identify and implement remedial action, subject
to approval by the City of Bakersfield and responsible regulatory agencies to reduce
contaminants to acceptable levels.
Mosquito Population/Canal Water Quality
5.3-3a
Prior to Final Development Plan submittal, the applicant shall coordinate with the Kern
Mosquito Vector Control District to determine applicable methods to combat the
mosquito, including but not limited to, stocking the canal with Mosquitofish (Gambusia
aftins) to control mosquito larvae. With Final Development Plan submittal, the project
applicant shall submit written documentation from the District confirming coordination
and include a monitoring plan, if applicable, to the City.
5.3-3b
With Final Development Plan submittal, the applicant shall submit to the City of
Bakersfield for review and approval a Canal Maintenance Program which shall, at a
minimum, outline tasks (methods), responsible parties, maintenance and a monitoring
schedule addressing the following:
prevention of stagnation;
circulation of water;
mosquito abatement;
maintaining and testing water quality; and
debris control/removal.
Valley Fever
5.3-4a Refer to Section 5.7, Air Quafity, regarding fugitive dust mitigation measures.
5.3-4b All areas with bare soil exposed as a result of grading activities shall be landscaped at
the earliest time possible or stabilized by watering when winds exceed 25 miles per hour
in order to reduce the potential inhalation of spores causing Valley Fever,
Public Safety
5.3-5a Prior to issuance of Certificates of Occupancy, the applicant shall post signs prohibiting
swimming and wading in the canal. The number, location and content of said signs are
subject to review and approval by the City of Bakersfield Building Department.
Exhibit 2
#P98-490 Mitigation Measures
Page 2
5.3-5b With Final Development Plan submittal, the applicant shall submit canal designs
illustrating perimeter barriers along the canal. The type of material for fencing/gates and
the height are subject to review and approval by the City of Bakersfield Building
Department.
Aesthetics/Light and Glare
Short-Term Aesthetic Impacts
5.4-1
Construction equipment staging areas shall be located away from existing residential
uses and appropriate screening (i.e., temporaw fencing with opaque material), used to
buffer views of construction equipment and material, when feasible. Staging locations
shall be indicated on project Final Development Plans and Grading Plans and subject to
review and approval of the City. Compliance with this measure is subject to periodic field
inspections by City staff.
Long-Term Aesthetic Impacts
5.4-2a The project Final Development Plan and Landscape Plan shall include the following:
a minimum six-foot high masonry wall along the edge of the parking lot on the
site's northern boundary; and adjacent said wall, alternate planting 24 inch box
and 15 gallon size trees spaced 15 feet apad (landscaping along the northern
boundary and masonry wall shall be installed prior to issuance of occupancy
permits for the project); and
A minimum eight foot wide landscape area and a three foot high decorative
(textured) wall with block cap (not mortar) shall be constructed along the southern
boundary of the project site (north side of Berkshire Road). The minimum 8 foot
wide landscape area shall be provided along the entire Berkshire Road frontage. A
minimum three foot wide landscape area shall also be installed on the parking lot
side of the wall. Trees along Berkshire Road shall be provided at the minimum
rate of f tree per 35 lineal feet (grouping of trees may be allowed). At least haft of
the trees shall be evergreen, and the evergreen trees shall be a minimum size of 24
inch box or larger.
54-2b 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.
Note: Bold italic text adopted with GPA/ZC P98-0490.
Exhibit 2
#P98-490 Mitigation Measures
Page 3
5.4-2c No storage of any kind shall be permitted outside the structures shown on the Site Plan.
5.4~2d All visible trash collection facilities and features throughout the project site shall be
designed to complement the project design.
5~4-2e Regular parking lot and sidewalk sweeping shall be made part of maintenance activities
on-site.
54-2f 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.
Liaht and Glare
5.4-3 The proposed project shall adhere to the following lighting standards requirements:
Parking lot light standards within 160 feet of the north property line shall not
exceed 20 feet in height.
Parking lot light standards within 295 feet of the centerline of Berkshire Road
shall not exceed 20 feet in height.
No parking lot lighting shall exceed 30 feet in height.
Final development plans for the project shall identify the height of parking lot light
standards.
Traffic and Circulation
Trip Generation and Distribution
5.5-1a Prior to the issuance of building permits, the project applicant shall comply with the
Metropolitan Bakersfield Transportation impact Fee Program. The project applicant
shall participate in the improvements required on a pro-rata fair-share basis as provided
in Table 5.5-3, Pro-Rata/Mitigation.
5.5-1b To accommodate years 1999 and 2020 plus project conditions, the following intersection
and roadway segment improvements are required. The post mitigation Level of Service
(LOS) are included in parenthesis after each required improvement.
Intersection Improvements
The following intersections require improvements due to the addition of project traffic:
Exhibit 2
#P98-490 Mitigation Measures
Page 4
1999 Plus Project (Opening Day) Conditions
Panama Lane and Stine Road: add eastbound left turn lane; (LOS B)
Panama Lane and Southbound SR-99 on/off-ramps: add southbound left turn
lane; (LOS B)
Panama Lane and Colony Street: add eastbound right turn lane and northbound
left turn lane; (LOS B)
Panama Lane and South "H" Street: add northbound left turn lane (LOS C); and
Project Entrance #2 and South "H" Street: provide two eastbound lanes (LOS B).
2020 Plus Project Conditions
Panama Lane and Northbound SR-99 on/off-ramps: add eastbound through lane
(LOS B);
Panama Lane and Southbound SR-99 on/off ramps: add southbound left lane
(LOS B);
Panama Lane and Colony Street: add eastbound right turn land, a single
eastbound right turn lane, westbound left turn lane, westbound through lane and
northbound left turn lane (LOS C). The developer shall be responsible for the
construction of an additional eastbound right turn lane after the project has
attained 75% occupancy, if the after build out traffic study as required by
Traffic Mitigation Condition #5.5-I c confirms that the volume splits for the
right turn lane are more than 70% of the total inbound project traffic, atld
the actual operational LOS are below levels acceptable to the City
Engineer."
Panama Lane and South "H" Street: add eastbound right turn lane, westbound
right turn lane, northbound left turn lane, northbound right turn lane, and
southbound right turn lane;
Berkshire Road and South "H"Street: eastbound through lane, eastbound left
turn lane, northbound; left turn lane, and southbound right turn lane also (LOS
C);
Taft Highway (SR-119) and South "H" Street: add northbound ieft turn lane,
southbound left turn lane, and southbound right turn lane (LOS C); and
Project Entrance #2 and South "H" Street: add two eastbound lanes (LOS B).
Roadway Segment Improvements
Following roadway segments require improvements due to the addition of project traffic:
lggg Plus Project (Opening Day) Conditions
Taft Highway (SR-119) (Southbound SR-99 ramps to South "H" Street): If the
after build out traffic study as required by Traffic Mitigation Condition
#5.5-1c confirms that the volumes and actual operational LOS are below
acceptable levels for this segment, then the developer shall be responsible
for widening this segment to four lanes after the project has attained 75%
occupancy. (Note: Bold italic text adopted with GPA/ZC P98.0490)
Exhibit 2
#P98-490 Mitigation Measures
Page 5
Colony Street (Panama Lane to Project): construct and/or stripe to four lanes
(LOS A);
Panama Lane (Northbound SR-99 on/off-ramps to Colony Street): add median
(LOS A);
Panama Lane (Colony Street to South "H" Street: add Median (LOS A);
Berkshire Road (Project Frontage): construct four lane undivided roadway (LOS
A); and
South "H" Street (Panama Lane to Berkshire Road): widen to four lanes along
project frontage (LOS A).
2020 Plus Project Conditions
Panama Lane (Northbound SR-99 on/off-ramps to Colony Street): widen to six
lanes (LOS A); and
South "H" Street (Berkshire Road to McKee Road): widen to four lanes (LOS A).
55-1c
Per the request of the Bakersfield Public Works Department, a post project completion
traffic study shall be completed by the project applicant in order to assess the adequacy
of required mitigation improvements.
Traffic data shall be collected within 12 to 15 months of opening. Within one month of
data collection, a traffic analysis shall be performed. Said analysis shall assess and
compare the original traffic study's projections and mitigation and make
recommendations and conclusions relative thereto. A bond, development agreement or
some form of financing shall be provided, prior to occupancy, to provide for the analysis
and any potential revision to the mitigation improvements.
Traffic Signal Warrant
55-2a To accommodate existing plus project (1999) traffic conditions, traffic signals are
projected to be warranted at the following intersections:
Project Entrance #2/South "H" Street (LOS B), and
Berkshire Road/South "H" Street (LOS B).
The applicant shall participate in the improvements required on a pro-rata fair-share
basis as provided in Table 5.5-3, Pro-Rata/Mitigation.
5.5-2b The traffic signals required as a result of the proposed project shall include an
interconnect of the signals to function in a coordinated system with existing and planned
signals.
Alternate Forms of Transit
5.5-4 Final Development Plans shall depict and the project applicant shall construct a bus
turnout on South "H" Street, between the two project entrances off of South "H" Street.
Exhibit 2
#P98-490 Mitigation Measures
Page 6
The bus turnout shall be designed and construct to support typical passenger amenities,
such as a bench and/or shelter. As an alternative, a bus turnout may be constructed
along the north side of Berkshire Road. Turnout design shall include pedestrian access
to shopping and employment facilities and must conform to A.D.A. Standards.
Cumulative Impacts
5.5-5 Refer to Mitigation Measure 5.5-1b.
Noise
Amphitheater Noise Impacts
5.6-4a
Operational hours for amplified sound at the amphitheater use shall be limited to
between the hours of 7:00 a.m. to 10:00 p.m. Adherence with this measure is subject to
periodic site inspections by the City of Bakersfield.
5.6-4b
The amphitheater speaker system shall be limited to an hourly L5o noise levels to 0.75
dBA at 100 feet from the speaker system. This modification would ensure that the City
daytime noise standard of L5o 55 dBA would not be exceeded at the future residences to
the south across Berkshire Road. The applicant shall demonstrate compliance with this
measure by providing the City with speaker system specifications which demonstrate the
required noise level limitation, prior to the first event held at the amphitheater. Continued
adherence with this measure is subject to periodic site inspections by City Staff and the
annual provision of speaker system inspection report prepared by the project applicant
demonstrating compliance to the City. If determined by the Planning Director to be
necessary, the developer shall be required to retain at the developer's expense, a
qualified noise consultant and prepare a noise study to determine compliance with this
mitigation.
Air Quality
Shod-Term Impacts
Fugitive Dust
5.7-1a The project shall comply with San Joaquin Valley Unified APCD Regulation VIII, Fugitive
Dust PM~o 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;
Exhibit 2
#P98-490 Mitigation Measures
Page 7
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.
Construction Equipment Exhaust
5.7-1b The following measures shall be implemented by the project contractor and applicant to
reduce construction equipment exhaust emissions, including NOx emissions:
properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions;
shut down equipment when not in use for extended periods of time to reduce
emission associated with idling engines; and
use electric equipment for construction whenever possible in lieu of fossil-fuel-fire
equipment.
Long-Term Impacts
Mobile Source Emissions
5.7-2a The project applicant shall incorporate the following in building plans.
bicycle racks shall be provided in the proposed commercial areas. Location and
number to be shown on Final Development Plans.
Exhibit 2
#P98-490 Mitigation Measures
Page 8
Energy Consumption Emissions
5.7-2b The proposed project shall comply with Title 24 of the California Code of Regulations
established by the Energy Commission regarding energy conservation standards. The
project applicant shall incorporate the following in building plans, subject to the review
and approval of the City:
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 low-sodium parking lot lights shall be used; and
install energy-efficient and automated air conditioners.
Cumulative Impacts
5.7-4
Cumulative development would create a significant and unavoidable air quality impact in
the region Mitigation measures beyond those contained in applicable plans and policies
would be implemented on a project-by-project basis.
Biological Resources
Grand Canal/Sump Collection Site
5.8-1a
Habitat Conservation fees for the project shall be calculated based on the fee in effect at
the time payable to the Planning Department prior to the issuance of an urban
development permit as defined in the Implementation/Management Agreement for the
Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the
applicant shall receive acknowledgment of compliance with the Metropolitan Bakersfield
Habitat Conservation Plan.
5.8-1b
The MBHCP requires certain take avoidance measures for the San Joaquin kit fox.
MBHCP guidelines regarding tracking and excavation shall be followed to prevent
entrapment of k~t fox in dens. Specific measures during the construction phase of the
project shall be implemented and include the following:
a preconstruction survey shall be conducted on the proposed 2.0-acre sump
collection site prior to site grading to search for native kit fox dens;
all pipes. culverts or similar structures with a diameter of four inches or greater
shall be kept capped to prevent entry of kit fox. If they are not capped or
otherwise covered, they shall be inspected daily prior to burial or closure to
ensure no kit foxes, or other protected species, become entrepped;
Exhibit 2
#P98-490 Mitigation Measures
Page 9
5.8-1c
5.8-1d
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.
Prior to grading plan approval for the 65.73-acre Grand Canal site, the project applicant
shall comply with the following Burrowing owl mitigation requirements:
if grading on the 65.73-acre Grand Canal site is proposed to occur during the
Burrowing owl nesting season (March 1 through August 15), a preconstruction
survey of the site for Burrowing owl nests shall be conducted by a qualified
biologist prior to grading activities in order to ensure no Burrowing owls have
moved into on-site squirrel burrows and to identify active nests in areas
potentially impacted by project implementation.
if construction is proposed to take place during the Burrowing owl nesting
season, no construction activity shall take place within 500 feet of an active nest
until the young have fledged (as determined by a qualified raptor biologist).
Trees containing nests that must be removed as a result of project
implementation shall be removed during the non-breeding season (August 16
through February).
If construction is initiated during the nesting season and active eggs or nests were
identified in the preconstruction survey, the applicant shall consult with the U.S. Fish and
Wildlife Service and California Department of Fish and Game to conduct ~ssuance of a
Migratory Bird Permit and burrow closure prior to the nesting season.
The presence of any previously unidentified protected species which are not addressed
in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act,
should be avoided and evaluated by a qualified biologist prior to construction. The Fish
& Wildlife Service (USFWS) and California Department of Fish & Game (CDFG) should
be notified of previously unreported protected species. Any unanticipated take of
protected wildlife shall be reported immediately to the CDFO and USFWS.
Exhibit 2
#P98-490 Mitigation Measures
Page 10
Cultural Resources
Impacts to On-Site Resources
5.9-1
If archeological or paleontological resources are discovered during excavation and
grading activities on-site, the contractor shall stop all work and the developer shall retain
a qualified archaeologist to evaluate the significance of the finding and appropriate
course of action. Salvage operation requirements in Appendix K of the California
Environmental Quality Act Guidelines shall be followed and the treatment of discovered
Native American remains shall comply with State codes and regulations of the Native
American Heritage Commission.
Public Services and Utilities
Police Services
5.10-1 Prior to Final Development Plan submittal, the applicant shall submit a Security Plan to
the Bakersfield Police Department for review and approval. The following measures
shall be incorporated into the Security Plan:
provision of on-site security guards;
security lighting at parking areas, loading areas, and walkways;
use of dead bolts, closed-circuit televisions, security lighting and alarms, and
other design features to increase on-site security;
elimination of dead spaces and areas of potential concealment; and
provision of visible addresses and access to emergency vehicles.
With Final Development Plan submittal, evidence of approval by the Police Department
shall be provided to the City Planning Depadment.
Fire Services
5.10-2a Fire apparatus access roads shall have an unobstructed width of not less than 20
feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.
5.10-2b
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be provided with a surface so as to provide
all-weather driving capabilities.
5.10-2c
Fire lanes shall be provided along the front of all shopping complexes and all other
buildings other than dwellings when any part of said complex or building is more than
150 feet from a public street.
Exhibit 2
#P98-490 Mitigation Measures
Page f I
5.10-2d
5.10-2e
5.10-2f
5.10-2g
5.10-2h
5.10-2i
Fire lanes shall be located as determined by the Chief, and shall not be less than 20
feet in width, with turning radiuses of not less than 25 feet in width, and have a clear
height of not less than 13 feet, 6 inches.
Fire hydrants shall be "Double Fours" (2, 4-inch outlets) and be placed
approximately 330 feet continuously around shopping center with structures no more
than 150 feet from a hydrant. Exact location to be shown on improvement plans as
approved by the Fire Department.
Standpipes may be required or used in lieu of fire hydrants within the canal access
area to be determined by the Fire Chief.
Fire flow requirements shall be 4,500 gallons per minute or as otherwise determined
by the Fire Chief.
All buildings shall be equipped with an automatic sprinkler system.
The Colony Street bridge over the Arvin-Edison Canal shall be in place and usable
before construction begins. A temporary access road (subject to City Standards and
approval) may be accepted along the south side of the canal and north of project to
South "H" Street in lieu of bridge completion.
Note: Bold italic rex1 adopted with GPA/ZC P98-0490
P:~490GC~P98-490-Exh2-MM wpd (September 21, 1998)
EXHIBIT "3"
GRAND CANAL GPA/ZC #P98-0490
SITE PLAN REVIEW I ORDINANCE REQUIREMENTS
(Includes changes approved with Final Development Plan 5/7/98 and GPA/AC P98-0490)
The Site Plan Review approval and compliance conditions are based on the plans you
submitted. Any errors or omissions on plans submitted could alter these conditions or void this
approval
"A" CONDITIONS - REQUIRING PLAN CORRECTIONS
These changes must be reflected on the plans required by the Building Department for
plan check. The Building Department will not begin plan check until all "A " conditions
and applicable mitigation measures shown in Exhibit "2" of this resolution are correctly
indicated on the plans submitted for plan check.
Designate a fire lane, as required in mitigation measures. Please indicate spacing
between signs that meet City standards. (Fire)
2. Indicate emergency access as required in mitigation measures. (Fire)
The applicant shall indicate on the site plan submitted for building permits, that the
proposed landscaped areas meet minimum City standards in accordance with Title
17.53.061 of the Municipal Code and as required in mitigation measures. A landscape
plan including specifications for irrigation shall also be submitted to the Planning
Depadment for approval before the Building Department will begin plan check. (Planning)
Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal
Code and as required in mitigation measures. (The more restrictive requirements shall
apply.) Lights shall be designed, arranged, and shielded to reflect away from adjacent
residential properties and streets with illumination evenly distributed across the parking
area. All light fixtures shall be located above grade at heights stated in the mitigation
measure. Lighting direction and light fixtures shall be shown on the final site plan.
(Planning)
Indicate on the final plan a minimum of fifteen 8'x 10' refuse bin locations pursuant to
City Standard S-43. (Sanitation)
6. Indicate on the final plan 7 compactor roll-off bin locations. (Sanitation)
"B" CONDITIONS - REQUIRING COMPLETION PRIOR TO BUILDING PLAN CHECK
These conditions must be satisfied before the Building Department will begin checking plans
submitted for plan check.
In order to provide adequate fire protection during construction, the applicant shall install
a minimum of 32 fire hydrants as shown by staff on the returned site plan or provide
alternative fire suppression as approved by the Fire Department prior to final site plan
approval. The applicant is required to purchase all fire hydrants from the Fire Dept.
(Fire)
P98-O490SPRconex3.wpd
October 19. 1998
Exhibit 3
P98-0490 Site Plan Review Conditions
Page 2
The Sanitation Division shall be contacted to determine alternatives to allow the safe
collection of refuse and/or recyclables and to establish type and level of refuse service.
(Solid Waste)
Before occupancy of the building or site is allowed, 20, 3 cubic yard front loading type
refuse bins shall be constructed or installed on site according to the adopted city
standards (Detail #S-43) (Solid Waste)
"C" CONDITIONS - ADVISORY CONDITIONS
These are informational notes that might be helpful to you and concern matters that can be
addressed after building plan check approval. The time requirements are stipulated in the
condition.
1.
The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue,
Suite 300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1)
set of building plans showing the required plan corrections to Fire Safety Control (Fire
Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire)
All streets and access roads to and around any building under construction must be at
least 20 feet of unobstructed width and graded to prevent ponding at all times.
Barricades must be placed where ditches and barriers exist in roadways. Emergency
vehicle access must be reliable at all times. (Fire)
Based upon available information, the fire flow requirement may be 4500 gallons per
minute. All persons required to furnish fire hydrants are hereby required to purchase
the required fire hydrants from the City of Bakersfield. (Fire)
The applicant shall post the designated fire lane as required by the City pdor to
occupancy of any portion of any building. (Fire)
The applicant shall provide the Fire Department with one set of approved water plans
prior to the issuance of any building permit. (Fire)
Areas adjacent to all Fire Department connections shall be identified by yellow stripes
pursuant to Bakersfield Municipal Code Section 15.64.140(d). (Fire)
This review does not include approval of any signs for the project. A separate permit is
required for all new signs, including construction signs, from the Building Department.
(Building)
Indicate on the final plan compliance with all handicap requirements pursuant to State
Building Code. (Building)
A final soils report shall be submitted to the Building Department prior to issuance of
any building permits. (Building)
P98-O490SPRconex3 wpd
October 19, 1998
Exhibit 3
P98-0490 Site Plan Review Conditions
Page 3
10.
11.
12.
13.
14.
15.
16.
17.
18.
School District fees will be assessed at the time of issuance of a building permit.
(Building)
The applicant shall obtain necessary approvals from the Kern County Environmental
Health Services Department located at 2700 "M" Street for any public pool or related
facilities prior to issuance of a building permit. Handicapped access to any public pool
and related facilities shall conform to the State Building Code. (Building)
The applicant shall obtain necessary approvals from the Kern County Environmental
Health Services Department located at 2700 "M" Street for any food handling facility,
(such as a market or a restaurant) prior to issuance of a building permit. (Building)
The minimum number of parking required for this project is 3,549 parking spaces.
Notes: Parking computed per Parking Ordinance as follows:
(Planning)
Shopping Center:
Theater:
35,000 sq. ft. (1 space/200 sq, ft.) = 175 Spaces
444,960 sq. ft. (1 space/250 sq, ft.) 1,780 Spaces
4,400 seats ~1 space14 seats) = 1,100 Spaces
Minimum Total per Ordinance = 3,055 Spaces
An address will be assigned is for the entire site at the time of final development plan
submittal. If you desire individual pad and lease space addresses, submit two copies of
the plot plan (8-%" x 14" max.) designating all possible lease areas to this department.
(Planning)
Approved landscaping shall be installed pdor to final building inspection or occupancy of
any building. (See attached) Landscape inspections are on Fridays. Call the Planning
Department at 326-3733 prior to the Friday you wish your inspection. (Planning)
NOTICE - Habitat conservation fees for this project will be calculated based on the fee in
effect at the time (currently $1,240 per gross acre) payable to the Planning Department
prior to issuance of an urban development permit (includes grading plan approvals) as
defined in the Implementation/Management Agreement (Section 2.21) for the
Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, the
applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4).
(Planning)
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32. (Solid Waste)
Facilities required to provide grease containment shall provide a storage location
separate from refuse or recycling bin locations pursuant to City Standard S-43. (Solid
Waste)
Note: Bold italic text adopted with GPA/ZC P98-0490
P98-O490SPRconex3. wpd
October 19, 1998
Exhibit 3
P98-0490 Site Plan Review Conditions
Page 4
19.
20.
21.
22.
23.
24.
25.
26.
27.
Facilities requiring infectious or medical waste services shall obtain approval for
separate infectious or medical waste storage areas from the Kern County Environmental
Health Services Department, in no instances shall the refuse or recycling bin area be
considered for infectious waste containment purposes. (Solid Waste)
Facilities generating 12 cubic yards of refuse or more on a daily basis shall be required
to use roll-off type compactor. (Solid Waste)
The applicant shall obtain all necessary approvals from the Fire Department for fuel
tanks or related facilities before they are installed on the site. (Fire)"
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division of the Fire Department may require a hazardous material management
plan before you can begin operations. Please contact them at 805/326-3979 for further
information. (Fire)
The applicant must request an inspection of any underground sprinkler feeds at least 24
hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue,
Suite 300, Bakersfield, CA; Ph. 805/326-3951) must complete all on-site inspections of
fire sprinkler systems and fire alarm systems before any building is occupied. (Fire)
If you treat hazardous waste on the site, the Environmental Services Division of the Fire
Department may require a hazardous waste "Tiered" permit before you can begin
operations. Please contact them at 805/326-3979 for further information (Fire)
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division of the Fire
Department is required to install and operate these tanks. The Environmental Services
Division may also require a Spill Prevention Control and Countermeasure Plan before
you can begin operations. Please contact them at 805/326-3979 for further information.
(Fire)
Developer shall provide landscaping adjacent to structures consistent with the original
PCD preliminary development plan in areas depicted in yellow on Exhibit "A" (Landscape
Plan) dated 3/11/98 on file with the Planning Director. (Planning)
The architectural treatment of the project shall be continued on the west side of
Buildings A and B. (Planning)
P98-O490SPRconex3 wpd
October 19, 1998
Exhibit 3
P98-0490 Site Plan Review Conditions
Page 5
The following are ordinances and policies that apply to the project. They may not reflect all of
the ordinances and policies that your project is subject to but these are provided for your
information. You are responsible for complying with all applicable ordinances and polices.
,At or prior to the time a buyer enters into a contract for the sale, tease with option to
pumhase, or ground lease of this property, the seller shall deliver to the buyer or lessor a
completed Local Addendum Transfer Statement in compliance with 13.08,060.
Pdor to recordation of a subdivision map or issuance of a building permit, all
improvement plans, including plans for signing/striping/marking, required walls,
landscaping, and irrigation, shall be reviewed and approved by the City Engineer.
i. Wall plans shall be an independent set of plans.
ii. The subdivider shall ensure that each cable TV company provides notice
to the City Engineer of its intention to occupy the utility trench. (15.32.070A.)
Upon issuance of a building permit, fees (all based upon the charges or rates in effect at
the time of issuance of the building permit) shall be paid to the City for the following:
a. sewer connection fee. (3.70, Executive Order 94-03)
b. regional traffic impact fee; {15.84)
local traffic impact fees.
Traffic impact fees shall be as determined by the applicant through review and approval
of the traffic study submitted in relation to the EIR, subject to approval of the City
Engineer.
The Subdivider is required to install 9,500 and 5,800 lumen high pressure sodium vapor
street lights to be located within or adjacent to the subdivision. (16,32.060 El.9)
Street light installation shall be foundation mounted steel poles with 28' mounting
height and 6' mast arms and shall include but not necessarily be limited to furnishing and
installing all street light poles, conduits, wires, luminaires, and splice boxes. {Standard
S-31 and SDM 3.2.11.1a) Numbers and locations of required lights will be determined
after any required design revisions have been made to the tentative map.
To avoid possible conflicts at the installation stage, the subdivider shall consult
with the utility companies to ensure there is sufficient clearance between the street light
foundations and all utility lines, whether underground or overhead. (Policy)
If electrical service points for street lights aren't available to be shown on street
improvement plans, then they shall be shown on utility composite plans to be filed with
the City Engineer prior to acceptance of improvements. (SDM 3.2.11.5)
The subdivider shall ensure the utility understands conduit for street light
electrical services shall be kept within the street rights-of-way, unless prior approval is
obtained from the City Engineer. (Policy)
P98-O4 90SPRconex 3. wpd
October 19. 1998
EXHIBIT "4"
GRAND CANAL GPA/ZC P98-0490
MITIGATION MONITORING PROGRAM
The Negative Declaration for the General Plan Amendment and concurrent Zone Change File #
P98-0490 incorporated mitigation measures listed in the Grand Canal Project EIR. Section 2.0
of the Grand Canal Project EIR identifies the mitigation measures that will be implemented to
reduce the impacts associated with the Grand Canal. P98-0490 proposes "project
amendments" related to Traffic Mitigation Condition #5.5-1b, and Aesthetic Mitigation Condition
#5.4-2a, which would result in satisfactory levels of service.
The California Environment Quality Act (CEQA) was amended in 1989 to add Section 21081.6,
which requires a public agency to adopt a monitoring and reporting program for assessing and
ensuring compliance with any required mitigation measures applied to proposed development.
As stated in Section 21081.6 of the Public Resources Code,
·.. the public agency shall adopt a reporting or monitoring program for the
changes to the project which it has adopted, or made a condition of project
approval, in order to mitigate or avoid significant effects on the environment."
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs
and indicates that specific reporting and/or monitoring requirements, to be enforced during
project implementation, shall be defined prior to final certification of the EIR.
The mitigation monitoring table below lists those mitigation measures that may be included as
conditions of approval for the project. These measures correspond to those outlined in Section
2.0 and discussed in Section 5.0. To ensure that the mitigation measures are properly
implemented, a monitoring program has been devised which identifies the timing and
responsibility for monitoring each measure. The developer will have the responsibility for
implementing the measures, and the various City of Bakersfield departments will have the
primary responsibility for monitoring and reporting the implementation of the mitigation
measures.
EXHIBIT 4
PAGE 2
GRAND CANAL PROJECT (GPA\ZC P98-0490)
MITIGATION MONITORING PROGRAM
Verification of Compliance
Mitigation [
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
DURING FINAL GRADING AND EXCAVATION:
5.3-4b All areas with bare soil exposed as a result Approved by:
of grading activities shall be landscaped at the
earliest thne possible or stabilized by watering when
winds exceed 25 miles per hour h~ order to reduce on
the potential udlalation of spores causing Valley
Fever.
5.9-1 If archeological or paleontological resources Approved by:
are discovered during excavation and grading
activities on-site, the contractor shall stop all work
and the deveh)per shall retah~ a qualified o~
archaeologist to evaluate the significance of the
finding and appropriate course of action. Salvage
operation requirements [n Appendix K of the
California Enviro~maental Quality Act Guidelines
shall be followed and tl~e treatment of discovered
Native American remains shall comply with State
EXHIBIT 4
PAGE 3
Measure
Planning
DURING PLAN CHECK:
Verification of Compliance
Engineering
Traffic Engineering
I Buildlng and Safety I Fire Department I Golden Empire
Sanitation Division Police Department Transit
5.3-1 Prior to grading plan approvah the project Approved by:
applicant shall peffom~ soil tests to determine
concentrations of pesticide and fungicide residues
wtfich may be present wiflm~ the project site. Should on
contaminant levels be itl excess of acceptable
Federal, Skate and/or County levels, the project
applicant shall identii~ and implement remedial
action, subject to approval by the City of Bakersfield
and responsible regulatory agencies to reduce
contaminants to acceptable levels
5.4-1 Construction equipment staging areas shall be Approved by:
located away from existing residential uses alld
appropriate screening (Lc, kampt~rary fencing with
opaque materialh used to buffer views of on
constracfion equipment and material, when feasible.
Staging locations shall be indicated on project Final
Development Pimps and Grading Plans and subject to
review and approval of the City. Compliance with
this tneasure is subject to periodic field inspections
by City staff.
EXHIBIT 4
PAGE 4
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.4-2a The pr~iect Final Development Plan and Approved by:
Landscape Plan shall include the following:
· a mulimum six foot high masonry wall along on
the edge of the parkh~g lot on the site's northern
boundary; and adjacent said wall, alternate
placating of 24 inch box and 15 gallon size trees
spaced 15 feet apart (landscaph~g ahmg the
m~nhenl holllldary alld lnaSOllry wall shall be
thstalled prior to issuance of occupancy permits
for the prilject); and
A minimum eight foot wide landscape area and
a three foot high decorative (textured) wall
with block cap (not mortar) shall be
constructed along the southern boundary of
the project site (north side of Berkshire Road).
The t~r~ttm 8 foot wide landscape area shall
be provided along the entire Berla'hire Road
frontage. A minimum three foot wide
landscape area shall be installed on the
parking lot side of the wall. Trees along
Berkshire Road shall be provided at the
minitnam rate of I tree per 35 lineal feet
(gronping of trees may be allowed). Al least
half of the trees shall be evergreen, and the
evergreen trees shall be a minhnum size of 24
inch box ~r larger. (P98-0490) [ I [ ]
EXHIBIT 4
PAGE 5
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.4-2b All mechanical and electrical equipment (to Approved by:
be installed m~ tile stnmture or on the grmmd) shall
be adequatei~ qcreened fromm public ~iew The
screeohlg shall be considered as all element of the on
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 screenh~g
material. The method of screening shall be reviewed
and approved by tile Cit).
5.4-2c No storage of any kind shall be permitted Approved by:
outside the structures showtl on the Site Plan.
on
5.4-2d All visible trash collection facilities and Approved by:
features fllroughout the prqiect site shall he designed
to complement the project design.
5.4-2e Regular parking lot and sidewalk sweeping Approved by:
shall be made part of maintenance activities on site. __ .............
5.4-2f Si~ plans shall b~ desigued hy tile applicant Approved by:
and reviewed by the City with special attention given
to light and glare impacts on sensitive uses adjacent
to the site. on
EXHIBIT 4
PAGE 6
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.4-3 The proposed project shall ack, ere to the Approved by:
followh~g lighting standards requirements:
· Parlo~g lot hght stmldard.s within 160 feet of the on
north property lh~e shall not exceed 20 feet itl
height.
Parking lot ligi~t 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
Fhml development plans h)r the project shall
identil~ the height of parking lot light standards
5.5-1b To accommodata years 1999 and 2020 plus Approved by:
project conditions, the foliowmg intersectinn and
roadway segment improvements are required. The
post mitigation Level of Service (LOS) are included on
in parenthesis after each required ilnprovement.
It should be noted that a project to widen tile Panama
Lane grade separation over SR-99 and provide
signalization of fl~e off ramps is currently under
construction (November, 1997).
EXHIBIT 4
PAGE 7
MRigation
Measure
Intersection Improvements
The tollowing intersections reqmre nnprovements
due to the add/tion of project traffic:
1999 Plus Prtdect (Openhl g Da)') Conditions
· Panmna Lane and Stine Road: add eastbound
left mm lane (LOS B):
· Panama Lane and Southbound SR-99 on/off-
rmnps: add southbound left mm lane (LOS B):
Pmmma Lmm mid Colony Street: add eastbound
right mm lane and northbound left mm lane
(LOS B);
Panama Lane and South "H" Street: add
northbound left mm lane (LOS C); and
· Project Entrance #2 and South ~H" Street:
provide two eastbound lanes (LOS B).
2020 Plu.~ Prq/ect C~mditions
Panalna Lane and Northbound SR-99 on/off-
ramps: a&l eastbound through lane (LOS B);
Panama Lane and Southbound SR 99 on/off
rmnps: add soutbbound left lane (LOS B);
Verification of Compliance
Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
Approved by:
Approved by:
on
EXHIBIT 4
GPA/ZC P98-0490
PAGE 8
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
panama Lane and Colony Street: add eastbound Approved by:
tlu-ough lane. single eastbound right mm lane.
westbound left turn lane. westbound through
lane and northbound left mm lane (LOS C); on
The developer shall be responsible for the
construction of an additional eastbound right
tarn lane after the project has attained 75%
occupancy, if the after build out traffic study
as required by Traffic Mitigation Condition
#5.5-1-c confirms that the volume splits for the
right tarn lane are more than 70% of the total
inbound project traffic, and the actual
operational 10S are below levels acceptable to
the City Engineer. (P98-0490)
Panama Lane and South "H" Street: add
eastbound right mm lane, westbound right turn
lane, northbound left mm lane, northbound
right W,rn lane, and southbound right turn lane;
Berkshire Road and South "H"Street:
eastbom~d through lane. eastbotmd left mm
lane. northbound; left mm lane, and
southbound fight mm lane also (LOS C):
Taft Highway (SRql9) and South "H" Street:
add northbound left mm lm~e. southbound left
turn lane, and southbound fight mm lane (LOS
C); and
Project Entrance #2 and South "H~ Street: add
two eastbound lanes (LOS B).
Roadway Segment Improvements
The following roadway segments require
improvements due to the addition of project traffic:
EXHIBIT 4
GPA/ZC P98-0490
PAGE 9
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
1999 Plus Project (Opening Day) Conditions Approved by:
Taft Highway (SR-119) (Southbound SR99
ramps to South "H" Street): If the after build on
out traffic study as required by Traffic
Mitigation Condition #5.5-1c confirms that the
volames and actual operational LOS are below
acceptable levels' for this segment, then the
developer shall be responsible for widening
this segment to four lanes after the project has
attained 75% occupancy. (P98-0490)
Colony Street (Panama Lane to Project)
construct and or/stripe m four lanes (LOS A):
Panama Lane (Northbound SR 99 ramps to
South :H" Street): add median (LOS A);
Panama Lane (Colony Street to south "H"
Street):
add median (LOS A);
· Berkshire Road (Project Frontage): construct
four lane undivided roadway (LOS A);
South "H" Street )Panama Lane to Berkshire
Road): widen to four lanes along project
frontage (LOS A).
2020 Plus Project Conditions
Panama Lane (Northbound SR99 on/off ramps
to Colony Street): widen to six lanes (LOS A);
and
· South "H" Street (Berkshire Road to McKee
Road): widen m four lanes (LOS A).
EXHIBIT 4
PAGE 10
Verification of Cnmpliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.5-4 Final Development Plans shall depict and the Approved by: Approved by:
project applicant shall constract a bus turnout on
Soul]l 'rH" Street. between the two project entrances
off of South "H" Street. The bus turnout shall be ~m on
designed and construct to support typical passenger
amenities, such as a bench and/or shelter. As an
alternative, a bus turnout may be constructed along
the north side of Berkshire Road Turnout design
shall include pedestrian access to shopph~g and
employment facilities and must conform to A.D.A
Standards
5.7-2a The project applicant shall incorporate the Approved by:
following iu building plans
bicycle racks shall be provided in the proposed on
commercial areas Location and number shall
be shown on Final Development Plans.
5.7-2b The prolx~sed project shall coxnply with Title Approved by:
24 of the California Code of Regulations established
by the Energy Commission regarding energy
conservation standards. The project applicant shall ~ on
incorporate the following h~ building plans, subject
to the review and approval of the City:
solar or Iow NOx emission water heaters shall
be used;
eentra! water heath~g systems shall be used:
double-paued glass shall be used in all exterior
wh~dows;
energy~fficient Iow soff~un parkLng lot lights
shall be used; and
· ti~stall energy-efficient and automated air
conditioners.
EXHIBIT 4
PAGE 11
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.8-1c Prior to grading plan approval for the 65 73 Approved by:
acre Grand Canal site. the project applicant shall
EXHIBIT 4
PAGE 12
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.10-1 Prinr to Final Development Plan submittal. Approved by:
the applicant shall submit a Security Plan to the
Bakersfield Police Deparnnent h~r reviev, and
approvah The following measures shall be on
incorporated into the Security Plan:
provisinn of on-site security guards:
· security lighting at parking areas, loading areas,
and walkways;
· use of dead bolts, closed4:ireuit televisions,
security lighting and alarms, and other design
features to increase on site security;
eiiminatinn of dead spaces and areas of
potential conceahnent; and
provision ot visible addresses and access Io
emergency vehicles.
With Final Development Plan submittal, evidence of
approval by the Pohce Department shall be provided
to the City Plamfing Departtnent.
5.10-2a Fire apparatus access roads shall I~ave au Approved by:
unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13
feet 6 inches, on
5.10-2b Fire apparatus access roads shall be Approved by:
designed and maintained to support the imposed
loackq of fire apparatus and shall be provided with a
surface so as to provide all weather d~ving ~n
capabilities.
5.10-2c Fire lanes shall be provided along the front Approved by:
of all shopping complexes and all other buildings
other than dwellings when any part of said complex
or buildh~g is ~nore than 150 feet from a public on
street.
EXHIBIT 4
PAGE 13
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.10.2d Fire Im~es shall be located as determined by Approved by:
the Chief, m~d shall not be less than 20 feet in width,
w~th mrmng radiuses t)f ilot less than 25 feet m
width, and have a clear height of not less than 13 on
feet, 6 inches
5.10.2e Fire hydrants shall be "Double Fours" (2.4 Approved by:
inch outlets) and be placed approximately 330 feet
coufinuou~ly around shopping center with structures
no more than 150 feet from a hydrant. Exact location on
to be shown on improvement plans as approved by
the Fire Depamnent.
5.10.2f Stm~dpipes may be required or used in lieu Approved by:
of fire hydrants within tile canal access area to he
determined by the Fire Chief
5.10-21!I Fire flow requirements shall be 4.500 Approvedby:
gallons per ~rfinute or as otherwise determined by the
Fire Chief
5.3-3a Prior to Final Devehipment Plan submittal, Approved by:
the applicant shall coordinate with the Kern
Mosquito Vector Control District to determine
applicable methods to combat the mosquito, on
including but not limited to, stocking the canal with
Mosquitofish (Gambusia affin,~) to control mosquito ~
larvae. With Final Development Plan submittal, the
project applicant shall submit written documeutation
from the District confirming coordination and
include a monitoring plan, if applicable, to the City.
EXHIBIT 4
PAGE 14
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.3-3b With Final Development Plan submittal, the Approved by:
applicant shall submit to the City of Bakersfield for
review anct approval a Canal Maintenance Program
which shall, at a minimum, outline tasks on
{methods),responsible parties, maintenance and a
monitoring schedule addressing the following:
· prevention of stagnation;
circulation of water;
· mosquito abatement:
maintaining and testing water quality; and
· debris control/removal
5.3-5b With Final Development Plan submittal, the Approved by:
applicant shall submit canal designs illustrating
perimeter barriers along the canal. The type of
material for fencing/gates and the height are subject on
to review and approval by the City of Bakersfield
Builclh~g Department.
PRIOR TO ISSUANCE OF BUILDING PERMITS
5.5-1a Prior to fl~e issuance of building permits, the Approved by:
project applicant shall comply with the Metropolitan
Bakersfield Trm~spormfion Impact Fee Program, The
project applicant shall participate in the on
improvements required on a pro rata fair-share basis
as provided in Table 5.5 3, Pro-Rata/Mitigation.
5.5-2a To accommtxlate existing plus project (1999) Approved by:
traffic conditions, traffic sitmals are projected to be
warranted at the following intersections:
on
· Project Entrance #2/South "H" Street (LOS B).
and
Berkshire Road/South "H" Street (LOS B).
EXHIBIT 4
PAGE 15
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
The applicant shall participate in tim improvements
required on a pr{) rata fair share basis as provided ill
Table 5 3 3, Pr(~ Rata/Miti~artrm
5.5-2b The traffic signals required as a result of the Approved by:
proposed project shall include an hutercmmect of the
signals to ftmction h~ a coordinated system with
existing and planned signals on
PRIOR TO CONSTRUCTION:
Approved by:
5.7-1a The project shall comply with San Joaquin
Valley Unified APCD R%mlation VIII, Fugitive Dust
PM}0 Prohibitions. To ensure compliance, the
following lneasure shall he implemented:
cover all access roads and parking areas with
asphalt~oncrete paving;
on
EXHIBIT 4
PAGE 16
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
asphali~oncrete paving shall co~nply with San
Joaqukn Valley Unified AFCD Rule 4641 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 gradhxg activities durkng periods of high
win&s (greater thm~ 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.
5.8-1a Habitat Conservation t~es fur the project Approvedby:
shall be calculated based on the t~e in effect at the
thne payable to the Plamfing Department prior to the
issuance of an urban development petunit as defined
in the hnplementath)n/Management Agreement fur
the Metropolitan Bakersfield Habitat Conservation
Plan. Upon payment of fees, the applicant shall
receive acknowledgment of compliance widi '~'^~"~ I I
Mem)v)lltmi Bakersfield Habitat Conservation Plan.
I
I
EXHIBIT 4
PAGE 17
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.8-1b The MBHCP requires certain take avoidance Approved by:
measures for the San Joaquin kit fox MBHCP
guidelines regarding tracking and excax ation shall be
followed to prevent entrapment of kit fox in dens. on
Specific measures during the construction phase of
the project shall be iinplementad and include the
following:
· a preconstmction survey shall be conducted on
the proi'~sed 2.0 acre sump collection site prior
to site grading to search for native kit fox dens;
ali pipes, culverts or shnilar structores with a
dimneter 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
exrsure no kit foxes, or other protected species,
become entrapped;
· all pipes, culverts or similar structures with a
diameter of four inches or greater shall be kept
capped to prevent entry of kit fox. If they are
not capped or otherwise covered, they shall be
~nspected daily prior to burial or closure to
e~mure no kit foxes, or other protected species,
become entrapped;
EXHIBIT 4
PAGE 18
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
excavations shall either be constructed with
escape ramps or be covered to prevent
entrapment, or the site(s) cmlld be protected
during construction, such as with a wildlife
exclusion fence, which would eliminate the
possibility of ranging animals from bekng
harmed durh~g construction; and
all t~od~ garbage, and plastic shall be disposed
of in closed contah~ers and regularly removed
from the site to mthimize attracting ranging kit
fox or other anhnals.
With the exception of Burrowh~g owls (see fl)llowing
~nitigafion measure), impacts to special-status species
on the prctject site are covered m~der 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
spemes and all other potentially occurring special
status species.
5.8-1d The presence of any previously mfidentified Approved by:
protected species which are not addressed th the
MBHCP. h~cluding those protected under the
Federal Migratory Bird Treaty Act, should be on
avoided and evaluated by a q,~oa!ified biologist prior ~ ~
to construction. The Fish & Wildlife Service
(USFWS) and Califonfia Depar~nent 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.
EXHIBIT 4
PAGE 19
Mitigation
Measure
DURING CONSTRUCTION:
Planning I
Verification of Compliance
Engineering
Traffic Engineering
I
Building and Safety Fire DepartmentI
Sanitation Division Police Department
I
5.7-1a l'he project shall comply with San Joaqum
Valley Unified APCD Regulation VIIL Fugitive Dust
PM~0 Prohibitions. 1o ensure compliance, the
tbllowing measure shall be hnplemented:
cover all access roads and parking areas with
asphaltq:oncrete paving;
asphalt-concrete paving shall comply with San
Joaquin Valley Unified APCD Rule 4641 and
restrict the use of cutback, slow~ure
emulsified asphalt paving materials;
use water sprays or chemical suppressants on
all tmpaved areas to control fi~gitive emissions;
enclose, cover or water all stockpiled soils to
reduce fugitive dust emissions;
cease gradhlg 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 th~ construction
site:
all haul trucks should be covered when
transporting loads of soik and
wash off construction and haul trucks to
minimize the removal of mud and dirt from the
project sites.
Approved by
on
POST CONSTRUCTION:
5.5-1e Per the request of the Bakersfield Public
Works Department, a post project completion traffic
study shall be completed by the project applicant hi
order to assess the adequacy of required mitigation
improvements.
Approved by:
on
Golden Empire
TransR
EXHIBIT 4
PAGE 20
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department Golden Empirc
Planning Traffic Engineering Sanitation Division Police Department Transit
Traffic data shall be collected within 12 to 15 lnonths
of the opening of tile Center. Within olle month of
data collectton, a traffic analysis shall be performed.
Said analysis shall assess and compare the original
traffic study's projections and mitigatim~ and make
recoimnendations and conclusions relative thereto, A
bond. development agreement or some form of
financing shall be provided, prior to occupancy, to
provide for the analysis and any potenfia] revision to
the mitigation improvements.
5.6-4a Operational hours for amplified sound at the Approved by:
amphitheater use shall be limited to between the
hours of 7:00 a.m. to 10:00 p.m, Adherence with
this meamre is subject to periodic site inspections by ~m
the City of Bakersfield.
5.6-4b The amphitheater speaker system shall be Approved by:
limited to an hourly L50 noise Levels to 0.75 dBA at
100 feet from the speaker system. This modification
would ensure that the City daytime noise standard of on
Ls0 55 dBA would not be exceeded at the future
residences to the soutl~ across Berkshire Road. The
applicant shall damonstrate compiiance with this
measure by providh~g the City with speaker system
specifications which demonstrate the required noise
level limitation, prior ~ the first event held at the
amphitheater. Conthlued adherence with this ~
measure is subject to periodic site inspections by
City Staff and the am~ual provision of speaker system
inspection report prepared by the project applicant
demonstrating compliance to the City. If determined
by the Plamfing Director to be necessary, the
developer shall be required to retain at the
developer's expet~se, a qualified noise consultant and
prepare a noise study to determine coinpliance with
this imtigation.
EXHIBIT 4
PAGE 21
Verification of Compliance
Mitigation ]
Measure Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
5.3-5a Prior to issuance {~1 Certificates {If Appro'~edby:
Occupancy, the applicant shall post sigmas prohibith~g
swunmh~g and wading m the canal. The number,
location and content of said signs are subject to oo
review and approval by the City of Bakersfield
Buildh~g Deparn~aent.
5.10-2g All buildings shall be equipped with an Approved by:
automatic sprinkler system
EXHIBIT 5
GRAND CANAL
ZONE CHANGE P98-0490
#.1
HO~KING
EXHIBIT "6"_ _
?
EXHIBIT "7"
PCD TO PCD
ZONING MAP 123-25
LEGEND
EXHIBIT "8"
LEGAL DESCRIPTION
The GrandCanal
From PCD to PCD
A~LL 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
I~ECORDS OF KERN COUNTY; THENCE N. 12°05 t 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
CURUE CONCAVE TO THE NORTH, HAVING A RADIUS OF
555.00 FEET; THENCE
2) EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 22"09'25" 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 22=09'25" 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.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
)
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 23~ day of November ,1998 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 3876 . passed by the
Bakersfield City Council at a meeting held on the 18th day of November 1998 , and
entitled:
AN ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD
MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE
ZONING OF 64 ACRES GENERALLY LOCATED BETWEEN HIGHWAY 99,
THE ARVIN-EDISON CANAL, SOUTH "H" STREET AND BERKSHIRE
ROAD FROM A PCD (PLANNED COMMERCIAL DEVELOPMENT) TO A
REVISED PCD (PLANNED COMMERCIAL DEVELOPMENT) FOR THE
GRAND CANAL SHOPPING CENTER (P98-0490).
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUTY City Clerk
S:\DOCU MENT1AOPOSTING
November 23, 1998