HomeMy WebLinkAboutRES NO 150-98RESOLUTION NO.1 5 0 ' 9 8
A RESOLUTION MAKING FINDINGS, ADOPTING PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
RELATED TO THE GRAND CANAL SHOPPING CENTER
(LAND USE ELEMENT AMENDMENT P98-0490).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, September 14, 1998 and THURSDAY, September 17, 1998, on a proposed
amendment to the Land Use Element of the General Plan, notice of the time and place of
hearing having been given at least twenty-one (21) calendar days before said hearing by
publication in the Bakersfield Califomian, a local newspaper of general circulation; and
WHEREAS, the project site is generally located between Highway 99, the Arvin-
Edison Canal, South "H" Street and Berkshire Road, as shown on attached Exhibit "5;" and
WHEREAS, such proposed amendment to the Land Use Element of Metropolitan
Bakersfield 2010 General Plan is as follows:
Segment P98-0490:
A request by Martin-Mcintosh 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 as follows:
Use Bulldine 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;
and
WHEREAS, there is a concurrent zone change for this project; and
WHEREAS, for the above-described amendment, an Initial Study was
conducted, and it was determined that the proposed project would not have a significant effect
on the environment, and a Negative Declaration was prepared and advertised; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfieid's CEQA Implementation
Procedures have been duly followed by city staff and the Planning Commission; 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, attached Exhibit "4" contains the Mitigation Monitoring Program for
the implementing the adopted mitigation measures, in accordance with Public Resources Code
Section 21081.6; 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, by Resolution No. 105-98 on September 17, 1998, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
conditions listed in Exhibit "1 ," mitigation measures listed in Exhibit "2," and Site Plan Review
Conditions listed in Exhibit "3," and this Council has fully considered the findings made by the
Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, NOVEMBER 4, 1998, on the above described proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place
of the hearing having been given at least ten (10) calendar days before the hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. 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 sevedty 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. 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.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings, incorporated herein, are true and correct.
2. The Negative Declaration is hereby approved and adopted.
3. The report of the Planning Commission, including maps and all reports
and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the
City Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts the proposed amendment
to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting
changes as shown on the site plan map marked Exhibit "6", attached hereto and incorporated
as though fully set forth, for property generally located between Highway 99, the Arvin-Edison
Canal, South "H" Street and Berkshire Road, subject to conditions of approval shown on Exhibit
"1 ," mitigation measures in Exhibit "2," and Site Plan Review Conditions in Exhibit "3."
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. That General Plan Amendment P98-0490, approved herein, be combined
with other approved amendments described in separate resolutions, to form a single Land Use
Element Amendment.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 0 4 ~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMO3~F, I~,C',,',;L~G", SULLIVAN, SALVAGGIO
COUNCI LM E M BER ,~/o{ ~5
COUNCILMEMBER ~.,.S
COUNCILMEMBER
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakersfield
APPROVED NOV 0 4 1998
BOB
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
JE:pjt
October 19, 199~
0490\rgpa-cc
4
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 conditions1 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 Engineer'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 Engineer's approval of improvement plans, provide additional
dedication for right turn deceleration lanes on South H Street.
Prior to the City Engineer'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 Engineer'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
w,dth, 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, Verification of the mailing will
be provided to the City Engineer, and if no response is received from GET by the City
w~thin 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.
P98-O490-CON-EX1 wpd
November 8, 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.)
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 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 issuance 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
private 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
drainage 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
P9~-O490-CON-EX1. wpd
November 8, 1998
17.
18.
Exhibit l
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-EX1. wpd
November 6, ~998
23.
25.
26.
Exhibit I
P99-0490 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 Buftding A to the south end
of Buftding B to provide visual buffer. In addition, aft sides of Buildings A and B
shaft incorporate the same architectural design and components as the rest of the
center. (Planning; P98-0490)
The maximum building height for Building BB (Theater) 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 aftowed 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-E~l. wpd
November 6, 1998
EXHIBIT "2"
GRAND CANAL GPA/ZC 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 Quatity
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;
circulahon of water;
mosquito abatement;
maintaining and testing water quality; and
debris control/removal.
Valley Fever
5.3-4a Refer to Section 5.7. Air Quality, 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 Pdor 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
Shod-Term Aesthetic Impacts
5.4-1
Construction equipment staging areas shall be located away from existing residential
uses and appropriate screening (i.e., temporary fencing with opaque material), used to
buffer views of construction equipment and material, when feasible. Staging locations
shall be indicated on project Final Development Plans and Grading Plans and subject to
review and approval of the City. Compliance with this measure is subject to periodic field
inspections by City staff.
Lono-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
sites northern boundary; and adjacent said wall, alternate planting 24 inch box
and 15 gallon size trees spaced 15 feet apart (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 half of
the trees shaft be evergreen, and the evergreen trees shall be a minimum size of 24
inch box or larger.
5.4-2b All mechanical and electrical equipment (to be installed on the structure or on the
ground) shall be adequately screened from public view. The screening shall be
considered as an element of the overall design and must blend with the architectural
design of the building and/or landscaping, as appropriate. Construction plans for the
buildings shall indicate any fixtures or equipment to be located on the roof of the
respective structure, equipment types, and design of the screening material. The method
of screening shall be reviewed and approved by the City.
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.
5.4-2f Sign plans shall be designed by the applicant and reviewed by the City with special
attention given to light and glare impacts on sensitive uses adjacent to the site.
LiQht 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 P/us 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 tane 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 P/us 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, ff the after build out traffic study as required by
Traffic Mitigation Condition #5.5-1c confirms that the volume splits for the
right turn lane are more than 70% of the total inbound project traffic, and
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 left 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:
1999 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).
5.5-1c
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 m~tigation improvements
Traffic Signal Warrant
5.5-2a 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 funchon 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
55-5 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 Lso 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 aeveloper shall be required tc retain at the developers expense, a
qualified noise consultant and prepare a noise study to determine compliance with this
mitigation.
Air Quality
Short-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 constructiomrelated 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.
Lona-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 low-NOt emission water heaters shall be used;
central water heating systems shall be used;
double-paned glass shall be used in all exterior windows;
energy-efficient low-sodium parking lot lights shall be used; and
install energy-efficient and automated air conditioners.
Cumulabve 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
58-1a
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 kit fox in dens. Specific measures during the construction phase of the
project shall be ~mplemented 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 entrapped;
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 dudng 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 ~nitiated during the nesting season and active eggs or nests were
identified in the preconstruction survey, the applicant shall consult with the U.S. Fish and
Wildlife Service and California Department of Fish and Game to conduct issuance of a
Migratory Bird Permit and burrow closure prior to the nesting season.
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 CDFG 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
snail 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 conoealment; 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 Department.
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.
510-2c
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 temporaw 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 iratic tex~ 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 / 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
Department 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.
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 prior 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
P98o0490 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
4,400seats (1 space/4 seats) 1,100Spaces
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 prior 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-o4905PRconex3. 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 805/320-3979 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 projecL 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, lease with option to
purchase, or ground lease of this properly, the seller shall deliver to the buyer or lessor a
completed Local Addendum Transfer Statement in compliance with 13.08.080.
Prior 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. (16.32.070A.)
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)
c. 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 B.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, lumina/res, 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)
PgS-o490SPRconex3. 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 evoid 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.
EXtlIBIT 4
PAGE 2
GRAND CANAL PROJECT (GPA\ZC P98-0490)
MITIGATION MONITORING PROGRAM
I Verification of
Compliance
Mitigation I
Measorc Engineering Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitatinn Division Police Department Transit
DURING FINAl, GRADING AND EXCAVATION
5.3-41} All areas with bare soil exposed as a result Ap?roved by:
ot grading activities shall be landscaped at the
earliest nme possible or slahilized by watering whelt
winds exceed 25 miles per hour in order to reduce on
tile poten~lai inhalation ot spores causing Valley
Fe~er.
5.9-1 If archeological or paleontological resources Approved by:
are discovered during excavation and grading
acnvities on site. ti~e contractor shall slop all work
and the developer shall retain a qualified on
archaeologist to evaluate the significance of the
finding and appropriate course of action. Salvage
operation requirements h~ Appendix K of the
California Environmental Quality Act Guidelines
shall be followed and the treat~nent of discovered
Native American remains shall comply with S~aIe
EXHIBIT 4
PAGE 5
Verification of Compliance
Mitigatinn
Mt'asurc Engineering Building and Safety Fire Department (;olden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.4-2b All mechanical ami eleclrical equipment (to Approved by:
design ot tile building and/or landscaping, as
and appro; ed by the Cil5
5.4-2d All x isible trash collection facili6es and Approved by:
EXHIBIT 4
PAGE 4
Verification of Compliance
Mitigation
Measure Engineering Bnilding and Safety Fire Department (;olden Empire
Planning Traffic Engineering Sanitation Division Police l)epartmcnt Transit
5.4-2a Tile pmiec~ Final Devehlpment Plan and Approved by:
andsc;tpe Plan shall include tl~e fi4hm,mg:
a minimum six fl~ot high ~nasonW wall al~mg
d~e edge ol die parking lol on die sile's ilortl~enl
bonnets,; and aliiacent said wall, altemam
plmtling t,f 24 tach box and 15 gallon size trees
spaced 15 fuet apar~ (landscaping along the
ilorihen~ boulll~ry alld masons' wall sha][ be
h~r tile tmdect), and
A miabnum eightfi~m wMe ~n&cape area and
a three b~ot high decorative (tex~tred) wall
with block cap (not mo~O shall be
constntcted along the southern bounda~ of
~te project s~e (nonh sMe of Berkshire Road).
?he minhnum 8flint wMe landscape area shall
be provMed along the entire Be~'hire Road
frontage. A mhtbnum three foot wMe
landxcape area shall be iasmlled on the
parking lot sMe of the wall. Trees along
Berkshire Road shall be provMed at the
minhnum rate of I tree per 35 lineal feet
(grottping of trees may be allawed). At least
ha{[ of the trees shall be evergreen, and the
eve~recn trees shall be a min~um s~e of 24
inch box or larger. (~8-0490)
EXHIBIT 4
PAGE 3
Mitigation [ [
Measure Engineering
Planning Traffic Engineering
DURING PI,AN CHECK:
Verification of Compliance
Building and Safety
Sanitation l)ivision
Fire Department (;olden Empire
Police Department Transit
by Ci~, staff
EXHIBIT 4
PAGE 6
Verification of Compliance
Measnre Engineering Building and Safety Fire Department (;olden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
5.4-3 The prl)pl)sed pr~iecl shall at[here to the Approved by:
fiqlowing li~2hting stanlbrds requirements
EXHIBIT 4
PAGE 7
Mitigation
Measure
1999 Phts Prq]ect (Ope~i~g Da)) Conditiolls
left tunl lane (LOS B);
ramps: arid sottthbound left tttrll lane (LOS B);
(LOS B):
Pananla Lane and South "H" Street: add
Planning
Engincerlng
Traffic Engineering
Approved by:
Approved by;
Verification of Compliance
Building and Safety Fire Department
Sanitation Division Police Department
Golden Empire
Transit
EXHIBIT 4
PAGE 10
Verification of Compliance
Mitigation
Mcasare Engineering Building and Safety Fire Department (;olden Empire
Planning Traffic Engineering Sanitation Divkslon I'olicc Department Transit
5.5-4 Final Dex eloplnent Plans shall depict and the Apprr~ved by Approved by:
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
Pavaana Lane and Colony Street: add eastbotmd Approved by:
through lane. single eastbound right turn lane
westbound left tam lane, westbound through
lane and northbound left tarn lane (LOS Ct; on
The developer shall be responsible .for the
construction of an additional eastbound right
turn lane after the project bas attained 75%
occnpancy, if the after build out traffic study
as required by Traffic Mitigation Condition
#$.5-1-c conftnns that the volame splits for the
right tum lane are more than 70% of the total
inbound project traffic, and the act~tal
operational LOS are below levels acceptable to
the CBy Engineer. (P98-0490)
· Panmna Lane and South "H" Street: add
eastbound right tam lane, westbound right tam
lane, northbound left tarn lane, northbound
right tam lane, and southbom~d right turn ladle;
Berkshire Road and South "H'Street:
eastbound through lane, eastbound left tam
lane, northbouud; left turn lane, and
southbound right turn lane also (LOS C);
· Taft Highway (SR-1191 and South 'H' Street:
add northbouud left tam lane, southbom~d left
tarn lane, and southbound right tam lane (LOS
C); and
Project Entrance #2 and South "H' Street: add
two eastbound lanes (LOS
Roadway Segment Improvements
The following roadway segments require
improvements due to tbe 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-I19) (Southbound SR99
ramps to South UH" S~'eet): If the after build on
out traffic study as required by traffic
Mitigation Condition #$.5-1c confirms that the
volames and actual operational LOS are below
acceptable levels for this segment, then the
dereloper shall be responsible for widening
ibis segment to four lanes after the project has
attained 75% occupancy. (P98-0490)
Colony Street (Panama Lane to Project)
construct and or/stripe to four lanes (LOS A):
· Panama Lane (Northbound SR-99 ramps to
Soulh :H" Street): add median (LOS A);
· Panama Lane (Colony Street to soufl~ °H'
Street):
add medim~ {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
· Panmna Lane (Nordibotmd SR-99 on/off-ramps
to Cohmy Street): widen It) six lanes (LOS A);
and
· Soudi °H" Street (Berkshire Road to McKee
Road): widen to four lanes (LOS A).
EXHIBIT 4
PAGE 11
Veritication of Compliance
Mitigation
Measure Engineering Building and Safety Fire i)cpartmcnt Golden Empire
Planning Traffic Engineering Sanitation Divi.~inn Police Department Transit
5.8-1c Prior to gr~lding plan approval ft~r the 65 73 Approved
EXHIBIT 4
PAGE 12
Verification of Compliance
Mitigation
Measure Engineering Building and Safety Fire Department (;olden Emplrc
Planning Traffic Engineering Sanitation 1)ivl.sion Police Department Transit
5.10-1 Prior m Final Devehlp~nent Plan snblnittal. Approved by:
tile applicant shall ~ubmit a Secttrit) Plan 1o the
approval ]he fitllt*wing measures shall be on
ulcorp~rated imo tile Security Plan:
security lighting at parking areas, h~ading areas,
and watkways;
use of dead bolts, closed circuit lelevisions,
securiiy lighting and atanns, and other design
emergency vehicles.
Wiflt Final Development Plan sulnnittal, evidence of
approval by file h~lice Department shall be provided
t~) the City Planning Department.
5.10-2a Fire apparatus access roads shall have an Approved by:
unobstructed vertical clearance of not less than 13
t~et 6 inches on
5.10-2b Fire apparatus access roads shall be Approved by:
loads of fire apparatus and shall be provided with a
surface so as to provide all weather drivh~g on
capabilities
5.10-2c Fire lanes sball be provided along the front Approved by:
of all shopping complexes and all other buildings
other than dwellings when any par~ of said complex
or bnilding is ~nt~re than 150 feet frmn a public
EXIIIBIT 4
PAGE 13
Verification of Comllliance
[Mitigation
Measure Engineering Building and Safety Fire I}epartment (;olden Empire
I~lanning 'l'rafflc Engineering Sanitation Division Pnlice Department Transit
EXHIBIT 4
PAGE 14
Verification of Cnmpliancc
Mitigation
Measure Engineering Building and Safety Fire Department (;olden Empire
Planning Traffic Engineering SanRation Division Police Department Transit
5.3-31; With Final Development Phn submittal, the Approved by:
PRIOR TO ISSUANCE OF BUIED1NG PERMIT
5.5-1a Prior to the issuance of building permits, the Approved by:
pa~ject applican~ shMl cmnply with rite Metropolitan
Bakersfield Transv*riation hnpact Fee Program The
pn[lect app}icant shall participate ill tile on
hnprovements required on a prt> rata fair-share basis
as provided iii Table 55~3. Pr,-Ram/Mitigation.
5.5-2a To accolnlnOdate existing plus project (1999) Approved by:
traffic conditions, traffic signals are projected to be
warranted at the roi}owing intersections:
Prqject Entrance #2/South "H' Street (t.OS B).
Berkshire Road/Stmlh 'H' Street (LOS B)
EXHIBIT 4
PAGE 15
Verification of Compliance
~,liligatinn
Measure Engineering Building and Safety Fire Department (;olden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
The applicanI shall parncipate ht the itnprlwenlelltS
PRIOR TO CONSTRUCTION:
Appr.ved by:
on
EXHIBIT 4
PAGE 16
Vcrification of Cnmpllancc
Mitigation
Measure Enginccring Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
asphalt concrete paving shall comply with San
Joaqtlm Valley Unified APCD Rule 4641 and
enlulsificd asphalt paving materials;
red,ice fugitive dus~ emissions;
cease grading activities during periods of }figh
· limit construction related vehicle speeds to 15
all llaul trucks should he covered when
the Metropolitan Bakersfield Habitat Coaservation
Plan. Upon payment of fees, the applicant shall
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 re,quires certain take avtlidance Approved by:
nm,tstnes f,~r the S,m Joaqaln kit i~x MBHCP
Specific measures during tile constnlction phase of
tl~e prolect shall be implemented and mchlde the
fidlowmg
the pmp~sed 2 0 acre smnp collecfior~ site prior
to site grading to searcl~ for native kit fi~x dens;
all pipes, culverts tlr similar stnlctures with a
thallteter of four inches or greater shall be kept
capped lo prevent ent~, of kit h~x. lftheyare
m~t capped or ~her~ise covered, they shall be
inspected daily prior to burial or closure to
become entrapped;
· all pipes, culverts or similar structures with a
d/ameter {,f fimr inches or greater shall be kept
capped m prevent etury of kit fi>x. If they are
not capped or otherwise covered, they shall be
inspected daily prior to burial or closure to
ensure ilo kit foxes, ~r other protected species,
become entrapped;
EXHIBIT 4
PAGE 18
Verification of Compliance
Mitlgatitm
Measure Engineering Building and Safety Fire I)epartmcnt Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
possibilit)' of ranging animals frown being
ali fired, gad*age, and plastic shall be disposed
EXHIBIT 4
PAGE 19
Mitigation
hleasnre
DURING CONSTRtJCTION:
Planning
Verification of Compliance
Engineering
Traffic Engineering
IBnilding and Safety
Sanitation Division
Fire Department
Police Department
cover all access roads and parking areas with
asphalt ctmcrete paving;
asphalt-concrete paving shall cmnpl¥ with San
Joaqllill Valley Unified APCD Rule 4641 and
elnulsified asphalt paving materials:
reduce fugitive dust emissions;
cease grading activities during periods of high
winch; (greater than 20 mp]l over a Olle hour
period);
limit construction related vehicle speeds to 15
lnph on all unpaved areas at the construction
project sites
POST CONSTRUCTION:
Appr.ved
5.5-1e Per the reques; of ;lie Bakersfield Public
Works Depa~nent, a post projeci completion traffic
study shall be completed by the project applicant in
order to assess the adequacy of required init(gat(on
Approved by:
on
(;olden Empire
TransR
EXHIBIT 4
PAGE 20
Verification of Compliance
Mitigation
Measure Emlinccring Building and Safety Fire Department Golden Empire
Planning Traffic Engineering Sanitation Division Police Department Transit
Traffic data shall be collected within 12 to 15 months
of the opening of the Center Within lille lll{~tlth of
Said analysis shall assess and compare the original
recolranendations m~d conclusions relative thereto. A
finaitcillg shall be provided, prior t~) occupancy, to
provida fi)r fl~e aamlysis and any potential revisi~m to
5.6.-4a Operational h{mrs tt)r amplified sound at the Approved by:
amphitheater use ~hall Be litnited to between the
hotlrs of 7:0(} a.m. to lO:00 p.m. Adherence with
this ~neasurc is suhiec~ m periodic rile in,;pections by on
the Ci~ oI Bakersfield
5.6-4b The atnphithealer speaker system shall be Approved by:
hmimd al mi hourly L50 noise levels to 0.75 dBA at
EXtlIB1T 4
PAGE 21
Miligatinn [
Measure
Planning
Vcriflcation of Compliance
Engineering Building and Safety Fire Department
Traffic Engineering Sanitation Division Police Department
Golden Empire
Transit
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
5.3.5a Prh~r t~ issuance t~f Certificates of Approvedby'
Occupm~cy, tile applicant shall p~st signs prtdliblting
s~xiinming and wading itl the canal The m~mber.
review and approval by the Ci~ ~*f Bakersfield
Braiding Deparnnent
5.10-2g All buildings shall be equipped with an Approved by: