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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