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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: