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Home My WebLink AboutWest Ming Specific Plan (2007) WEST MING SPECIFIC PLAN Novem ber 2007 i ACKNOWLEDGEMENTS Bakersfield Mayor and City Council • Honorable Harvey Hall -Mayor • Honorable Irma Carson -Councilmember, Ward 1 • Honorable Sue Benham -Councilmember, Ward 2 • Honorable Mike Maggard -Councilmember, Ward 3 and Vice Mayor • Honorable David Couch -Councilmember, Ward 4 • Honorable Harold Hanson -Councilmember, Ward 5 • Honorable Jacquie Sullivan -Councilmember, Ward 6 • Honorable Zack Scrivner -Councilmember, Ward 7 Bakersfield City Manager • Alan Tandy Planning Commission • W. Edward (Ted) Blockley • Tom McGuinnis • Russell Johnson • Barbara Lomas • John S. Spencer • Jeffrey Tkac • Murray Tragish Development Services Department • Stanley Grady -Development Services Director • Jim Movius -Planning Director • Marc Gauthier -Advance Planning, Principal Planner • Jennie Eng -Current Planning, Principal Planner Public Works Department • Raul M. Rojas -Public Works Director • Jacques R. LaRochelle -Assistant Public Works Director WEST MING SPECIFIC PLAN ii November 2007 [This page intentionally left blank] TABLE OF CONTENTS Novem ber 2007 3 TABLE OF CONTENTS Acknowledgements.................................................................................................................................. ................... i 1 Introduction ...................................................................................................................................................... 7 1.1 PURPOSE........................................................................................................................................................................ 7 1.2 THE VISION ................................................................................................................................................................... 7 1.3 SITE BACKGROUND...................................................................................................................................................... 7 1.4 PLANNING AUTHORITY............................................................................................................................................... 7 1.5 CEQA REQUIREMENTS ...................... ........................................................................................................................ 7 1.6 CONSISTENCY WITH THE GENERAL PLAN....................................... ......................................................................... 8 1.7 CONSISTENCY WITH THE KERN RIVER PLAN ELEMENT........................................................................... .............. 8 1.8 SPECIFIC PLAN REQUIREMENTS ................................................................................................................................ 8 2 Project Description .........................................................................................................................................15 2.1 LOCATION .................................. ..................................................................................................................................15 2.2 SURROUNDING LAND USES......................................... ..............................................................................................15 2.3 PHYSICAL CHARACTERISTICS ......................................................................... ..........................................................15 2.4 PROJECT SUMMARY....................................................................................................................... .............................19 3 Land Use............................................................................................................................................................2 1 3.1 VILLAGES......................................................................................................................................................................21 3.2 RELATIONSHIP TO THE METROPOLITAN BAKERSFIELD GENERAL PLAN............................................................21 3.3 WEST MING SPECIFIC PLAN GENERAL PLAN LAND USE DESIGNATIONS .........................................................22 3.4 DENSITY AVERAGING...................................................................................................................... ..........................25 3.5 DWELLING UNIT LIMITATION .................................................................................................................................26 3.6 LIMITATION ON COMMERCIAL AREAS .................................................................................................................... 27 4 Circulation .............................. .........................................................................................................................29 4.1 THE CONCEPT ........................................................... .................................................................................................29 4.2 ROADWAY SYSTEM................................................................................. ...................................................................29 4.3 TRAIL SYSTEM AND PEDESTRIAN ACCESS .......................................................................................... ......................31 5 Conservation ................................................................................................................................................... 73 5.1 INTRODUCTION.......................................................................................................................................................... 73 5.2 BIOLOGICAL AND NATURAL RESOURCES................................................................................................................ 73 5.3 GEOLOGIC AND GEOTECHNICAL RESOURCES ...................... ................................................................................. 73 5.4 STORMWATER MANAGEMENT......................................................................................... ....................................... 73 5.5 AIR QUALITY............................................................................................................................................. ..................74 5.6 CULTURAL RESOURCES............................................................................................................................................74 6 Noise.................................................................................................................................................................. 77 7 Safety.................. ...............................................................................................................................................79 8 Public Services & Facilities....................... ....................................................................................................81 8.1 WATER SYSTEM ............................................................................... ...........................................................................81 8.2 WASTEWATER DISPOSAL SYSTEM .......................................................................................... ..................................81 8.3 SOLID WASTE .................................................................................................................................................. ............81 8.4 SCHOOL FACILITIES ....................................................................................................................................................81 8.5 PROJECT UTILITY SYSTEMS ......................................................................................................................................82 8.6 PROJECT LIGHTING ................................................................................................................................................... 83 9 Parks And Open Space.......................... ........................................................................................................89 TABLE OF CONTENTS 4 November 2007 9.1 PUBLIC PARKS..................................................................................................................................................... ........89 9.1.1 Minor Adjustments to Final Park Locations............................................................................................................................................. ................90 9.2 PRIVATE PARKS AND OTHER OPEN SPACE..............................................................................................................93 10 Development Standards ............................................................................................................................... 97 10.1 COMMUNITY DESIGN..................................... ...........................................................................................................97 10.1.1 Design Context.................................................................... ........................................................................................................................................................97 10.1.2 Design Principles.................... ....................................................................................................................................................................................................98 10.2 RESIDENTIAL DEVELOPMENT STANDARDS.............................................................................................................101 10.3 COMMERCIAL DEVELOPMENT STANDARDS........... ...............................................................................................104 10.4 SPECIAL USE DEVELOPMENT STANDARDS ............................................................. ............................................... 105 10.5 ADDITIONAL DEVELOPMENT STANDARDS............................................................................................................. 107 10.5.1 Height of Buildings -Roof Structure, Chimneys and Towers ...........................................................................................................................107 10.5.2 Accessory Buildings............................................................................................................................................................................. ...................................107 10.5.3 Yard Encroachments....................................................................................................................................... .......................................................................107 10.5.4 Drilling For and Production of Petroleum and Gas .................................................................... ........................................................................108 10.5.5 Signs............................................................................................................... ................................................................................................................................. 109 11 Development Phasing .......................................... ......................................................................................... 111 12 Specific Plan Implementation.......................................................................... .......................................... 115 12.1 APPLICABILITY ..................................................................................................................................... ...................... 115 12.2 SEVERABILITY........................................................................................................................................................... .. 115 12.3 INTERPRETATION ...................................................................................................................................................... 115 12.4 AMENDMENTS TO THE SPECIFIC PLAN................................................................................................................... 115 12.5 SUBSTANTIAL CONFORMANCE WITH THE SPECIFIC PLAN..................................................................................116 12.6 REQUIRED ACTIONS TO IMPLEMENT THE PROJECT ............................................ .................................................116 12.6.1 Environmental Impact Report................................................................................................................ .......................................................................... 116 12.6.2 General Plan Amendment .......................................................................................... ......................................................................................................... 116 12.6.3 Approval of Specific Plan......................................................... ............................................................................................................................................ 116 12.6.4 Approval of Zoning ............................ ..................................................................................................................................................................................... 117 12.6.5 Approval of Subdivision Maps ............................................................................................................................................................... .......................... 117 12.6.6 Homeowners Association........................................................................................................................................... ......................................................... 117 12.6.7 Architectural Review Committee ................................................................................................... ................................................................................ 117 12.7 LANDSCAPE MAINTENANCE........................................................................................ ............................................ 118 12.8 DEVELOPMENT AGREEMENT............................................................................................................................ .......119 13 Zoning Regulations ...................................................................................................................................... 121 13.1 GENERAL PURPOSE...................................................................................................................................................121 13.1.1 Application....................... ....................................................................................................................................................................................................... .... 121 13.1.2 References............................................................................................................................................................................. ........................................................ 121 13.1.3 Resolution of Issues............................................................................................................... .................................................................................................. 121 13.1.4 Severability ............................................................................ .....................................................................................................................................................122 13.2 GENERAL PROVISIONS....................... ...................................................................................................................... 122 13.2.1 Zoning Map and Zoning Process........................................ .............................................................................................................................................122 13.2.2 Compliance with Specific Plan.................. .........................................................................................................Plan.......................................................................................... ................................................................................................125 13.2.3 Hierarchy .................................................................................. ...................................................................................................................................................125 13.2.4 Site Plan Approval Process ................................................................................................................................................................................................125 13.2.5 Legal Nonconforming Uses ....................................................................................................................................................................... .........................126 13.2.6 Definitions ....................................................................................................................................................... ............................................................................126 13.3 ZONING DISTRICTS AND PERMITTED USES .............................................................................. ............................ 126 14 Project Financing .......................................................................................................................................... 137 TABLE OF CONTENTS Novem ber 2007 5 14.1 BACKGROUND .................................................................................................................................................... .......137 14.2 PROJECT FINANCING................................................................................................................................................137 14.2.1 Special Assessment Districts........................................................................................................................................................................... .................. 138 14.2.2 Community Facilities Districts........................................................................................................................................... ............................................ 138 14.2.3 Community Services Districts .................................................................................................................. ....................................................................... 138 14.2.4 Landscaping and Lighting Districts.................................................................................. ............................................................................................ 138 14.2.5 Debt Financing ................................................................................ ......................................................................................................................................... 139 14.2.6 Development Agreement............................. ......................................................................................................................................................................... 139 14.2.7 Utility Districts ............................................................................................................................................................................................. .......................... 139 15 Mitigation Monitoring and Reporting Plan ............................................................................................141 LIST OF EXHIBITS EXHIBIT 1-1 – ANNEXATION MAP ........................................................................................................................................ 11 EXHIBIT 1-2 – KERN RIVER PLAN AREA ..............................................................................................................................13 EXHIBIT 2-1-REGIONAL CONTEXT MAP .............................................................................................................................17 EXHIBIT 2-2 -VICINITY MAP.............................................. ..................................................................................................17 EXHIBIT 3-1-GENERAL PLAN LAND USE DESIGNATIONS ................................................... ............................................. 23 EXHIBIT 4-1 -CIRCULATION.............................................................................................................................. .................. 33 EXHIBIT 4-2– ARTERIAL (MING AVENUE) ........................................................................................................................ 35 EXHIBIT 4-3 – ARTERIAL (ALLEN ROAD BETWEEN MING AVENUE & WHITE LANE)............................................... 37 EXHIBIT 4-4 – ARTERIAL (ALLEN ROAD BETWEEN WHITE LANE & PACHECO ROAD) ............................................ 39 EXHIBIT 4-5 – ARTERIAL (WHITE LANE BETWEEN ALLEN ROAD & BUENA VISTA ROAD)...................................... 41 EXHIBIT 4-6 – ARTERIAL (WHITE LANE BETWEEN ALLEN ROAD & BEYOND THE WEST BELTWAY) ....................43 EXHIBIT 4-7 – ARTERIAL (BUENA VISTA ROAD).................................................................... ...........................................45 EXHIBIT 4-8 – COLLECTOR (NO ON STREET PARKING)..................................................................................................47 EXHIBIT 4-9 – COLLECTOR (ON STREET PARKING) ........................................................................................................49 EXHIBIT 4-10 – CITY COLLECTOR .................. .....................................................................................................................51 EXHIBIT 4-11 – LOCAL COLLECTOR (ON STREET PARKING)............................. .............................................................. 53 EXHIBIT 4-12 – TOWN CENTER STREET.................................................................................................... ........................55 EXHIBIT 4-13 – TYPICAL TRAFFIC CIRCLE/ROUNDABOUT.............................................................................................. 57 EXHIBIT 4-14 – RESIDENTIAL LANE....................................................................................................................................59 EXHIBIT 4-15 – RESIDENTIAL LANES AT INTERSECTION ...................................................................................................61 EXHIBIT 4-16 – RESIDENTIAL STREETS (NO PARKING) ................................. .................................................................. 63 EXHIBIT 4-17 – RESIDENTIAL STREETS (PARKING ONE SIDE) ........................................................................... .............65 EXHIBIT 4-18 – RESIDENTIAL STREETS (PARKING ONE SIDE) ........................................................................................ 67 EXHIBIT 4-19 – RESIDENTIAL STREETS (PARKING BOTH SIDES) ....................................................................................69 EXHIBIT 4-20 – TRAILS PLAN......................................................... ......................................................................................71 EXHIBIT 5-1– STORM DRAIN PLAN................................................................................. .................................................... 75 EXHIBIT 8-1 – UTILITY CONCEPT PLAN – WATER..................................................................................................... .......85 EXHIBIT 8-2 – UTILITY CONCEPT PLAN – SEWER ............................................................................................................ 87 EXHIBIT 9-1– PUBLIC OPEN SPACE PLAN ............................................................................................................................91 EXHIBIT 9-2– PRIVATE OPEN SPACE PLAN ................... .....................................................................................................95 EXHIBIT 11-1 – PROJECT PHASING................................................................. ..................................................................... 113 EXHIBIT 13-1 – ZONING MAP.................................................................................................... ..........................................123 TABLE OF CONTENTS 6 November 2007 [This page intentionally left blank] INTRODUCTION Novem ber 2007 7 1 INTRODUCTION 1.1 PURPOSE The objectives of the West Ming Specific Plan are to create a high quality, master planned community which provides needed housing stock and commercial and industrial services for the rapidly growing population of the Bakersfield community and which provides jobs and economic opportunities in a manner consistent with the goals and policies of the Metropolitan Bakersfield General Plan. While meeting these objectives, this Specific Plan seeks to direct orderly growth in, and provide adequate levels of service to the Specific Plan area while also addressing public concerns relating to traffic and circulation, noise, public safety, air quality, and other issues arising from new development. 1.2 THE VISION The new community proposed by the West Ming Specific Plan is based on a strong emphasis of good stewardship, self-governance, attention to design detail, and faithful execution of the vision. A key aspect of the planning envisions a community with a system of open space, parks, water elements, recreation areas and community facilities. This vision is embodied in a plan for a community where emphasis is placed on open space, architectural diversity, pedestrian opportunities and distinct neighborhoods developed in a coordinated, master planned manner so that each element complements other elements of the plan. 1.3 SITE BACKGROUND The 2,182 acre project area bounded by Buena Vista Road, White Lane, Allen Road and the Union Pacific Railroad is presently within the boundaries of the City of Bakersfield. The remainder of the project requires annexation into the City. The area to be annexed is shown in Exhibit 1-1. Upon annexation, the Specific Plan will serve as the governing planning document for the entire project area as well as providing the zoning designations and development standards. The City’s General Plan map will be amended to identify this area as the West Ming Specific Plan and land use designations as set forth in this Specific Plan area will be shown. 1.4 PLANNING AUTHORITY The West Ming Specific Plan has been prepared in conformance with the State of California Government Code Section 65450 et seq., the California Environmental Quality Act (CEQA), the Metropolitan Bakersfield General Plan, and all other applicable codes and ordinances of the City of Bakersfield. 1.5 CEQA REQUIREMENTS To comply with the California Environmental Quality Act (CEQA) an Environmental Impact Report (EIR) has been prepared for the Specific Plan. INTRODUCTION 8 November 2007 Later projects which are consistent with and implement the Specific Plan (such as subdivision maps) and which fall “within the scope” of the project analyzed in the EIR should require no further environmental action. Accordingly, pursuant to Government Code Section 65457, it is anticipated that no additional EIR or negative declaration will be required for “any residential project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan.” The Specific Plan was approved with a Mitigation Monitoring and Reporting Plan, which is located at the end of this document, in Section 15. 1.6 CONSISTENCY WITH THE GENERAL PLAN The West Ming Specific Plan serves as the planning tool for the implementation of the Metropolitan Bakersfield General Plan. The Specific Plan was developed based on guiding principles set forth in the Metropolitan Bakersfield General Plan and is in compliance with provisions of the General Plan. Upon adoption of the West Ming Specific Plan, the Metropolitan Bakersfield General Plan Land Use Map will be revised to designate the project area as the West Ming Specific Plan. Refer to Chapter 3 Land Use for a detailed discussion of the Specific Plan General Plan land use designations. 1.7 CONSISTENCY WITH THE KERN RIVER PLAN ELEMENT A portion of the northwestern area of the West Ming Specific Plan, generally north of the Kern River Canal, is within the Kern River Plan boundaries. All new development and accessory uses within the boundaries of the Kern River Plan shall be subject to all applicable policies and implementation measures of the Kern River Plan Element. Exhibit 1-2, Kern River Plan Boundaries, shows the portion of the Specific Plan that is within the Kern River Plan boundaries. 1.8 SPECIFIC PLAN REQUIREMENTS Section 65450 et seq. of the Government Code sets forth basic requirements and provisions for Specific Plans. Section 65451 of the Government Code requires that specific plans include text and a diagram or diagrams that specify all of the following: 􀂃 The distribution, location and the extent of the uses of land, including open space within the area covered by the plan. 􀂃 The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. 􀂃 Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. INTRODUCTION Novem ber 2007 9 􀂃 A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the first three paragraphs. 􀂃 A statement of the relationship of the specific plan to the general plan. The West Ming Specific Plan has been developed in accordance with these provisions. INTRODUCTION 10 November 2007 [This page intentionally left blank] INTRODUCTION Novem ber 2007 11 Insert Exhibit 1-1 – Annexation Map INTRODUCTION 12 November 2007 [This page intentionally left blank] INTRODUCTION Novem ber 2007 13 Insert Exhibit 1-2 – Kern River Plan Area INTRODUCTION 14 November 2007 [This page intentionally left blank] PROJECT DESCRIPTION Novem ber 2007 15 2 Project Description 2.1 LOCATION The West Ming Specific Plan is located in the southwestern portion of the City of Bakersfield and west of Buena Vista Road. It is bordered by Pacheco Road and the railroad on the south and Ming Avenue on the north. The westerly boundary generally follows the alignment of the future West Beltway. The Specific Plan area is approximately 2,182 acres and includes portions of sections 10 and 15 east of the proposed West Beltway alignment, and all of sections 11, 13 & 14, T30S, R26E, MDBM in southwest Metropolitan Bakersfield. The entire width of the proposed West Beltway along the west boundary of the Specific Plan area is included within the Specific Plan boundary. Exhibit 2-1 is a Regional Context Map showing the location of the West Ming Specific Plan and Exhibit 2-2 is a Vicinity Map. 2.2 SURROUNDING LAND USES The site is bordered by agricultural land to the west and newer residential development to the east. To the south, the project is bordered by agricultural land and the McAllister Ranch development project. To the north and west are portions of the City of Bakersfield water recharge area and basins, and existing agricultural water wells are to the west. These recharge areas and basins are owned and operated by the City of Bakersfield, Kern County Water Agency, and Kern County Water Bank. The primary crops grown in the area are carrots, potatoes, garlic and corn. The Kern River corridor is near the site to the north. Water recharge basins that are located to the west of the project extend to the proposed West Beltway. Portions of the northwest corner and northern boundary of the Specific Plan area lie within the secondary flood plain of the Kern River. 2.3 PHYSICAL CHARACTERISTICS The site is generally flat with a slope to the southwest and towards the Kern River. The current primary land use within the project area is agriculture. Production oil wells exist in the central and southeast portions of the project. PROJECT DESCRIPTION 16 November 2007 [This page intentionally left blank] PROJECT DESCRIPTION Novem ber 2007 17 Insert Exhibit 2-1-Regional Context Map Exhibit 2-2 -Vicinity Map PROJECT DESCRIPTION 18 November 2007 [This page intentionally left blank] PROJECT DESCRIPTION Novem ber 2007 19 2.4 PROJECT SUMMARY The proposed project is a comprehensive plan for a high quality, master planned community in the southwestern portion of the City of Bakersfield and west of Buena Vista Road. The master plan includes a maximum of 7,450 residential units, 478,880 square feet of commercial (including office, service, and retail), 331,200 square feet of town center commercial and mixed use (including office, service, and retail), 1,135,000 square feet of special uses (as allowed within the Special Use District by this Specific Plan), four elementary schools and a junior high school, and 56 acres of public parks. The project includes a request for approval of a General Plan Amendment and adoption of a Specific Plan. In addition the project includes a request for annexation of portions of the project not currently within the existing City boundary. A Development Agreement is being processed concurrently with the Specific Plan. Land uses and approximate acreages are shown on Table 2.1: TABLE 2.1 CONCEPTUAL LAND USE SUMMARY LAND USE GROSS ACRES Town Center Commercial and Mixed Use 63 Schools 69 Public Parks 56 Arterial and Collector Streets, West Beltway, canal 213 Commercial 50 Special Uses 222.5 Residential Uses, including Private Parks, Lakes Recreation Facilities and other open space. 1503.5 Total 2177 PROJECT DESCRIPTION 20 November 2007 [This page intentionally left blank] LAND USE Novem ber 2007 21 3 LAND USE 3.1 VILLAGES Villages are established as the preferable increments of growth and an effective way to organize the overall project design. The Specific Plan will be developed with six residential villages surrounding the Village Center District. The boundaries of the village areas are depicted in Exhibit 3-1. The Village Center District will function as the activity center of the Specific Plan containing retail commercial, offices, and higher density residential uses. Important community service and recreational amenities for the entire development are located in this area. The Town Center (TC) area will function as the core of the Village Center and will be a mixed use zone with opportunities for higher density residential uses intermixed with or above the commercial uses. Live/work opportunities are provided for in this area. The six villages (A through F) surrounding the Village Center District contain varying densities of residential development. These villages support and are provided services by the Village Center. All of the villages will be interconnected by trails and will contain open space and recreational opportunities. A Special Use District located adjacent to the Union Pacific Railroad in the southeastern portion of the Specific Plan will provide for the more intense commercial and light industrial uses along with the existing oil drilling and pumping sites. No residential development is planned for this district. 3.2 RELATIONSHIP TO THE METROPOLITAN BAKERSFIELD GENERAL PLAN The Metropolitan Bakersfield General Plan recognizes that land use designations used in specific plans may not match those land use designations set forth in the General Plan.1 Furthermore, the Metropolitan Bakersfield General Plan states that: To determine exact land use designations within presently existing, or any subsequently adopted, specific plans, it is necessary to refer to those adopted documents2. 1 Page II-5 of the Metropolitan Bakersfield General Plan, states that “Adopted city and county specific plans are provided for on the Land Use Plan Map. Where this plan's land use designations do not reflect precisely the specific plan designations, they do approximate the specific plan designations. For example, this plan's "WM-LR" designation (1-7.25 DU/net acre) approximates the Kern River Plan's 5.35 designation (maximum 7.25 du/net acre).” 2 Page I-6, Metropolitan Bakersfield General Plan LAND USE 22 November 2007 Therefore, upon approval of this Specific Plan, the Metropolitan Bakersfield General Plan Land Use Map was amended to designate the plan area as the West Ming Specific Plan and the exact land use designations are provided in Section 3.3 of the West Ming Specific Plan. 3.3 WEST MING SPECIFIC PLAN GENERAL PLAN LAND USE DESIGNATIONS The land use designations for the West Ming Specific Plan are depicted on Exhibit 3-1 and are described as follows: WM-LR – West Ming Low Density Residential (WM-LR-less than or equal to 7.25 dwelling units/net acre): Single-family detached and attached housing, including townhomes, typical of tract developments and may include parks, water elements, and churches. This designation is within the Kern River Plan boundaries, as illustrated in Exhibit 1-2. The maximum density of the WM-LR designation is consistent with the 5.35 residential land use designation of the Kern River Plan, which also allows up to 7.25 dwelling units /net acre. WM-LMR – West Ming Low Low Medium Density Residential (WM-LMR-less than or equal to 10.0 dwelling units/net acre). Single-family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small multiple-family structures, such as triplexes, which require a full array of urban services and may include parks, water elements, and churches. WM-HMR – West Ming High Medium Density Residential (HMR-less than or equal to 17.42 dwelling units/net acre). Single-family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small to large multiple-family structures, which require a full array of urban services and may include parks, water elements, and churches. WM-HR – West Ming High Density Residential (WM-HR-less than or equal to 72.6 dwelling units/net acre): Single-family detached and attached housing, including townhomes, duplexes, zero lot line developments, and small to large multiple-family structures. Primarily composed of large multiple-family structures, such as apartment, apartment hotels, and condominiums and may include parks, water elements, and churches. WM-GC – West Ming General Commercial (WM-GC-max. 1.0 FAR, 4 stories): Retail and service facilities providing a broad range of goods and services which serve the day-to-day needs of nearby residents. WM-OC – West Ming Office Commercial (WM-OC-max. 1.0 FAR, 4 stories): Business and professional office uses, and specialty retail. LAND USE Novem ber 2007 23 Insert Exhibit 3-1-General Plan Land Use Designations LAND USE 24 November 2007 [This page intentionally left blank] LAND USE Novem ber 2007 25 WM-MU – West Ming Mixed Use (WM-MU-max. 3.0 FAR): Major commercial centers combining professional office, major retail and commercial support services. This designation provides for intensive development, characteristic of a commercial center within the city. It also provides the opportunity for integration of medium and high density residential uses in conjunction with commercial activities in order to create an active street life, enhance personal safety by ensuring the presence of people in the streets at different times, and promote the viability of businesses. It may include parks and water elements. WM-SU – West Ming Special Use (WM-SU): This is a combining land use designation, unique to this Specific Plan. It combines the following land use designations as described in the Metropolitan Bakersfield General Plan: 􀂃 Light Industrial (LI). 􀂃 Mineral and Petroleum (R-MP). 􀂃 Public Facilities (P). 􀂃 Open Space (OS). 􀂃 Open Space Parks (OS-P). 􀂃 Public Transportation (PT). 􀂃 Office (OC). The WM-SU designation allows for a variety of land uses as permitted by Table 13.2 in this Specific Plan. 3.4 DENSITY AVERAGING Residential densities for the West Ming land use designations are calculated by using the net acreage for each land use designation, in each village. Individual developments may exceed the maximum allowable net density as long as the maximum allowable number of units is not exceeded for the village. To ensure that development is balanced as the project is phased over time and to implement this provision, the following implementation measures shall apply: Implementation Measure L-1: At such time that tentative subdivision map approvals reach 75 percent of the total area of a village, the developer shall provide a Conceptual Lotting Plan to the City of Bakersfield Planning Department. The Conceptual Lotting Plan must depict conceptual buildout of the remaining vacant area of the village and must meet the LAND USE 26 November 2007 allowable densities for the village3. The Conceptual Lotting Plan must also include a summary table which provides the number of existing and proposed units and a comparison to the dwelling unit limits for the village provided in Table 3.1. Implementation Measure L-2: At such time that tentative subdivision map approvals reach 75 percent of the total area of a village, no subsequent subdivision applications submitted for the village shall be deemed complete until a Conceptual Lotting Plan is submitted to the Planning Department. Implementation Measure L-3: As part of the annual report submitted to the City of Bakersfield Planning Department, the developer shall provide a detailed dwelling unit count for all villages and a comparison to the dwelling unit limits for the village provided in Table 3.1. 3.5 DWELLING UNIT LIMITATION An important concept of the Specific Plan is flexibility. To allow for flexibility but to ensure that a balance of units is constructed within each village, each village, including the Village Center, has been assigned a minimum and maximum number of residential units. The lower end achieves this balance by requiring that a minimum number of units be constructed within each village. The flexibility is provided by the upper end of the range which represents the maximum number of residential units that may be developed within each village. However, the maximum number of units cannot be constructed in all villages4. The maximum number of units developed in the entire Specific Plan area may not exceed 7,450 and all residential development must be in compliance with the zoning shown on Exhibit 13-1 and described in the Specific Plan. Allowing the flexibility to increase and decrease units within the range presented in Table 3.1 provides for flexibility to meet market demands. At the same time, the range and the limit on the total number of units will preserve the village concept and residential densities planned for the villages. The dwelling unit ranges for each village are such that the maximum density allowed for the General Plan Land Use Designation for each village will not be exceeded and by providing a minimum number of units, a minimum density is required. Implementation Measure L-4 The project applicant shall be responsible for submitting a table monitoring this provision at the time each tentative subdivision map is submitted to the City of Bakersfield Planning Department. The monitoring table shall contain at a minimum, the number of dwelling units for the subdivision(s), by village, and the remaining 3 The residential densities shall be calculated by the gross acreage for each land use designation in each village and meet the densities described in Section 3.3 of this Specific Plan. 4 If the maximum number of units is constructed in a village or villages, the number of units in another village or villages must be adjusted so as not exceed a total of 7,450 units for the entire project. LAND USE Novem ber 2007 27 number of dwelling units for that village. The number of dwelling units shall also be monitored on an annual basis in accordance with the provisions of Section 3.4. TABLE 3.1 DWELLING UNITS 3.6 LIMITATION ON COMMERCIAL AREAS Commercial uses within the West Ming Specific Plan are limited to a maximum number of square feet for each of the main commercial land use classifications. The following table provides the maximum square feet for each commercial land use designation(s): TABLE 3.2 COMMERCIAL AREA Implementation Measure L-5 The project applicant shall be responsible for submitting a table monitoring this provision at the time each tentative subdivision map is submitted to the City of Bakersfield Planning Department. The monitoring table shall contain at a minimum, the number of square feet for the subdivision(s), and the remaining number of square feet for that land use designation. VILLAGE Gross DWELLING UNIT RANGE Acres MINIMUM MAXIMUM Village A 448 800 1403 Village B 171 300 598 Village C 173 300 740 Village D 225 400 995 Village E 157 250 652 Village F 403 700 1995 Village Center 385 700 2,323 Total 1962* Total Dwelling Units Not to exceed 7,450 *Note: The total acreage does not include the Special Use District (220 acres). Land Use Designation Maximum Square Feet WM-GC WM-OC 478,880 SF WM-MU 331,200 SF WM-SU 1,135,000 SF LAND USE 28 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 29 4 CIRCULATION 4.1 THE CONCEPT The circulation system complements the land use plan and implements concepts of Traditional Neighborhood Development. The circulation system consists of roadways, trails, and pedestrian access designed to facilitate attractive, pedestrian-friendly neighborhoods. Traditional Neighborhood Development concepts including narrower streets, shorter blocks, canopy street trees, roundabouts, neck downs and chokers are utilized to calm traffic and achieve this vision. Reducing street widths reduces heat gain and overall ambient temperatures in the community resulting in environmental benefits through energy conservation and reduction of air pollution. Construction and maintenance costs are also reduced, resulting in more affordable neighborhoods. The use of roundabouts also benefits the environment by reducing air pollution through improved vehicular circulation. Roundabouts also provide opportunities for unique landscaping and aesthetic treatments and improved pedestrian circulation. The trail system will provide access to the various elements of the community, including the Town Center, parks, and local schools. These design elements have been incorporated in the Circulation Plan, proposed Street Sections, Trails Plan and the Development Standards in this Specific Plan. 4.2 ROADWAY SYSTEM The backbone roadway system for West Ming includes both off-site and on-site public streets. Exhibit 4-1, Circulation Plan, depicts this backbone system which consists of arterials, collectors, city collectors, local collectors, town center streets, and roundabouts. Exhibits 4-2 through 4-13 provide design details for each of these roadways5. In addition, the future West Beltway is located along a portion of the westerly boundary of the Specific Plan along Village A and separates Villages D and E. Rightof-way for the West Beltway is preserved in the Specific Plan as shown on the Circulation Plan. In accordance with the City’s adopted Circulation Element, Ming Avenue is not proposed to connect to the West Beltway within the boundaries of the project area. Ming Avenue will terminate at the West Beltway outside the project area with an interchange that will only provide access to and from the West Beltway. 5 If a deviation from the City’s standard street sections is not included in this Specific Plan, it will be requested separately with the subdivision. If the deviation is not requested at subdivision, the City standard shall apply. CIRCULATION 30 November 2007 White Lane is proposed to connect at an interchange with the West Beltway and extend just beyond the West Beltway, terminating prior to reaching Pacheco Road. A potential location for a future light rail station is also provided in the Circulation Plan at the southern boundary of the project adjacent to Allen Road and the Union Pacific Rail Road Line. This location has been reserved as requested by the City. Details such as size, dedication and/or reservation timelines, etc. will be provided through future collaboration with the City. Additional interior circulation is provided by residential streets. Exhibits 4-14 through 4-19 provide design details for each of the residential streets. The residential streets are designed to create pedestrian-friendly neighborhoods and to enhance safety through traffic calming. Rear access to residential uses through the use of private lanes will be utilized for certain residential products. This eliminates the dominance of garages along the residential streets. The interior roadway system (streets not included in the Circulation Plan) may be a combination of public and private streets, subject to City approval. The use of private streets is a matter directly related to the economic viability of phases of the Specific Plan to be developed in the future, and may be related to then-existing economic, cultural, environmental, or other conditions. Implementation Measure C-1 All public streets shall be constructed by the developer in conformance with the Circulation Plan and street section exhibits provided in the Specific Plan. Implementation Measure C-2 Interior streets, not included in the Circulation Plan, will be designed by the developer and approved by the City with subsequent tentative subdivision maps. Residential streets shall be constructed by the developer in conformance with the residential street sections provided in the Specific Plan. Implementation Measure C-3 All residential lanes developed in the project shall be private. Implementation Measure C-4 Private streets and lanes will be maintained by a homeowner’s association(s) or other private entity as approved by the City at subdivision. Implementation Measure C-5 The use of access gates on private streets is allowed. CIRCULATION Novem ber 2007 31 4.3 TRAIL SYSTEM AND PEDESTRIAN ACCESS Bicycle and pedestrian access throughout the project area is an important element in the design concept for the Specific Plan. The trails provide for alternative transportation and recreational opportunities. Exhibit 4-20 depicts the multipurpose trail system for the project area. Most of the trails are located within the right of way of major streets and are incorporated in the street section exhibits (see Exhibits 4-2 to 4-13). However, a key trail segment will be provided through a major open space element that traverses the project site. All project trails shown on the Trails Plan will be ten feet wide and constructed of concrete or asphalt. Two trail under-crossings will be constructed at White Lane and Allen Road as shown on Exhibit 4-20. A connection to the City of Bakersfield Kern River Bicycle Trail will be provided. Additional neighborhood trails providing bicycle and pedestrian connection to parks, schools, water elements and commercial areas will be provided and are an important element of the more "walkable" community concept. The design and location of these trails will be finalized during the subdivision process. Implementation Measure C-6 The developer shall construct all trails. Trails located within rights-of-way will be constructed at the time associated street improvements are made. Implementation Measure C-7 Street improvements plans shall be reviewed by the City to ensure that trails are designed to provide connectivity with existing and future trail segments. Implementation Measure C-8 The major trail segment through the open space element will be constructed in conjunction with improvements to the surrounding area. Implementation Measure C-9 The connection to the City of Bakersfield Kern River Bicycle Trail will be constructed by the developer in conjunction with improvements to the surrounding area. The trail connection will be constructed to a width of approximately twelve feet and in accordance with standards as approved by the City of Bakersfield. Implementation Measure C-10 On-street trails will be maintained by the City or private entity as determined by the classification of the street as private or public. Trails located within open space or parks will be maintained by the same maintenance entity that is responsible for maintenance of that park or open space area and will be determined at subdivision approval. CIRCULATION 32 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 33 Insert Exhibit 4-1 -Circulation CIRCULATION 34 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 35 Insert Exhibit 4-2– Arterial (Ming Avenue) CIRCULATION 36 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 37 Insert Exhibit 4-3 – Arterial (Allen Road Between Ming Avenue & White Lane) CIRCULATION 38 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 39 Insert Exhibit 4-4 – Arterial (Allen Road Between White Lane & Pacheco Road) CIRCULATION 40 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 41 Insert Exhibit 4-5 – Arterial (White Lane Between Allen Road & Buena Vista Road) CIRCULATION 42 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 43 Insert Exhibit 4-6 – Arterial (White Lane Between Allen Road & Beyond the West Beltway) CIRCULATION 44 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 45 Insert Exhibit 4-7 – Arterial (Buena Vista Road) CIRCULATION 46 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 47 Insert Exhibit 4-8 – Collector (No On Street Parking) CIRCULATION 48 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 49 Insert Exhibit 4-9 – Collector (On Street Parking) CIRCULATION 50 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 51 Insert Exhibit 4-10 – City Collector CIRCULATION 52 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 53 Insert Exhibit 4-11 – Local Collector (On Street Parking) CIRCULATION 54 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 55 Insert Exhibit 4-12 – Town Center Street CIRCULATION 56 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 57 Insert Exhibit 4-13 – Typical Traffic Circle/Roundabout CIRCULATION 58 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 59 Insert Exhibit 4-14 – Residential Lane CIRCULATION 60 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 61 Insert Exhibit 4-15 – Residential Lanes at Intersection CIRCULATION 62 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 63 Insert Exhibit 4-16 – Residential Streets (No Parking) CIRCULATION 64 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 65 Insert Exhibit 4-17 – Residential Streets (Parking One Side) CIRCULATION 66 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 67 Insert Exhibit 4-18 – Residential Streets (Parking One Side) CIRCULATION 68 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 69 Insert Exhibit 4-19 – Residential Streets (Parking Both Sides) CIRCULATION 70 November 2007 [This page intentionally left blank] CIRCULATION Novem ber 2007 71 Insert Exhibit 4-20 – Trails Plan CIRCULATION 72 November 2007 [This page intentionally left blank] CONSERVATION Novem ber 2007 73 5 CONSERVATION 5.1 INTRODUCTION This section provides an overview of project site resources and management. The West Ming Specific Plan is consistent with the standards and policies contained within the Metropolitan Bakersfield General Plan Conservation Element. Unique conservation standards are not included in this Specific Plan. Additional environmental details, including findings or conclusions related to environmental issues are included in the Environmental Impact Report for this project. 5.2 BIOLOGICAL AND NATURAL RESOURCES The site has been farmed for many years border to border with crops of corn, garlic, carrots, and onions. A few scattered oil field operations exist in the central and southern portions of the site. The development of this site will not result in the loss of any undisturbed native habitat, any riparian habitat, or any wetlands habitat. The project site is within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) boundaries. 5.3 GEOLOGIC AND GEOTECHNICAL RESOURCES The site is located in an area with only gentle slopes across the site. No bedrock outcrops are present within one mile of the site. The project applicant conducted a geological hazards study during project design. An extension of the Kern River levee is a part of this project and will minimize the potential for flooding. Investigations indicate that it is likely that no significant areas of highly expansive soil will be encountered. 5.4 STORMWATER MANAGEMENT The storm drain system will be designed to protect structures and facilities within the Specific Plan area and downstream receptors. As phases of the project are developed, the storm drain collection system will be constructed to its master plan configuration, with all required inlets and ultimate pipe sizes. Interim construction of temporary retention or detention facilities will be allowed when construction of the ultimate collection system has not been completed and is outside of the phase boundaries. It is anticipated that storm water will drain through water elements and will be disposed of in the Kern River Canal as approved by the City of Bakersfield. Exhibit 5-1 shows the conceptual drainage plan. CONSERVATION 74 November 2007 5.5 AIR QUALITY The project will have an extensive system of bicycle lanes and routes, and pedestrian walking and hiking trails to encourage travel by other than motorized vehicles within the project area. Design concepts embodied in the land use plan encourage walking and alternative modes of transportation. Residential areas are designed so that dwelling units are within a reasonable walking distance from neighborhood facilities. This encourages the neighborhood concept as well as reducing air quality impacts through the reduced use of motorized vehicles. The number of cul-de-sacs incorporated into the circulation system is kept at a minimum to encourage pedestrian and bicycle usage and to reduce motorized vehicle emissions by providing more direct vehicle routes. Vehicle emissions are further reduced by the extensive use of roundabouts instead of traffic signals throughout the project. Additionally, street trees and parks and landscaping assist in the reduction of air quality impacts. Additional programs/design elements that will further reduce air quality impacts include implementation of dust abatement measures for construction activities. Implementation Measure C-1 Bicycle racks/facilities will be provided at recreation areas, commercial areas and employment centers to encourage bicycle usage. 5.6 CULTURAL RESOURCES The project site has been extensively farmed. Should paleontological or architectural resources be encountered during construction activities, standard mitigation will be immediately implemented. Should human remains be discovered, work shall halt and the coroner shall be notified immediately (§7050.5 of the Health & Safety Code). CONSERVATION Novem ber 2007 75 Insert Exhibit 5-1– Storm Drain Plan CONSERVATION 76 November 2007 [This page intentionally left blank] NOISE Novem ber 2007 77 6 NOISE The project site is mostly vacant and used for agricultural purposes with some oil extraction facilities in the central and southern portion of the project. The only significant source of existing noise in the project vicinity is traffic on local roads and the railroad on the southern boundary. The siting of development will take into account noise and noise attenuation. The location of land uses and sensitive receptors, including single family residential uses, will be reviewed and approved by the City for compliance with City and State requirements. Noise exposure for new construction will be reduced, if necessary, to comply with City and State requirements by measures such as the following: 􀂃 Use of setbacks 􀂃 Use of barriers 􀂃 Site design 􀂃 Building design -use of double paned windows and the physical design of the building. Noise standards will be consistent with the provisions contained within the Noise Element of the Metropolitan Bakersfield General Plan. Unique noise standards are not included in the West Ming Specific Plan. Additional details regarding environmental noise issues are addressed in the EIR. NOISE 78 November 2007 [This page intentionally left blank] SAFETY Novem ber 2007 79 7 SAFETY The West Ming Specific Plan is consistent with the standards and policies contained within the Metropolitan Bakersfield General Plan Safety Element. Unique safety standards are not included in the Specific Plan. Law Enforcement Law enforcement for the Specific Plan area will be provided by the City of Bakersfield Police Department. Additional technical details related to law enforcement are provided in the EIR. Fire Protection The City of Bakersfield Fire Department provides fire protection, fire prevention services, emergency medical (first responder) and rescue services, arson investigation, and hazardous material coordination. The City of Bakersfield and Kern County maintain a Joint Powers Agreement that determines agency functions within the Metropolitan Bakersfield area. This agreement provides for the closest station response concept. City Fire Station No. 15 has the responsibility for the “first response” emergency services for the project site and is supported by City Fire Station No. 9 in the event it is necessary. All development within the project area will comply with the requirements of the Fire Department. The water supply system will be designed to meet Fire Department requirements. Additional technical details related to fire protection are provided in the EIR. Seismic and Flood The West Ming Specific Plan is consistent with the seismic and flood standards contained within the Metropolitan Bakersfield General Plan to ensure the health, safety and general welfare of the public. Additional technical details related to seismic and flood safety issues are provided in the EIR. SAFETY 80 November 2007 [This page intentionally left blank] PUBLIC SERVICES & FACILITIES Novem ber 2007 81 8 PUBLIC SERVICES & FACILITIES The West Ming Specific Plan area will have a public facility system that complements and enhances the vision and design objectives of the project and that will attract the appropriate market. All facilities will be developed to the required industry standards of the service provider and as required by the applicable government standards. The project developer has worked with the appropriate jurisdictions and service providers to provide the public facilities and infrastructure at the level appropriate for the project. The project developer intends to continue this process as the project moves forward. 8.1 WATER SYSTEM Potable water for the project will be provided by the City of Bakersfield. The Conceptual Water Plan is shown on Exhibit 8-1. This is the "backbone" system for the entire project and is one of the key factors in establishing the project phasing. Implementation Measure PS-1 All in-tract water distribution facilities will be shown on subdivision maps and will be designed and constructed in accordance with City of Bakersfield requirements. 8.2 WASTEWATER DISPOSAL SYSTEM Sewer service is provided by the City of Bakersfield. The Conceptual Sewer Master Plan is shown on Exhibit 8-2. This is the "backbone" system for the entire project and is also one of the key factors in establishing the project phasing. Implementation Measure PS-2 All in-tract portions of the collection system will be shown on subdivision maps and will be designed and constructed in accordance with City of Bakersfield requirements. 8.3 SOLID WASTE All residential solid waste within the project area will be picked up curbside. All other waste will be picked up in accordance with City policies and procedures. The project does not include any major solid waste disposal components requiring exhibits. 8.4 SCHOOL FACILITIES The West Ming Specific Plan is in the Panama-Buena Vista Union School District for elementary schools (grades K-6) and junior high schools (grades 7-8) and the Kern High School District for high schools. Four elementary schools and one junior high PUBLIC SERVICES & FACILITIES 82 November 2007 school are planned for within the Specific Plan area. High school students from the Specific Plan area will attend Kern High School District facilities outside the project area. Five schools are conceptually located in residential neighborhoods within the Specific Plan area and are anticipated to be approximately 13-14 acres in size and in some cases connected to the project trail system, allowing for easy bicycle and pedestrian access. The West Ming Specific Plan land use summary accommodates approximately 69 acres for future school sites. However, offsite school sites and facilities may be utilized in lieu of onsite school sites and facilities where available and appropriate. The exact school site locations and exact sizes are not yet determined and will be located in consultation with the School District. Implementation Measure PS-3 Prior to approval of the first subdivision map, the developer shall provide the City of Bakersfield with an acknowledgement letter signed by the school district stating that the developer is working with the school district to identify appropriate school sites for new facilities within the plan area. Implementation Measure PS-4 Development within the project area is subject to the payment of school fees at the time of building permit issuance in accordance with fees authorized under applicable laws except as otherwise provided for in a separate agreement with the school district. 8.5 PROJECT UTILITY SYSTEMS All utility lines within the project area will be underground and will be incorporated within the street right-of-way or within utility easements on private property, except for certain high-voltage lines traversing the project area. The project does not include any utility system major components requiring exhibits. Electric Power Electric power will be provided by Pacific Gas & Electric (PG&E). Natural Gas Natural gas will be provided by Pacific Gas & Electric (PG&E) and Southern California Gas. Telephone and Internet Telephone and internet infrastructure and service will be provided and will be installed along with the other utilities. Cable Television Cable television service will be provided and will be installed along with the other utilities. PUBLIC SERVICES & FACILITIES Novem ber 2007 83 Implementation Measure PS-5 To the extent feasible, all underground utilities will be installed at the same time the street or other improvements are being constructed. 8.6 PROJECT LIGHTING Project lighting is extremely important to ensure an overall cohesiveness to the community theme. Lighting location and design must complement community design elements such as landscaping, signage and monumentation as well as enhancing public safety. Implementation Measure PS -6 The developer/project applicant will install street lighting in accordance with City policy and will dedicate them to the City or applicable homeowner’s association(s). Street lights within public right-of-way will be maintained and operated by the City. Street lights outside of the public right-of-way will be maintained and operated by the HOA. Implementation Measure PS-7 Specific lighting design and standards, including commercial and industrial project lighting will be shown on subsequent tentative subdivision maps and/or improvement plans and are subject to approval by the City of Bakersfield. PUBLIC SERVICES & FACILITIES 84 November 2007 [This page intentionally left blank] PUBLIC SERVICES & FACILITIES Novem ber 2007 85 Insert Exhibit 8-1 – Utility Concept Plan – Water PUBLIC SERVICES & FACILITIES 86 November 2007 [This page intentionally left blank] PUBLIC SERVICES & FACILITIES Novem ber 2007 87 Insert Exhibit 8-2 – Utility Concept Plan – Sewer PUBLIC SERVICES & FACILITIES 88 November 2007 [This page intentionally left blank] PARKS AND OPEN SPACE Novem ber 2007 89 9 PARKS AND OPEN SPACE Parks, Open Space, and recreation facilities are very important elements in the West Ming Specific Plan. The parks and open space include water elements, open space areas, parks of various sizes, and trails. The West Ming development will provide public and private parks, open space, and water elements. Residential areas will include features such as water elements, "pocket parks", and green strips to be determined by the developer at the time of subdivision mapping. These public and private parks, water elements, and "green strip" open space areas, provide park area significantly in excess of all City requirements. Implementation Measure P-1 All park and open space areas will be improved by the developer. 9.1 PUBLIC PARKS A minimum of 56 acres of public park area will be provided for the West Ming project. Public parks will be provided in accordance with the acreages and general locations established by the Public Open Space Plan (Exhibit 9-1). The final locations and sizes of the public parks will be determined at subdivision approval. However, the location and sizes of the individual parks must meet the general parameters established by the following provisions and the Open Space Plan. Public Parks will be provided within Villages A, C, D, E and F. These parks must be a minimum of six (6) acres in size but may be sized greater than six (6) acres in order to provide a total of 56 acres of public park area. Typical amenities include bathrooms, tot lots, courts with no sport lighting, water elements, trails, shade structures, landscaped areas, and/or other park or open space elements, or combinations thereof. An Active Park will be provided in Village B and will be a minimum of 15 acres in size. The Active Park will count toward the total public park acreage requirement and may be sized greater than 15 acres. This park will be primarily used for active, organized sports to be determined in consultation with the developer and the City. Public parks will be improved by the developer and will be dedicated to the City. The exact locations and sizes of the individual public parks will be determined at subdivision approval. However, unless otherwise approved by the City of Bakersfield, these parks must be located and sized in accordance with the Open Space Plan. To meet the 56 acre total public park requirement, one or more of the public parks must exceed the minimum size requirements. The following provisions have been PARKS AND OPEN SPACE 90 November 2007 established to ensure that the public park requirement is met and to provide a mechanism for monitoring construction timing. Implementation Measure P-2 Public parks will be dedicated to the City. The exact locations and sizes of the individual public parks will be determined at each applicable subdivision approval. Unless otherwise approved by the City of Bakersfield, the public parks must be located and sized in accordance with the Open Space Plan and/or in accordance with the provisions of Section 9.1.1. Implementation Measure P-3 The developer shall submit a table that monitors the public park acreage provided with each applicable tentative subdivision map. The monitoring table shall require at a minimum, the total acreage of public park area provided in the village(s) and the remaining acreage necessary to reach the 56 acre total. Implementation Measure P-4 Public park improvements within the individual villages shall be completed on or before the time approximately approximately sixty percent of the area within a village has been approved for tentative subdivision. The area of each village is defined in Table 3.1. This provision shall be monitored by the developer through the annual progress report required by the Development Agreement. Implementation Measure P-5 Subject to approval by the City of Bakersfield, the developer may propose to have the public park areas maintained by the homeowner’s association and/or maintenance district. 9.1.1 Minor Adjustments to Final Park Locations The public parks shall be located within the Villages indicated by the Open Space Plan. Minor adjustments to the final park locations are subject to review and approval by the Planning Director or his/her designee and the Parks Director or his/her designee. Minor adjustments to final park locations do not require an amendment to the Specific Plan but must meet the following criteria: 􀂃 The park must be centrally located within the village and adjacent to a collector street to ensure it is easily accessible to the area it is intended to serve. A central location can be near or adjacent to a village boundary if it is located in such a way that it also serves the adjacent village. 􀂃 Minor adjustments to the locations of the public parks within a village will be considered if the change will continue to provide a logical location for the park, as determined by factors such as accessibility and more functional boundaries with the surrounding residential area or PARKS AND OPEN SPACE Novem ber 2007 91 Insert Exhibit 9-1– Public Open Space Plan PARKS AND OPEN SPACE 92 November 2007 [This page intentionally left blank] PARKS AND OPEN SPACE Novem ber 2007 93 􀂃 neighborhood, defining features of the plan, parcel lines, and/or street alignments. Implementation Measure P-6 The Planning Director or his/her designee and the Parks Director or his/her designee shall consider minor adjustments to final public park locations at such time that applicable subdivision maps are under review by the City. 9.2 PRIVATE PARKS AND OTHER OPEN SPACE In addition to public parks, this project will provide an abundance of private parks and other open space areas. The major private parks include the West Ming Central Park, recreation centers and a lake. Five two-acre recreation centers will be provided. These private recreation centers may contain swimming pools, spas, tennis courts, community buildings, picnic areas, tot lots and other similar community and neighborhood facilities. The amenities contained in each individual recreation center will be programmed to meet the specific recreation and community facility needs of the village in which they are located. The private recreation centers will be located within Villages A, C, D, F, and the Village Center. One five acre lake with public access will be provided. This five acre lake will be located in the Village Center District and although it will be private, it will be accessible to the public by means of the trail system. The lake will be constructed within the Town Center portion of the project. The West Ming Central Park will be approximately 20 acres in size and developed generally within the Village Center District over the existing 50 foot wide gasline easement that traverses diagonally across the project site. West Ming Central Park will be a strong visual amenity that will be an important open space and park asset to the community. West Ming Central Park will accommodate a wide variety of community events such as art shows, bazaars, and unstructured activities such as picnic and fitness par courses. Other open space areas will be provided within the various villages. This will include mini parks, pocket parks, and other similar elements. However, details for these open space areas will be provided with individual subdivision maps. Exhibit 9-2 Private Open Space Plan provides a plan for the general locations and sizes of the major private park elements that are described in detail in this section. PARKS AND OPEN SPACE 94 November 2007 Implementation Measure P-7 The final locations and sizes of the private parks will be designed by the developer with individual subdivisions, which are subject to review and approval by the City. The private parks will be constructed in conjunction with surrounding development and will be maintained by a homeowner’s association(s) and/or other maintenance district. PARKS AND OPEN SPACE Novem ber 2007 95 Insert Exhibit 9-2– Private Open Space Plan PARKS AND OPEN SPACE 96 November 2007 [This page intentionally left blank] DEVELOPMENT STANDARDS Novem ber 2007 97 10 DEVELOPMENT STANDARDS 10.1 COMMUNITY DESIGN A key aspect of the planning vision for the project is building a community that celebrates the City of Bakersfield's and San Joaquin Valley's older historic neighborhoods with their rich architectural diversity and beautiful landscapes. Additionally, the West Ming Specific Plan is based on a strong emphasis of attention to design detail and execution of the vision. The plan envisions a master planned community that is pedestrian oriented and features a system of open space, parks, recreation areas and community facilities. Included as part of the Specific Plan are development standards which cover key aspects of development including site development, street design, permitted uses, landscape and open space to ensure that development will be consistent with the vision and planning principles established in this Specific Plan. 10.1.1 Design Context Detailed Architectural Design Guidelines for all development within the Specific Plan will be provided with the Declaration of Covenants, Conditions and Restrictions (CC&Rs) during the subdivision phases of this project. The Architectural Design Guidelines will address in detail; themes, building forms, architectural styles, color combinations, compatible materials, etc. The Architectural Design Guidelines will supplement the development standards included in this Specific Plan to ensure that developments will reflect a variety of compatible elements to avoid monotonous neighborhoods and will embody the goals and principles established within the Specific Plan. In addition the CC&Rs will contain provisions for the establishment of an Architectural Review Committee (ARC)6. The purpose of this committee is to ensure that the Architectural Design Guidelines for all development within the Specific Plan, and any other restrictions or standards imposed by the CC&Rs are administered in conformance with the CC&Rs. Standards adopted pursuant to the CC&Rs will provide the minimum basis for review by the Architectural Review Committee. Implementation Measure DS-1 As a condition of recordation of any subdivision map, each lot shall have recorded appropriate CC&Rs approved by the Planning Department and the City Attorney pursuant to Bakersfield Municipal Code section 16.36.020. The CC&Rs shall include Architectural Design Guidelines consistent with the design principles and development standards contained in the Specific Plan. 6 Additional details regarding the ARC are provided in Chapter 12 DEVELOPMENT STANDARDS 98 November 2007 Implementation Measure DS-2 The City shall not be responsible for reviewing development proposals for consistency with the Architectural Design Guidelines. However, ARC approval is required by the City prior to the issuance of building permits unless otherwise provided for in the CC&Rs. 10.1.2 Design Principles The following design principles shall be used to guide the creation of the detailed Architectural Design Guidelines for developments within the West Ming Specific Plan area. 10.1.2.1 Architecture The architectural styles for buildings in each of the villages shall provide a blend of building forms, massing, scale, and character that creates a pedestrian-oriented environment meant to be viewed and experienced on-foot rather than from the car. Streetscape facades shall be comprised of a series of human-scaled wall segments, rather than monolithic wall expanses, to provide a comfortable and pleasant pedestrian experience. Articulation of building openings, roof, parapet and floor lines and changes in wall plane shall be used to provide visual interest and contrasts in light and shadow. Many design techniques can be utilized to achieve these objectives such as the use of porches facing the street, and in some areas, buildings with rear loaded garages. Architectural styles for the commercial components of the project shall provide for a feeling of compatibility of design within each commercial development. The designs shall complement the vision of the project and shall provide for interesting and pedestrian friendly development. 10.1.2.2 Streets Streets are intended to be an integral part of the community design and require careful design of the roadway, parkway landscaping and the architectural treatment and location of the homes fronting on that street. An important design element in some areas is the careful siting of the garage so as not to dominate the street scene. Similarly, it is important to create architectural interest and variety in the streetscapes by designing diverse but harmonious building types and elevations. Utilizing the street sections provided in the Specific Plan, a hierarchy of different internal thoroughfares (roads, streets and pathways) shall be established that are pedestrian friendly, traffic-calmed, and include attractively landscaped parkways, pedestrian crossings and good overall connectivity to effectively distribute traffic throughout the community. Attractive street trees that provide canopies and DEVELOPMENT STANDARDS Novem ber 2007 99 landscaping along the streets and roads are an important element of the design fabric of the community. 10.1.2.3 Entryways Major entrances into the development from Allen Road, Ming Avenue, and White Lane shall be identified by the creation of gateway features. These entry features will establish a visual introduction and statement as to the intended character of the Specific Plan area. Gateways shall utilize a combination of natural and hardscape landscaping, decorative walls or subdued signing that will be privately maintained. Each of the neighborhoods located off the major collectors shall be identified with individualized signing and/or enhanced landscape treatment. Signing should be developed within landscape areas or on decorative wall surfaces. 10.1.2.4 Parks, Open Space and Recreation Parks, open space and recreational facilities are featured elements of this Specific Plan. These outdoor spaces, particularly parks and recreational facilities, shall offer attractive and inviting pedestrian scale features, spaces, and amenities such as: 􀂃 Seating areas and shade structures; 􀂃 Water elements; 􀂃 Attractive landscaping; 􀂃 Tot lots; 􀂃 Connected pedestrian walkways; and 􀂃 Street trees. As discussed in further detail in the Parks and Open Space chapter, the open space network will include a variety of distinct parks including; 􀂃 Public parks; 􀂃 A large central park interconnected with smaller neighborhood parks as well as to the Village Center and the Kern River Bicycle Trail; 􀂃 Private neighborhood parks; 􀂃 Private mini parks and recreational centers; and 􀂃 A lake. DEVELOPMENT STANDARDS 100 November 2007 In addition a bicycle and pedestrian trail system shall serve as a unifying link between parks, open space areas and activity centers. The trail system is discussed in more detail in Chapter 4. The guidelines shall include language to ensure that internal neighborhood trail systems are connected to the main trail system described in this Specific Plan. 10.1.2.5 Lighting The use of diverse lighting types and methods ensure that the Specific Plan area’s unique character is apparent during the day when the fixtures are plainly visible and at night when the fixtures illuminate walkways, buildings, landscaping, signage, and parking. However, lighting design must balance the need to complement community design elements with the need to address public safety. In addition it is important that all lighting fixtures are appropriate in scale, intensity, and height to the use it is serving to further contribute to the pedestrian experience and to minimize impacts on adjacent uses. To the extent possible, lighting shall be designed to minimize spill over and to be energy efficient. 10.1.2.6 Green Building Techniques Green Building is a benefit to the community and the region. It provides for resource efficiency and is an environmentally sensitive approach to building. Higher energy efficiency means less utility operation, and less utility operation means less air and water pollution. It also encourages conservation of water resources, preserving of the old growth forests, and recycling as much construction waste as possible. Green building techniques shall be utilized by the builder(s) and include: 􀂃 Designing and building homes to exceed 2005 California Title 24 standards by a minimum of 15 percent and meet the California Green Builder Requirements, which includes professional design and 3rd party independent testing. 􀂃 Adopt Building Industry Institute’s (BII) waste reduction guidelines and work with local jurisdictions to divert 50 percent of construction waste from landfills to to recycling. Where diversion and recycling are unavailable, builders shall agree to work without penalties with jurisdictions and the BII to overcome market barriers. 􀂃 Reduce water consumption by utilizing innovative indoor plumbing designs and outdoor drip/mist irrigation for landscaping. 􀂃 Reduce wood use by employing engineered wood systems where practicable. DEVELOPMENT STANDARDS Novem ber 2007 101 10.2 RESIDENTIAL DEVELOPMENT STANDARDS Table 10.1 outlines the General Development Standards for the West Ming One Family Dwelling Zone (WM-R1); Table 10.2 outlines the General Development Standards for the West Ming Limited Multiple Family Dwelling Zone (WM-R2), and Table 10.3 outlines the General Development Standards for the West Ming Limited Multi-Family Dwelling Zone (WM-R3). TABLE 10.1 WM-R1 DEVELOPMENT STANDARDS One-family dwelling Townhome Minimum lot area 3,150 sf 2,000 sf Minimum lot width 35 feet 23 feet Minimum lot depth 90 feet 80 feet Maximum building height 35 feet 35 feet Front yard setback to main structure 15 feet 15 feet Front yard setback to garage opening 20 feet 20 feet Rear yard setback to main structure 25 feet or 20% of the depth of the lot, whichever is less1 5 feet Rear or side yard setback to garage opening 8 feet or 20 feet2 5 feet or 20 feet2 Side yard setback, interior lots 5 feet None Corner lot side yard setback 10 feet 10 feet Distance between buildings, including buildings on adjacent lots 8 feet 10 feet Distance between dwelling unit and accessory building 3 feet 3 feet Distance between accessory buildings 3 feet 3 feet 1 May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportunity to park in the driveway. Garages that are set back at 8 feet must incorporate roll up doors. The CC&R’s for each residential tract will contain detailed parking restrictions. The CC&R’s for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC& R’s will contain provisions permitting the association to assess fines against offending residents, and to tow illegally parked vehicles. DEVELOPMENT STANDARDS 102 November 2007 TABLE 10.2 WM-R2 DEVELOPMENT STANDARDS One-family dwelling Townhome Multiple-family dwelling Minimum lot area 3,150 sf 2,000 sf 3,500 sf; 1,600 sf per unit for 3 or more units Minimum lot width 35 feet 23 feet 35 feet Minimum lot depth 90 feet 80 feet 60 feet Maximum building height 35 feet 35 feet 55 feet Front yard setback to main structure 15 feet 15 feet 10 feet Front yard setback to garage opening 20 feet 20 feet 20 feet Rear yard setback 25 feet or 20% of the depth of the lot, whichever is less1 5 feet 10 feet Rear or side yard setback to garage opening 8 feet or 20 feet2 5 feet or 20 feet2 8 feet or 20 feet2 Side yard setback, interior lots 5 feet None None Corner lot side yard setback 10 feet 10 feet 10 feet Distance between buildings, including buildings on adjacent lots 8 feet 10 feet 10 feet Distance between dwelling unit and accessory building 3 feet 3 feet 3 feet Distance between accessory buildings 3 feet 3 feet 3 feet 1 May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportunity to park in the driveway. Garages that are set back at 8 feet must incorporate roll up doors. The CC&R’s for each residential tract will contain detailed parking restrictions. The CC&R’s for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC& R’s will contain provisions permitting the association to assess fines against offending residents, and to tow illegally parked vehicles. DEVELOPMENT STANDARDS Novem ber 2007 103 TABLE 10.3 WM-R3 DEVELOPMENT STANDARDS One-family dwelling Townhome Multiple-family dwelling Minimum lot area 3,150 sf 2,000 sf 6,000 sf; 1,250 sf per unit for 5 or more units Minimum lot width 35 feet 23 feet 35 feet Minimum lot depth 90 feet 80 feet 60 feet Maximum building height 35 feet 35 feet 55 feet Front yard setback to main structure 15 feet 15 feet 10 feet Front yard setback to garage opening 20 feet 20 feet 20 feet Rear yard setback 25 feet or 20% of the depth of the lot, whichever is less1 5 feet 10 feet Rear or side yard setback to garage opening 8 feet or 20 feet2 5 feet or 20 feet2 8 feet or 20 feet2 Side yard setback, interior lots 5 feet None None Corner lot side yard setback 10 feet 10 feet 10 feet Distance between buildings, including buildings on adjacent lots 8 feet 10 feet 10 feet Distance between dwelling unit and accessory building 3 feet 3 feet 3 feet Distance between accessory buildings 3 feet 3 feet 3 feet 1 May be reduced to five feet if not more than forty-five percent of the lot is covered by buildings or structures. 2 To ensure that vehicles parked in garage driveways do not block lane access, garage openings must be set back a minimum of 20 feet to accommodate said parking, or the garage openings must be set back at 8 feet to allow adequate maneuvering area to and from the lane without presenting the opportunity to park in the driveway. Garages that are set back at 8 feet must incorporate roll up doors. The CC&R’s for each residential tract will contain detailed parking restrictions. The CC&R’s for tracts which permit garage setbacks which are less than those required by City ordinances will prohibit parking parallel to the street in residential driveways. The CC& R’s will contain provisions permitting the association to assess fines against offending residents, and to tow illegally parked vehicles. DEVELOPMENT STANDARDS 104 November 2007 In addition to the development standards outlined in Tables 10.1, 10.2, and 10.3 the following will apply to all development projects proposed within the West Ming Onefamily Dwelling Zone (WM-R1), the West Ming Limited Multiple Family Dwelling Zone (WM-R2), and the West Ming Limited Multi-Family Dwelling Zone (WM-R3): 􀂃 All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance, with the exception of one-family dwellings which do not require site plan review. 􀂃 Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance. Townhomes shall be subject to the parking requirements for “Multiple-family dwellings and condominiums”. Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17.64 of the Bakersfield Zoning Ordinance. 10.3 COMMERCIAL DEVELOPMENT STANDARDS Table 10.4 outlines the General Development Standards for the West Ming Professional and Administrative Office Zone (WM-CO), the West Ming General Commercial Zone (WM-GC), and the West Ming Town Center Zone (WM-TC) TABLE 10.4 COMMERCIAL DEVELOPMENT STANDARDS WM-CO WM-GC WM-TC Minimum lot area None None None Maximum height 60 feet 60 feet 65 feet Front yard setback None None None Rear yard setback None1 None1 None1 Interior side yard setback None1 None1 None1 Corner lot side yard setback None None None Distance between buildings None None None 1 Where a commercial lot abuts any one-family dwelling project or residential zone, there shall be a minimum building setback from any side or rear property line of twenty feet. In addition to the development standards outlined in Table 10.4, the following will apply to all development projects proposed within the West Ming Professional and Administrative Office (WM-CO), the West Ming General Commercial (WM-GC), and the West Ming Town Center (WM-TC) zones: 􀂃 All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance. 􀂃 Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance. Townhomes shall be DEVELOPMENT STANDARDS Novem ber 2007 105 subject to the parking requirements for “Multiple-family dwellings and condominiums”. Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17.64 of the Bakersfield Zoning Ordinance. 􀂃 Live/work developments7 shall provide parking in accordance with Chapter 17.58 of the Bakersfield Zoning Ordinance. Parking spaces for the residential portion of the development must be located on site. Parking spaces for the ground floor office/retail/commercial area may be provided on a separate lot located within 500 feet of the building, and may be uncovered. If the ground floor office/retail/commercial area is converted to a separate dwelling unit, the parking for that dwelling unit may also be provided on a separate lot located within 500 feet of the building, and may be uncovered. 􀂃 All buildings used exclusively for dwellings purposes shall comply with the provisions of the WM-R3 zone. 􀂃 Open storage of material and equipment permitted in the WM-CO, WMGC, and WM-TC zones shall be surrounded and screened by a solid wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be stacked above the height of the screening. 􀂃 Where a one-family dwelling project or residential zone faces a parking lot, driveway, delivery area and/or loading area of a commercial development, adequate screening shall be installed. Screening shall include a wall or fence that is a minimum of six feet in height as measured from highest grade and a landscape area at least seven feet in width. Trees shall be installed in this landscape area in accordance with Section 17.61.020 K of the Bakersfield Zoning Ordinance. 􀂃 Roof top areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. 10.4 SPECIAL USE DEVELOPMENT STANDARDS Table 10.5 outlines the General Development Standards for the West Ming Special Use Zone (WM-SU) 7 See Section 13.2.6 for the definition of a Live/Work unit. DEVELOPMENT STANDARDS 106 November 2007 TABLE 10.5 SPECIAL USE DEVELOPMENT STANDARDS WM-SU Minimum lot area None Maximum height 75 feet Front yard setback 10 feet Rear yard setback None Interior side yard setback None Corner lot side yard setback 10 feet Distance between buildings None 1 Where lot abuts any residential zone, there shall be a minimum setback from any side or rear property line of twenty feet. In addition to the development standards outlined in Table 10.5, the following will apply to all development projects proposed within the West Ming Special Use (WMSU) zone: 􀂃 All permitted and conditional uses shall be subject to site plan review as provided in Chapter 17.08 of the Bakersfield Zoning Ordinance. 􀂃 Off-street parking and loading shall be subject to the requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance. Deviations from Chapter 17.58 may be approved as modifications in accordance with the provisions of Chapter 17.64 of the Bakersfield Zoning Ordinance. 􀂃 Open storage of material and equipment permitted in the WM-SU zone shall be surrounded and screened by a solid wall or fence, including solid gates where necessary, not less than six feet in height. Materials shall not be stacked above the height of the screening. 􀂃 Where a residential zone faces a parking lot, driveway, delivery area and/or loading area of a special use development, adequate screening shall be installed. Screening shall include a wall or fence that is a minimum of six feet in height as measured from highest grade and a landscape area at least seven feet in width. Trees shall be installed in this landscape area in accordance with Section 17.61.020 K of the Bakersfield Zoning Ordinance. 􀂃 Roof top areas of commercial structures shall be completely screened from view by parapets or other finished architectural features constructed to a height of the highest equipment and unfinished structural element or architectural feature of the building. 􀂃 Refer to Section 10.5.4 of this Specific Plan for provisions relating to drill islands and production of petroleum and gas. DEVELOPMENT STANDARDS Novem ber 2007 107 10.5 ADDITIONAL DEVELOPMENT STANDARDS 10.5.1 Height of Buildings -Roof Structure, Chimneys and Towers A. No penthouses or roof structures for the housing or screening of elevators, stairways, tanks, ventilating fans, or similar equipment shall exceed the height limits outlined in the Specific Plan Zoning Regulations. Towers, steeples and architectural features associated with Conditional Uses in the WM-R1, WM-R2, and WM-R3 zones may, in conjunction with the approval of the Conditional Use Permit, be permitted to exceed the maximum height limits outlined in the respective zones, up to 15 feet. In addition, towers, steeples, and architectural features may be allowed to exceed the maximum height limits, up to 15 feet, within the WM-CO, WM-CG, WM-TC, WM-SU, at the time of approval of a site plan review. B. Radio and television masts, flagpoles, public utility poles and lines, chimneys and smokestacks may extend not more than thirty feet above the height limit outlined in in the Specific Plan Zoning Regulations; provided that the same may be safely erected and maintained at such height in view of the surrounding conditions and circumstances. C. Overlooks into residential rear yards shall be subject to the requirements of Bakersfield Zoning Ordinance, Section 17.08.090. 10.5.2 Accessory Buildings A. Accessory buildings or structures may be located within an interior side or rear yard area in any residential zone district or project of a residential nature, provided they do not exceed a height of seven feet, and/or an area of one-hundred twenty square feet. B. Accessory buildings or structures exceeding a height of seven feet and/or an area of one-hundred twenty square feet in any residential zone district or project of a residential nature, shall not be located nearer than five feet, or the applicable setback distance, whichever is less, to any interior side or rear property line. C. Accessory buildings and structures within the West Ming commercial, open space, and special use zones shall be subject to the applicable development standards of the zone within which the accessory building is to be located. D. No accessory buildings or structures shall be located within any required street side yard or front yard area. 10.5.3 Yard Encroachments A. Cornices, canopies, carports, eaves, patio or porch covers, or other similar architectural features not providing additional floor or interior space within the building may extend into a required front, side or rear yard not to exceed three feet. This encroachment may include structural supports to the ground, however, the open area of the longest wall and one additional wall of a carport, patio, porch or similar enclosure shall be equal to at least sixty-five percent of the area of each DEVELOPMENT STANDARDS 108 November 2007 wall. Openings may only be enclosed with insect screening or similar material that allows unrestricted outside air circulation. B. Open unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, with the exception of guard rails as may be required by the building director, may extend into any front, side, or rear yard not more than six feet. C. Deviations from the yard encroachment provisions may be approved at the time of site plan review. D. Detached garages may be constructed along a rear and/or side yard property line, and may include a second story for a den, office, artist studio, or similar accessory use. 10.5.4 Drilling For and Production of Petroleum and Gas Chapter 15.66 of the City of Bakersfield Ordinances provides for certain regulations with regard to the production and exploration of petroleum and gas. Included is Section 15.66.080 which addresses situations where development encroaches into petroleum producing areas. The ordinance requires that a plan be developed showing how all existing petroleum related facilities will be protected and integrated into the proposed development so as said facilities will satisfy the applicable development standards. The plan must also contain notice and deed restriction provisions. The specifics of a plan to deal with such petroleum facilities will be submitted at the time of submittal of any subdivision map for approval. However, the following general policies are adopted with respect to all such facilities which may be encountered during the buildout of the Specific Plan. 􀂃 Restrictive Covenant: Any buildable lot containing an area which may not be built upon under the requirements of the particular subdivision, shall be encumbered by the developer with a deed restriction specifying the area so encumbered and identifying the name and location of the well causing the encumbrance. 􀂃 Notice: When a final map is recorded, the subdivider shall concurrently record a covenant affecting all real property within the subdivision that is within five hundred feet of the petroleum facilities, disclosing the existence and location of the petroleum facilities. 􀂃 When a final map is recorded, the subdivider shall comply with the applicable provisions of Bakersfield Municipal Code section 15.66. To ensure that all parties having record title interest in, or right to minerals, including, but not limited to oil, gas, or other hydrocarbon substances on any property proposed for subdivision in the Specific Plan area are represented, the DEVELOPMENT STANDARDS Novem ber 2007 109 applicant for said subdivision shall comply with the requirements of Section 16.20.060 of the Bakersfield Municipal Code. 10.5.5 Signs A comprehensive sign plan(s) shall be developed for developments within the Specific Plan in accordance with the Bakersfield Zoning Ordinance, Section 17.60.030. DEVELOPMENT STANDARDS 110 November 2007 [This page intentionally left blank] DEVELOPMENT PHASING Novem ber 2007 111 11 DEVELOPMENT PHASING The various areas of the Specific Plan will be developed in phases as shown in Exhibit 11-1. The phasing was designed to accommodate the installation of the required infrastructure. The project developer shall have the right to determine the timing of development, provided all infrastructure necessary to serve that portion or phase of the project is in place prior to occupancy of that portion or phase of the project. The phasing plan reflects current conditions, but may change at the discretion of the developer, subject to Planning Director and Public Works Director review and approval, over the extended development horizon of the project. The Phasing Plan as described in this Specific Plan may be adjusted to reflect changing market conditions or differing infrastructure needs. The various streets and other circulation elements and infrastructure extension items will be developed incrementally. The amount of the increment built shall be as required to serve the area being developed. DEVELOPMENT PHASING 112 November 2007 [This page intentionally left blank] DEVELOPMENT PHASING Novem ber 2007 113 Insert Exhibit 11-1 – Project Phasing DEVELOPMENT PHASING 114 November 2007 [This page intentionally left blank] SPECIFIC PLAN IMPLEMENTATION Novem ber 2007 115 12 SPECIFIC PLAN IMPLEMENTATION The West Ming Specific Plan was prepared and adopted in accordance with all provisions of State law and City of Bakersfield ordinances, policies, and procedures. 12.1 APPLICABILITY The policies and development standards of the West Ming Specific Plan shall govern all development within the specific plan area. The development standards contained herein provide specific standards for land use development within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Bakersfield Zoning Ordinance unless stated herein to the contrary. Whenever the provisions and development standards contained herein conflict with those contained in the City of Bakersfield Zoning Ordinance, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Bakersfield Zoning Ordinance shall apply. 12.2 SEVERABILITY If any provision or portions of any provision of this Specific Plan or its application to any person or circumstance are held to be invalid, the remainder of the Specific Plan and the application of that provision to other persons or circumstances shall not be affected. 12.3 INTERPRETATION If an issue, condition or situation arises or occurs that is not sufficiently covered or provided for in these regulations so as to be clearly understandable, those other regulations of the Bakersfield Zoning Ordinance that are applicable for the most similar issue, condition or situation shall be used and implemented. This provision shall not be used to permit uses not specifically authorized by these regulations or to modify the objectives of this Specific Plan. The City Planning Director shall resolve the issues, conditions or situations in a manner that is consistent with the goals, policies, and standards established in this Specific Plan. The intent is to resolve ambiguity in the regulations and ensure consistent application. 12.4 AMENDMENTS TO THE SPECIFIC PLAN Proposed amendments to the Specific Plan shall be processed in accordance with provisions of City of Bakersfield Codes and Ordinances and California State Law. Amendments to the Plan shall be permitted so as to permit the orderly development of the lands subject to this Specific Plan. SPECIFIC PLAN IMPLEMENTATION 116 November 2007 12.5 SUBSTANTIAL CONFORMANCE WITH THE SPECIFIC PLAN It is recognized that as more detailed plans are prepared to implement the Specific Plan, certain minor adjustments to provisions of the Specific Plan may be required. These minor adjustments may be approved administratively at the discretion of the Planning Director provided that they are in substantial conformance with the Specific Plan and further provided that the following requirements are met: 􀂃 The minor adjustment does not increase the number of dwelling units that can be constructed or the intensity of development of non residential development. 􀂃 Specific Plan land uses and zones as shown in Exhibits 3-1 and 13-1 are not amended. 􀂃 All applicable provisions of State Law are complied with. 􀂃 The determination of substantial conformance is principally related to clarifying administrative issues and not changing standards or the plan objectives. All proposed adjustments or modifications to the Specific Plan that are determined to not be in substantial conformance with the Specific Plan by the Planning Director, shall be processed as amendments to the Specific Plan. 12.6 REQUIRED ACTIONS TO IMPLEMENT THE PROJECT 12.6.1 Environmental Impact Report The EIR is being processed concurrently with the Specific Plan and must be certified as complete prior to approval of the Specific Plan. Certification of the Environmental Impact Report (EIR) and approval of a Mitigation Monitoring Program (MMP) and Statement of Overriding Considerations must be approved concurrent with this Specific Plan. It is intended that the EIR will adequately cover all anticipated actions required to implement the Specific Plan. 12.6.2 General Plan Amendment Approval by the City Council of a General Plan Amendment is necessary to implement the West Ming Specific Plan. The General Plan Amendment is being processed concurrently with the Specific Plan and must be approved prior to approval of the Specific Plan. 12.6.3 Approval of Specific Plan Approval of the West Ming Specific Plan will occur by resolution by the City Council. SPECIFIC PLAN IMPLEMENTATION Novem ber 2007 117 12.6.4 Approval of Zoning The Specific Plan Zoning must be approved in accordance with provisions of City of Bakersfield ordinances for each development provided for by a subdivision map. Zoning actions follow approval of the Specific Plan. 12.6.5 Approval of Subdivision Maps Subdivision Maps must be approved in accordance with provisions of City of Bakersfield ordinances. Approval of Subdivision Maps follows approval of the Specific Plan. 12.6.6 Homeowners Association The developer shall establish a Homeowners Association(s) and/or Maintenance District(s) to maintain all common landscape areas, including private parks and private streets. Homeowners association(s) and/or Maintenance District(s) may also maintain landscape areas in public parks and public streets, subject to approval by the City and the provisions outlined in Section 12.7. As a condition of recordation of any subdivision map, each lot shall have recorded appropriate CC&Rs approved by the Planning Department and the City Attorney pursuant to Bakersfield Municipal Code section 16.36.020., which provide for the maintenance of these areas, through the use of a homeowner’s association (HOA), maintenance districts, community service districts, community facilities districts, or the like, or a combination of these financing tools. In addition, the CC&Rs will include architectural, landscape and development guidelines and standards consistent with the objectives and standards contained in the Specific Plan. 12.6.7 Architectural Review Committee The responsibility of the ARC is to review architectural submittals for the homeowner’s association to ensure consistency with the Architectural Design Guidelines contained within the CC&Rs. This Specific Plan contains a number of design principles which are to be implemented through the review of plans submitted to the Architectural Review Committee. However, it is not the responsibility of the ARC to review or approve subdivisions, parcel maps, zoning, Specific Plan amendments, etc. The committee shall be established under the provisions of the Conditions, Covenants and Restrictions (CC&Rs) to be recorded by the developer and approved by the City of Bakersfield as indicated in Section 12.3.6. There will be three (3) ARCs for the West Ming project. One will review and approve architectural submissions for all residential development, one will review and approve architectural submissions for all commercial development, and the third will review and approve architectural submissions for development within the Special Use District. Each ARC will consist of not less than three (3) nor more than five (5) persons as fixed from time to time by the Board of Directors of the master homeowner’s association for each of the three areas. The developer, as to residential SPECIFIC PLAN IMPLEMENTATION 118 November 2007 and commercial development, and property owner, as to development within the Special Use District, will appoint all members of the ARC at least until five (5) years after the close of escrow on the first property within the last phase of development in the portions of the project overseen by that particular ARC, or until 90% of the residential properties within the entire West Ming project have been sold to the ultimate buyers of such properties, whichever shall last occur. As part of the annual report submitted to the City of Bakersfield Planning Department, the developer shall report on the status of appointment responsibility for the ARC. The status report shall contain at a minimum the number of residential properties that have been sold and/or the date of the close of escrow on the first property within the last phase of development in the portions of the project overseen by each applicable ARC. 12.7 LANDSCAPE MAINTENANCE Subject to approval by the City, the developer may elect to have all landscaping within the City’s public parks and/or rights of way in the project, including landscaping at intersections along road segments and/or within road medians, maintained by one or more homeowner’s associations established by the developer. Traditionally, these landscape areas are maintained by the City of Bakersfield. The primary benefits of such landscaping flow to the residents rather than to the public at large and private maintenance of such landscaping will allow for integration of a common landscaping theme and more economical maintenance. To implement this concept, a homeowner’s association(s) would be established which will be responsible for the maintenance of all common landscape areas and landscape areas within the public rights-of-way. These homeowner’s associations may be separate from other homeowner’s associations, or they may be the same. The exact form of such associations shall be established at the time of approval of the subdivision maps, and may may include master homeowner’s associations, subhomeowner’s associations, and/or homeowner’s associations set up only for the purpose of landscape maintenance. These homeowner’s association(s) may not be dissolved or discontinued without prior City approval. Should private maintenance of landscaping within public rights of way be approved by the City, prior to approval of each final subdivision map associated with the West Ming Specific Plan, the developer will convey by grant deed, an easement to the City of Bakersfield for the use of the streets, as permitted by Government Code section 65870 et seq. and Bakersfield Municipal Code Chapter 12.60. This grant deed will grant to the City the right to use the streets for parking, ingress, egress, emergency access and light and air access, public services, including water, sewer, electricity, cable and other utility lines, delivery of public services, including trash collection, landscaping and open space use but will exclude the right to maintain the landscaping and open space use. The grant deed will include the fact that right to maintain SPECIFIC PLAN IMPLEMENTATION Novem ber 2007 119 landscaping and open space are reserved to the developer, and that such reserved rights shall be granted to the appropriate homeowner's association. The declaration of covenants, conditions and restrictions (CC&Rs) associated with that subdivision will state that these reserved rights constitute a portion of the common area, for which the association has the duty to maintain. The Developer will also grant to public service and utility providers such easements as may be necessary for the installation of utility lines and delivery of public services for the project. Although the above-described method is preferred, in the event this process is not followed, and such streets are offered for dedication instead, then the City shall accept the offered streets upon completion of any improvements, and then enter into appropriate license agreements, right-of-way agreements, and/or easements which allow the homeowner’s association to maintain the landscaping and open space contained within the public rights-of-way. Prior to contracting with private companies to maintain landscaping and open space within City rights of way, the homeowner’s association will be required to execute and deliver to the City an encroachment permit or other agreement from or with the City, in a form acceptable to the City, requiring that the homeowner’s association indemnify and provide insurance to the City for any claims, losses and liabilities arising out of such private maintenance. Nothing in this Specific Plan shall prohibit such associations from contracting with private companies to perform maintenance of the landscaping and open space. 12.8 DEVELOPMENT AGREEMENT In 1979, California enacted legislation authorizing local governments to enter into binding agreements with respect to development project approvals. This legislation was mainly intended to alleviate the longstanding problem of uncertainties in the multilevel government approval processes for complex and long-term development projects. The intent was to assure a developer that once a project was started, it would be permitted to be completed as approved, regardless of any intervening changes in local ordinances, regulations, or the makeup of the local governing body. A development agreement has been submitted and is being processed concurrently with this Specific Plan. Notwithstanding any other provision of this Specific Plan, development agreement means a development agreement as provided for by Government Code §65864 to §65869.5 or other similar form of document, agreement, or condition(s) as may be desired at the discretion of the City of Bakersfield. SPECIFIC PLAN IMPLEMENTATION 120 November 2007 [This page intentionally left blank] ZONING REGULATIONS Novem ber 2007 121 13 ZONING REGULATIONS 13.1 GENERAL PURPOSE The West Ming Specific Plan Zoning Regulations are adopted for the purpose of promoting the health, safety and general welfare of the future residents and employees of the West Ming Specific Plan by providing zoning districts and development and use standards for implementation of the Specific Plan. Whereas this section includes the Permitted Uses (Table 13.1) for the West Ming Specific Plan, the Development Standards can be found in Chapter 10 Development Standards. The West Ming Specific Plan Zoning Regulations have the following objectives: 􀂃 Implement the provisions of the West Ming Specific Plan. 􀂃 Provide maximum opportunities for innovative, high quality community design and site planning consistent with orderly development and protection of sensitive and natural resources. 􀂃 Identify only those uses and development standards unique to the West Ming Specific Plan. 13.1.1 Application The West Ming Specific Plan Zoning Regulations shall be applied only in the West Ming Specific Plan area. 13.1.2 References Any reference to Zoning Regulations shall mean the West Ming Zoning Regulations. The City of Bakersfield Zoning Ordinance is referred to as the Bakersfield Zoning Ordinance. 13.1.3 Resolution of Issues The development standards contained herein provide specific standards for land use development within the Specific Plan area. The Specific Plan supersedes the otherwise applicable City of Bakersfield development standards/regulations unless stated herein to the contrary. Chapters 17.10 through 17.54 are superseded in their entirety by these Zoning Regulations. Whenever the provisions and development standards contained herein conflict with those contained in the City of Bakersfield Zoning Ordinance, the provisions of the Specific Plan shall take precedence. Where the Specific Plan is silent, the City of Bakersfield Zoning Ordinance shall apply. ZONING REGULATIONS 122 November 2007 If an issue, condition or situation arises or occurs that is not sufficiently covered or provided for in these regulations so as to be clearly understandable, those other regulations of the Bakersfield Zoning Ordinance that are applicable for the most similar issue, condition or situation shall be used and implemented. This provision shall not be used to permit uses not specifically authorized by these regulations or to modify the objectives of this Specific Plan. The City Planning Director shall resolve the issues, conditions or situations in a manner that is consistent with the goals, policies, and standards established in this Specific Plan. The intent is to resolve ambiguity in the regulations and ensure consistent application. 13.1.4 Severability If any provision (or portions of any provision) of the West Ming Zoning Regulations or their application to any person or circumstance is held to be invalid, the remainder of the West Ming Zoning Regulations and the application of that provision to other persons or circumstances shall not be affected. 13.2 GENERAL PROVISIONS 13.2.1 Zoning Map and Zoning Process The West Ming Specific Plan Zoning Regulations implement the Specific Plan General Plan Land Use Designations for the property as shown on Exhibit 3-1. The proposed zoning for the properties within the Specific Plan area are adopted by map within the Specific Plan as shown on Exhibit 13-1 Zoning Map, and shall be more specifically defined upon subdivision. Minor adjustments to the zoning district boundaries are subject to review and approval by the Planning Director or his/her designee. They do not require an amendment to the Specific Plan. The following constitutes a minor zoning district boundary adjustment: 􀂃 An adjustment to the boundaries of a zoning district or districts shown on Exhibit 13-1 which is undertaken to merely refine the Zoning Map as more detailed boundary information is available. Zoning district boundaries may need to be adjusted as a result of final alignment changes to defining features of the project such as streets, the canal, and easement areas. ZONING REGULATIONS Novem ber 2007 123 Insert Exhibit 13-1 – Zoning Map ZONING REGULATIONS 124 November 2007 [This page intentionally left blank] ZONING REGULATIONS Novem ber 2007 125 􀂃 An adjustment that will not increase or decrease the overall acreage of individual zoning districts so as to change the intent of the Zoning Map or modify the development policies and standards required by the Specific Plan. A table of acreages has been prepared based on preliminary calculations of the zoning districts as depicted on Exhibit 13-1. It is anticipated that minor adjustments to the zoning district boundaries will not result in gross acreages that deviate more than 5 percent from those provided in Table 13.1. 􀂃 Minor zoning boundary adjustments shall not increase the number of dwelling units. The number of units must meet the dwelling unit limitations established in Section 3.5 of this Specific Plan. TABLE 13.1 PRELIMINARY ZONING DISTRICT ACREAGES Zoning District Preliminary Acreages WM-R1 445.5 WM-R2 1358 WM-R3 43 WM-CO 41 WM-GC 9 WM-TC 63 WM-DI 2.5 WM-SU 220 13.2.2 Compliance with Specific Plan All construction within the West Ming Specific Plan shall comply with the provisions outlined herein, and relevant City of Bakersfield Zoning Ordinance provisions. Building and other construction permits shall be issued by the City only after it has been determined that said permit applications are consistent with the applicable provisions of the West Ming Specific Plan and the Specific Plan Zoning Regulations outlined herein. ARC approval is required by the City prior to the issuance of building permits unless otherwise provided for in the CC&Rs. 13.2.3 Hierarchy The hierarchy of applicability shall be first to the West Ming Specific Plan and these Specific Plan Zoning Regulations, and then to the applicable provisions of the Bakersfield Zoning Ordinance, and other City codes and ordinances. 13.2.4 Site Plan Approval Process The Site plan approval process for all developments requiring site plan review shall be in accordance with Section 17.08.080 of the Bakersfield Zoning Ordinance. ZONING REGULATIONS 126 November 2007 13.2.5 Legal Nonconforming Uses Legal nonconforming uses, including agricultural uses, may be continued and maintained on lands within any zone until such lands are developed for uses permitted by such zone. 13.2.6 Definitions Definitions shall be in accordance with Section 17.04 of the Bakersfield Zoning Ordinance except as modified or supplemented herein. Lane Lane means a private way or dedicated right of way of twenty feet or less in width that provides secondary access to abutting properties. A lane may provide access to rear loaded garages for one-family dwellings or townhomes. Live/Work Development Live/Work development means a development that provides for a live/work environment with ground floor office/retail/commercial in the same building as a one–family dwelling unit. The ground floor office/retail/commercial area may be used as a separate dwelling unit. Townhome Townhome means a one-family dwelling located on a legal lot of record that is attached to one or or more adjacent one-family dwellings that are each located on their own legal lot of record. 13.3 ZONING DISTRICTS AND PERMITTED USES The West Ming Specific Plan Development Plan will be implemented by designating properties within the Specific Plan area in accordance with Exhibit 13-1 Zoning Map. The zoning districts are described generally as follows: 􀂃 West Ming-One Family Dwelling Zone (WM-R1): The West Ming-One Family Dwelling Zone provides for low density one-family dwellings and. townhomes. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. 􀂃 West Ming-Limited Multiple-Family Dwelling Zone (WM-R2): The West Ming-Limited Multiple-family Dwelling Zone provides for lower to medium density detached and attached housing as well as one-family dwellings townhomes, and multiple family dwellings. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. ZONING REGULATIONS Novem ber 2007 127 􀂃 West Ming-Limited Multi Family Dwelling Zone (WM-R3): The West Ming-Limited Multi Family Dwelling Zone provides for medium to higher density housing, primarily attached. Parks, schools, and other public uses such as fire and law enforcement protection facilities are also allowed in this zone. 􀂃 West Ming-Professional and Administrative Office Zone (WM-CO): The West Ming-Professional and Administrative Office Zone allows a wide array of business and professional office uses, as well as a number of specialty retail uses. 􀂃 West Ming-General Commercial Zone (WM-GC): The West Ming-General Commercial Zone allows office, retail, and service facilities providing a broad range of goods and services to serve the day to day needs of nearby residents. 􀂃 West Ming-Town Center Zone (WM-TC): The West Ming-Town Center Zone will implement the core of the West Ming Specific Plan community. It allows for a mix of commercial, office, and residential uses, both vertically and horizontally, that will allow for the creation of an active community core with an active street life and a vibrant business center. Live/work developments are provided for in the WM-TC zone. 􀂃 West Ming-Drill Island Zone (WM-DI): The West Ming-Drill Island Zone shall be in accordance with Section 17.46, Drilling Island District, of the Bakersfield Zoning Ordinance. The WM-DI zone is consistent with the WM-LR land use designation. 􀂃 West Ming-Special Use Zone (WM-SU): The West Ming-Special Use Zone provides for industrial, office, and special uses that are not accommodated for in any other zoning designation. Mineral and Petroleum extraction are permitted within the WM-SU zone, as well as agricultural, and agricultural support uses. The following table lists permitted and conditional uses in each of the Zoning Districts, with the exception of the WM-DI Zone (please refer to Section 17.46 of the Bakersfield Zoning Ordinance for permitted uses in the WM-DI Zone). “Conditional” refers to uses requiring approval of a a Conditional Use Permit. ZONING REGULATIONS 128 November 2007 TABLE 13.2 PERMITTED USES P=Permitted, P/D = Permitted by Planning Director, C=Conditional Use Permit LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Accessory uses as defined in the Bakersfield Zoning Ordinance P P P P P P P Accounting, auditing, tax preparation and bookkeeping services P P P P Advertising agencies P P P P Agricultural use Agricultural packing plants C Amusement parks, including miniature golf, water parks, batting cages, and miniature car tracks located outdoors C C Amusement parks, including miniature golf, water parks, batting cages, and miniature car tracks located indoors P P Animal hospitals P Apartment hotel C P Apparel and accessory stores P P P Appliance store, including repair P P P Archery ranges Automobile and light truck, two axle vehicles, parking and storage P Automobile accessory or parts store, including stereo, phone, tire, upholstery and tune-up specialty shops but excluding heavy or major mechanical work and all body or paint work, and where all work is conducted inside a building P P P Automobile assembling, body and fender works, painting, upholstering, dismantling and used parts storage, when operated and maintained wholly within a building P Automobile dealership, new and used P P P Automobile parts manufacturer C Automobile rental agency, including limousine service P P P Automobile service stations, including convenience markets but excluding truck stops P P P P Bail bond services C C C Bakeries P Bakery, retail only P P P ZONING REGULATIONS 129 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Bank, savings and loan, credit unions and other financial institution P P P P Bars, nightclubs, cabarets, cocktail lounges or other establishments selling alcoholic beverages for on-site consumption where such use, including entertainment, is the primary business C C Baseball batting ranges (outdoor) C C Baseball batting ranges (indoor) P P Baseball, football, soccer, track, field or basketball stadiums or facilities C Battery manufacturer C Boat buildings P Book and stationary store P P P Bottling plant P Bowling center, billiards P P P Breweries and distilleries C Building materials storage yards P Bus, train, and other transit station, provided that transit vehicles are not stored on site and no repair work or servicing of transit vehicles is conducted onsite C P P Business and management consulting services P P P P Business and professional membership organizations P P P P Cabinet or carpenter shop P Camera and photographic photographic supply P P P Candy, nut and confectionary store P P P Card room, bingo parlor P P P Caretaker dwelling P P P P Carpet, awning, blinds, mattress or upholstery sales and/or repair shops P P Carpet and upholstery cleaners P P P Carwash, detailing P P P Christmas tree sales, limited between November 15 to December 26 each calendar year8 P P P P Church, excluding schools C C C P P P P Commercial art and graphic design P P P P 8 Christmas tree sales are not allowed within 300 feet of residential homes. ZONING REGULATIONS 130 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Commercial photography, including portrait studios P P P P Community uses and places of public assembly, excluding churches C C C P P P P Computer programming and data processing services P P P P Computers and computer software store P P P Concrete batch plants, portable, not to exceed two-yard capacity P Consumer credit reporting and collection services P P P P Contractor’s plants and storage yards P Cosmetic store P P P Day care nursery P P P P Day care home, small family P P P C Day care home, large family (in accordance with Chapter 17.67 of Bakersfield Zoning Ordinance) P P P C Department store P P P Detective and security systems services P P P P Direct mail advertising services P P P P Distributing plants P Drugstore, pharmacy P P P Electric welding and electroplating P Employment agency and help supply services P P P P Engineering, surveying, architectural and environmental planning services P P P P Fabric, yardage store P P P Family and social service, clinics and centers P P P P Farmers market; provided it is conducted on a paved surface, shall not be operated more than two days per calendar week, has been certified by the Kern County agricultural commissioner, and that adequate parking is available through joint, shared or other arrangement as approved by the planning director pursuant to chapter 17.58 of the Bakersfield zoning ordinance. P P P P Fire and law enforcement protection facilities, ambulance services C C C P C Fireworks sales, limited between June 1 and July 5 each calendar year P P P Floor covering store P P P Florist P P P Food and/or shelter service agencies as defined in section 17.04.285 of the Bakersfield Zoning Ordinance C C C ZONING REGULATIONS 131 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Freighting or trucking yards or terminals C Frozen food lockers P Funeral services, including a crematory provided it is incidental to the main use P P P Furniture and automobile upholstering operations not confined wholly to a building P Furniture store, including rental P P P Garage for public or commercial parking P P P Garment cleaning, pressing, alteration and repair P P P P Gift, novelty and souvenir store P P P Golf courses and driving ranges C C Governmental services and administration, including libraries, museums, galleries and judicial courts; police, fire, and other emergency service alarm centers C C C P P P P Grocery stores, including meat, fish, fruit, vegetable, delicatessen and convenience stores P P P Gun clubs or shooting ranges C Hair styling shop and beauty salon, including tanning salons, barber shop P P P P Hardware store, including home building and garden supply P P P Hobby, toy and game store P P P Home furnishings, including home building and garden supply P P P Home Occupation in accordance with Chapter 17.63 of Bakersfield Zoning Ordinance P P P C P Hospital, sanitarium P P Hotel, motel, including restaurants, bars and cocktail lounges provided they are incidental to the main use C P P C Ice and cold storage plants P Institutions of educational, philanthropic, or charitable nature C P P Insurance services P P P P Interior decorating, including drapery, curtain and upholstery sales P P P Itinerant merchant, including street vendors, subject to city permit and business license P/D P/D Jewelry, watch, clock, silverware, coins and gemstones including repair P P P ZONING REGULATIONS 132 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Kennels C C C Laboratories, experimental research and testing P Laundries, cleaning and dyeing plants P Laundromat P P P Legal services P P P P Library P P P Liquor store P P P Live/work development P Locksmith P P P Lodge halls and private clubs, excepting clubs the chief activity of which is a service customarily carried on as a business P P Lodge halls and private clubs, where the chief activity is a service customarily carried on as a business P P P Luggage and leather goods P P P Lumberyards P Machine shops ( except punch presses of over twenty tons rated capacity, drop hammers and automatic screw machines) P Machine shops, including punch presses and automatic screw machines C Management and public relations services P P P P Manufacturer of arts and crafts, billboards and advertising structures, electric neon signs, ceramic products, clothing or garments, cosmetics, perfumes and toiletries, drugs and pharmaceuticals, electronic instruments and devices, radios, televisions, phonographs, business machines, food products (except the rendering or refining of fats or oils), furniture, musical instruments and toys, prefabricated buildings, shoes, soap (cold mix only) textiles. P Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, wood, yards and paint not employing a boiling process P ZONING REGULATIONS 133 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Medical, dental, psychiatric and other health practitioner offices and clinics, including chiropractic, acupuncture, massage therapy and blood banks. P P P P Medical and dental laboratories P P P P Military surplus store P P P Mobile home or travel trailer park C Mobile home sales, new and used C C Mortgage, loan and personal credit institutions P P P P Motion picture theater and auditoriums, excluding drive in P P P Motorcycle dealership, new and used P P P Multiple-family dwellings, including condominiums, and apartments P P C P Musical instrument store P P P Newspaper, magazine store P P P Nurseries P P P Nurseries, wholesale C One-family dwelling P P P C Paint mixing plants (not employing a boiling process) P Paint, glass and wallpaper store P P P Palm reading, fortune telling, astrologic and psychic services P P P P Parks (public or private) for passive and active recreational use, including permanent and temporary recreation facilities for organized and unorganized uses. This includes, but is not limited to softball diamonds, soccer or football fields, playground equipment, tennis and basketball courts, aquatic facilities, restrooms and group picnic facilities. *Lighting of these parks shall be limited to safety (lighting required by federal, state, or local agencies, including street lights), security (such as motion activated lights), and architectural and/or landscape accent fixtures. P P P P P P P ZONING REGULATIONS 134 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Parks (public or private) for passive and active recreational use, including permanent and temporary recreation facilities for organized and unorganized uses, with outdoor recreation or sports facility lighting. This includes, but is not limited to illuminated softball diamonds, soccer or football fields, playground equipment, tennis and basketball courts, aquatic facilities, restrooms and group picnic facilities. C C C C C C C Parking garage or surface lot P P P Pet and pet supply store, including grooming services P P P Pest control services C C Pharmacies in conjunction with medical clinics P P P P Photocopying and duplicating services P P P P Photography equipment, sales, supplies P P P Physical fitness facility P P P Planing mills C Pool and spa sales, provided there is no outside storage of material P P P Post office and other courier or parcel delivery services P P P P Public benefit features pursuant to section 17.26.090 of the Bakersfield Zoning Ordinance P/D Public and private campgrounds and recreational vehicle parks Public and private utility administration P P P P Public utilities service yards, power plants or distributing stations P Public utility structures P/D P/D P/D C Radio, television and other consumer electronics store, including repair P P P Real estate development, sales, and property management services P P P P Real Estate tract sales office and model homes (in accordance with chapter 17.65 of Bakersfield Zoning Ordinance) P P P C P Record, tape, disk and other pre-recorded music and video store P P P Residential facility serving six or fewer persons P P P C Restaurant and related eating places, including drive through services and on-site alcohol sales when served together with and incidental to the serving of food, or in a cocktail lounge or bar which is an accessory use to the restaurant, including entertainment P P P P ZONING REGULATIONS 135 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Rest home, convalescent home, adult care facility, residential care facility as defined in Section 1502 of the Health and Safety Code of the State of California C C C P P Roominghouse P Rubber fabrication or products made from finished rubber P School –elementary or high C C C P P P P Scientific research and testing services C C C P Second dwelling unit (in accordance with chapter 17.65 of Bakersfield Zoning Ordinance) P P P P Secretarial and court reporting services P P P P Sewing, needlework and piece good store P P P Sheet metal shops P Shopping centers P P P Sidewalk use, including but not limited to outdoor seating, subject to issuance of an encroachment permit P P P P Skating rinks P P P Sporting goods, including bicycles, camping equipment, firearms, skiing and golf P P P Stone monument works P Storage spaces for transit and transportation equipment P Swap meets, flea markets and auction houses C C C Taxidermist P P P Telecommunications administration P P P P Television, radio and cable broadcasting stations P P P P Temporary offices not to exceed two years, plus one year extension subject to approval of planning commission P P P P Temporary promotional activities as defined in the Bakersfield Zoning Ordinance P P P Tennis courts, including associated clubhouse P P P P P Tire rebuilding, recapping and retreading plants C Title and escrow offices P P P P Tobacco store P P P Tool rental and equipment C P Townhomes P P P C P Trade, vocational or specialized school C P P P ZONING REGULATIONS 136 November 2007 LAND USE WMR1 WMR2 WMR3 WMCO WMGC WMTC WMSU Trails, Pedestrian, bicycle, equestrian. P P P P P P P Travel Agencies P P P P Truck repairing and overhauling shops P Trusts and investment agencies P P P P Used merchandise, including antiques, books, furniture, thrift shops, and pawnshops P P P Variety store P P P Veterinary services C P Veterinary (small animal only), excluding kennel services P P P Video arcade P P P Video disk/tape rental P P P Vocational and specialized schools providing technical and cultural training C P Warehouses C P Water pump station P/D P/D P/D P/D Welding, metal fabricating and blacksmith shops P Wholesale business, storage buildings and warehouses P PROJECT FINANCING 137 November 2007 14 PROJECT FINANCING 14.1 BACKGROUND California Government Code Section 65451 sets forth the basic content of specific plans and one of the requirements is to include information relating to project financing. 14.2 PROJECT FINANCING The development of the West Ming project, at full build out, will require the construction of infrastructure that is prohibitive to fund with the first phase of development, and therefore, the project will be developed in phases. Each phase’s infrastructure will be added to and complement the infrastructure developed before it. The build out of the project is anticipated to take approximately 20 years. The phasing plan as described in this Specific Plan may be adjusted, subject to Planning Director and Public Works Director review and approval to reflect changing market conditions or differing infrastructure needs. Once constructed, the infrastructure improvements will consist of elements for use by the general public, as well as elements for the exclusive use of the residents of the area. After construction, long-term maintenance of the improvements will be required, and the party bearing the obligation to maintain those improvements will vary depending on whether the improvement is for the general public or exclusively for the residents of the Specific Plan area. Although various techniques are available for financing the required infrastructure, the developer anticipates using private financing in conjunction with public financing for the development costs. Since as previously discussed, certain elements of the infrastructure will be for the use of the general public, public financing may be appropriate for these elements. The project developer shall be required, as a condition of approval of a final map of any phase or neighborhood, to secure the City's approval of the financing method proposed for both the development and maintenance of the improvement, if it is to be financed by any means requiring City approval. The selected public financing mechanism shall be approved by the City prior to the recordation of the final map. The selected financing mechanisms must be in place as required by the financing vehicle. If the City does not approve public financing, the developer must utilize private financing. Since the build out of the project is anticipated to take approximately 20 years, it is impossible to determine that far in advance any specific public financing tool that may be requested. The developer may use any of the listed funding mechanisms so long as it is PROJECT FINANCING 138 November 2007 done in compliance with City ordinances and State Law. Variables that are input into determining the viability of any public financing tool include: At this point in time, possible public financing tools include the following: 14.2.1 Special Assessment Districts Special Assessment Districts, such as those created under the Improvement Act of 1911, or the Municipal Improvement Act of 1913, and funded pursuant to the Improvement Bond Act of 1915, provide a method for long term financing of public infrastructure and facilities. The assessment district includes the area where the real property owners will benefit from the provision of the planned facilities. A lien based upon a formula for allocating benefit among the properties within the assessment district is placed against each parcel of property within the district. The public entity establishing the benefit assessment district issues and sells the bonds to finance the upfront costs of constructing the improvements. The bonds are then repaid over their term from assessments levied against the properties in the district in addition to the property taxes due. The assessments are collected with the property taxes on an annual basis and used to redeem the bonds that have been recorded as a lien against each property in the district. 14.2.2 Community Facilities Districts A Community Facilities District may be used to finance the planning, design, purchase, construction, or expansion of any real or other tangible property with an estimated useful life of at least five years. Examples of these facilities include, but are not limited to, parks and open space facilities, school sites and structures, libraries, public utility facilities, and other government facilities. 14.2.3 Community Services Districts A Community Services District can be used within a specific area to finance services associated with such items as traffic and circulation, street lighting, law enforcement, fire protection, and facility maintenance. They offer the opportunity to ensure the payment obligation rests with the area utilizing the infrastructure improvements. 14.2.4 Landscaping and Lighting Districts The Landscaping and Lighting Act of 1972 provides for the creation of assessment districts to finance the cost of installing and/or maintaining landscaping, lighting facilities and ornamental structures. Like a benefit assessment district, properties within the district are assessed a share of the costs to the district on the basis of the benefit provided to the real property. PROJECT FINANCING 139 November 2007 14.2.5 Debt Financing Statutory authority empowers public entities to issue a variety of securities/bonds to incur debt. The proceeds can be used for any public improvement for which the City would otherwise be authorized to spend City funds, where that expenditure is greater than the amount generally available from the annual tax levy. Examples include General Obligation Bonds, Revenue Bonds and Tax Allocation Bonds, amongst others. Use of this option will generally be limited to those improvements with a citywide benefit, where the desire is to install the improvement in advance of the City having the available cash for payment. 14.2.6 Development Agreement A development agreement is a contract between a local government and a developer. It specifies in detail the responsibilities of each side, and typically includes a commitment by the local government to vest rights to develop the project in accordance with the existing policies, rules and regulations, and a commitment by the developer to install or develop certain improvements, or to make certain payments. As stated in Government Code Section 65864: “The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.” 14.2.7 Utility Districts Utility districts, such as those that supply potable water, electricity, sewer, solid waste disposal, and communication facilities, are empowered to create their own bond indebtedness, based upon the ability to earn revenues from operations. In addition, bonds may be issued for the raising of money for capital improvement projects, within strict guidelines. Arrangements with existing utility districts may be made that utilize their funding methods, or the project developer may create its own utility district if feasible and appropriate (such as for the on-site sewer treatment plant). In this event, the availability of the bonding right of the created utility may be pursued. In addition, many utility companies charge user fees, which are payable at the time of initial hook-up to the utility, and constitute a one time charge by the utility for the provision of services to the user. The utility then uses these funds to expand, enlarge, maintain or modernize its facilities and service lines. The project developer is anticipating that financing arrangements with the utility districts will be required due to the enormous scope of work required in providing the infrastructure required by a project on the scale of the West Ming project. PROJECT FINANCING 140 November 2007 [This page intentionally left blank] MITIGATION MONITORING AND REPORTING PLAN November 2007 141 15 MITIGATION MONITORING AND REPORTING PLAN Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments MITIGATION MEASURES -The following mitigation measures are from the Recirculated Draft EIR. AGRICULTURAL RESOURCES 5.1A.1. The applicant shall mitigate loss of 2,182 acres of agricultural lands, on a one-to-one basis, by selecting one or more of the items described below. The applicant shall submit written verification of the applicant’s compliance with this mitigation measure to the Planning Director’s satisfaction at the time of recordation of final tract maps and parcel maps for urban development or support facilities as contemplated in the West Ming Specific Plan. Compliance with this condition may be phased as the project is developed. The amount of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. Funding and/or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 142 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. During the life of the project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternate program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance with the alternate program at the same time described above in the first paragraph. Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director’s approval, a combination of the selected mitigation measures, can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, MITIGATION MONITORING AND REPORTING PLAN November 2007 143 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land.” AIR QUALITY 5.2. B.1. Prior to grading plan approval, the applicant shall demonstrate to the City of Bakersfield and the San Joaquin Valley Air Pollution Control District that all construction activities and operations will comply with local zoning codes, and District Regulation VIII (Rules 8011-8081) and implementation of all other control measures (BACMs) as stated in GAMAQI. 5.2.C.1. Prior to the approval of building permits, the applicant shall comply with District Regulation II, specifically, the project will be subject to Best Available Control Technology (BACT) in accordance with the District’s New Source Review (NSR) Rule. As a part of the District permitting process, any emissions exceeding the District’s offsetting thresholds would have to be offset back to the thresholds on a stationary source by stationary source basis. Accordingly, these NSR Offsets will reduce ROG net emissions by 22.92 tons per year (from 90.97 tons per year to 68.05 tons per year) and reduce NOX net emissions by 14.00 tons per year (from 33.20 tons per year to 19.20 tons per year). Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 144 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments 5.2.C.2. Prior to the approval of building permits, the applicant shall comply in all respects with developer’s obligations under that certain Air Quality Mitigation Agreement approved by the San Joaquin Valley Air Pollution Control District, and entered into by and between the District and developer, a copy of which is contained within the appendices of the Air Quality Assessment in Appendix C of this Draft EIR. Developer’s compliance with the Air Quality Mitigation Agreement will result in a reduction of ROG, NOX, and PM10 net emissions to zero or in quantities sufficient to fully mitigate the project’s air quality impacts to the extent that the development of the project will result in no net increase in criteria pollutant emissions over the criteria pollutant emissions which would otherwise exist without the development of the project, all as verified by the San Joaquin Valley Air Pollution Control District. Accordingly, the Air Quality Mitigation Agreement will further reduce ROG net emissions by 68.05 tons per year (from 68.05 tons per year to 0 tons per year), will further reduce NOX net emissions by 19.20 tons per year (from 19.20 tons per year to 0 tons per year), and will reduce PM10 net emissions by 38.79 tons per year (from 38.79 tons per year to 0 tons per year). It should be restated that approximately 39.42 tons per year of ROG, 28.22 tons per year of NOx, and 43.28 tons per year of PM10, from onsite agricultural emissions will be subtracted from the proposed project emissions since they will phased out as the project is developed. Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 145 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments BIOLOGICAL RESOURCES 5.3.A.1. Prior to grading plan approval, the project applicant shall pay a Habitat Mitigation Fee in accordance with Section 15.78.030 of the City of Bakersfield Municipal Code and MBHCP. Planning Approved by _______________ on_____________ 5.3.A.2. Prior to grading plan approval on the approximately 2,182-acre site, the project proponent shall comply with all appropriate terms and conditions of the MBHCP to the City regarding San Joaquin kit fox. 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 implemented and include the following: • A pre-construction survey shall be conducted prior to site grading to search for active kit fox dens. The survey shall be conducted not more than 30 days prior to the onset of construction activities in areas subject to development to determine the necessity of den excavation. • Monitoring and excavation of each known San Joaquin kit fox den which cannot be avoided by construction activities. • Notification of wildlife agencies of relocation opportunity prior to ground disturbance in areas of known kit fox dens. • Excavations shall either be constructed with Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 146 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments escape ramps or covered to prevent kit fox entrapment. All trenches or steep-walled excavations greater than three feet deep shall include escape ramps to allow wildlife to escape. Each excavation shall contain at least one ramp, with long trenches containing at least one ramp every 0.25 mile. Slope of ramps shall be no steeper than 1:1. • 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 will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. • All employees, contractors, or other persons involved in the construction of the project shall attend a “tailgate” session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the life history of the protected species, reasons for special-status, a summary of applicable environmental law, and measures intended to reduce impacts. A report summarizing the date, time, and topics of the “tailgate” session, list of attendees and identification of qualified biologist conducting session shall be submitted to the Planning Director within 10 days of the “tailgate” session. • All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or MITIGATION MONITORING AND REPORTING PLAN November 2007 147 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments other animals. 5.3.A.3. Since kit foxes are known to exist in the general area, it is recommended that all construction personnel involved in initial ground disturbance receive sensitive species instruction prior to initial ground phases of construction. Any evidence, such as dens, should be avoided and reported to the reviewing agencies for resolution. Planning Approved by _______________ on_____________ 5.3.A.4. Prior to grading plan approval for the approximate 2,182-acre site, the project applicant shall comply with the following raptor nest mitigation: • If site grading is proposed during the avian nesting season (February to September), a focused survey for avian nests shall be conducted by a qualified biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. • If construction is proposed to take place during the nesting season (February to September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified biologist). Habitat containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October to January). • Preconstruction surveys shall include a survey for burrowing owl. If active burrowing owl burrows are detected outside of breeding Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 148 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments season (September 1 through January 31), passive and/or active relocation efforts may be undertaken if approved by CDFG and USFWS. If active burrowing owl burrows are detected during breeding season (February 1 through August 31), no disturbance to these burrows shall occur in accordance with the Migratory Bird Treaty Act. CULTURAL RESOURCES 5.4.A.1. Prior to grading plan approval within the project site, a qualified archaeologist shall attempt to find evidence of the previously recorded sites. If the qualified archaeologist finds evidence of the previous recorded sites, the resources shall be evaluated for significance and integrity using the criteria established in the CEQA Guidelines for unique cultural resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. If the resources are found found to be significant, specific measures shall be recommended. In addition, the grading plans shall state that archaeological monitoring by a qualified archaeologist and a Native American monitor shall take place during construction excavation activities at the locations of the 10 cultural sites and 26 isolates that were previously recorded on the site within the project site. The archaeologist shall prepare a summary report of the monitoring activities and findings. The report shall be submitted to the City of Bakersfield Planning Department and other appropriate agencies within 10 days of completion of monitoring. Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 149 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments If the qualified archaeologist does not find evidence of the previous recorded sites, the grading plans shall state that archaeological monitoring by a qualified archaeologist and a Native American monitor shall take place during construction excavation activities at the locations of the 10 cultural sites and 26 isolates that were previously recorded on the site within the project site. The archaeologist shall prepare a summary report of the monitoring activities and findings. The report shall be submitted to the City of Bakersfield Planning Department and other appropriate agencies within 10 days of completion of monitoring. Following are the specific measures. • The archaeological monitor shall attend a pregrade meeting to explain the role of the monitor during grading activities. • If cultural resources are detected within the project area, the cultural resources must be recorded using appropriate State record forms (DPR523 series) and following guidelines in the California Office of Historic Preservation’s handbook “Instructions for Recording Historical Resources.” The archaeologist will then submit two (2) copies of the completed DPR523 forms to the Southern San Joaquin Valley Information Center for the assignment of trinomials. • If cultural resources are detected within the survey areas, they must be evaluated for significance and integrity using criteria established in the CEQA Guidelines for unique MITIGATION MONITORING AND REPORTING PLAN 150 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments cultural resources and/or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. • If cultural resources are found within the project footprint, appropriate mitigation measures and recommended conditions of approval must be developed to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and/or National Historic Preservation Act Section 106 guidelines. • A technical resources management report is required. The report must document the inventory, evaluation, conclusions and mitigation recommendations. Submit two copies of the completed report, with original illustrations, to the Southern San Joaquin Valley Information Center for permanent archiving. 5.4.C.1. Prior to grading plan approval, the grading plans shall state that paleontological monitoring shall take place during construction excavation activities that result in excavations of six feet below ground surface or greater within the project site. Following are the specific measures. • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 151 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository. • Submit a summary report to the City of Bakersfield. Transfer collected specimens with copy of report to the repository. 5.4.D.1 -Prior to grading plan approval, the grading plans shall state that if human remains are encountered on the project site, the Kern County Coroner’s Office shall be contacted within 24 hours of the find, and all work in the immediate vicinity shall be halted until a clearance is given by that office and any other involved agencies. Planning Approved by _______________ on_____________ GEOLOGY AND SOILS 5.5.A.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the project applicant shall conduct additional liquefaction studies in the northwestern corner of the project site (i.e., in the vicinity of the existing recharge ponds) during recharge periods to fully evaluate liquefaction impacts on specific development projects in this area of the site. Based on the findings of these studies, site specific designs shall be incorporated in the grading and building plans to reduce onsite liquefaction impacts. The Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 152 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments scope of the liquefaction studies, findings, and recommendations to reduce liquefaction shall be reviewed and require approval by the City of Bakersfield Public Works and Building Departments prior to grading and building plan approvals. 5.5.B.1. Prior to grading plan approval, an erosion control plan for construction activities that describe the best management practices (BMPs) that will be used to reduce the potential for soil erosion and loss of top soil. The erosion control plan shall be submitted to the City of Bakersfield Public Works Department for review and approval. The BMPs could include soil stabilizers and silt fencing as well as other measures. Public Works Approved by _______________ on_____________ HAZARDOUS AND HAZARDOUS MATERIALS 5.6.F.1 . Prior to site plan approval, applicant shall provide evidence that future active oil wells and associated equipment will meet the California Division of Oil, Gas and Geothermal Resources regulations and public health and safety regulations, or provide other assurances that residents and visitors will not be exposed to health hazards from the routine transport, use, or disposal of hazardous materials, prior to development of affected portions of the project. Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 153 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments 5.6.F.2. Prior to grading plan approval where there is an existing drilling and/or production operations of exploration oil wells and including disposal wells, the project applicant shall have the locations surveyed, located, and marked by a licensed land surveyor or civil engineer authorized to practice land surveying. A map shall be furnished to the Office of Environmental Services showing how all existing petroleum related facilities will be protected and integrated into the proposed development. The California Division of Oil, Gas and Geothermal Resources and the City of Bakersfield development standards shall be met. Public Works Approved by _______________ on_____________ 5.6.F.3 . Prior to grading plan approval, all drilling and production activities shall be subject to all fire and safety regulations as required by the Bakersfield City Fire Department. The City Code 15.66.040 and 15.66.080 Well Site Development Standards Setback states that no petroleum well shall be drilled nor shall any storage tank and other production related structures be located within: • 75 Feet of the right-of way of any dedicated public street, highway, railroad or private street, or adopted specific plan line of any street or highway; • No streets may be constructed within 75 feet of any oil well unless it has been properly abandoned; • 100 Feet of any building including dwellings, except buildings incidental to the operation of Fire Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 154 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments the well; • 300 Feet of any public assembly; • 25 Feet of a storage tank or boilers, fired heaters, open flame devices or other sources of ignition; • A solid masonry wall 8 feet high shall encompass the entire well site. Two gates, as nearly opposite as possible to each other shall be installed; • Pipelines utilized for all petroleum related operations shall be buried a minimum of 3 feet below grade. 5.6.F.4 . The Pipeline Development Policy of the City of Bakersfield Fire Department is as follows: • No habitable portion of a structure may be built within 50 Feet of a gas main, or transmission line, or refined liquid product line with 36 inches of cover; • No structure may be within 40 Feet of a hazardous liquids pipeline bearing refined product, with 48 inches or more of cover; • No habitable portion of a structure may be built within 30 Feet of a crude oil pipeline operation at 20% of it’s design strength; • Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this tract, or portion thereof, which are within 250 Feet of any gas transmission lines. Covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, the subdivider shall submit Fire Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 155 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments and obtain approval of covenant wording with the City Attorney, Office of Environmental Services and City Engineer. 5.6.G.1. Prior to recordation of a final map, any abandoned wells within the grading envelope shall have the surface area returned to its natural condition including but not limited to cleaning all oil, oil residues, drilling fluids, mud and other substances; leveling, grading or filling of sumps, ditches, and cellars including removal of all lining material to the satisfaction of the Department of Oil, Gas and Geothermal Resources. Public Works Approved by _______________ on_____________ 5.6.G.2. Prior to recordation of a final map, all stained soils observed within the grading envelope near the active water wells, idle water wells, and former water wells shall be shall be tested. If the soils are found to be hazardous, the soils shall be disposed of in accordance with applicable federal, state and local regulations. The applicant shall provide the City with evidence that any hazardous soils found onsite have been disposed of in accordance with federal, state, and local laws. Office of Environmental Services Approved by _______________ on_____________ 5.6.G.3. Prior to recordation of a final map, a written verification shall be obtained from the Department of Oil, Gas and Geothermal Resources that abandoned wells within the grading envelope were properly abandoned pursuant to their regulations. The written verification shall be submitted to the City. Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 156 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments 5.6.G.4. Prior to recordation of final map, any lot or parcel within the grading envelope containing an abandoned well shall be encumbered with a deed restriction specifying the exact location of said well and prohibiting any construction within said 10 feet of an abandoned oil well. This is required by the City Municipal Code 15.66.080, Development encroachment in petroleum areas. Public Works Approved by _______________ on_____________ 5.6.G.5. Prior to recordation of a final map, information on the location of the pipelines and any information regarding safety concerns of these pipelines shall be provided to the Bakersfield City Fire Department. Prior to grading activities, Pacific Gas and Electric Company and/or any other company with pipelines running through the affected portions of the project site shall be notified of the construction activity within the corresponding easement. If any pipelines have any problems or if a pipeline is ruptured during development, the Bakersfield City Fire Department shall be notified. Public Works Approved by _______________ on_____________ 5.6.G.6. If during grading and construction, a pipeline accident occurs or potential unknown buried hazardous materials are found, and/or if unidentified materials are discovered in the testing of the soil, health and safety procedures shall be implemented. These procedures shall include, at a minimum, emergency medical, evacuation of the site and/or threatened area, and notification action. Notification shall include but not be limited to the following agencies: The City of Bakersfield, Department of Toxic Substance Control (DTSC), Bakersfield City and/or County Fire Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 157 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments Fire Department, and the Regional Water Quality Control Board (RWQCB). Evacuation and determination regarding the type of contamination encountered and best course of action would be determined by the ranking official and the required mediation measures shall be implemented. 5.6.G.7. Prior to grading and building plan approvals, the grading and building plans shall state that all work will stop immediately if any unknown odorous or discolored soil or other possible hazardous materials arise during any part of the testing, grading, or construction on the project site. Building Approved by _______________ on_____________ Public Works Approved by _______________ on_____________ 5.6.H.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, soil testing shall be performed on the lands within the grading envelope to determine the level of residue for pesticides, herbicides, chemicals, and associated metals. If residue is found to be within acceptable amounts per the Kern County Environmental Health Department (KCEHD) and Environmental Protection Agency/Department of Toxic Substance Control (DTSC) standards then grading and construction may begin. If the residue is found to be greater than the KCEHD and DTSC standards, all contaminated soils exceeding the acceptable limits shall be remediated and/or properly disposed of per KCEHD and DTSC requirements. An appropriate verification closure Engineering Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 158 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments letter from KCEHD and DTSC shall be obtained and submitted to the City of Bakersfield. Depending on the extent of contaminated soils, a verification closure letter from the California Regional Water Quality Control Board may also need to be submitted to the City of Bakersfield. Site remediation can occur by the use of on-site transportable thermal treatment units or bioremediation. The soil can also be excavated and shipped off-site to fixed incineration or bioremediation facilities. The preliminary report shall be submitted with said application. The report, findings and recommendations shall be submitted for approval by the Fire Department, prior to recordation of a final map or approval of a development plan. 5.6.I.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the onsite subsurface irrigation piping within the grading envelope shall be tested to determine if Asbestos Containing Materials are present in the piping. If Asbestos Containing Materials are present, a plan shall be prepared to identify how the piping will be removed and disposed of during grading activities. The applicant shall provide the City with evidence that any piping with Asbestos Containing Materials was disposed of in accordance with federal, state, and local laws. The preliminary report shall be submitted with said application. The report, findings and recommendations shall be submitted for approval by the Fire Department, prior to recordation of a Fire Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 159 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments final map or approval of a development plan. 5.6.J.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the soils beneath the existing pole-mounted transformers within the grading envelope shall be tested. If the soils are found to be hazardous, the soils shall be disposed of in accordance with applicable federal, state and local regulations. The applicant shall provide the City with evidence that any hazardous soils found onsite have been disposed of in accordance with federal, state, and local laws. The preliminary report shall be submitted with said application. The report, findings and recommendations shall be submitted for approval by the Fire Department, prior to recordation of a final map or approval of a development plan. Fire Approved by _______________ on_____________ 5.6.K.1. Prior to grading plan approval, the handling and storage of hazardous and acutely hazardous materials shall be restricted to less than threshold planning quantities within 1,000 feet of sensitive receptors which include residential areas, schools, daycare centers, hospital, convalescent homes and other large immobile populations. Sensitive receptors shall not be approved within zones of cancer risk identified by a health risk assessment of greater than 10 in 1,000,000. Office of Environmental Services Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 160 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments HYDROLOGY AND WATER QUALITY 5.7.A.1. Prior to grading plan approval, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that conforms to the State Water Resources Control Board NPDES permit in which the City of Bakersfield is a co-permitee. The SWPPP shall specify Best Management Practices (BMPs) to prevent construction-related pollutants from reaching storm water and all products of erosion from moving off-site. A Notice of Intent (NOI) must be filed with the State Water Resources Control Board and a copy of the submitted NOI must be provided to the City of Bakersfield Planning Department, prior to the approval of grading plans.” Public Works Approved by _______________ on_____________ 5.7.E.1. Concurrently with submittal of a tentative subdivision map application or other development plan in the northwestern corner of the project site, whichever occurs first, the project applicant shall submit and receive approval of a lake management plan for the proposed 5-acre lake. The management plan shall provide specific methods to achieve a balanced aquatic ecosystem and an aesthetically pleasing lake with minimal insect infestations and uncontrolled algae blooms. The implementation of these methods shall result in water quality that can support the proposed uses of the lake. In addition, the management plan shall provide information on the personnel responsibilities of the long-term maintenance of the lake as well as the entity that will assume financial responsibility for the long-term Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 161 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments management of the lake. 5.7.F.1. Prior to recordation of a final map, or as otherwise determined by the Building Director, for onsite areas that are currently in 100-year flood hazard area, the project applicant is required to obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency (FEMA). The LOMR shall identify that the area of the proposed development has been removed from the Zone A FEMA designation and submitted to the City of Bakersfield Building Department. Based on the Flood Study prepared by McIntosh and Associates in May 2005, the following improvements are required to remove the majority of the project site from the Zone A FEMA designation. Along the northern boundary of the site, the recently constructed levee shall be extended along Ming Avenue to intersect the proposed West Beltway. The recommended elevation at the intersection, based on the Revised Conditions Model, is 354.0 feet. From the northwestern boundary of the project site, the levee system shall continue to be constructed along the westerly boundary of the site along the proposed West Beltway alignment to 2,800 feet south of the Kern River Canal where it would blend into the natural ground elevation of approximately 349.0 feet. This portion of the levee may be a separate embankment or it may be incorporated into the proposed Beltway. In either case, the project applicant shall construct the Building Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 162 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments levee in accordance with the FIRM -2 evaluation in the Flood Study prepared by McIntosh and Associates in May 2005. The evaluation established the water surface elevation for the 100-year frequency event. The required levee elevation to meet the requirements of the FEMA is three-feet above the water surface elevation. Due to the need for the Kern River Canal to extend through the future West Beltway alignment, the project applicant shall raise the existing canal levee east of the proposed West Beltway alignment to elevation 351.6 feet and maintain that elevation until the levee blends into the existing embankment at elevation 351.6 feet. 5.7.F.2 . Prior to recordation of a final map, or as otherwise determined by the Building Director, for the small area of the southwestern portion of the site that is currently within a 100-year flood hazard area, specific improvements to remove this area from the Zone A FEMA designation are required to be submitted to FEMA for approval and then submitted to the City of Bakersfield Building Department. Building Approved by _______________ on_____________ NOISE 5.8.A.1. Prior to tentative tract map approval,, a noise analysis shall be conducted to determine the setbacks and/or noise barriers that are required to comply with the City’s 65 dB CNEL exterior and 45 dB CNEL interior noise standards along West Beltway, and White Lane. It is assumed that a 6-foot high soundwalls and/or setbacks on the project site along South Allen Road, Ming Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 163 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments Avenue, and Buena Vista Road, would be adequate to reduce onsite noise levels to meet the City’s exterior and interior noise level standards. Furthermore, if interior noise standards are to be met with windows and doors closed, the specific proposed residential and/or school buildings that require mechanical ventilation shall be determined in a noise analysis. Specific lot design and site grading would need to be evaluated in the noise analysis to determine the specific noise attenuation recommendations. 5.8.C.1. Prior to site plan approval for commercial and industrial uses adjacent to residential uses, the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City’s noise level performance standards. If commercial and industrial uses are proposed adjacent to residential uses, appropriate measures would include setbacks, sound barrier, or a combination of both. Planning Approved by _______________ on_____________ 5.8.C.2. Prior to City approval (conditional use permit, site plan, building permit, fire department permit, etc.) for the construction of an oil well adjacent to sensitive land uses, the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City’s noise level performance standards. If sensitive land uses are proposed to adjacent existing oil wells, appropriate measures would include setbacks, sound barrier, or a combination of both. If oil wells are proposed Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 164 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments adjacent to existing sensitive land uses, the engines associated with the oil wells could be converted to electric motors, sound barriers could be used, or setbacks could be established. 5.8.D.1. Prior to tentative tract map approval for the proposed active park and related park facilities adjacent to sensitive uses ,the project applicant shall conduct a noise study to determine the appropriate measures to reduce potential noise levels to meet the City’s noise level performance standards. If the proposed active parks or related park facilities are proposed adjacent to sensitive use areas, appropriate measures would include setbacks, sound barrier, or a combination of both. Planning Approved by _______________ on_____________ 5.8.E.1. Prior to grading plan approval, the grading plans shall state that construction activities associated with development of the project site would be required to be in conformance with Section 9.22.050 of the City of Bakersfield Municipal Code which limits construction to the hours of 6 a.m. to 9 p.m. on weekdays, and between 8 a.m. and 9 p.m. on weekends, where construction occurs less than 1,000 feet from residences. Planning Approved by _______________ on_____________ 5.8.E.2. Prior to grading plan approval, the grading plans shall state that construction equipment shall be equipped with mufflers and maintained in accordance with the equipments’ factory specifications. During construction activities, the construction equipment muffler and maintenance records shall be onsite. Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 165 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments PUBLIC SERVICES 5.9.C.1. Prior to the issuance of building permits, the project applicant shall pay Panama-Buena Vista Union School District and Kern High School District adopted development impact school fees in accordance with the statutory fees that are in effect at the time of issuing each permit. TRANSPORTATION 5.11.A.1. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program as well as paying the proportional share for local mitigation improvements (those not covered by the RTIF). The intersection and roadway improvements that are required with the proposed project are as follows. The timing of these improvements are estimated below; however, all of these improvements shall be completed as the significance thresholds are reached. (Regional Transportation Impact Fee -Regional Mitigation) Prior to the issuance of building permits, the project applicant shall a) participate in the current, full RTIF program as modified by the Construction Cost Index (CCI) or b) mitigate everything to Level of Service C through the payment of their calculated Regional Impact Fee and pay a local transportation impact mitigation fee. For the calculated Regional Impact Fee, the applicant shall submit revised funding Traffic Engineering Approved by _______________ on_____________ Caltrans Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 166 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments calculations for all improvements associated with the RTIF program pursuant to Table 10 from the project traffic study, and in accordance with Bakersfield Municipal Code Section 15.84.040, which includes the policies of the program administrator. (Local Mitigation) For impacted intersections and segments subject to fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision, updated estimates shall be submitted and approved. The local mitigation fee shall be based upon the proponent’s share of the cost to upgrade the affected facilities to Level of Service C, and shall be adjusted annually by the CCI in the same manner as the Regional Transportation Impact Fee. The cost of the upgrade shall be the City’s costs and shall include, but not be limited to, all costs of obtaining and clearing right-right-of-way, all utility relocations, and all construction. Construction shall include but not limited to: curb, gutter, sidewalk, pavement, signal modification, landscape and wall replacement, drive approaches, catch basin replacement, additional storm drain where necessary, streetlights, striping and signing. Unit costs used in the traffic study may be outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant shall participate in the improvements required on a pro-rata, fair share basis, prior to the issuance of building permits, based upon the approved estimates. It is the Public Works Department’s decision as to which methodology adequately mitigates the cumulative traffic impacts associated with the project to a MITIGATION MONITORING AND REPORTING PLAN November 2007 167 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments level of less than significant. Year 2015 Intersection • Allen Road and Westside Parkway Westbound Ramps -Construct one southbound through lane. • Allen Road and Westside Parkway Eastbound Ramps -Install signal and construct two southbound left turn lanes. • Ming Avenue and Project Entrance No. 1 -Provide all-way-stop. • Ming Avenue and South Allen Road -Install signal. • Ming Avenue and Ashe Road -Construct one southbound right turn lane. • South Allen Road and Chamber Boulevard -Install signal. • South Allen Road and Project Entrance No. 2 -Install signal. • White Lane and Campus Park Drive -Install signal. • White Lane and South Allen Road -Construct one eastbound left turn lane, one eastbound right turn lane, one westbound left turn lane, one southbound right turn lane, one eastbound through lane, two westbound through lanes, one southbound through lane, and provide overlapping phase for westbound and northbound right turn lane. • White Lane and Windermere Street -Install MITIGATION MONITORING AND REPORTING PLAN 168 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments signal. • White Lane and Buena Vista Road -Construct two eastbound though lanes and one northbound left turn lane. • South Allen Road and Campus Park Drive -Install signal. • Buena Vista Road and Campus Park Drive -Construct one southbound through lane, one eastbound left turn lane, and one eastbound through lane. • Panama Lane and Northbound Ramps West Beltway -Construct one eastbound through lane and one northbound left turn lane. • Panama Lane and South Allen Road -Construct one westbound right turn lane and one southbound right turn lane. • Panama Lane and Buena Vista Road -Construct one southbound left turn lane. • Panama Lane and Ashe Road -Construct one northbound through lane. Roadway Segment • Stockdale Highway -Gosford Road to Ashe Road -Add two lanes. • Allen Road -Stockdale Highway to Ming Avenue -Add two lanes. • South Allen Road -Ming Avenue to Chamber Boulevard -Add two lanes. • South Allen Road -Chamber Boulevard to White Lane -Add two lanes. • South Allen Road -White Lane to Campus Park Drive -Add two lanes. MITIGATION MONITORING AND REPORTING PLAN November 2007 169 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • South Allen Road -Campus Park Drive to Pacheco -Add two lanes. • South Allen Road -Harris Road to Panama Lane -Add two lanes. • Buena Vista Road -White Lane to Campus Park Drive -Add two lanes. • Buena Vista Road -Campus Park Drive to South Project Entrance -Add two lanes. • Buena Vista Road -South Project Entrance to Panama Lane -Add two lanes. Year 2030 Intersection • Calloway Drive and Westside Parkway Westbound Ramps -Construct one southbound right turn lane. • Calloway Drive and Westside Parkway Eastbound Ramps -Construct one northbound right turn lane. • Stockdale Highway and Buena Vista Road -Construct one eastbound right turn lane. • Stockdale Highway and Old River -Provide overlapping phase for westbound right turn lane. • Ming Avenue and Project Entrance No. 1 -Install signal and construct one eastbound right turn lane, one westbound left turn lane, one northbound right turn lane, and one eastbound through lane. • Ming Avenue and South Allen Road -Construct one northbound left turn lane, one MITIGATION MONITORING AND REPORTING PLAN 170 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments southbound left turn lane, one eastbound through lane, one westbound through lane, one northbound through lane, one southbound through lane, and provide overlapping phase for northbound right turn lane and eastbound right turn lane. • Ming Avenue and Buena Vista Road -Construct one eastbound through lane. • Ming Avenue and Gosford Road -Provide overlapping phase for eastbound right turn lane. • South Allen Road and Chamber Boulevard -Construct one eastbound left turn lane, one westbound left turn lane, two northbound left turn lanes, one southbound left turn lane, one southbound right turn lane, one northbound through lane, and one southbound through lane. • South Allen Road and Project Entrance No. 2 -Construct one northbound left turn lane, one northbound through lane, and one southbound through lane. • White Lane and Campus Park Drive -Construct one eastbound right turn lane, one eastbound through lane, two westbound through lanes, and one southbound through lane. • White Lane and South Allen Road -Construct one northbound left turn lane, one southbound left turn lane, one eastbound through lane, one southbound through lane, one northbound through lanes, and provide overlapping phase for southbound right turn lane. • White Lane and Windermere Street -Construct one westbound left turn lane, one westbound MITIGATION MONITORING AND REPORTING PLAN November 2007 171 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments right turn lane, one northbound left turn lane, one northbound right turn lane, one southbound right turn lane, one eastbound through lane, and one westbound through lane. • White Lane and Buena Vista Road -Construct one westbound left turn lane, one northbound through lane, and one southbound through lane. • White Lane and Gosford Road -Construct one westbound through lane. • South Allen Road and Campus Park Drive -Construct two eastbound left turn lanes, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one northbound right turn lane, one southbound left turn lane, one southbound right turn lane, and one northbound through lane. • Buena Vista Road and Campus Park Drive -Construct one westbound right turn lane, one northbound left turn lane, and one southbound right turn lane. • South Allen Allen Road and South Allen Entrance -Install signal. • Old River Road and Harris Road -Construct one eastbound left turn lane and one westbound left turn lane. • Buena Vista Road and South Project Entrance -Install signal. • South Allen Road and Harris/Pensinger Road -Construct one northbound through lane. • Gosford Road and Harris Road -Construct one northbound through lane. MITIGATION MONITORING AND REPORTING PLAN 172 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Panama Lane and Buena Vista Road -Construct one westbound left turn lane and one southbound through lane. Roadway Segment • Stockdale Highway -Buena Vista Road to Old River Road -Add two lanes. • Ming Avenue -Ming Avenue Project Entrance to South Allen Road -Add two lanes. • Ming Avenue -South Allen Road to Buena Vista Road -Add two lanes. • Ming Avenue -Old River Road to Ashe Road -Add two lanes. • Ming Avenue -New Stine Road to Old Stine Road -Add two lanes. • White Lane -West Beltway to Allen Road -Add two lanes. • Allen Road -Rosedale Highway to Brimhall Road -Provide for divided roadway. • Allen Road -Brimhall Road to Westside Parkway Westbound Ramps -Add two lanes. • Allen Road -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps -Add two lanes. • Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway -Add two lanes. • Allen Road -Stockdale Highway to Ming Avenue -Provide for divided roadway. • South Allen Road -Ming Avenue to Chamber Boulevard -Provide for divided roadway. • South Allen Road -Chamber Boulevard to White Lane -Add two lanes and provide for MITIGATION MONITORING AND REPORTING PLAN November 2007 173 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments divided roadway. • South Allen Road -White Lane to Campus Park Drive -Add two lanes. • South Allen Road -Campus Park Drive to Pacheco -Add two lanes. • Buena Vista Road -Ming Avenue to Chamber Boulevard -Add two lanes. • Buena Vista Road -Chamber Boulevard to White Lane -Add two lanes. • Buena Vista Road -White Lane to Campus Park Drive -Add two lanes and provide for divided roadway. • Buena Vista Road -Campus Park Drive to South Project Entrance -Provide for divided roadway. • Buena Vista Road -South Project Entrance to Panama Lane -Provide for divided roadway. • Coffee Road -Rosedale Highway to Brimhall Road -Add two lanes. • Gosford Road -Harris Road to Panama Lane -Add two lanes. UTILITIES AND SERVICE SYSTEMS 5.12.B.1. Prior to the issuance of building permits for the onsite water facilities (i.e., water lines and water wells), the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 174 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the water wells are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the water well pump would require an air permit from the District. 5.12.C.1. Prior to the recordation of final maps, the project applicant shall demonstrate to the City of Bakersfield Public Works Department that the existing sewer trunk lines and the existing sewer lift station on White Lane are adequate to accommodate project flows. If the development of the individual tracts result in the exceedance of the capacities of the existing facilities, the existing facilities shall be expanded or new facilities shall be constructed to adequately serve the proposed tract. Public Works Approved by _______________ on_____________ 5.12.C.2. Prior to the issuance of building permits, the project applicant shall pay sewer connection fees to the City of Bakersfield Public Works Department. The fees would be used to provide adequate sewer facilities to convey wastewater from the project site to Wastewater Treatment Plan No. 3 as well as contribute to the cost to increase the capacity of the treatment plant. Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 175 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments 5.12.C.3. Prior to the issuance of building permits for the onsite and offsite sewer facilities, the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with any sewer lift stations are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the lift station would require an air permit from the District. Public Works Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 176 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments 5.12.E.1. Prior to the issuance of building permits for the onsite drainage facilities, the construction and operational impacts such as noise, traffic, and air emissions on adjacent land uses need to be adequately addressed in accordance with the CEQA Guidelines. Construction activities are required to occur at times specified in the Municipal Code as well as ensure that mufflers are on the construction equipment. Operational noise levels associated with the drainage pumps are required to be in conformance with the City of Bakersfield Noise Performance Standards. Traffic management plans need to be implemented to ensure adequate safety during construction activities. Finally, construction air emissions are required to be reduced according to the San Joaquin Valley Air Pollution Control District Guidelines and long term emissions associated with the drainage pumps would require an air permit from the District. Public Works Approved by _______________ on_____________ CUMULATIVE IMPACTS Transportation And Traffic 6.3.11.A.1. Prior to the issuance of building permits, the project applicant shall participate in the Regional Transportation Impact Fee (RTIF) program as well as paying the proportional share for local mitigation improvements (those not covered by the RTIF). The intersection and roadway improvements that are required with cumulative development in the years 2015 and 2030 are as follows: (Regional Transportation Impact Fee -Regional Mitigation) Prior to the issuance of building Traffic Engineering Approved by _______________ on_____________ Caltrans Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 177 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments permits, the project applicant shall a) participate in the current, full RTIF program as modified by the Construction Cost Index (CCI) or b) mitigate everything to Level of Service C through the payment of their calculated Regional Impact Fee and pay a local transportation impact mitigation fee. For the calculated Regional Impact Fee, the applicant shall submit revised funding calculations for all improvements associated with the RTIF program pursuant to Table 10 from the project traffic study, and in accordance with Bakersfield Municipal Code Section 15.84.040, which includes the policies of the program administrator. (Local Mitigation) For impacted intersections and segments subject to fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision, updated estimates shall be submitted and approved. The local mitigation fee shall be based upon the proponent’s share of the cost to upgrade the affected facilities to Level of Service C, and shall be adjusted annually by the CCI in the same manner as the Regional Transportation Impact Fee. The cost of the upgrade shall be the City’s costs and shall include, but not be limited to, all costs of obtaining and clearing right-of-way, all utility relocations, and all construction. Construction shall include but not limited to: curb, gutter, sidewalk, pavement, signal modification, landscape and wall replacement, drive approaches, catch basin replacement, additional storm drain where necessary, streetlights, striping and signing. Unit costs used in the traffic study MITIGATION MONITORING AND REPORTING PLAN 178 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments may be outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant shall participate in the improvements required on a pro-rata, fair share basis, prior to the issuance of building permits, based upon the approved estimates. It is the Public Works Department’s decision as to which methodology adequately mitigates the cumulative traffic impacts associated with the project to a level of less than significant. Year 2015 Intersections • Rosedale Hwy & Allen Road -Construct one northbound through lane. • Rosedale Highway and Calloway Drive -Construct one northbound left turn lane, one northbound right turn lane, and one eastbound through lane. • Rosedale Highway and Coffee Road -Construct one eastbound through lane and one westbound through lane. • Brimhall Road and Allen Road -Construct one southbound through lane • Allen Roadway and Westside Parkway Westbound Ramps -Install signal. • Calloway Drive and Westside Parkway Westbound Ramps -Install signal. • Calloway Drive and Westside Parkway Eastbound Ramps -Install signal. • Coffee Road and Westside Parkway Westbound Ramps -Install signal. • Coffee Road and Westside Parkway Eastbound MITIGATION MONITORING AND REPORTING PLAN November 2007 179 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments Ramps -Install signal. • Ming Avenue and South Allen Road -Provide all-way-stop. • Ming Avenue and Gosford Road -Construct one westbound right turn lane and one northbound right turn lane -“Providing Full expansion per COB std Det T-4.” • Ming Avenue and Ashe Road -Construct one eastbound right turn lane and one northbound right turn lane. • Ming Avenue and New Stine Road -Construct one southbound right turn lane. • Buena Vista Road and Chamber Blvd. -Install signal. • White Lane and South Allen Road -Install signal. • White Lane and Buena Vista Road -Construct one southbound left turn lane and one southbound through lane. • White Lane and Ashe Road -Construct one eastbound left turn lane and one westbound left turn lane. • White Lane and Wilson Road -Construct one southbound right turn lane. • White Lane and Wible Road -Construct one westbound through lane. • Buena Vista Road and Campus Park Drive -Install signal. • South Allen Road and Harris/Pensinger Road -Install signal. MITIGATION MONITORING AND REPORTING PLAN 180 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Panama Lane and West Beltway Southbound Ramps -Install signal and construct one westbound left turn lane, two southbound right turn lanes, and one eastbound through lane. • Panama Lane and West Beltway Northbound Ramps -Install signal and construct two eastbound left turn lanes, one westbound right turn lane, one northbound right turn lane, and one westbound through lane. • Panama Lane and South Allen Road -Install signal and construct two eastbound left turn lanes, one westbound left turn lane, one northbound left turn lane, two southbound left turn lanes, one westbound through lane, and one eastbound through lane. • Panama Lane and Windermere Street -Construct one eastbound through lane and one westbound through lane. • Panama Lane and Buena Vista Road -Install signal and construct one eastbound left turn lane, one westbound left turn lane, one westbound right turn lane, one northbound left turn lane, one southbound left turn lane, and one eastbound through lane. • Panama Lane and Mountain Vista Drive -Construct one eastbound through lane and one westbound through lane. • Panama Lane and Gosford Road -Construct one northbound through lane and one southbound left turn lane. • Panama Lane and Reliance Drive -Install signal. • Panama Lane and Ashe Road -Install signal MITIGATION MONITORING AND REPORTING PLAN November 2007 181 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments and construct one southbound left turn lane. • Panama Lane and Wible Road -Construct one westbound through lane, one southbound through lane, and provide overlapping phase for northbound right turn lane. • McCutchen Road and Buena Vista Road -Provide all-way-stop. Roadway Segments • Buena Vista Road -Panama Lane to McCutchen Road -Add two lanes. • Calloway Drive -Brimhall Road to WB Westside Parkway -Add two lanes • Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps -Add two lanes • Calloway Drive -Westside Parkway Eastbound Ramps to Stockdale Highway -Add two lanes • Coffee Road -Brimhall Road to Westside Parkway Westbound Ramps -Add two lanes. • Coffee Road -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps -Add two lanes. • Gosford Road -Panama Lane to McCutchen Road -Add two lanes. • Rosedale Highway -Calloway Drive to Coffee Road -Add two lanes. • Stockdale Highway -Enos Road to Nord Avenue -Construct divided roadway. • Stockdale Highway -Nord Avenue to Wegis MITIGATION MONITORING AND REPORTING PLAN 182 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments Road -Add two lanes. • Stockdale Highway -Wegis Road to Heath Road -Add two lanes • Stockdale Highway -East of New Stine Road -Add two lanes. • Ming Avenue -West Beltway to Ming Project Entrance -Construct two lane roadway • Ming Avenue -Ming Project Entrance to South Allen Road -Construct two lane roadway • Ming Avenue -South Allen Road to Buena Vista Road -Construct two lane roadway. • Ming Avenue -Ashe Road to New Stine Road -Add two lanes. • White Lane -West Beltway to South Allen Road -Construct two lane roadway. • White Lane -South Allen Road to White Lane Project Entrance -Construct two lane roadway. • White Lane -White Lane Entrance to Buena Vista Road -Construct two lane roadway. • White Lane -Wible Road to SR 99 Southbound Ramps -Add two lanes. • Panama Lane -Gosford Road to Ashe Road -Add two lanes, construct as divided roadway. • Panama Lane -Stine Road to Wible Road -Add two lanes. • Allen Road -Rosedale Highway to Brimhall Road -Add two lanes • Allen Road -Brimhall Road to Westside Parkway Westbound Ramps -Add two lanes. • Allen Road -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps MITIGATION MONITORING AND REPORTING PLAN November 2007 183 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments -Add two lanes. • Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway -Add two lanes. • South Allen Road -Ming Avenue to Chamber Boulevard -Construct two lane roadway • South Allen Road -Chamber Boulevard to White Lane -Construct two lane roadway • South Allen Road -White Lane to Campus Park Drive -Construct two lane divided roadway • South Allen Road -Campus Park Drive to Pacheco -Construct two lane divided roadway • South Allen Road -Pacheco Road to Harris Road -Construct four lane roadway • South Allen Road -Harris Road to Panama Lane -Construct two lane divided roadway • South Allen Road -Panama Lane to McCutchen Road -Construct two lane roadway. Year 2030 Intersections • Buena Vista Road and Harris/Pensinger Road -Install signal. • Hageman Road and Calloway Drive -Construct one northbound through lane and one southbound through lane. • Rosedale Highway and Calloway Drive -Construct one eastbound left turn lane and one westbound left turn lane. MITIGATION MONITORING AND REPORTING PLAN 184 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Rosedale Highway and Coffee Road -Construct one eastbound right turn lane, one westbound left turn lane, one northbound left turn lane, and provide overlapping phase for northbound right turn lane. • Rosedale Highway & Allen Road -Construct one southbound left turn lane. • Brimhall Road and Allen Road -Construct one southbound left turn lane. • Brimhall Road and Jewetta Avenue -Construct one southbound through lane. • Brimhall Road and Calloway Drive -Construct one southbound through lane. • Brimhall Road and Coffee Road -Construct one northbound left turn lane. • Allen Roadway and Westside Parkway Westbound Ramps -Construct one westbound left turn lane and one westbound right turn lane. • Calloway Drive and Westside Parkway Westbound Ramps -Construct two northbound left turn lanes, one northbound through lane, and one southbound through lane. • Calloway Drive and EB Westside Parkway -Channelize eastbound right turn lane; and construct one southbound left turn lane, one northbound through lane, and one southbound through lane. • Coffee Road and Westside Parkway Eastbound Ramps -Construct one eastbound right turn lane, one southbound through lane, one northbound through lane, one northbound right turn lane, and southbound left turn lane. MITIGATION MONITORING AND REPORTING PLAN November 2007 185 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Coffee Road and Westside Parkway Westbound Ramps -Construct one northbound left turn lane, one southbound right turn lane, one westbound left turn lane, and one southbound through lane. • Truxtun Avenue and Coffee Road -Construct one northbound through lane. • Stockdale Highway and Allen Road -Construct one eastbound left turn lane and provide overlapping phase for westbound right turn lane. • Stockdale Highway and Old River Road -Construct one westbound through lane “for Full expansion per COB Det T-4. • Stockdale Highway and Gosford Road -Construct one westbound right turn lane and one northbound right turn lane. • Stockdale Highway and New Stine Road -Construct one eastbound right turn lane, one eastbound left turn lane, one northbound right turn lane, and one southbound through lane. • Ming Avenue and Buena Vista Road -Construct one westbound right turn lane, one northbound through lane, and one southbound through lane. • Ming Avenue and Gosford Road -Construct one eastbound through lane, one westbound through lane, one northbound through lane, and one southbound through lane. • Ming Avenue and Ashe Road -Construct one westbound right turn lane. MITIGATION MONITORING AND REPORTING PLAN 186 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Ming Avenue and New Stine Road -Construct one eastbound right turn lane and one westbound right turn lane. • Ming Avenue and Old Stine Road -Construct one eastbound left turn lane. • White Lane and South Allen Road -Construct one northbound through lane. • White Lane and Buena Vista -Construct one westbound right turn lane. • White Lane and Old River -Construct one northbound through lane and provide overlapping phase for westbound right turn lane. • White Lane and Gosford Road -Construct one westbound left turn lane, one southbound left turn lane, one northbound left turn lane, and one northbound through lane. • White Lane and Ashe Road -Construct one southbound left turn lane and one northbound left turn lane. • White Lane and Wilson Road -Construct one eastbound left turn lane. • White Lane and Stine Road -Construct one westbound right turn lane and one southbound right turn lane. • White Lane and Wible Road -Construct one eastbound right turn lane, one northbound through lane, southbound through lane, and provide overlapping phase for northbound right turn lane. • South Allen Road and Harris/Pensinger Road -Construct one eastbound left turn lane, two eastbound right turn lanes, one westbound left MITIGATION MONITORING AND REPORTING PLAN November 2007 187 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments turn lane, one westbound right turn lane, one northbound left turn lane, one southbound left turn lane, one southbound right turn lane, one southbound through lane, and provide overlapping phase for southbound right turn lane. • Harris Road and Old River Road -Construct one northbound through lane and one southbound through lane. • Harris Road and Gosford Road -Construct one southbound left turn lane. • Panama Lane and West Beltway Southbound Ramps -Channelize southbound right turn lane; and construct one eastbound right turn lane, one westbound through lane, and one eastbound through lane. • Panama Lane and West Beltway Northbound Ramps -Construct one westbound right turn lane, one northbound right turn lane, one eastbound left turn lane and one westbound through lane. • Panama Lane and South Allen Road -Construct one eastbound right turn lane, one northbound right turn lane, one westbound through lane, and provide overlapping phases for westbound right turn lane and southbound right lane. • Panama Lane and Buena Vista Road -One eastbound left turn lane, one northbound right turn lane, one southbound right turn lane, one eastbound through lane, one southbound through lane, two northbound through lanes, MITIGATION MONITORING AND REPORTING PLAN 188 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments two westbound through lanes, and provide overlapping phase for westbound right turn lane. • Panama Lane and Gosford Road -Construct 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, one northbound through lane, one northbound right turn lane, one southbound left turn lane, two southbound through lanes, and provide overlapping phase for westbound right turn lane. • Panama Lane and Mountain Vista Drive -Install signal. • Panama Lane and Reliance Drive -Construct two eastbound through lanes, one westbound through lane, and one westbound left turn lane. • Panama Lane and Ashe Road -Construct one eastbound left turn lane, one westbound left turn lane, one northbound left turn lane, two eastbound through lanes, lanes, one westbound through lane, and one southbound through lane. • Panama Lane and Golden Gate/Mountain Ridge Drive -Install signal. • Panama Lane and Stine Road -Construct one eastbound through lane. • Panama Lane and Wible Road -Construct one westbound left turn lane. • McCutchen Road and Buena Vista Road -Install signal and construct one eastbound left turn lane, one northbound left turn lane, one southbound left turn lane, and one southbound MITIGATION MONITORING AND REPORTING PLAN November 2007 189 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments right turn lane. • McCutchen Road and Old River Road -Install signal. • McCutchen Road and Gosford Road -Install signal. Roadway Segments • Buena Vista Road -Stockdale Highway to Ming Avenue -Add two lanes. • Buena Vista Road -Panama Lane to McCutchen Road -Construct as divided roadway. • Calloway Drive -Hageman Road to Rosedale Highway -Add two lanes. • Calloway Drive -Rosedale Highway to Brimhall Road -Add two lanes. • Calloway Drive -Brimhall Road to Westside Parkway Westbound Ramps -Add two lanes. • Calloway Drive -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps -Add two lanes. • Calloway Drive -Westside Parkway Eastbound Ramps to Stockdale Highway -Add two lanes. • Old River Road -South of Taft Avenue -Add two lanes. • Gosford Road -Panama Lane to McCutchen Road -Add two lanes, construct as divided roadway. roadway. • Gosford Road -McCutchen Road to Taft Highway -Construct as divided roadway. MITIGATION MONITORING AND REPORTING PLAN 190 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments • Stockdale Highway -Enos Road to Nord Avenue -Add two lanes. • Ming Avenue -South Allen Road to Buena Vista Road -Construct as divided roadway. • Ming Avenue -Old Stine Road to Real Road -Add two lanes. • White Lane -West Beltway to South Allen Road -Construct as divided roadway. • White Lane -South Allen Road to White Lane Project Entrance -Add two lanes • White Lane -White Lane Entrance to Buena Vista Road -Add two lanes roadway. • White Lane -Gosford Road to Ashe Road -Add two lanes. • White Lane -Stine Road to Wible Road -Add two lanes. • White Lane -Wible Road to SR 99 Southbound Ramps -Add two lanes. • Panama Lane -Gosford Road to Ashe Road -Add four lanes. • Panama Lane -Ashe Road to Stine Road -Add four lanes. • Panama Lane -Stine Road to Wible Road -Add two lanes. • Panama Lane -Wible Road to SR 99 Southbound Ramps -Add two lanes. • Allen Road -Brimhall Road to Westside Parkway Westbound Ramps -Construct as divided roadway. • Allen Road -Westside Parkway Westbound Ramps to Westside Parkway Eastbound Ramps MITIGATION MONITORING AND REPORTING PLAN November 2007 191 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments -Construct as divided roadway. • Allen Road -Westside Parkway Eastbound Ramps to Stockdale Highway -Construct as divided roadway. • South Allen Road -White Lane to Campus Park Drive -Construct as divided roadway. • South Allen Road -Campus Park Drive to Pacheco Road -Construct as divided roadway. • South Allen Road -Pacheco Road to Harris Road -Add two lanes, construct as divided roadway. • South Allen Road -Harris Road to Panama Lane -Construct as divided roadway. Mineral Resources Prior to approval of a tentative tract//parcel map, the project applicant shall submit a petroleum integration plan that shows how all existing petroleum-related facilities will be protected and integrated into the proposed development and provides documentation of compliance with Section 17.46.010 and Section 15.66 of the City Municipal Code. Public Works Approved by _______________ on_____________ CONDITIONS OF APPROVAL -Although the following conditions of approval are not required to reduce potential environmental impacts that are currently known to be less than significant, they are included to ensure that these conditional of approvals are implemented with the project. • The applicant shall be required to consult with CDFG for any construction within 200 feet of the upper bank of the Kern River and outer edge of any riparian habitat located adjacent to the project site. This consultation is to ensure that the findings in the EIR are still applicable Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 192 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments and no new measures are required. However, if new information is found that identifies a potential significant impact, additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional CEQA documentation may involve obtaining a State Incidental Take Permit pursuant to Section 2181(b) of the Fish and Game Code. • The applicant shall be required to survey for nesting raptors following the survey methodology developed by the Swainson’s hawk Technical Advisory Committee (SWHA TAC, 2000), prior to any disturbance on the project site that is within 5 miles of a potential nest tree (CDFG, 1994) to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that detects an active nest of a Swainson’s hawk within 5 miles of the project site and a potential significant impact could occur, additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG. Planning Approved by _______________ on_____________ • The applicant shall be required to conduct trapping prior to ground disturbance activities to confirm that the Tipton kangaroo rat (Dipodomys nitratoides nitratoides) is not located on the project site. However, if new information is found that detects the Tipton kangaroo rat (Dipodomys nitratoides nitratoides) on the project site, potential Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN November 2007 193 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments significant impact could occur and additional CEQA documentation would be required as outlined in Section 15162 of the CEQA Guidelines. This additional environmental documentation may involve consultation with CDFG and United States Fish and Wildlife Service (USFWS). • The applicant shall be required to implement a no construction buffer zone of a minimum distance of 250 feet, unless a qualified biologist approved by CDFG verifies through noninvasive methods that either: 1) the birds have not begun egg laying and incubation; or 2) that juveniles from the occupied burrows are foraging independently and are capable of independent survival, and that in the event burrowing owls are detected within the area of ground disturbance, passive and/or active relocation efforts may be undertaken subject to approval by CDFG and USFWS Planning Approved by _______________ on_____________ • The applicant shall consult with USFWS and CDFG, where applicable, prior to any ground disturbance activities. This consultation is to ensure that the findings in the EIR are still applicable and no new measures are required. However, if new information is found that identifies a potential significant impact, additional CEQA documentation would be required as outlined in Section 15162 of the State CEQA Guidelines. This additional CEQA documentation may involve obtaining a USFWS 10(a)1(b) Incidental Take Permit and/or a State Incidental Take Permit pursuant Planning Approved by _______________ on_____________ MITIGATION MONITORING AND REPORTING PLAN 194 November 2007 Verification of Compliance Measures Development Services Department Public Works Department Other Departments Comments to Section 2181(b) of the Fish and Game Code. • The developer shall install or fund two lanes of the West Beltway to Arterial standards from Ming Avenue to the Asphalto Railroad at no more than 80 percent buildout of the project or within 1 year of completion of Final Design of the West Beltway by the City of Bakersfield, whichever comes first, but no sooner than 4 years from the certification of the Final EIR for the West Ming Specific Plan Project Planning Approved by _______________ on_____________