HomeMy WebLinkAboutRES NO 124-01RESOLUTION NO. ]. 2 4" 0 11_
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD CERTIFYING IT HAS RECEIVED,
REVIEWED, EVALUATED AND CONSIDERED THE
INFORMATION CONTAINED IN THE FINAL EIR FOR
GPA/ZC P00-0291 AND CERTIFYING THAT THE FINAL
EIR HAS BEEN COMPLETED iN COMPLIANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
CEQA GUIDELINES, AND THE CITY OF BAKERSFIELD
CEQA IMPLEMENTATION PROCEDURES, AND MAKING
FINDINGS AND ADOPTING A MITIGATION MONITORING
PLAN
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held a public headng on
THURSDAY, June 28, 2001, on GPNZC P00-0291 for the proposed amendment to the Land
Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan,
and corresponding zone change application, notice of the time and place of headng having
been given at least ten (10) calendar days before said headng by publication in the Bakersfield
Califomian, a local newspaper of general circulation; and
WHEREAS, GPA/ZC P00-0291 an amendment and zone change is as follows:
Concurrent General Plan Amendment/Zone Chanoe Case No. P00-0291.
Castle and Cooke California, Inc. is requesting (1) an amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the
land use map designation from OC (Office Commercial) to GC (General
Commercial), (2) an amendment to the Kem River Plan Element by changing the
land use map designation from 6.25 (Office Commercial) to 6.2 (General
Commercial), and (3) change the zoning from C-O (Professional and
Administrative Office) to C-2 (Regional Commercial) on 32.89 acres.; and
WHEREAS, for the above-described proposal, an Initial Study and Notice of
Preparation (NOP) were conducted and it was determined that the proposed project would have
a potential significant effect on the environment regarding impacts to traffic and circulation,
noise, biological resources, air quality, cultural resources, and aesthetics, and, therefore, an
Environmental Impact Report was required and prepared for the project in accordance with the
California Environmental Quality Act (CEQA); and
WHEREAS, in order to provide greater public participation, all property owners
within 300' of the project site and all those who requested notification at a Planning Commission
public hearing or requested special notice to the Development Services Department were
noticed of the availability of the Draft and Final Environmental Impact Report and this public
hearing; and
WHEREAS, the environmental record prepared in conjunction with the project
includes the following: ~,,
The Notice of Preparation, the Draft Environmental Impact report, and the Final
Environmental Impact Report; and
All staff reports, memoranda, maps, letters, minutes of meetings, and other
documents prepared by the consultant relating to the project; and
All testimony, documents, and evidence presented by the City of Bakersfield and
consultant working with the City ralating to the project; and
The proceedings before the Planning Commission relating to the project and
Draft Environmental Impact Report and Final Environmental Impact Report,
including testimony and documenting evidence introduced at the public hearings;
and
Matters of common knowledge to the Planning Commission which it considered
including but not limited to the following:
a)
b)
c)
d)
The City of Bakersfield Metropolitan Bakersfield 2010 General Plan; and
The City of Bakersfield Zoning Ordinance; and
The City of Bakersfield Municipal Code; and
Other formally adopted policies and ordinances of the City of Bakersfield;
and
WHEREAS, the Draft Environmental Impact Report was subjected to a forty-five
(45) day raview pedod in accordance with Section 15087 of the CEQA Guidelines; and
WHEREAS, the public hearing on the Draft Environmental Impact Report was
held dudng the latter half of the public review pedod as required by the City of Bakersfield,
California Environmental Quality Act (CEQA) Implementation Procedures; and
WHEREAS, the Notice of Preparation (NOP) for this project was sent to all
agencies having any involvement in this project per Section 15082 of the CEQA Guidelines; and
WHEREAS, the notice of the public hearing was given to all commenting
agencies as required by the City of Bakersfield CEQA Implementation Procedures, State CEQA
Guidelines and State Law; and
WHEREAS, the applicant has entered into an agreement with the City of
Bakersfield to implement all mitigation measures identified in the environmental analysis
contained in the Final EIR; and
WHEREAS, an appeal was received from Ryan Oliver, 631 Faversham Way,
Bakersfield, CA, 93311, on July 9, 2001, or eleven days after the Planning Commission's
decision on GPA P00-0291; and
WHEREAS, the appeal disputes that the proposed certification of the Final
Environmental Impact Report is in compliance with CEQA, the CEQA Guidelines, and the City
of Bakersfield's CEQA Implementation Procedures; and
WHEREAS, the appeal provides no testimony or evidence on how or why the
proposed certification of the Final Environmental Impact Report for GPA P00-0291 would not be
in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA
Implementation Procedures; and
WHEREAS, the "Findings of Fact in support of Findings for Significant
Environmental Effects" for GPNZC P00-0291 is attached in Exhibit A and incorporated herein
by this reference; and
WHEREAS, the "Statement of Overriding Considerations" for GPNZC P00-0291
is attached hereto in Exhibit B and made a part hereof by this reference; and
WHEREAS, the law and regulations relating to the preparation and adoption of
an Environmental Impact Report as set forth in CEQA and the City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff and the Planning
Commission; and
WHEREAS, based on the absence of evidence in the record as required by
Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to wildlife resources
and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4
(c)(2)(B) of the State of California Department of Fish and Game Code. Additionally, the
assumption of adverse effect is rebutted by the above-referenced evidence and the conclusion
of the Final Environmental Impact Report that the implementation of the proposed mitigation
measures would reduce project and cumulative impacts on biological resources to a level that is
less than significant; and
WHEREAS, as to the potential significant impacts of the project, Exhibit A,
attached hereto and incorporated herein by this reference, describes those impacts identified by
the Final Environmental Impact Report that will be mitigated to a less than significant level. As
to each impact, the City Council hereby finds the mitigation incorporated into the project will
avoid impacts or mitigate impacts to a less than significant level. Each of the impacts including
the Findings of Fact in support of Findings for Significant Environmental Effects for GPNZC
P00-0291 are set forth in Exhibit A; and
WHEREAS, as to significant and unavoidable impacts, certain environmental
impacts regarding air quality are considered unavoidable and cannot feasibly be mitigated to a
less than significant level. Moreover, the project alternatives analyzed in the Final
Environmental Impact Report would not feasibly mitigate the impacts. These impacts are
discussed in Exhibit A, attached hereto and incorporated herein by this reference.
Notwithstanding disclosure of these impacts and their partial mitigation, the City Council is
approving the project based on the overriding considerations as set forth in the "Statement of
Overriding Considerations" attached as Exhibit B.
=
10.
11.
12.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
The City Council hereby certifies that it has received, reviewed, evaluated and
considered the information contained in the Final Environmental Impact Report for
GPA/ZC P00-0291.
The City Council hereby certifies the Final Environmental Impact Report for GPNZC
P00-0291.
The above recitals and findings incorporated herein by reference, together with the
Statement of Facts as attached in Exhibit A and Statement of Overriding Considerations
as attached in Exhibit B, are true and correct and constitute the Findings of the City
Council in this matter.
The report of the Planning Commission, including maps and all reports and papers
relevant thereto, have been transmitted by the Secretary of the Planning Commission to
the City Council.
That all required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been followed.
That the applicant by prior written agreement shall comply with all adopted mitigation
measures contained in the Final Environmental Impact Report.
The City Council hereby finds the mitigation incorporated into the project avoids impacts
or mitigates impacts to less than a significant level. Each of the impacts and the facts
substantiating this finding are set forth in Exhibit A.
Certain environmental impacts regarding air quality are considered unavoidable and
cannot feasibly be mitigated to a less than significant level. Moreover, the project
alternatives analyzed in the Final Environmental Impact Report would not feasibly
mitigate the impacts. These impacts are discussed in Exhibit A, attached hereto and
incorporated herein by this reference. Notwithstanding disclosure of these impacts and
their partial mitigation, the City Council is approving the project based on the overriding
considerations as set forth in the "Statement of Overriding Considerations" attached as
Exhibit B.
The Planning Division of the Development Services Department is hereby directed to file
a Notice of Determination with the County Clerk of Kern County, pursuant to the
provisions of Section 21152 of the Public Resources Code and Section 15094 of the
CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant
to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code.
That the Mitigation Monitoring Plan as provided in Exhibit C is hereby adopted for
GPA/ZC P00-0291.
The appeal by Ryan Oliver is hereby denied.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on August 22, 2001, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER ~AR~SON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCiLMEMBER ~'~%~"~
COUNCILMEMBER
CITY CLERK and Ex Officio/~lerk of the
Council of the City of Bakersfield
APPROVED AUG 22 200!
APPROVED as to form:
BART THILTGEN
City Atto m,~v~/
BY:: .__~_.
S:\GPA 2nd Qtr 2001\P00-0291\Cert Final EIR CC Reso.wpd
Riverwalk Commercial Center
EXHIBIT A
FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE RIVERWALK COMMERCIAL CENTER AND
INTRODUCTION
The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the
CEQA Guidelines Section 15091 provide that:
"No public agency shall approve or carry out a project for which an environmental impact
report has been certified which identifies one or more significant effects on the environment
that would occur if the project is approved or carried out unless the public agency makes one
or more of the following findings:
a. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
b. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency.
c. Specific economic, social, or other considerations make infeasible the mitigation measures
or project alternatives identified in the final environmental impact report."
Because the Riverwalk Commercial Center project Environmental Impact Report (EIR) identified
significant effects that may occur as a result of the project, and in accordance with the provisions of
CEQA and CEQA Guidelines, the City of Bakersfield hereby adopts these findings as part of the
approval of the Riverwalk project and related applications.
The City of Bakersfield has prepared an E1R for the project in accordance with CEQA and CEQA
Guideline requirements. The EIR was subject to review and approval by the Bakersfield City Council.
At a public hearing held on August 22, 2001, the EIR was certified as adequate in accordance with
CEQA proc~:lures.
After adopting this Statement of Findings of Fact, the Bakersfield City Council can approve the
Riverwalk Commercial Center project. All subsequent tract maps, grading permits, mitigation
implementation, and regulatory agreements and permits will be reviewed based on the documentation
in the EIR.
MI~GATED ADVERSE IMPACTS
The potential significant adverse impacts that would be mitigated are listed in the following sections.
The Bakersfield City Council finds that these potential adverse impacts would be mitigated to a level
that is considered less than significant after implementation of the project design features and
recommended mitigation measures.
Riverwalk Commercial Center
BIOLOGICAL RESOURCES
Loss of Habitat
Significant Impact
Implementation of the proposed project would result in the loss of 32.89 acres of threatened and
endangered species habitat.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
· Prior to the issuance of a grading permit, the project applicant shall pay a development fee in
accordance with the Metropolitan Bakersfield Habitat Conservation Plan.
Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat
replacement plan to compensate for the loss of approximately 2.4 acres of riparian habitat. The
replacement plan could include the pumhase and conservation of riparian habitat, payment of
a fee that is equal to the Metropolitan Bakersfield Habitat Conservation Plan fee, create
additional riparian habitat, or enhance existing riparian habitat. If the applicant enhances or
creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created
or enhanced) with two acres of riparian habitat.
Soecial Status Soecies
Significant Impact
Implementation of the proposed project may result in a direct take of the San Joaquin kit fox and
possibly the Tipton kangaroo rat. Although not observed onsite, the presence of the San Joaquin
antelope squirrel is also possible.
Increased vehicle traffic, noise, pollutants, litter, trampling of vegetation, wildlife harassment, and
other indirect impacts will adversely effect both plants and wildlife, and the diversity of the pwject
site.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment
Facts in Support of Finding
Prior to the issuance of a grading permit on the 32.89-acre project site, the project applicant
shall comply with all of the appropriate terms and conditions of the MBHCP, including cartain
Riverwalk Commercial Center
San loaquin kit fox take avoidance measures and the guidelines for preventing den
entrapment. Measures to be enacted during the construction phase of the project include:
a) Preconstmction surveys to be conducted to search for active kit fox dens;
b)
All pipes, culverts, or similar structures with a diameter of four inches or greater shall be
capped to prevent the entry of the kit fox, if not capped, they will be inspected prior to
burial or closure to ensure no kit foxes or other protected species become entrapped;
c) Excavations shall either be conducted with escape romps or covered to prevent
entrapment;
d) All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site by construction personnel to minimize attracting .kit fox.
Prior to the issuance of a grading permit, the applicant shall include a plan to minimize the
potential construction impacts to the adjacent sensitive riparian habitat. The plan shall be
reviewed and approved by the City of Bakersfield and include the following.
a)
During construction, the area alongside the Kern River shall be fenced off to protect it and
prevent damage to vegetation, burrows, and nests from heavy construction equipment and
vehicles.
b) Lighting shall be shaded and directed away from habitat to protect nesting and roosting
species.
c)
All food, garbage, and plastic shall be disposed of in closed containers and regularly
removed from the site by construction personnel to minimize attracting animals from the
adjacent riparian river habitat.
d)
The project applicant shall prevent and control unplanned man-canse rues by requiring
construction vehicles to carry water, shovels, and fire extinguishers. Protection mats
shields, and windbreaks shall be used as appropriate for welding and grinding. Fire
prevention requirements shall be enforced regarding cigarette smoking.
Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat
replacement plan to compensate for the loss of approximately 2.4 acres of riparian habitat. The
replacement plan could include the purchase and conservation of riparian habitat, payment of
a fee that is equal to the Metropolitan Bakersfield Habitat Conservation Plan fee, create
additional riparian habitat, or enhance existing riparian habitat, ff the applicant enhances or
creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created
or enhanced) with two acres of riparian habitat.
Prior to the approval of a grading plan, the applicant shall submit a landscape plan for review
and approval by the City of Bakersfield. The landscape plan shall include a planting screen of
native riparian trees and scrubs along the northern boundary of the project site to provide a
buffer between human activities and the riparian river habitat.
Riverwalk Commercial Center
Rantor Nest Disturbance
Significant Impact
Implementation of the proposed project may disturb active raptor nests.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
Prior to the issuance of a grading permit, the project applicant shall comply with the following
raptor nest measures.
a)
If grading is proposed during the raptor nesting season (February - September), a
focused su~ey for raptor nests shall be conducted by a qualified raptor biologist prior to
grading activities.
b)
If construction is proposed to take place during the raptor nesting/breeding season
(February - September), no construction activity shall take place within 500 feet of an
active nest until the young have fledged (as determined by a qualified raptor biologist).
Trees containing nests that must be removed as a result of project implementation shall
be removed during the non-breeding season (October- January).
Riverwalk Commercial Center
TRAFFIC AND CIRCULATION
Traffic Volumes
Significant Impact
The proposed project will result in the generation of 12,021 vehicle trips. This increase in project
traffic will result in significant impacts to the intersection of Brimhall Road and Calloway Drive. The
project will also contribute traffic impacts to other intersections and roadways.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
Prior to the issuance of building permits, the project applicant shall provide its fair share
funding toward the following improvements that are listed in Appendix C of the Draft EIR. At
the time of issuing building permits, the applicant's funding calculations for all improvements
associated with the fee program shall be submitted to the City for review and approval.
Traffic Signals
Palm Ave. and Calloway Drive
Ming Ave. and Scarier Oak Drive
Ming Ave. and Grand Lakes Ave.
White Oak Drive and Old River Road.
Roadway Segments
Brimhall Road
Tmxtun Ave.
Stockdale Highway
Calloway Drive
Allen Road
Intersections
Rosedale Highway and Calloway Drive
Rosedale Highway and Coffee Road
Palm Avenue and Calloway Drive
Brimhall Road and Allen Road
Brimhall Road and Coffee Road
Brimhall Road and Calloway Drive
Stockdale Highway and Gosford Road/Coffee Road
White Lane and Buena Vista Road
Prior to the completion of the final project phase, an additional northbound left turn lane shall
Riverwalk Commercial Center
be added to the intersection of Brimhall Road and Calloway Drive.
AIR QUALITY
ho -Term Emissions
Significant Impact
Construction activities are a source of dust (PM10) emissions that can have a substantial temporary
impact on local air quality. Fugitive dust emissions are associated with land clearing, ground
excavation, cut and fill operations, and truck travel on unpaved roads.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
The construction of the proposed project would result in the generation of fugitive dust. Compliance
with SJVUAPCD Regulation VIII and the City of Bakersfield air quality regulations would result in
no significant fugitive dust emissions. To ensure compliance, the following measures shall be
implemented.
Prior to approval of a grading plan for any commercial project, the project applicant shall
submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating
the dust suppression measures that shall be completed during construction activities to comply
with SJVUAPCD Regulation VIII.
In addition to compliance with Regulation VIII, the following shall be incorporated into
building plans and implemented during construction activities to further reduce fugitive dust
emissions associated with the project.
Cover all access roads and parking areas with asphalt-concrete paving.
Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of
cutback, slow-cure and emulsified asphalt paving materials.
Use water sprays or chemical suppressants on all unpaved areas to control fugitive
emissions.
Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions.
Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
All haul trucks should be covered when transporting loads of soils.
Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
Riverwalk Commercial Center
CULTURAL RESOURCES
Archaeolo~,ical/Historical Resources
Significant Impact
An onsite field survey revealed an artifact. Other artifacts have been found in close proximity to the
project site. Due to these findings it is likely additional prehistoric artifacts may be present below the
disturbed onsite soils.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
Construction activities related to this project may encounter prehistoric artifacts. The following
mitigation measures will be required for development within the boundaries of project site to minimize
potential disturbance to any cultural resources that may be encountered during construction activities.
· Prior to the issuance of a grading permit, grading plans shall specify that an archaeological
monitor shall be present on the project site during all grading activities.
If any cultural resources are unearthed during construction activities, all work shall be halted
in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and
recommend any necessary mitigation measures. Proof of compliance with any
recommendations resulting from such evaluation, if required, shall be submitted to the
Southern San Joaquin Valley Archaeological Information Center (AIC) at California State
University, Bakersfield, and to the City of Bakersfield Development Services Department.
If human remains are found as a result of earth-moving activities, all work in the area must
halt and the County Coroner will be notified (Section 5097.98 of the Public Resources Code).
The Coroner will determine if the remains are of forensic interest. If the coroner, with the aid
of the supervising archaeologist, determines that the remains are prehistoric, he/she will
contact the Native American Heritage Commission (NAHC). The NAHC will be responsible
for designating the most likely descendant (MI.D), who will be responsible for the ultimate
disposition of the remains, as required by Section 7050.5 of the California Health and Safety
Code. The lVILD will make his/her recommendations within 24 hours of their notification by
the NAHC. This recommendation may include scientific removal and nondestructive analysis
of human remains and items associated with Native American burials (Section 7050.5 of the
Health and Safety Code).
A preliminary report shall be prepared for the above recommendations and incorporated into a
final report when the cultural resources work is completed. The final report shall be submitted
to the City and the Southern Joaquin Valley AIC.
7
RiverwalkCommercial Center
AESTHETICS
Views
Significant Impact
Implementation of the proposed project would substantially alter the existing visual character of the
project site.
Finding
Changes or alterations have been required in, or incoq~omted into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
Prior to the issuance of a building permit, building plans shall show that all structures to be located
on the project site shall be limited to a height of 60 feet.
Prior to the issuance of grading permits, the project applicant shall prepare landscape plans for the
project area to provide visual relief from project structures. These plans shall be consistent with
the plant list included in the adopted Kern River Element Plan.
Significant hnpact
The proposed project would introduce new sources of light and glare in the project area.
Finding
Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid
the significant effects on the environment.
Facts in Support of Finding
Prior to the issuance of building permits, the project applicant shall outline specifications for
outdoor lighting locations and other intensely lighted areas. The specifications shall identify
minimum lighting intensity needs and design lights to be directed towards intended uses.
Methods to reduce lights shall include low-intensity light fixtures and hooded shields.
Prior to the issuance of a building permit the project applicant shall submit and obtain City
approval of lighting plans. The lighting plans shall verify that outdoor lighting is designed so
that all direct rays are confined to the site.
Parking lot and security lighting shall be provided by no more than 40,000 luman lamp poles,
which shall range in height from 20 to 30 feet. Shorter poles are to be located adjacent to
Riverwalk Commercial Center
Steckdale Highway. Average lighting levels for all parking lots will be 2.5 foot candles, with
a maximum of 11 foot candles.
The developer shall design exterior elevations and facades with minimum use of glazing,
mirrors, and reflective materials or colors. To assure compliance with this mitigation measure
the owner/developer will need to receive approval from the City's Planning Director or the
Planning Commission for the selection of exterior design materials.
~IGNIFICANT UNAVOIDABLE ADVERSE IMPACTS
The potential significant adverse impacts associated with the implementation of the Riverwalk
Commercial Center project are listed below. The Bakersfield City Council finds that these potential
significant adverse impacts would be reduced with the implementation of the project-related design
features and recommended mitigation measures; however, the impacts cannot be reduced to a level
less than significant. The Bakersfield City Council is adopting a Statement of Overriding
Consideration per Section 15093 of the CEQA Guidelines.
Rivet'walk Commercial Center
AIR QUALITY
~hort-Term Emissions
Significant Impact
Construction activity will also result in exhaust emissions from diesel-powered heavy equipment.
Exhaust emissions from construction include emissions associated with the transport of machinery and
supplies to and from the site, emissions produced onsite as the equipment is used, and emissions from
trucks transporting excavated materials from the site and fill soils to the site. Examples of these
emissions include CO, ROG, NOX, SOX and PM10.
Finding
specific economic, social, or other considerations make infeasible the mitigation measures or project
alteraatives identified in the final EIR.
Facts in Support of Finding
Implementation of the following measures would lessen or avoid project impacts; however, the
impacts would remain significant. The No ProjectfNo Development Alteraative would completely
avoid the significant and unavoidable adverse air emission impacts during construction activities, but
would not meet any of the project objectives. The No project/Development in Accordance with
Existing General Plan Land Use Designation would include the same amount of development
compared to the proposed project; therefore, air emissions generated during construction activities are
expected to be the same. The Less Intense Development Alternative would result in substantially less
air emissions during construction activities because only approximately 30 percent of the project's
square footage would be constructed on approximately 23 less acres than the proposed project. The
Less Intense Development Alteraative would result in reduced short-term air emissions; however, this
alternative would not meet the objectives of the proposed project.
· Prior to issuance of a grading permit, the following shall be incorporate into the grading plan.
Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
Shut down equipment when not in use for extended periods of time to reduce emissions
associated with idling engines.
Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
Implementation of the above measures will serve to substantially, but not completely, mitigate the
potential significant air quality impact during construction. The remaining unavoidable adverse
impact is considered to be acceptable in light of the Statement of Overriding Considerations provided
herein as Attachment A.
Iff
Riverwalk Commercial Center
n - rm Emission
Significant Impact
Long-term emissions will be caused by mobile sources (vehicle emissions) and stationary source
energy consumption (heating and cooling) emissions. The major long-term impact to air quality will
be ROG and NOx emissions caused by motor vehicles traveling to and from the project site, and NOx
emissions from stationary source energy consumption,
Finding
Specific economic, social, or other considerations make infeasible the mitigation measures or project
alternatives identified in the final EIR.
Facts in Support of Finding
Implementation of the following mitigation measures will serve to lessen project impacts; however,
the impacts would remain significant. The No Project/No Development Alternative would completely
avoid the significant and unavoidable adverse air quality impacts associated with long-term
operational activities, but would not meet any of the project objectives. The No ProjecffDevelopment
in Accordance with Existing General Plan Land Use Designations and Less Intense Development
Alternative would both result in reduced long-term air quality impacts compared to the proposed
project, but would not meet many of the project objectives.
Prior to issuance of a building permit, transportation control measures and design features
shall be incorporated into the project to reduce emissions from mobile soumes. A strategy to
reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion
includes the following:
Improve street and traffic signals for those intersections and street segments that the
proposed project contributes traffic. This will be implemented by the applicant's
compliance with the fair share traffic fee contribution discussed in the traffic section
(Section 5.4.4).
· The project applicant shall incorporate the following in building plans.
Use lowoNOX emission water heaters.
Provide shade trees to reduce building cooling requirements.
Install energy-efficient and automated air conditioners.
Exterior windows shall all be double-paned glass.
Energy-efficient (low-sodium) parking lights shall be used.
Provide bicycle rocks at strategic locations within the project site.
Provide cross walks across Stockdale Highway at the signalized entrance into the project
site.
II
Riverwalk Commercial Center
Provide a bus turnout on Stockdale Highway along with a 15-foot by 10-foot concrete pad
to serve as a passenger waiting area. This pad may support passenger amenities such as a
bench or shelter.
Implementation of the above measures will serve to substantially, but not completely, mitigate the
potentially significant long-term air quality impacts. The remaining unavoidable adverse impacts are
considered to be acceptable in light of the Statement of Overriding Considerations provided herein as
Attachment A.
I'/
Riverwalk Commercial Center
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of
a proposed project against its unavoidable environmental risks in determining whether to approve the
project. The City of Bakersfield proposes to approve the Rivenvalk Commercial Center project
although unavoidable adverse short-term and long-term air quality impacts have been identified in the
EIR. Even though these adverse impacts are not reduced to a level considered less than significant,
the Bakersfield City Council finds that those impacts are outweighed by the benefits of the Riverwalk
Commercial Center project. Further, the alternatives which were identified in the EIR would not
provide the project benefits, as sununarized below, to the same extent as the proposed project:
The following are the development objectives of the proposed project.
Provide a large-scale retail project along Stockdale Highway and west of Old River
Road/Calloway Drive that would provide a broad range of goods and services that
serve the western metropolitan market area.
Develop the project site with at least 300,000 square feet of commercial retail uses
that include shops and restaurants, a potential office building(s), and overnight
lodging to support adjacent and nearby uses.
Develop the project site in accordance with the permitted uses under the City of
Bakersfield C-2 zoning.
4. Maintain public access to the Kern River Bike Trail.
5. Provide retail services that are not presently located in the City of Bakersfield.
Design the project to compliment the existing high quality of architectural standards
existing in the area.
7. Design the project to compliment the adjacent proposed City park and the Kern River.
Therefore, the Bakersfield City Council, having reviewed and considered the information contained in
the EIR and the public record, adopts the Statement of Overriding Considerations which has been
balanced against the unavoidable adverse impacts in reaching a decision on this project.
Riverwalk Commercial Center
EXHIBIT
RIVERWALK COMMERCIAL CENTER
MITIGATION MONITORING PLAN 49
Verffieation of Complia ce
Development
Services Engineering
(Planning and Services and Traffic
Mitigation MeasUres Building) Engineering File Department comments
BIOLOGICAL RESOURCES
Special Status Species Planning
BR-I Prior to the issuance of a grading permit, the Approved by
project applicant shall pay a development fee in
accordance with the Metropolitan Bakersfield Habitat
Conservation Plan. on
BR-2 Prior to the issuance of a grading permit on the Planning
32.89-acre project site the project applicant shall
comply with all appropriate terms and conditions of Approved by
the MBHCP. The MBHCP requires certain take
avoidance measures for the San Joaquin kit fox.
MBHCP guidelines regarding tracking and excavation on
shall be followed to prevent entrapment of kit fox in
dens. Specific measures during the conslruction
phase of the project shall be implemented and include
the following:
a) A preconstmction survey shall be conducted prior
to site grading to search for active kit fox dens.
b) 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.
S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Ptogram. wpd 1 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF Compliance
Development
Services Engineering
(Planning and Serviee~ and Traffic
Mitigation Measures Building) Engineering File Department comments
c) Excavations shall either be constructed with
escape ramps or covered to prevent entrapment.
All food, garbage, and plastic shall be disposed of in
closed containers and regularly removed fi.om the site
by construction personnel to minimize attracting kit
fox.
BR-3 Prior to the issuance of a grading permit, the Planning
applicant shall include a plan to minimize the
potential construction impacts to the adjacent Approved by
sensitive riparian habitat. The plan shall be reviewed
and approved by the City of Bakersfield and include
the following, on
S:\GPA 2nd Qtr 2001\P00~)291 \Mitigation Monitoring Program. wpd 2 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OI* compliance
DeveLopment ]
Services~, Engineering
(Planning and Services and Traffic
Mitigation Measures Building) Engineering File Department comments
a) During construction, the area alongside the Kern
River shall be fenced offto protect it and prevent
damage to vegetation, burrows, and nests from
heavy construction equipment and vehicles.
b) Lighting shall be shaded and directed away from
habitat to protect nesting and roosting species.
c) All food, garbage, and plastic shall be disposed of
in closed containers and regularly removed from
the site by construction personnel to minimize
attracting animals from the adjacent riparian fiver
habitat.
d) The project applicant shall prevent and control
unplanned man-cause fires by requiring
construction vehicles to carry water, shovels, and
fire extinguishers. Protection mats shields, and
windbreaks shall be used as appropriate for
welding and grinding. Fire prevention
requirements shall be enforced regarding
cigarette smoking.
BR-4 Prior to the issuance of a grading permit, the Planning
applicant shall provide a riparian habitat replacement
plan to compensate for the loss of approximately 2.4 Approved by
S:\GPA 2nd Qtr 2001 \P000291 ~Mitig~tion Monitoring Program. wpd 3 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.) 'q(9.,
MITIGATION MONITORU'qG PLAN
VERIFICATION 01' compliance
Development
Services Engineering
(Planning and Services and Traffic
Miti~ati~n Measures Building) Engineering File Department comments
acres of riparian habitat. The replacement plan could
include the purchase and conservation of riparian
habitat, payment of a fee that is equal to the on
Metropolitan Bakersfield Habitat Conservation Plan
fee, create additional riparian habitat, or enhance
existing riparian habitat. If the applicant enhances or
creates riparian habitat, each acre of riparian habitat
that is removed shall be replaced (created or
enhanced) with two acres of riparian habitat.
BR-5 Prior to the approval of a grading plan, the Planning
applicant shall submit a landscape plan for review and
approval by the City of Bakersfield. The landscape Approved by
plan shall include a planting screen of native riparian
trees and scrubs along the northern boundary of the
project site to provide a buffer between human on
activities and the fi?urian fiver habitat.
I
Raptor Nest Disturbance Planning
Approved by
BR-6 Prior to the issuance of a grading permit, the
project applicant shall comply with the following
raptor nest measures, on
a) If grading is proposed on the 32.89-acre site
during the raptor nesting season (February-
September), a focused survey for raptor nests
shall be conducted by a qualified raptor biologist
prior to grading activities in order to identify
S:\GPA 2nd Qtr 2001 \P00029 l\Mitigttion Monitodng Progmm.wpd 4 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
Development
Services Engineering
(Planning and Services and Traffic
Mlti~ation Measures Building) Engineering File Department comments
active nests in areas potentially impacted by
project implementation.
b) If construction is proposed to take place on the
32.89-acre site during the raptor nesting/breeding
season (February - September), no construction
activity shall take place within 500 feet of an
active nest until the young have fledged (as
determined by a qualified raptor biologist). Trees
containing nests that must be removed as a result
of project implementation shall be removed
during the non-breeding season (October-
January).
TRAFFIC AND CIRCULATION
TR-I Prior to the issuance ofhailding permits, the Traffic Engineering
project applicant shall provide its fair share funding
toward the following and all applicable improvements Approved by
listed in Appendix C of the Drat~ EIR. At the time of
issuing building permits, the applicant's funding
calculations for all improvements associated with the on
fee program shall be submitted to the Cfiy for review
and approval.
· Traffic Signals
Palm Ave. and Calloway Drive
S:\GPA 2nd Qtr 2001 \P001)291 \Mitigation Monitoring Program.wpd 5 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitil~atlon Measures Building) Engineering File Department COmments
Ming Ave. and Scarlett Oak Drive
Ming Ave. and Grand Lakes Ave.
White Oak Drive and Old River Road.
· Roadway Segments
Brimhall Road
Truxtun Ave.
Stockdale Highway
Calloway Drive
Allen Road
· Intersections
Rosedale Highway and Calloway Drive
Rosedale Highway and Coffee Road
Palm Avenue and Calloway Drive
Brimhall Road and Allen Road
Brimhall Road and Coffee Road
Brimhall Road and Calloway Drive
Stockdale Highway and Gosford
Road/Coffee Road
White Lane and Buena Vista Road
TR22 Prior to the issuance of building permits, the Traffic Engineering
project applicant shall provide the City of Bakersfield
with a phasing plan. The project applicant shall Approved by
install the following roadway segments or intersection
improvements that are not part of the Metropolitan
Bakersfield Transportation Impact Fee Program. on
· Prior to the Year 2010, the project applicant shall
install a traffic signal and add east and south
bound left lanes and west and south bound right
S:\GPA 2nd Qtr 2001 \P000291 \Mitigation M onitoring Program.wpd 6 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.) ~'~'
MITIGATION MONITORING PLAN
: VERIFICATION OF c0ml}liance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation MeasUres BUilding) Engineering File Department conunents
lanes at the intersection of Stockdale Highway
and the Project Entrance. This improvement is
not part of the City's Fee Impact Program.
TR-3 Prior to the completion of the £mal project Traffic Engineering
phase, an additional northbound left mm lane shall be
added to the intersection of Brimhall Road and Approved by
Calloway Drive.
on
AIR QUALITY
Fugitive Dust Emissions Planning
AQ-1 Prior to approval of a grading plan for any
commercial project, the project applicant shall submit Approved by
a letter to the City of Bakersfield Planning
Department fi.om the SJVUAPCD stating the dust
suppression measures that shall be completed during on
construction activities to comply with SJVUAPCD
Regulation VIII.
S:\GPA 2nd Qtr 2001 \P000291Wlitigttion Monitoring Program.wpd 7 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF Compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation Measure~ Building) Engineering File l)ePartment comments
AQ-2 In addition to compliance with Regulation Planning
VIII, the following shall be incorporated into building
plans and implemented during construction activities Approved by
to further reduce fugitive dust emissions associated
with the project.
· Cover all access roads and parking areas with on
asphalt-concrete paving.
· Asphalt-concrete paving shall comply with
SJVUAPCD Rule 4641 and restrict the use of
cutback, slow-cure and emulsified asphalt paving
materials.
· Use water sprays or chemical suppressants on all
unpaved areas to control fugitive emissions.
· Enclose, cover, or water all stockpiled soils to
reduce fugitive dust emissions.
· Cease grading activities during periods of high
winds (greater than 20 mph over a one-hour
period).
· Limit construction-related vehicle speeds to 15
mph on all unpaved areas at the construction site.
· All haul trucks should be covered when
transporting loads of soil.
· Wash offconstmction and haul tracks to
minimize the removal of mud and dirt fi.om the
project sites.
S:\GPA 2nd Qtr 200 IkP000291 ~IVlitig~tio~ Monitoring Pmgram.wpd 8 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.) ~L~ .~ ~1
MITIGATION MONITORING PLAN
VERAFicATIoN OF Compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation MeasUres Building) Engineering File Department comments
Construction Equipment Exhaust Emissions Planning
AQ-3 Prior to thc issuance of a grading permit, Approved by
the following shall be incorporated into the grading
plan.
Oil
S:\GPA 2nd Qtr 200 I\P004}291 \Mitilgtion Monitoring Program.wpd 9 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
: VERIFiCATiON OF COmpliance
Development
Services Engineering
(Planning and ServiCes and Traffic
Mitil~atinn Measures Building) Engineering File Department comments
· Properly and routinely maintain all construction
equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
· Shut down equipment when not in use for
extended periods of time to reduce emissions
associated with idling engines.
· Use electric equipment for construction whenever
economically and technically feasible in lieu of
fossil fuel-fa'ed equipment.
Additionally, prior to the issuance of the grading
permit, thc grading plan shall detail methods for
promoting ride sharing and encouraging the use of
transit transportation for construction employees
commuting to the site.
To assure implementation, prior to and during grading
and construction activities, the applicant/developer
shall assure the City in writing, that such grading and
construction activities are in compliance with the
mitigation measures listed above. Written assurance
shall be submitted to the City Buildin~ Director.
Mobile Source Emissions Traffic Engineering
AQ-4 Prior to issuance of a building permit, Approved by
transportation control measures and design features
S:\GPA 2nd Qtr 2001 ~P000291 ~vlitigation Monitoring Program.wpd 10 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF Compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation Measures Building) Engineering File Department Comments
shall be incorporated into the project to reduce
emissions from mobile sources. A strategy to reduce
vehicle trips, vehicle use, vehicle miles traveled, on
vehicle idling, and traffic congestion includes the
following:
S:\GPA 2nd Qtr 2001 ~P000291 ~vlitig~tion Monitoring Prog~am.wpd 11 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.) ',{.~)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
Development
I
Services Engineering
(Planning and Services and Traffic
MitigatiOn Measures Building) Engineering File Department comments
· Improve street and traffic signals for those
intersections and street segments that the
proposed project contributes traffic. This will be
implemented by the applicant's compliance with
the fair share traffic fee contribution discussed in
the traffic section (Section 5.2.4) of the Draft
E1R.
S:\GPA 2nd Orr 2001 \P000291 \Mitigation Monitoring Program. wpd 12 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.) ',3, , I
MITIGATION MONITORING PLAN
VERIFICATION OF Compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation Measures Building) Engineering File Department comments
Energy Consumption Emissions Building
AQ-5 In accordance with the Unifom~ Building Code, Approved by
the project applicant shall incorporate the following in
building plans.
on
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Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VEm~iCnT~ON or compliance
Development
Services Engineering
(Planning aad ServiCes and Traffic
Mitigation MeasureS Building) Engineering File Department Comments
· Use low-NOx emission water heaters. Planning
· Provide shade trees to reduce building cooling
requirements. Approved by
· Install energy-efficient and automated air
conditioners.
· Exterior windows shall all be double-paned glass, on
· Energy-efficient (low-sodium) parking lights
shall be used.
· Provide bicycle racks at strategic locations within
the project site.
· Provide cross walks across Stockdale Highway at
the signalized entrance into the project site.
· Provide a bus turnout on Stockdale Highway
along with a l 5-foot by 1 O-foot concrete pad to
serve as a passenger waiting area. This pad may
support passenger amenities such as a bench or
shelter.
· AQ-6 Prior to the issuance of an occupancy
permit, the project applicant shall install
scrubbers for all restaurant grills on the project
site.
CULTURAL RESOURCES I I
S:\GPA 2nd Qtr 2001 \P00~)291 \Mitigation Monitoring Program. wpd 14 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF Coml~liance
DeVelOpment
Services Engineering
(Planning and ServiCes and Traffic
Mitigation MeaSure~ Building) Engineering File Department comments
Archaeological/Historical Resources Planning
CR-1 Prior to the issuance ofa ~'ading permit, Approved by
grading plans shall specify that an archeological
monitor shall be present on the project site during all
grading activities, on
S:\GPA 2nd Qtr 2001 \P000291 ~viitigttion Monitoring program.wpd 15 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
DevelOpment
Services Engineering
(Planning and Services and Traffic
Mitigation Measures Building) Engineering FHe Departmen~ comments
Paleontological Resources Planning
CR-2 If any cultural resources are unearthed during Approved by
construction activities, all work shall be halted in the
area of the £md. A qualified archeologist shall be
called in to evaluate the findings and recommend any on
necessary mitigatinn measures. Proof of compliance
with any recommendations resulting from such
evaluation, if reqnired, shall be submitted to thc
Southern San Joaquin Valley Archeological
information Center (AIC) at California State
University, Bakersfield, and to the City of Bakersfield
Development Sarviccs Department.
CR-3 If human remains are found as a result of earth- Planning
moving activities, all work in the area must halt and
the County Coroner will be notified (Section 5097.98 Approved by
of the Public Resources Code). The Coroner will
determine if the remains are of forensic interest. If
thc coroner, with the aid of the supervising on
archaeologist, determines that the remains are
S:\GPA 2nd Qtr 2001 \P000291 ~vlitigaion Monitoring Program.wpd 16 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
Development
Services Engineering
(Planning and Services and Traffic
Mjfi.~atiOn Measures Building) Engineering File Department Comments
prehistoric, he/she will contact the Native American
Heritage Commission (NAHC). The NAHC will be
responsible for designating the most likely descendant
MLD), who will be responsible for the ultLmate
disposition of the remains, as required by Section
7050.5 of the California Health and Safety Code. The
MLD will make his/her recommendations within 24
hours of their notification by the NAHC. This
recommendation may include scientific removal and
nondestructive analysis of human remains and items
associated with Native American burials (Section
7050.5 of the Health and Safety Coda).
CR-4 A preliminary report shall be prepared for the Planning
above recommendations and incorporated into a £mal
report when the cultaral resources work is completed. Approved by
The f'mal report shall be submitted to the City and
Southern San Joaquin Valley AIC.
on
AESTHETICS
AE-I Prior to the issuance of a building permit, Planning
building plans shall show that all structures to bc
located on the project site shall be liraited to a height Approved by
of 60 feet.
S:\GPA 2nd Qtr 200 I\P001)291 \Mitigation Monito~ng Program.wpd 17 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF compliance
De lopment
Ve
serviCeS Engineering
(Planning and ServiCeS and Traffic
Mitil]ation Measures Building) Engineering File Department comments
on
AES-2 Prior to the issuance of grading peri'nits, the Planning
project applicant shall prepare landscape plans for the
project area to provide visual relief from project Approved by
structures. These plans shall be consistent with the
plant list included in the adopted Kern River Element
Plan. on
AES-3 Prior to the issuance of building permits, the Planning
project applicant shall outline specifications for
outdoor lighting locations and other intensely lighted Approved by
areas. The specifications shall identify minimum
lighting intensity needs and design lights to be
directed towards intended uses. Methods to reduce on
lights shall include low-intensity light fuctures and
hooded shields.
AES-4 Prior to the issuance ora building permit the Planning
project applicant shall submit and obtain City
approval of lighting plans. The lighting plans shall Approved by
verify that outdoor lighting is designed so that all
direct rays are confined to the site.
on
S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Program.wpd 18 Mitigation Monitoring Plan
Riverwalk Commercial Center
RIVERWALK COMMERCIAL CENTER (CONT.)
MITIGATION MONITORING PLAN
VERIFICATION OF Compliance
Development
Services Engineering
(Planning and Services and Traffic
Mitigation Measures Building) Engineering File Department comments
AES-5 Parking lot and securiW lighting shall be Planning
provided by no more than 40,000 lumen l~unp poles,
which shall range in height from 20 to 30 feet. Approved by
Shorter poles are to be located adjacent to Stockdale
Highway. Average lighting levels for all parking lots
will be 2.5 foot candles, with a maximum of 11 foot on
candles.
AES~i The developer shall design exterior Planning
elevations and facades with minimum use of glazing,
mirrors, and reflective materials or colors. To assure Approved by
compliance with this mitigation measure the
owner/developer will need to receive approval from
the City's Planning Director or the planning on
Commission for the selection of exterior design
materials.
S:\GPA 2nd Qtr 2001 \P000291 \Mitigation Monitoring Program.wpd 19 Mitigation Monitoring Plan