HomeMy WebLinkAboutRES NO 126-08RESOLUTION NO. 1 2 6 -' ~ 8
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
06-1052, AN AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR
(LOW DENSITY RESIDENTIAL) TO GC (GENERAL
COMMERCIAL) ON APPROXIMATELY 20 ACRES, LOCATED AT
THE SOUTHWEST CORNER OF PANAMA LANE AND ASHE
ROAD.
WHEREAS, Maurice J. Etchechury, for The John M. Antongiovanni Trust, filed an application
requesting a General Plan Amendment to change the land use designations of certain property within
the City of Bakersfield as hereinafter described; and
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, March 17,
2008, and THURSDAY, March 20, 2008, on General Plan Amendment 06-1052 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time
and place of hearing having been given at least twenty (20) calendar days before said hearing by
publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment 06-1052, an amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment 06-1052:
Maurice J. Etchechury, for The John M. Antongiovanni Trust, has applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan from LR (Low Density
Residential) to GC (General Commercial) on approximately 20 acres; and
WHEREAS, for the above described project, an Initial Study was conducted and it was
determined that the proposed project would have a significant effect on the environment and therefore,
an Environmental Impact Report (EIR) for the project was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the applicant and property owner has indicated the purpose of the request is to
develop a commercial development within the City of Bakersfield; and
WHEREAS, the project site lies within a path of development with approved urban development
projects in progress; and
WHEREAS, adjacent urban development projects as well as local government agency efforts
have extended or will extend supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 46-08, adopted on March 20, 2008:.
1. The laws and regulations relating to the preparation and adoption of Environmental
Impact Reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and
the Planning Commission; and o~gAKF~`~~
2. All required notices have been given; and ~ ~
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3. The provisions of CEQA have been followed; and
4. Based on the initial study and comments received, staff has determined that the
proposed project could have a significant effect on the environment. An Environmental
Impact Report was prepared for the project in accordance with CEQA; and
5. The amendment to the General Plan Land Use Element from LR (Low Density
Residential) to GC (General Commercial) on approximately 20 acres is consistent with
the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
3. That General Plan Amendment No. 06-1052 to the Land Use Element is hereby
approved from as recommended by the Planning Commission and shown on the
General Plan Amendment Map in Exhibit A, subject to the Mitigation/Conditions of
Approval for the project as shown in Exhibit B and Mitigation Monitoring and Reporting
Program adopted in the Final Environmental Impact Report as shown in Exhibit E.
4. Attached Exhibit C containing the Statement of Facts, Findings, and Mitigation
Measures are appropriate and incorporated into the project.
5. Attached Exhibit D containing the Statement of Overriding Considerations related to
significant unavoidable traffic (project and cumulative) impacts is appropriate and
adopted for the project.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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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 July 30, 2008 by the following vote:
AYE ~ COUNCILMEMBER CARS N BENHAM WEIR COUCH HANSON SULLIVAN SCRIVNER
ES: COUNCILMEMBER ~ 0
ABSTAIN: COUNCILMEMBER I,nPtx Q_
ABSENT: COUNCILMEMBER V1.~`371Q1
PAMELA A. McCARTHY~~C
CITY CLERK and Ex Off' I Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 0 2008
MAYOR of the City of Bakersfield
By:
EXHIBIT A General Plan Amendment Location Map
B Mitigation/Conditions of Approval
C Statement of Facts, Findings, and Mitigation Measures
D Statement of Overriding Considerations
E Mitigation Monitoring and Reporting Program
CG - S:\GPA 1st 2008\06-1052 Panama Ashe EIR\EIR\Resos\CC GPA.doc
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APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Exhibit A
General Plan Amendment Location Map
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ORIGINAL
CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
SI Service Industrial
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR Suburban Residential _ _ _ _ _
<_ 4 dwelling units/net acre
P Public Facilities
SR/LR County: s 4 dwelling units/net acre
City: <_ 7.26 dwelling units/net acre PS Public/Private Schools
LR Low Density Residential PT Public Transportation Corridors
s 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but <_ 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units buts 17.42 dwelling units/net acre
OS-S Slopes exceeding 30%
HR High Density Residential
> 17.42 units buts 72.6 dwelling units/net acre R-IA Resource -Intensive Agriculture
20 acre minimum parcel size
R-EA Resource -Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource -Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freeways provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
Expressways are arterial highways with partial control of access which may or may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors function to connect local streets with arterials and to provide access to abutting property.
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Locals are exclusively for property access and through traffic is discouraged. o
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Exhibit B
Conditions of Approval & Mitigation Measures
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ORIGINAL.
EXHIBIT B
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1052
Planning
1. Project design shall include a local street serving the commercial area from Panama Lane as
follows:
a. A local road serving the commercial center along the western boundary of the proposed
commercial area; the local road shall be provided between the commercial and residential
designations.
To facilitate access from adjacent neighborhood.
2. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for
bike lanes at the north end of the project site along Panama Lane and at the east end of the
project site along Ashe Road.
For orderly development.
Public Works
3. Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. This GPA/ZC area is too small to support its own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPA/ZC area must be included within the
drainage area of adjoining property. Submit a comprehensive drainage study of the entire
drainage area, to be reviewed and approved by the City Engineer. The study shall show the
development's proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be dedicated to the City.
b. Submit verification to the City Engineer of the existing sewer system's capability to accept the
additional flows to be generated through development under the new land use and zoning.
c. In order to preserve the permeability of the sump and to prevent the introduction of sediments
from construction or from storm events, all retention and detention basins (sumps) shall have a
mechanical device in the storm drain system to remove or minimize the introduction of oil,
grease, trash, and sediments to the sump. This device shall be reviewed and approved by the
City Engineer, and shall provide the greatest benefit to the storm drain system with the least
maintenance cost.
d. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPA/ZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The developer is
also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage.
For orderly development.
4. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $0.35 per square foot for commercial. If prior to issuance of a building permit said fee
is merged into the regional TIF program then payment of the regional TIF fee will be deemed to
have satisfied the intent of this condition. This fee is a component of the City Council approved
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EXHIBIT B
GPAIZC No. 06-1052
MitigationlConditions of Approval
action plan to pursue funds needed to complete construction of major transportation facilities to
serve growth and development within Metropolitan Bakersfield.
For orderly development.
5. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated
Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan
Review, or application for a lot line adjustment for any portion of this GPA area.
For orderly development.
6. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the GPA/ZC request is required prior to recordation of any map or approval of any
improvement plan for the GPA/ZC area, whichever occurs first.
For orderly development.
7. Access to the arterial streets will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access street(s) will also be made at
the time of division or development. A full access opening will only be considered if the developer
funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not adversely
affected.
For orderly development.
8. Local Mitigation -Prior to development estimates shall be submitted and approved for local
mitigation to the impacted intersections and segments subject to fair share improvements.
Applicant shall participate in the improvements required on a pro-rata, fair share basis, and prior to
the issuance of building permits, based upon the approved estimates.
Mitigation for potentially significant traffic impacts.
9. Regional Transportation Impact Fee/Regional Mitigation -Prior to the issuance of building
permits, the project applicant shall participate in the RTIF program. The applicant shall submit
funding calculations for all improvements associated with the RTIF program pursuant to both the
mitigation measures from the project DEIR and the current policy of the Public Works Department
for said calculations. Said calculations shall be updated based upon the adopted RTIF at time of
development.
Mitigation for potentially significant traffic impacts.
City Attorney
10. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or
boards ("City" herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial tribunals of any kind
whatsoever, in any way arising from, the terms and provisions of this application, including without
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EXHIBIT B
GPAIZC No. 06-1052
Mitigation/Conditions of Approval
limitation any CEQA approval or any related development approvals or conditions whether
imposed by the City, or not, except for CITY's sole active negligence or willful misconduct.
a. This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
b. The City will promptly notify Applicant of any such claim, action or proceeding, falling under
this condition within thirty (30) days of actually receiving such claim. The City, in its sole
discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the
sole cost and expense of the Applicant and the City is not obligated to use any law firm or
attorney chosen by another entity or party.
MITIGATION MEASURES FROM ENVIRONMENTAL IMPACT REPORT:
Aesthetics
11. (AES-2) During the installation of lighting standards, luminaries shall be provided with filtering
louvers and hoods to minimize spill light to adjacent properties. Nighttime evaluation shall be
conducted to ensure that spillover light and glare are avoided, and documentation of the final
testing results shall be provided to the City for acceptance before granting the developer a final
certificate of occupancy.
Air Quality
12. (AQ-2.1) As a design feature of the project, the project applicant has entered into a voluntary
emission reduction agreement to reduce net ROG, NOX, and PM10 impacts to zero, which
exceeds benefits related to compliance with Rule 9510.
13. (AQ-2.2) As a condition of project approval, the project applicant shalt include the following
standard measures in the project design:
• Sidewalks on both sides of the streets.
• Bike lanes on arterials and collectors.
These design features shall be implemented in addition to the City of Bakersfield's policies for air
quality.
Biological Resources
14. (BIO-1.1) Prior to issuance of grading permits, the project applicant shall pay fees pursuant to the
Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The San Joaquin kit fox is a
covered species within the MBHCP. The payment of development impact fees is considered
adequate mitigation under the MBHCP to minimize impacts to special-status species. The fees are
placed in an account for habitat acquisition and management to be used by the MBHCP Trust
Group. Upon approval of the proposed project, the applicant shall pay the required mitigation fee
or fees. Upon the payment of this fee and receipt of City project approval, the development
applicant shall become asub-permittee and shall be allowed the "incidental take" of the species in
accordance with state and federal endangered species laws and mitigation requirements of all
parties, including state, federal, and local (MBHCP).
15. (BIO-1.2) Within 30 days prior to any ground-disturbing activities, a qualified biologist shall
conduct clearance surveys for San Joaquin kit fox and burrowing owls. If active dens or burrows
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EXHIBIT B
GPA/ZC No. 06-1052
Mitigation/Conditions of Approval
are found and cannot be avoided, these dens and/or burrows shall be monitored, excavated, and
backfilled in accordance with the recommendations of the MBHCP.
16. (BIO-1.2a) If, during the preconstruction clearance survey described in MM BIO-1.2, burrowing
owls are identified, occupied burrows would not be disturbed during the nesting season (February
1 through August 31 for owls and other raptors), including a minimum 250-foot buffer zone around
any occupied burrow unless a qualified biologist approved by CDFG verifies through non-invasive
methods that either: 1) burrowing owls have not begun to egg laying and incubation or 2) that
juveniles from the occupied burrows are foraging independently and are capable of independent
survival. The size of individual buffers may be modified through coordination with Department of
Fish and Game based on site-specific conditions and existing disturbance levels. During the non-
nesting season or if the qualified biologist determines either 1 or 2, the project proponent would
encourage owls to passively relocate. Passive relocation is defined as encouraging owls to move
from occupied burrows to alternate natural or artificial burrows that are beyond 50 m from the
impact zone and that are within or contiguous to a minimum of 6.5 acres of foraging habitat for
each pair of relocated owls (CBOC, 1993). Regarding passive relocation, The Burrowing Owl
Survey Protocol and Mitigation Guidelines state that:
"Owls should be excluded from burrows in the immediate impact zone and within a 50 m
(approx. 160 ft.) buffer zone by installing one-way doors in burrow entrances. One-way
doors should be left in place 48 hours to insure owls have left the burrow before
excavation. One alternate natural or artificial burrow should be provided for each burrow
that will be excavated in the project impact zone. The project area should be monitored
daily for one week to confirm owl use of alternate burrows before excavating burrows in
the immediate impact zone. Whenever possible, burrows should be excavated using
hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe or burlap
bags should be inserted into the tunnels."
17. (BIO-1.3) Prior to initial groundbreaking, atailgate session shall be conducted by a qualified
biologist to educate construction personnel on relative federal, state, and local laws related to
potentially occurring special-status species at the site. The tailgate session shall include training
for construction personnel on identification and avoidance techniques related to potentially
occurring special-status species at the site. Construction personnel shall also be instructed to be
on the lookout for special-status species described at the tailgate session. Any evidence, such as
dens or burrows, observed during construction shall be promptly reported to the reviewing agency
for resolution.
18. (BIO-1.4) Prior to initial groundbreaking, all exposed pipes, culverts, and other similar structures
with a greater than four-inch diameter shall be properly capped in order to prevent entry by San
Joaquin kit fox or other species. All structures not capped shall be inspected prior to burial or
closure in order to ensure that kit fox or other species are not present within the structure.
Cultural Resources
19. (CR-1) If buried cultural resources, such as chipped or ground stone, historic bottles or ceramics,
building foundations, or non-human bone are inadvertently discovered during ground-disturbing
activities, work shall stop in that area and within 100 feet of the find until a qualified archaeologist
can assess the significance of the find and, if necessary, develop appropriate treatment measures.
Treatment measures typically include development of avoidance strategies, capping wit o~~l~l KE ~~
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GPA/ZC No. 06-1052
MitigationlConditions of Approval
material, or mitigation of impacts through data recovery programs such as excavation or detailed
documentation.
Sites discovered to have relevance to Native Americans should be made known to the appropriate
individuals/agencies/groups as determined by the archaeologist in consultation with the lead
agency. If archaeological sites are discovered on site during construction, and an archaeologist is
contacted to determine the significance of the find, the developer shall provide written evidence to
the City Planning Department that a qualified archaeologist has been retained, shall be present at
the pregrading conference, shall establish procedures for archaeological resource surveillance,
and shall establish in cooperation with the project developer procedures for temporarily halting or
redirecting work to permit the sampling, identification, and evaluation of the artifacts, as
appropriate.
20. (CR-2) If human remains of Native American origin are discovered during project construction, it is
necessary to comply with state laws relating to the disposition of Native American burials, which
fall within the jurisdiction of the Native American Heritage Commission (Public Resources Code
Section 5097). If any human remains are discovered or recognized in any location other than a
dedicated cemetery, there shalt be no further excavation or disturbance of the site or any nearby
area reasonably suspected to overlie adjacent human remains until:
• the coroner of Kern County has been informed and has determined that no investigation of the
cause of death is required, and
• if the remains are of Native American origin,
a. the Native American Heritage Commission was unable to identify a descendant or the
descendant failed to make a recommendation within 24 hours after being notified by the
commission, or
b. the descendants of the deceased Native Americans have made a recommendation to the
landowner or the person responsible for the excavation work for means of treating or disposing
of, with appropriate dignity, the human remains and any associated grave goods as provided
in Public Resources Code Section 5097.98.
According to California Health and Safety Code, six or more human burials at one location
constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony
(Section 7052). Section 7050.5 requires that construction or excavation be stopped in the vicinity
of discovered human remains until the coroner can determine whether the remains are those of a
Native American. If the remains are determined to be Native American, the coroner must contact
the California Native American Heritage Commission.
Geoloav and Soils
21. (GEO-2) Prior to final design and initiation of any construction activities, a qualified geotechnical
engineer shall conduct site-specific testing in order to determine the potential for collapsible soils
at the proposed project site. Asoils/geotechnical report shall be submitted to the Building Director
prior to grading. If it is determined that the proposed project site contains collapsible soils,
appropriate engineering measures shall be included in the project design to relieve this potential
hazard, including application of engineered fill and/or foundations for the proposed structures and
parking areas.
22. (GEO-3) During final design and prior to any construction activities, a qualified geotechnical
engineer shall conduct site-specific geotechnical testing in order to determine the expansive indo ~AKF ~~
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EXHIBIT B
GPA/ZC No. 06-1052
MitigationlConditions of Approval
of the site's soils at the proposed project site (in conjunction with Mitigation Measure GEO-2). A
soils/geotechnical report shall be submitted to the Building Director prior to grading. If it is
determined that the proposed project site contains expansive soils, appropriate engineering
measures shall be included in the project design to relieve this potential hazard, including
application of engineered fill and foundations for the proposed structures and parking areas.
Hazards and Hazardous Materials
23. (HAZ-2) Prior to issuance of any grading permits, the existing water well shall be properly
abandoned, closed, and/or destroyed in accordance with state and local guidelines. Evaluation
and verification by the Kern County Environmental Health Services Department (KCEHSD) Well
Water Program shall be conducted, and a permit shall be issued, as required.
Hvdrolo~ty and Water Quality
24. (WQ-1.1) Prior to issuance of grading permits, a SWPPP shall be developed for the construction
phase of the proposed project and construction-phase BMPs shall be implemented to capture and
treat polluted runoff from the proposed project site. Recommended BMPs for the construction
phase may include, but are not limited to, the following:
• proper stockpiling and disposal of demolition debris, concrete, and soil;
• protecting existing storm drain inlets and stabilizing disturbed areas;
• implementing erosion controls;
• properly managing construction materials; and managing waste, aggressively controlling litter,
and implementing sediment controls.
These requirements shall be incorporated into design specifications and construction contracts.
25. (WQ-1.2) Prior to issuance of grading permits, the applicant shall prepare a water quality
management plan (WQMP) for the project that identifies post-construction treatment control and
design measures that minimize runoff and surFace water pollution. The WQMP shall be prepared
in accordance with the Kern County SUSMP and the City of Bakersfield Design Manual
(Bakersfield 1989). During final design of the proposed project, the applicant shall implement a
suite of post-construction storm water quality treatment and control BMPs designed to address the
most likely sources of storm water pollutants resulting from operation of the proposed project.
These measures may include, but shall not be limited to, installation of screens and filters into
catchment basins, storm water receptors, detention basins, drainage swales, and/or other
measures in accordance with the Kern County SUSMP. Incorporation of City-approved project
design features into the project design, as well as construction documents, shall ensure that
operational surface water quality is equal to or above applicable water quality standards.
Noise
26. (NOI-1.1) All noise-producing construction equipment and vehicles using internal combustion
engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other
shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed
original factory specification. Mobile or fixed "package" equipment (e.g., arc-welders, air
compressors) shall be equipped with shrouds and noise-control features that are readily available
for that type of equipment.
27. (NOI-1.2) Electrically powered equipment shall be used instead of pneumatic or internal
combustion powered equipment, where feasible.
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GPA/ZC No. 06-1052
Mitigation/Conditions of Approval
28. (NOI-1.3) Material stockpiles and mobile equipment staging, parking, and maintenance areas shall
be located as far as practicable from noise-sensitive receptors.
29. (NOI-1.4) Construction site and access road speed limits shall be established and enforced during
the construction period.
30. (NOI-1.5) Construction operations shall only occur between 8:00 a.m. and 6:00 p.m.
31. (NOI-1.6) The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be
for safety warning purposes only.
32. (NOI-1.7) No project-related public address or music system shall be audible at any adjacent
receptor.
33. (NOI-1.8) The onsite construction supervisor shall have the responsibility and authority to receive
and resolve noise complaints. A clear appeal process to the owner shall be established prior to
construction commencement that will allow for resolution of noise problems that cannot be
immediately solved by the site supervisor.
34. (NOI-1.9) A 14-foot-high wall, as measured from the finished grade of the commercial property,
shall be constructed at the southern and western property lines to reduce noise levels associated
with operating noises levels, specifically delivery truck noises. If an acoustical study is performed
based on actual construction materials and/or conditions and it provides evidence that the block
wall may be reduced in height, the Planning Director may at his discretion reduce the height of the
block wall.
Public Services and Utilities
35. (PS-5) Prior to the issuance of any building permit, the project applicant shall submit to the City for
review and approval a plan to separate recyclable/reusable construction debris. The plan shall
include the method the contractor will use to haul recyclable materials and shall include the
method of and location of material disposal. The contractor shall be responsible for hauling
construction debris to the Mount Vernon Recycling Center or entering into a contract with a
licensed hauler for disposal of construction debris.
Transportation and Traffic
36. (TR-1.1) Prior to final site plan approval, the project applicant shall pay a 3.55 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road and White
Lane. These improvements include one eastbound left turn lane, one eastbound right turn lane,
one westbound left turn lane, one northbound left turn lane, one northbound through lane, one
southbound left turn lane, and one southbound through lane.
37. (TR-1.2) Prior to final site plan approval, the project applicant shall pay a 3.61 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road and
District Boulevard. These improvements include one eastbound left turn lane, one westbound left
turn lane, one westbound right turn lane, one northbound left turn lane, one northbound through
lane, one southbound left turn lane, and one southbound through lane.
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EXHIBIT B
GPA/ZC No. 06-1052
Mitigation/Conditions of Approval
38. (TR-1.3) Prior to final site plan approval, the project applicant shall pay a 1.81 percent fair share
local transportation improvement fee for implementation of striping for one southbound through
lane at Gosford Road and Harris Road. Prior to final site plan approval, the applicant also shall
pay the regional transportation impact fee for implementation of one northbound left turn lane.
39. (TR-1.4) Prior to final site plan approval, the project applicant shall pay a 7.00 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road and
Harris Road. These improvements include installation of a traffic signal required by 2008 to
maintain LOS C, and one eastbound through lane, one westbound right turn lane, one northbound
left turn lane, and one southbound left turn lane.
40. (TR-1.5) Prior to final site plan approval, the project applicant shall pay the regional transportation
impact fee for implementation of improvements at Old River Road and Panama Lane. These
improvements include installation of a traffic signal, two eastbound left turn lanes, two eastbound
through lanes, one eastbound right turn lane, two westbound left turn lanes, two westbound
through lanes, one westbound right turn lane, two northbound left turn lanes, two northbound
through lanes, one northbound right turn lane, two southbound left turn lanes, two southbound
through lanes, and one southbound right turn lane.
41. (TR-1.6) Prior to final site plan approval, the project applicant shall pay the regional transportation
impact fee for implementation of improvements at Gosford Road and Panama Lane. These
improvements include one eastbound left turn lane, two eastbound through lanes, one eastbound
right turn lane, one westbound left turn lane, two westbound through lanes, one northbound left
turn lane, two northbound through lanes, one northbound right turn lane, one southbound left turn
lane, and two southbound through lanes.
42. (TR-1.7) Prior to final site plan approval, the project applicant shall pay a 6.51 percent fair share
local transportation improvement fee for implementation of striping for one southbound through
lane at Reliance Road and Panama Lane. Prior to final site plan approval, the applicant also shall
pay the regional transportation impact fee for installation of a traffic signal, implementation of one
eastbound left turn lane, one eastbound through lane, one eastbound right turn lane, and two
westbound left turn lanes.
43. (TR-1.8) Prior to final site plan approval, the project applicant shall pay a 6.71 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road and
Panama Lane. These improvements include striping for one southbound left turn lane and striping
for two southbound through lanes. Prior to final site plan approval, the applicant also shall pay the
regional transportation impact fee for one eastbound left turn lane, two eastbound through lanes,
one eastbound right turn lane, one westbound left turn lane, one westbound through lane, two
northbound left turn lanes, and one northbound through lane.
44. (TR-1.9) Prior to final site plan approval, the project applicant shall pay a 4.74 percent fair share
local transportation improvement fee for implementation of improvements at Mountain Ridge Drive
and Panama Lane. These improvements include one southbound right turn lane required by 2008
to maintain LOS C. Prior to final site plan approval, the project applicant also shall pay the regional
transportation impact fee for installation of a traffic signal, one eastbound left turn lane, one
eastbound through lane, one westbound left turn lane, and one westbound through lane.
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MitigationlConditions of Approval
45. (TR-1.10) Prior to final site plan approval, the project applicant shall pay a 3.00 percent fair share
local transportation improvement fee for implementation of striping one southbound through lane
at Stine Road and Panama Lane. Prior to final site plan approval, the project applicant also shall
pay the regional transportation impact fee for one northbound through lane.
46. (TR-1.11) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for implementation of improvements at Akers Road and Panama Lane.
These improvements include one eastbound right turn lane, one westbound left turn lane, and one
westbound right turn lane.
47. (TR-1.12) Prior to final site plan approval, the project applicant shall pay a 1.11 percent fair share
local transportation improvement fee for striping one southbound through lane at Wible Road and
Panama Lane. Prior to final site plan approval, the project applicant also shall pay the regional
transportation impact fee for one westbound right turn lane, and one northbound through lane.
48. (TR-1.13) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for improvements at Gosford Road and Berkshire Road. These
improvements include the installation of a traffic signal, two northbound left turn lanes, one
northbound through lane, one northbound right turn lane, two southbound left turn lanes, one
southbound through lane, and one southbound right turn lane.
49. (TR-1.14) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for improvements at Ashe Road and Berkshire Road. These
improvements include the installation of a traffic signal, one northbound left turn lane, one
southbound left turn lane, and one southbound through lane.
50. (TR-1.15) Prior to final site plan approval, the project applicant shall pay a 3.25 percent fair share
local transportation improvement fee for implementation of one westbound left turn lane at Stine
Road and Berkshire Road required by 2008. Prior to final site plan approval, the project applicant
also shall pay the regional transportation impact fee for installation of a traffic signal, one
westbound left turn lane, one northbound left turn lane, one northbound through lane, one
northbound right turn lane, two southbound left turn lanes, one southbound through lane, and one
southbound right turn lane.
51. (TR-1.16) Prior to final site plan approval, the project applicant shall pay a regional transportation
impact fee for improvements at Gosford Road and McCutchen Road. These improvements include
one eastbound left turn lane by 2008 and the installation of a traffic signal, two eastbound left turn
lanes, two eastbound through lanes, one eastbound right turn lane, one westbound left turn lane,
two westbound through lanes, two northbound left turn lanes, two northbound through lanes, one
northbound right turn lane, two southbound left turn lanes, two southbound through lanes, and one
southbound right turn lane.
52. (TR-1.17) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for installation of a traffic signal at Reliance Road and McCutchen Road.
53. (TR-1.18) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for improvements at Ashe Road and McCutchen Road. These
improvements include the installation of a traffic signal, one eastbound left turn lane, o gAKF,~~
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MitigationlConditions of Approval
westbound left turn lane, two northbound left turn lanes, one northbound right turn lane, two
southbound left turn lanes, and one southbound right turn lane.
54. (TR-1.19) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for installation of a traffic signal at Mountain Ridge Drive and McCutchen
Road.
55. (TR-1.20) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee for improvements at Stine Road and McCutchen Road. These
improvements include installation of a traffic signal, two eastbound left turn lanes, two eastbound
through lanes, one eastbound right turn lane, two westbound left turn lanes, two westbound
through lanes, one westbound right turn lane, two northbound left turn lanes, two northbound
through lanes, two southbound left turn lanes, two southbound through lanes, and one
southbound right turn lane.
56. (TR-1.21) Prior to final site plan approval, the project applicant shall pay a regional transportation
impact fee for improvements at Ashe Road and McKee Road. These improvements include
installation of a traffic signal and one southbound left turn lane.
57. (TR-1.22) Prior to final site plan approval, the project applicant shalt pay a 2.07 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road and Taft
Highway (SR 119). These improvements include two northbound left turn lanes. Prior to final site
plan approval, the project applicant also shall pay the regional transportation impact fee for
installation of a traffic signal, one eastbound left turn lane, one westbound left turn lane, one
northbound left turn lane, and one southbound left turn lane by 2008 and two eastbound left turn
lanes, one eastbound through lane, one eastbound right turn lane, two westbound left turn lanes,
one westbound through lane, one westbound right turn lane, two northbound left lanes, two
southbound left turn lanes, and one southbound right turn lane.
58. (TR-1.23) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Gosford Road between Pacheco Road and Panama
Lane.
59. (TR-1.24) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Gosford Road between Panama Lane and
McCutchen Road.
60. (TR-1.25) Prior to final site plan approval, the project applicant shall pay a 9.66 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road between
District Boulevard and Harris Road. These improvements include adding two lanes in areas that
need to be widened and striping improvements only for the northbound lanes where the pavement
has been widened to full width. Prior to final site plan approval, the project applicant shall pay the
regional transportation impact fee to add two lanes to Ashe Road between District Boulevard and
Harris Road.
61. (TR-1.26) Prior to final site plan approval, the project applicant shall pay a 9.72 percent fair share
local transportation improvement fee for implementation of improvements at Ashe Road between
Harris Road and Panama Lane. These improvements include adding two lanes in areas that neoed~AKF ~
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Mitigation/Conditions of Approval
to be widened and striping improvements only for the southbound lanes where the pavement has
been widened to full width. Prior to final site plan approval, the project applicant shall pay the
regional transportation impact fee to add two lanes to Ashe Road between Harris Road and
Panama Lane.
62. (TR-1.27) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Ashe Road between Panama Lane and McCutchen
Road.
63. (TR-1.28) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Stine Road between Panama Lane and McCutchen
Road.
64. (TR-1.29) Prior to final site plan approval, the project applicant shall pay a 3.97 percent fair share
local transportation improvement fee for implementation of improvements at Panama Lane
between Old River Road and Gosford Road. These improvements include adding two lanes in
areas that need to be widened. Prior to final site plan approval, the project applicant also shall pay
the regional transportation impact fee to add four lanes to Panama Lane between Old River Road
and Gosford Road.
65. (TR-1.30) Prior to final site plan approval, the project applicant shall pay a 10.19 percent fair share
local transportation improvement fee for implementation of improvements at Panama Lane
between Gosford Road and Ashe Road. These improvements include adding striping to create
one additional lane. Prior to final site plan approval, the project applicant also shall pay the
regional transportation impact fee to add three lanes to Panama Lane between Gosford Road and
Ashe Road.
66. (TR-1.31) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Panama Lane between Ashe Road and Stine Road.
67. (TR-1.32) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to add two lanes to Panama Lane between Stine Road and Akers Road.
68. (TR-1.33) Prior to final site plan approval, the project applicant shall pay the regional
transportation impact fee to implement improvements on Panama Lane between Akers Road and
Wible Road. These improvements include the addition of a median required by 2008 and the
addition of two lanes.
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Exhibit C
Statement of Facts, Findings, and Mitigation Measures
This document is the same as shown in Exhibit "B" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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Exhibit D
Statement of Overriding Considerations
This document is the same as shown in Exhibit "C" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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Exhibit E
Mitigation Monitoring and Reporting Checklist
This document is the same as shown in Exhibit "D" attached to the Resolution for
the Certification of the Environmental Impact Report.
A complete copy of this document will be provided with the signed resolution.
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