HomeMy WebLinkAboutRES NO 058-13RESOLUTION NO. 058-13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE
MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN AND ZONE CHANGE LOCATED ALONG THE SOUTH SIDE OF
STOCKDALE HIGHWAY, APPROXIMATELY 'A MILE WEST OF SOUTH
RENFRO ROAD. (GPA /ZC NO. 13- 0005).
WHEREAS, Bolthouse Properties, LLC, filed an application with the City of Bakersfield
Community Development Department requesting an amendment to the land use map
designation of the Metropolitan Bakersfield General Plan from HR (High Density Residential)
to LR (Low Density Residential) and to change the zone district from R -3 (Limited Multiple
Family) to R-1 (One Family Dwelling) on 43.97 acres located along the south side of
Stockdale Highway, approximately 'Amile west of South Renfro Road (the "Project "); and
WHEREAS, the City Council adopts a Negative Declaration for the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, May 15, 2013 at 5:15 p.m. in
the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time
and place for a public hearing before the City Council to consider the proposed Negative
Declaration as required by Government Code Section 65355, and notice of the public
hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, Negative Declaration and the Planning Commission's
deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The Planning Commission's findings as contained in its Resolution No. 10 -13 are
hereby adopted.
2. The Negative Declaration for the Project is hereby adopted subject to the
mitigation measures in Exhibit A for the Project located on the map as shown in
Exhibit B, both of which are incorporated herein.
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on MAY 1 ; 91113
by the following vote:
✓ ✓ ✓ .% ✓
MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
44A -L 1A ,-Gx-.1 '.Z"
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAY 151013
APPROVED
MAYOR of the City of Bakersfi
APPROVED as to form:
VIRGINIA GENNARO
City Attoiwv
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL\ S: \GPAs \GPA 1st 2013\ 1 3-0005\ResOrd\RES ENV CC Resolution.doc
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COUNCILMEMBER
NOES:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
✓ ✓ ✓ .% ✓
MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
44A -L 1A ,-Gx-.1 '.Z"
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
MAY 151013
APPROVED
MAYOR of the City of Bakersfi
APPROVED as to form:
VIRGINIA GENNARO
City Attoiwv
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures
B Location Map
By: DL\ S: \GPAs \GPA 1st 2013\ 1 3-0005\ResOrd\RES ENV CC Resolution.doc
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Exhibit A
Mitigation Measures
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EXHIBIT A
MITIGATION MEASURES
GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 13 -0005
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality and Green House Gas Mitigation Measures:
1. Prior to grading plan approval, the applicant /developer of the project site shall
submit documentation to the Planning Department that they will /have met all air
quality control measures required by the San Joaquin Valley Air Pollution Control
District.
Mitigation for Air Quality and Greenhouse Gas impacts.
Bioloaical Impact_ Mitigation Measures:
2. The burrowing owl is a migratory bird species protected by international treaty under
the Migratory Bird Treaty Act (META) of 1918 U. S. C. 703 -711). The MBTA makes it
unlawful to take, posses, buy, sell, purchase, or barter any migratory bird listed in 50
C.F.R. Part 10, including feathers or other parts, nests, eggs or products, except as
allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5 and 3800 of
the California Department of Fish and Wildlife Code prohibit the take, possession, or
destruction of birds, their nests or eggs. To avoid violation of the take provisions of
these laws generally requires that project - related disturbance at active nesting
territories be reduced or eliminated during critical phases of the nesting cycle
(March 1 - August 15, annually). Disturbance that causes nest abandonment and /or
loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and /or imprisonment.
Mitigation for biological impacts.
3. Prior to ground disturbance, the developer shall have a qualified consultant survey
the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield
Habitat Conservation Plan. Survey protocol shall be that recommended by the State
Department of Fish and Wildlife. Developer shall be subject to the mitigation
measures recommended by the consultant. A copy of the survey shall be provided
to the Planning Department prior to ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees prior to
the 2014 expiration date under the current MBHCP. As determined by the City of
Bakersfield, only projects ready to be issued an urban development permit, grading
plan approval or building permit before the 2014 expiration date will be eligible to
pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees
shall not be allowed. The ability of the City to issue urban development permits is
governed by the terms of the MBHCP. Urban development permits issued after the
2014 expiration date may be subject to a new or revised Habitat Conservation Plan,
if approved, or be required to comply directly with requests of the U.S. Fish and
Wildlife Agency and the California Fish and Wildlife Department.
Mitigation for biological impacts.
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Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 2
Cultural Impact Mitigation Measures:
4. If human remains are discovered during grading or construction activities, work shall
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the
find and the Kern County Coroner shall be notified immediately (Section 7050.5 of
the California Health and Safety Code and Section 5097.98 of the California Public
Resource Code which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
Mitigation for cultural impacts.
5. Prior to ground- disturbance activities associated with this project, personnel
associates with the grading effort shall be informed of the importance of the
potential cultural and archaeological resources (i.e. archaeological sites, artifacts,
features, burials, etc.) that may be encountered during site preparation activities,
how to identify those resources in the field, and of the regulatory protections
afforded to those resources. The personnel shall be informed of procedures relating
to the discovery of archaeological remains during grading activities and cautioned
to avoid archaeological finds with equipment and not collect artifacts. The
applicant /developer of the project site shall submit documentation to the Planning
Department that they have met this requirement prior to commencement of ground -
disturbance activities. This documentation should include information on the dates)
of training activities, the individual(s) that conducted the training, a description of
the training, and a list of names of those who were trained. Should cultural remains
be uncovered, the on -site supervisor shall immediately notify a qualified
archaeologist.
Mitigation for cultural impacts.
MITIGATION MEASURES FROM PREVIOUS GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 09-
0263:
Agricultural Resources:
6. Prior to issuance of a grading or building permit for urban development, or support
facilities as contemplated in the Project, whichever occurs last, the applicant shall
mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by
selecting one or more of the items described below. Net acreage is to be calculated
based on the exclusion of existing roads, lands within the proposed Westside
Parkway alignment, proposed Nord Road arterial alignment, and proposed West
Beltway alignment, and related areas, as such alignments may be from time to time
amended, and areas already developed with structures. The applicant shall submit
written verification of the applicant's compliance with this mitigation measure to the
Planning Director's satisfaction. Compliance with this condition may be phased as
the project is developed. The net acreage of agricultural land to be mitigated shall
be equal to the amount of land being developed as each phase is developed.
a. Funding and /or purchase of agricultural conservation easements. Such
easements shall be accepted or purchased and monitored and enforced by agAKF
land trust or another appropriate entity. Funds may be used for easemeAt 9s
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ORIGIN&
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 3
purchases, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
b. 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, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
c. Purchase of credits from an established agricultural farmland mitigation bank
approved by applicable governmental authority.
d. 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.
Mitigation for potentially significant agricultural impacts.
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 some 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, Stanislous, Merced,
Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written
evidence that the some or equivalent crop scan be produced on the mitigation
land.
7. Prior to subdivision approval, subdivision approval, if the adjoining properties are still
in agricultural uses and have not received entitlements for development, then prior
to issuance of certificates of use and occupancy, the Project Applicant shall record
a covenant on all lots within 300 feet of agricultural uses. The covenant shall provide
notice that each resident is moving into an area located close to agricultural lands
or within agricultural lands, and they may be subject to inconveniences or discomfort
arising from agricultural operations. Such discomfort or inconveniences may include,
but are not limited to noise, odors, dust, smoke, insects, operation of machinery
during any 24 -hour period, aircraft operation, storage and disposal of manure, and
the application by spraying or other means of agricultural chemicals, such as
pesticides and fertilizers. One or more of the inconveniences described above may
occur even in the case of an agricultural operation, which is in conformance with
existing laws and regulations and locally accepted customs and standards.
Mitigation for potentially significant agricultural impacts. aF 0AKF9N
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ORIGIN41
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 4
Biological Resources:
8. During grading and construction, the Project Contractor shall ensure all trash and
food waste is disposed of in closed containers and regularly removed from the
proposed Project site during construction. Absolutely no deliberate feeding of wildlife
shall be allowed.
Mitigation for potentially significant biological impacts.
9. Prior to earth disturbance phases of construction, all construction personnel shall be
trained in sensitive species identification and avoidance techniques and be
instructed to be on the lookout for kit fox dens during earth disturbance. Proof of
training shall be submitted to the City of Bakersfield Planning Department. Any
evidence, such as dens, observed at any time during construction, shall be promptly
reported to the reviewing agencies for resolution.
Mitigation for potentially significant biological impacts.
10. During construction, all pipes, culverts or similar structures with a diameter of four
inches or greater shall be kept capped to prevent entry of the kit fox. If not capped
or otherwise covered, the openings shall be inspected twice daily in the morning
and evening and prior to burial or closure, to ensure no kit foxes or other wildlife
become entrapped or buried in pipes.
Mitigation for potentially significant biological impacts.
11. Prior to grading, the Project Applicant shall pay the habitat mitigation fee in
accordance with section 15.78.030 of the City of Bakersfield Municipal Code and the
MBHCP. If the MBHCP is not extended past the expiration date of 2014, then during
the time when no applicable MBHCP is in place, the Project Applicant shall comply
with such mitigation measures as shall be required by the U.S. Fish and Wildlife Service
(USFWS) and the California Department of Fish and Wildlife (CDFW) including, but not
limited to, the following:
a) Fund, and /or purchase, the appropriate number of credits in a mitigation bank or
conservation program for sensitive and nesting birds, which is approved by the
applicable regulatory oversight agency (i.e., USFWS or CDFW).
b) Contribute the appropriate funding to an organization, which is approved by the
appropriate regulatory oversight agency (i.e., USFWS, CDFW), that provides for
the preservation of off -site habitat for sensitive and nesting birds. Funds may be
used for purchases, ongoing monitoring and enforcement, transaction costs, and
reasonable administrative costs.
c) Contribute the appropriate funding and follow the appropriate regulatory
oversight agency (i.e., USFWS, CDFW) guidelines, including obtaining the required
permits, to enable the relocation of any sensitive or nesting birds identified on -site.
d) During the life of the project, if a HCP is adopted by the City of Bakersfield, or
other responsible agency, that provides equal or more effective mitigation than
measures listed above, the Project Applicant may choose to participate in that
alternate program to mitigate loss of habitat impacts to sensitive or nesting birds.
Prior to participation in the alternate program, the Project Applicant shall obtain
written approval from the appropriate regulatory oversight agency (i.e., USFWS,
CDFW) agreeing to the participation, and the Project Applicant shall sub
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ORIGINAt..
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 5
written verification of compliance to the City of Bakersfield with the alternate
program at the same time described above in the first paragraph.
Completion of the selected mitigation measure, or with the Planning Director's
approval, a combination of the selected mitigation measures, can be on qualifying
sensitive and nesting bird habitat land within Kern County.
Mitigation for potentially significant biological impacts.
12. Prior to the commencement of grading activities, the Project Applicant shall retain a
qualified biologist to verify the presence or absence of any previously unidentified
protected species, which are not addressed in the MBHCP. If encountered, the
USFWS and CDFW shall be notified of previously unreported protected species. Any
take of protected wildlife shall be reported immediately to the CDFW and USFWS. No
activities shall occur until Incidental Take authorization has been obtained from the
CDFW and USFWS.
Mitigation for potentially significant biological impacts.
13. Seven days prior to the onset of construction activities during the raptor nesting
season (February 1 to June 30), a qualified biologist shall survey within 500 feet of the
proposed Project's impact area for the presence of any active raptor nests
(common or special status). Any nest found during survey efforts shall be mapped
on the construction plans. If no active nests are found, no further mitigation would be
required. Results of the surveys shall be provided to the CDFW.
If nesting activity is present at any raptor nest 500 foot buffer around any occupied
nest, unless otherwise determined by a qualified biologist and 2) access and
surveying shall be restricted within 300 feet of any occupied nest, unless otherwise
determined by a qualified biologist. Any encroachment into the buffer area around
the known nest shall only be allowed if the biologist determines that the proposed
activity will not disturb the nest occupants. Construction can proceed when the
qualified biologist has determined that fledglings have left the nest.
If an active nest is observed during the non - nesting season, the nest site shall be
monitored by qualified biologist, and when the raptor is away from the nest, the
biologist will flush any raptor to open space areas. A qualified biologist, or
construction personnel under the direction of the qualified biologist, will then remove
the nest site so raptors cannot return to a nest.
Mitigation for potentially significant biological impacts.
14. Lighting shall be shaded or shielded and directed down and away from adjacent
agricultural and open space areas to minimize increased predation of species that
may be using the adjacent open space and agricultural fields. Refer to Section 5.4,
AESTHETICS, LIGHT AND GLARE, regarding light spill over and glare mitigation
measures.
Mitigation for potentially significant biological impacts.
Geologic and Seismic Hazards:
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ORIGINAL.
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 6
15. Prior to issuance of grading permits, a Storm Water Pollution Prevention Plan ( SWPPP),
which includes erosion control measures in order to comply with the National
Pollution Discharge Elimination System (NPDES) requirements of the Federal Clean
Water Act, shall be obtained. Temporary, construction - related and permanent
erosion control measures may include but not be limited to the use of sandbags,
hydroseeding, landscaping, and /or soil stabilizers.
Mitigation for potentially significant Geologic and Seismic Hazards.
16. Engineering design for all future structures shall be based on the probability that the
proposed Project will be subjected to strong ground motion during the lifetime of
development. Future Project development plans shall be subject to the Bakersfield
Municipal Code and shall include standards that address seismic design parameters.
Seismic ground shaking shall be incorporated into design and construction in
accordance with the CBC requirements and site - specific design.
Mitigation for potentially significant Geologic and Seismic Hazards.
Hydrology and Water Quality:
17. Prior to submittal of improvement plans for each phase or individual tentative tract
map, the Project Applicant shall provide a drainage study in conformance with City
of Bakersfield design guidelines, which shall include, but not be limited to the
following requirements:
• Future on -site roadways shall be designed to accommodate adequate
flow capacity;
• Appropriate minimum storm drain pipe size diameter shall be specified by the
City Engineer; and
• Storm drain flow velocity limitations shall be specified by the City Engineer.
Mitigation for potentially significant Hydrology and Water Quality impacts.
18. Prior to approval of individual development projects by the Director of Public Works
or his /her designee, the Project Applicant shall confirm that the proposed Project
plans stipulate that prior to issuance of any grading permits, the Project Applicant
shall file a Notice of Intent (NOI) and pay the appropriate fees, pursuant to the
NPDES program.
Mitigation for potentially significant hydrology impacts.
19. Prior to grading plan approval, the Project Contactors shall incorporate storm water
pollution control measures into a Storm Water Pollution Prevention Plan ( SWPPP); Best
Management Practices (BMPs) shall be implemented; and evidence that proper
clearances have been obtained through the State Water Resources Control Board
(SWRCB), including coverage under the National Pollutant Discharge Elimination
System (NPDES) statewide General Storm water Permit for Construction Activities.
Mitigation for potentially significant hydrology impacts.
20. Prior to commencing grading, the Project Applicant of future projects shall prevent
any off -site impacts during the construction phase. Erosion control measures shall be
in place, as approved by the Director of Public Works. The erosion control measures
shall be shown and specified on the SWPPP plot plan attached to the grading plans
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Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 7
and shall be constructed to the satisfaction of the Director of Public Works prior to
the start of any other grading operations.
Mitigation for potentially significant hydrology impacts.
Mineral Resources:
21. Prior to construction, all abandoned oil wells shall be located and exposed for
inspection and leakage testing. Proof of proper abandonment shall be obtained
from DOGGR. Said proof, shall be submitted to the Planning Director prior to Notice
of Completion.
Mitigation for potentially significant mineral resource impacts.
22. Abandoned oil wells shall be surveyed and accurately plotted on all future maps
related to the proposed Project with a ten foot no -build radius. A legible copy of a
map showing final Project design shall be submitted to the DOGGR.
Mitigation for potentially significant mineral resource impacts.
23. Prior to tract recordation, DOGGR shall be contacted to obtain information on the
requirements for and approval to perform remedial plugging operations if any other
abandoned or unrecorded wells are uncovered or damaged during excavation or
grading.
Mitigation for potentially significant mineral resource impacts.
Noise:
24. Prior to issuance of grading permits, the Project Contractor shall provide evidence
acceptable to the City Planning Department that: (1) all construction equipment,
fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with
properly operating and maintained mufflers; and (2) construction activities shall be
limited to the designated daytime hours as specified by the City of Bakersfield
(currently 6:00 AM to 9:00 PM on weekdays and 8:00 AM and 9:00 PM on weekends).
No construction is allowed on Federal holidays. These restrictions apply to all trucks,
vehicles, and equipment that are making or involved with material deliveries,
loading or transfer of materials, equipment service, and maintenance of any devices
for or within the proposed Project's construction site.
Mitigation for potentially significant noise impacts.
25. During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from noise sensitive receptors, to the satisfaction of
the Building Official.
Mitigation for potentially significant noise impacts.
26. Prior to approval of the proposed Project plans and specifications by the City
Building Department, the Project Contractor shall incorporate feasible muffling
features into all construction vehicles and equipment and into construction methods,
and shall maintain all construction vehicles and equipment in efficient operating
condition.
Mitigation for potentially significant noise impacts. o� 6AkF9N
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Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 8
27. Prior to approval of the proposed Project plans and specifications by the City
Building Department, stockpiling and construction vehicle staging areas shall be
located as for away as practical from noise sensitive receptors during construction
activities.
Mitigation for potentially significant noise impacts.
28. At the earliest of the following, (i) January 1, 2025, or (ii) at such time as Project build -
out results in Project trip generation equal to 2,145 AM peak hour trips or 3,020 PM
peak hour trips: a site - specific acoustical analysis shall be conducted by a qualified
acoustical engineer to determine if existing homes located along the north side of
Stockdale Highway (between Nord Avenue and South Claudia Autumn Drive) are
located within the 65 dB CNEL contour for "2035 With Project" conditions (247 feet
from the center of the roadway), and if such homes are not protected by an
effective sound wall. Construction or replacement of sound walls shall be
implemented to achieve an exterior noise exposure of 65 dB CNEL or less at the
homes.
The site - specific acoustical analysis shall be the responsibility of the Project
Developer, and shall include measures to maintain the 20 dB reduction between
exterior and interior noise levels. If the homes located north of Stockdale Highway
(between Nord Avenue and South Claudia Autumn Drive) are within the 65 dB
contour and exterior noise cannot be reduced to 65 dB or below by use of a sound
wall, then interior noise reduction measures shall be used. Interior noise reduction can
be achieved by providing windows facing Stockdale Highway with assemblies
having a minimum laboratory- tested sound transmission class (STC) rating of 35.
Mitigation for potentially significant noise impacts.
29. After the precise grading and plot plans have been developed and prior to the
issuance of building permits, a site - specific acoustical analysis shall be conducted by
a qualified acoustical engineer to determine the final height and location of any
sound walls that would be required along Stockdale Highway. It is estimated that
eight -foot high sound walls would be required along Stockdale Highway, to reduce
traffic noise levels to below the City's 65 dB CNEL standard. The final design of sound
walls will require a detailed acoustical analysis that takes into consideration site -
specific factors including building setbacks and the relative elevations of the traffic
noise source, sound wall, and receiver. The acoustical analysis shall be the
responsibility of the Project Developer. The developer shall assume an 8 foot high
block wall for bonding purposes if map is recorded prior to design of wall(s).
Mitigation for potentially significant noise impacts.
30. In order to protect Kern County Water Agency's (KCWA's) full use and operations of
their existing facilities, as part of the tentative tract process, future residents and
tenants adjacent to the Pioneer Project and Cross Valley Canal shall be notified via
recorded deed notices or real estate disclosure statements, that the following
nuisances may occur during facility operating and maintenance: noise, aesthetic
impairments including impairment of privacy, blowing dust and /or smoke. In an
attempt to reduce complaints and unwarranted investigations undertaken by
KCWA, and to assist in the long -term protection of the adjacent water facilities, "KV9`f-n
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ORIGINAL.
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 9
following disclosure shall be given via a note on the tentative and final maps for the
proposed Project site:
Your real property is adjacent to or in the vicinity of property used for
water delivery and /or groundwater recharge and recovery operations.
You may be subject to inconveniences, annoyances, or discomforts
arising from and associated with such operations on a 24 -hour basis. Said
discomforts may include, but shall not be limited to noise, aesthetic
impairments including impairment of privacy, blowing dust and /or smoke.
Mitigation for potentially significant noise impacts.
31. Prior to the issuance of building permits, if noise - sensitive uses are proposed for
construction adjacent to the KCWA pumping station, a detailed acoustical analysis
shall be performed that quantifies the noise levels produced by the pumping station
(by actual noise measurements) and takes into consideration site - specific factors
including building setbacks and the relative elevations of the equipment noise
source, sound wall and receiver. The acoustical analysis shall be the responsibility of
the Project Developer.
Mitigation for potentially significant noise impacts.
Public Health and Safety:
32. Prior to issuance of grading permits, the Project Applicant shall conduct soil
characterization and sampling of any observed stained soil within the proposed
Project site as needed to determine the presence or absence of hazardous
materials. If concentrations of materials are detected above regulatory cleanup
levels during demolition or construction activities, the following mitigation measure
shall include:
• Excavation and disposal at a permitted, off -site facility;
• On -site treatment; or
• Other measures as appropriate.
Mitigation for potentially significant public health and safety impacts.
33. Prior to issuance of grading permits, the Project Applicant shall remediate all
contaminated soils to the satisfaction of the Local Unified Program Agency (the
Office of Environmental Services Bakersfield City Fire Department) in conjunction with
the State Regional Water Quality Control Board, the California Department of Toxic
Substances Control, and /or the California Department of Water Resources.
Mitigation for potentially significant public health and safety impacts.
34. Prior to issuance of grading permits, all stained concrete /asphalt pads shall be
removed and disposed of at an appropriate permitted facility. Once removed,
exposed soils shall be visually observed to confirm the presence /absence of staining
(an indication of contamination migration into the subsurface). If observed, stained
soils shall be sampled to identify appropriate remedial activities.
Mitigation for potentially significant public health and safety impacts.
35. Prior to issuance of grading permits, all sumps and stockpiled soil shall be removed K
from the proposed Project site and properly disposed of at an approved facility -','%, � '6�9�'-�
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 10
sumps and soils shall be sampled and tested for hazardous materials. The areas
beneath and around the removed materials shall be visually inspected. Any stained
soils observed underneath the removed materials shall be sampled pursuant to
Mitigation Measure 5.3 -1 a.
Mitigation for potentially significant public health and safety impacts.
36. Prior to issuance of grading permits, the Project Applicant shall remove and properly
dispose of the on -site debris, consisting of drums, containers, stained supplies and
equipment and miscellaneous debris, at an approved landfill facility. The areas
beneath and around the removed debris shall be visually inspected. Any stained soils
observed underneath the debris shall be sampled pursuant to Mitigation Measure
5.3-1a.
Mitigation for potentially significant public health and safety impacts.
37. Prior to issuance of the grading permits, aboveground chemical or fuel storage tanks
(ASTs) shall be removed and properly disposed of at a licensed tank destruction
facility. Once removed, a visual inspection of the areas beneath and around the
removed ASTs shall be performed. Any stained soils observed beneath the ASTs shall
be sampled. If concentrations of materials are detected above regulatory cleanup
levels during sampling activities, the mitigation measure shall include:
• Excavation and disposal at a permitted, off -site facility;
• On -site treatment; or
• Other measures as appropriate.
Mitigation for potentially significant public health and safety impacts.
38. Prior to recordation of a Final Map, Parcel Map Waiver, or Lot Line Adjustment,
whichever occurs first, the downhole details of abandoned wells shall be reviewed
by Division of Oil, Gas and Geothermal Resource ( DOGGR) engineers. Written
verification from the s DOGGR shall be provided to indicate that the wells have been
properly abandoned or reabandoned, if necessary pursuant to current DOGGR
regulations and requirements.
Mitigation for potentially significant public health and safety impacts.
39. The existing irrigation wells currently producing water on the proposed Project site
shall not be utilized to provide water for human consumption. Prior to the approval of
each individual tentative tract map, a note shall indicate that the irrigation wells
within that phase that will not be utilized to supply water for future landscaping, on-
going agricultural operations, or other non - consumptive purposes shall be destroyed
per California Department of Water Resources and Kern County Environmental
Health Services Department standards.
Mitigation for potentially significant public health and safety impacts.
40. Prior to issuance of a grading permit, the Project Contractor shall obtain information
on the location of underground pipelines and any information regarding safety
concerns of the pipelines. During grading activities, Pacific Gas and Electric
Company (PG&E) or any other utility company operating pipelines traversing the
boundaries or within the boundaries of the proposed Project site shall be notified of
the construction activity within the corresponding easement. � bAKF9
Mitigation for potentially significant public health and safety impacts. o s
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ORIGIN„
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 11
41. If during soil removal, evidence of petroleum products appears to continue below
the ground surface, sampling shall be performed to characterize the extent of
contamination and identify appropriate remedial measures.
Mitigation for potentially significant public health and safety impacts.
42. If unknown wastes or suspect materials are discovered during construction by the
contractor, which he /she believes may involve hazardous waste /materials, the
contractor shall:
• Immediately stop work in the vicinity of the suspected contaminant, removing
workers and the public from the area;
• Notify the Project engineer of the implementing agency;
• Secure the areas as directed by the Project engineer; and
• Notify the implementing agency's hazardous waste /materials coordinator.
43. If, during grading and construction, potential unknown buried hazardous materials
are found, and /or unidentified materials are discovered in the prescribed soil testing,
health and safety procedures shall be implemented immediately by the Contractor.
Procedures shall include, at a minimum, emergency medical treatment, evacuation
of the site and /or threatened area, and notification action. Notification shall be
determined by the appropriate agency which may include but not be limited to the
following agencies: Kern County Department of Environmental Health Services, City
of Bakersfield Fire Department, San Joaquin Valley Air Pollution Control District, and
the Regional Water Quality Control Board. Evacuation and determination regarding
the type of contamination encountered and best course of action would be
determined by the ranking official and any required remediation measures shall be
implemented. Work shall stop immediately if any unknown soil or other hazardous
materials concerns arise during any part of the testing, grading, and construction
activities on the proposed Project site.
Mitigation for potentially significant public health and safety impacts.
44. If any PG&E pipeline is ruptured during grading, PG&E shall be notified at (800) 743-
5000, and 911 (Kern County Emergency Services) shall be called. The Pipeline
Development Policies of the City of Bakersfield Fire Department are 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 built 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 operating at 20 percent or greater of its design strength;
• Prior to or concurrently with the filing of a final map, a covenant shall be
recorded on all lots of this tract, or portion therefore, which are within 250 feet of
any gas transmission lines. The covenant shall acknowledge proximity of pipeline
easement to said property and describe the name, type and dimension of the
pipeline. Prior to recordation, the Project Applicant shall submit and obtain
approval of covenant wording with the City Attorney, City of Bakersfield Fire
Department's Office of Prevention Service, and the City engineer.
Mitigation for potentially significant public health and safety impacts. 8AK
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 12
45. If transite pipe is located on the site during construction activities, the San Joaquin
Valley Air Pollution Control District (SJVAPCD) shall be contacted for proper disposal
procedures and requirements. Transite pipe shall then be removed and properly
disposed per the SJVAPCD guidelines.
Mitigation for potentially significant public health and safety impacts.
46. Prior to any on -site construction activities, soils shall be sampled and analyzed by a
licensed engineer or geologist, approved by the Director of Prevention Services, to
determine the level of residue for pesticides, herbicides, chemicals, and associated
metals. If residue is found to be within acceptable amounts per the Environmental
Protection Agency (EPA) and Department of Toxic Substances Control (DTSC)
standards, then grading and construction may begin. If the residue is found to be
greater than acceptable level limits, all contaminated soils exceeding the
acceptable limits shall be remediated and /or properly disposed of per DTSC
requirements. An appropriate verification closure letter from DTSC shall be obtained
and submitted to the City of Bakersfield.
Mitigation for potentially significant public health and safety impacts.
47. Prior to issuance of grading permits, any removal or relocation of transformers shall
be conducted under the purview of the local utility purveyor (i.e., Pacific Gas and
Electric Company [PG&E]) to identify proper handling procedures regarding
potential polychlorinated biphenyls (PCBs). If stained soils are observed underlying
any of the pole- mounted electrical transformers, it shall be sampled and tested for
the presence of PCBs.
Mitigation for potentially significant public health and safety impacts.
48. Prior to the issuance of grading and building permits, if necessary, PCB affected soil
shall be properly disposed per Federal, State, and local laws. Testing and disposal
shall meet the regulations of the City of Bakersfield Fire Department, Office of
Prevention Services. If such PCB soil testing and disposal are required, a verification
closure letter shall be obtained from the City of Bakersfield Fire Department Office of
Prevention Services.
Mitigation for potentially significant public health and safety impacts.
49. Pursuant to the SJVAPCD Regulation VIII - Fugitive PM10 Prohibitions, all areas with
bare soil exposed as a result of the proposed Project's earthwork activities shall be
landscaped at the earliest time possible or stabilized by watering when winds
exceed 20 miles per hour (mph) in order to reduce the potential inhalation of spores
causing Valley Fever.
Mitigation for potentially significant public health and safety impacts.
50. Prior to recordation of final tract map, the Project Developer shall construct a six -
foot -high chain -link fence, or equivalent barrier as determined by the advisory
agency, between any subdivision and the right -of way line of any irrigation canal
within or adjacent to the subdivision, as specified in City of Bakersfield Subdivision
and Engineering Design Manual Standard S -10.
Mitigation for potentially significant public health and safety impacts.
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 13
51. With submittal of each final tract map, the proposed development shall be reviewed
by the City of Bakersfield Fire Department to ensure Department requirements for
access, fire flow, hydrants, or other fire and life safety requirements are adequately
addressed.
Mitigation for potentially significant public service and utilities impacts.
52. Prior to recordation of the first final map with parcels less than 20 acres in size, the
subdivider shall provide written proof /verification from NORRPD that the proposed
Project site is /has been included within the NORPD Maintenance District. Said
verification shall be submitted to the City of Bakersfield Planning Director.
Mitigation for potentially significant public service and utilities impacts.
53. Prior to proposed Project development, the Project Applicant shall coordinate with
the City of Bakersfield Water Resources Department in regards to a will serve letter
indicating its intention to serve as the water utility for providing water service to the
proposed Project.
Mitigation for potentially significant public service and utilities impacts.
54. Prior to issuance of any building permit, the Project Applicant shall submit, for review,
a Construction and Demolition Recycling Plan to the Kern County Waste
Management Department (KCWMD). The Recycling Plan shall include a plan to
separate recyclable /reusable construction debris. The Plan shall include the method
the proposed Project Contractor will use to haul recyclable materials and shall
include the method and location of material disposal.
Mitigation for potentially significant public service and utilities impacts.
55. The Project Applicant shall comply with applicable City ordinances to waste
collection within the proposed Project site, including such ordinances which require
mandatory curbside recycling.
Mitigation for potentially significant public service and utilities impacts.
56. Prior to approval of a tentative tract map, the Project Applicant shall coordinate
with PG &E staff early in the planning stages to ensure that adequate facilities are
incorporated in the proposed Project as soon as possible. In addition, the Project
Applicant shall coordinate with PG &E staff prior to construction regarding any
potential service of facility issues.
Mitigation for potentially significant public service and utilities impacts.
57. All new dry utility lines adjacent to the roadways shall be placed in the ultimate
location prior to Notice of Completion for each phase. In addition, public utility
easements shall be dedicated on the final tract map.
Mitigation for potentially significant public service and utilities impacts.
Traffic and Circulation:
58. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted
for review and approval to the City of Bakersfield Public Works Department. Su &&N �
plan shall consist of prior notices, adequate sign posting, detours (includincg� or ��
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ORIGINAL
Exhibit A
Mitigation Measures
GPA /ZC 13 -0005
Page 14
pedestrians and bicyclists), proper lighting (where appropriate), fencing and
shielding, proper storage of equipment and supplies, and covering loose piles or soil
or other earthen material. The TMP shall specify implementation timing of each plan
element (prior notices, sign posting, detours, etc.) as determined appropriate by the
city Engineer. Adequate access to and from adjacent residential areas shall be
provided at all times. The TMP shall be reviewed and approved by the City Police
and Fire Departments as it applies to emergency response or evacuation plans.
Mitigation for potentially significant traffic and circulation impacts.
59. Prior to the issuance of building permits, the Project Applicant shall participate in the
City's RTIF Program. The Project Applicant shall submit funding calculations for all
improvements associated with the RTIF Program pursuant to Tables 6 and 8 of the
proposed Project's Traffic Impact Study (McIntosh and Associates, September 2009,
[Appendix 15.4]) for approval.
Mitigation for potentially significant traffic and circulation impacts.
60. For impacted intersections subject to fair share improvements (refer to Table 6, from
September 2009 Traffic Impact Study [refer to Appendix 15.4]) and roadway
segment improvements, prior to the issuance of building permits, the Project
Applicant shall participate in the improvements required on a pro -rata, fair -share
basis, as indicated the Recommended Improvements and Table 5.5 -6.
Mitigation for potentially significant traffic and circulation impacts.
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