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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 ~ ~ v ORIGINAL 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. ------- -000-------- 2 o~~AK~9J-e~ ~- m i-- r U C ORIGINAL 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 o~~AKF9~-~ ~. m F- r U ~ ORIGINAL APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibit A General Plan Amendment Location Map o~gAKF ~ s '- m ~ r v o ORIGINAL w U w w z a Q Z N l~ O c~ o 1 Z CW G 0 Z w Z J J Q w Z rw V ~_~ nn~ u oLL 0 N O w ~ `~' N N ~ ~ o O °o ~ G ~ N ~ M ~~~,~~-- W Z a a Z a 0 UU ~ ~ ~ ~ ~ F ~ ~ Q, J J C ~C C ~~-~ ~~ OV aoooo~ ~ ~~ J 5 ~ ~~,~o ~ ~ ~ ~, 5 ~ ' a e X20 ~ N a ~~v ~ ~ ~ 5 ~ ~ ~ ii i/ ~ 5 a // ~ ~ ~ J T J ~' ' ~~ Q // ~~ ~ ~ i% ~ ,// ~avoa oaodsoo N s 5 ~. H Q 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. ~~ Locals are exclusively for property access and through traffic is discouraged. o ~- KF9 s~ rn ~- 0 S:~Forms~zone-gp.doc ORIGINAL Exhibit B Conditions of Approval & Mitigation Measures o~~AKF~`~'~ > rn ~ ~ 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 Page 1 of 11 gPKF9 04 c!',~ ORIGINAL ~- m i-- r J ~ 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 Page 2 of 11 o``gAKF9~ '` m ~' r U ~ ORIGINAL 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 o~~AK~ ~ Page 3 of 11 ~ J 0 ORIGINAL 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 ~~ 9 Page 4 of 11 ~ v ~ ORIGINAL EXHIBIT B 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 ~~ 9 Page 5 of 11 v ~ ORIGINAL 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. s O~~AK~9.e~ Page 6 of 11 F m s ORIGINAL EXHIBIT B 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. Page 7 of 11 ~ m r V d ORIGINAL 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. Page 8 of 11 ~gAK,~ 0 U ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 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,~~ Page 9 of 11 v o ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 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 ~ Page 10 of 11 U ~ ORIGINAL EXHIBIT B GPA/ZC No. 06-1052 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. O~~A~~~`~'r Page 11 of 11 ~ U p ORIGINAL 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. ~gAKF9 o ~'~ >- m F-- r v o ORIGINAL. 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. o~~AK~9~' ~' m ~= r U O ORIGINAL 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. o~~AK~9~' '' m s ORIGINAL