Chapter 17.49
COMMERCIAL SPECIFIC PLAN

Sections:

17.49.010    Introduction.

17.49.020    Existing setting.

17.49.030    Land use plan.

17.49.040    Infrastructure, access, grading and construction.

17.49.050    Administration.

17.49.060    Environmental standards.

17.49.010 Introduction.

A.    Specific Plan Site.  The Kerman commercial specific plan (specific plan) site is an approximately twenty-acre site located in the city of Kerman, Fresno County, California (Figure 1 attached to the ordinance codified in this chapter), and is currently designated as "regional commercial" under the city of Kerman’s general plan (Figure 2 attached to the ordinance codified in this chapter) and "general commercial" under the city’s zoning ordinance (Figure 3 attached to the ordinance codified in this chapter).

The specific plan site is bounded by undeveloped land previously used for cultivated agriculture (west); Whitesbridge Road (State Route (SR) 180) (north); Goldenrod Avenue (east); and undeveloped land that has been subdivided for future residential uses (south).

B.    Purpose of the Specific Plan.  A specific plan is a combination policy statement and implementation tool that can be used to address the unique needs of a particular area of a city or county.  As a result, emphasis is on concrete standards and development criteria for use in the submission and review of subsequent development plans and permits.  The California Government Code permits the use of specific plans to regulate site development, including permitted uses such as density, building size and placement.  Specific plans also may govern other development components, such as landscaping and roadways, as well as the provision of infrastructure and utilities.  Since the development standards and guidelines established in a specific plan focus on the unique needs of a specific area, specific plans allow for greater flexibility than is possible with conventional zoning.

The purpose of the Kerman commercial specific plan (specific plan) is intended to facilitate development of the specific plan site in a manner that will benefit local shoppers, the general public, and the city of Kerman.  The specific plan accomplishes this purpose by providing for the efficient use of land, ensuring compatibility between existing and proposed land uses, and establishing environmental and development standards and procedures to be met in developing the specific plan site.  The customized regulations contained in the specific plan address the unique characteristics of the site and surrounding properties, as well as the needs of the commercial land uses proposed for the site.  These efforts are intended to foster greater economic development and design opportunities than could be achieved through the use of conventional zoning and development standards.

As used herein, the term "developer" shall mean the current fee title holder of the specific plan site.

C.    Specific Plan Objectives.  The objectives of the specific plan are as follows:

1.    Provide the trade area with affordable shopping alternatives and opportunities that retail a wide variety of everyday household items.

2.    Provide a general merchandise and grocery store use that meets the current unmet demand of consumers residing within the trade area.

3.    Create new local employment opportunities.

4.    Reduce retail sales leakage from the trade area to the maximum extent feasible.

5.    Develop smaller, locally oriented commercial uses on site to complement the larger, regionally oriented anchor of the center (major tenant).

6.    Maximize the amount of general sales tax and property tax revenues to accrue to the various agencies within the vicinity of the specific plan site.

7.    Promote economic growth and development that is consistent with the policies of the city of Kerman general plan.

8.    Reduce local residents’ vehicle miles traveled by developing a major tenant in the trade area.

9.    Provide a retail element that will provide significant benefits to the city and community in terms of employment opportunities, sales tax revenue and affordable shopping opportunities.

D.    Authority.  The specific plan has been prepared in accordance with Government Code Sections 65450 et seq. and 66450 et seq. and will constitute the zoning for the specific plan site.  Land use standards and regulations contained within this chapter shall govern future development within the boundaries of this specific plan.

The specific plan provides a framework for development of the specific plan site, and is the city’s reference document for determining permitted uses, intensity of use, and development standards and requirements.  The specific plan defines project objectives, as well as regulations and requirements for development of the specific plan site.

E.    General Requirements.

1.    General Plan Consistency.  Implementation of the specific plan is intended to carry out the goals and policies contained in the city of Kerman general plan in an orderly and attractive fashion.  Development within the specific plan site shall, therefore, be consistent with and implement the provisions of the city of Kerman general plan (as amended).

In particular, the specific plan implements the general plan by proposing to build regional commercial land uses in the form of a regional shopping center.

The specific plan also is consistent with other relevant general plan land use goals and policies, including, without limitation, the following:

Land Use Goal 3:	"Protect the environment against negative impact to water, air and energy by promoting economic and industrial development of a business- and industry-friendly community that creates local jobs, thus reducing negative impacts caused by commutes to other areas for employment."
Consistency:	The specific plan will facilitate the development of a regional retail center that will create approximately three hundred forty-eight part-time and full-time jobs.  The center is expected to reduce trip lengths for residents within the trade area who would otherwise commute outside the trade area for employment and shopping.
Land Use Goal 5:	"Increase major retail shopping and service commercial opportunities in Kerman."
Consistency:	The specific plan involves development of a regional retail center anchored by a major tenant, which will provide a wide range of shopping opportunities for Kerman residents and within the trade area.
Land Use Goal 12:	"Enhance Kerman’s ability to attract long-term revenues to the City through the expansion of local and attraction of new businesses to Kerman."
Consistency:	The specific plan involves development of a regional retail center anchored by a major tenant.  The center is anticipated to capture a significant percentage of taxable sales from the trade area that would otherwise "leak" to other markets, and to generate significant amounts in annual revenue to the city’s general fund.
Policy A.2 (Community Image):	"Visually enhance Kerman’s four major entryways."
Consistency:	The specific plan involves development of a center that will be located at the northeastern major entry to the city.  The center will provide a decorative entry feature facing Whitesbridge Road and Goldenrod Avenue to greet motorists entering Kerman from the east on State Route 180.  Landscaping will be provided within a raised median in Whitesbridge Road and Goldenrod Avenue and along the specific plan site frontage.  Thus, the entry feature and landscaping will be consistent with the intent of visually enhancing one of Kerman’s four major entryways.
Policy A.3 (Community Image):	"Encourage high quality site, architectural, and landscape design of existing, new, private and public development."
Consistency:	The specific plan involves development of a retail center that will feature high-quality, contemporary architecture featuring rounded gable entry features, ample vestibule entrances, wall projections, and a variety of colors and building materials.  In addition, landscaping will be provided throughout the interior of the specific plan site and along Whitesbridge Road and Goldenrod Avenue.
Policy C.1 (Growth Management):	"Land uses in Kerman shall be arranged in a manner that avoids conflicts between uses."
Consistency:	The specific plan involves development of a retail center that will be located within the city limits and growth boundary line, and therefore no annexation or sphere of influence changes will be necessary.  Furthermore, the specific plan site is designated regional commercial under the general plan and zoned general commercial (GC), and the proposed retail use is consistent with both the general plan and zoning designations.  Therefore, the specific plan is consistent with the objective of compact, contiguous and concentric urban development.
Policy C.6 (Growth Management):	"New development should be contiguous to existing or approved development."
Consistency:	The specific plan site is within the city limits and is contiguous to the approved urban development along Stanislaus Avenue.  No annexation or sphere of influence amendment will be required to construct the retail center on the specific plan site.  Therefore, the specific plan represents logical, planned growth and is consistent with the intent of contiguous development.
Policy G.3 (Commercial Development):	"Maintain land at the intersection of Madera and Whitesbridge and along Whitesbridge for regional commercial uses."
Consistency:	The specific plan site is located along Whitesbridge Road and is designated for regional commercial uses.  The specific plan involves development of a regional retail center anchored by a major tenant consistent with the land use designation.
Policy I.1 (Jobs/ Housing Balance):	"Improve the jobs/housing balance in Kerman by promoting employment opportunities that allow persons to both live and work in town."
Consistency:	The specific plan involves development of a regional retail center that will create an estimated three hundred forty-eight jobs, which will improve the jobs/housing balance in Kerman.
Policy I.1 (Jobs/ Housing Balance):	"Increase the number of businesses operating in Kerman in order to generate more sales, property, business and transient occupancy taxes."
Consistency:	The specific plan involves development of a regional retail center featuring a major tenant and other complementary retail/restaurant uses, which are expected to generate significant annual fiscal revenues for the city.  Such revenues will result from sales tax, property tax, and license fees.  Therefore, the specific plan is expected to increase the city’s tax base.

2.    Relationship Between Specific Plan Development Standards/Criteria and the Kerman Municipal Code.  Development regulations and other requirements contained in this specific plan will supplement or replace those of the Kerman Municipal Code as they might otherwise apply to lands within the specific plan site, as specified herein.  Any regulations or other requirements not specifically covered herein shall be subject to the regulations and other requirements of the Kerman Municipal Code, design and engineering standards, and other applicable local regulations, in addition to all other applicable local, state and federal ordinances, laws or regulations.

If any provision of this specific plan conflicts with the regulations or other requirements of the Kerman Municipal Code, the provisions of this specific plan shall govern.  The process for approving development under the specific plan shall be as set forth in Section 17.49.050.

3.    Conformance with Uniform Building and Fire Codes.  All construction within the specific plan site shall be in compliance with Title 15, Buildings and Construction.

4.    Provision of Infrastructure.  Unless otherwise specifically approved as part of this specific plan, all off-site improvements under the control of the city shall be subject to the city of Kerman regulations and other requirements in effect at the time improvement plans for said improvements are submitted to the city.  Other improvements not under the control of the city (e.g., electricity, natural gas, telephone) shall be subject to any applicable regulations and other requirements of the relevant agency.

To ensure cost-effective availability of current and adequate infrastructure and services during the development of the specific plan site, infrastructure plans may be modified during the engineering or permit submittal process upon approval of the city of Kerman public works director or designee.  Any such modification during the engineering or permit submittal process shall be subject to the substantial conformance determination set forth in Section 17.49.050 and shall be ministerial, final and not subject to appeal and without the need to amend this specific plan.

5.    Severability.  If any term, provision, condition, requirement, or portion thereof of this specific plan is for any reason held invalid, unenforceable, or unconstitutional, the remainder of this specific plan or the application of such term, provision, condition, requirement, or portion thereof to circumstances other than those in which it is held to be invalid, unenforceable, or unconstitutional shall not be affected thereby; and each other term, provision, condition, requirement, or portion thereof shall be held valid and enforceable to the fullest extent permitted by law.

6.    Costs.  The developer shall pay the costs of any code enforcement activities, including attorney’s fees, which result from a violation of any provisions of the Kerman Municipal Code, including the specific plan.  The developer shall be responsible for the entire cost to implement the environmental standards in accordance with Section 17.49.060.

7.    Consent to Hold Harmless.  Pursuant to Government Code Section 66474.9, the developer (including any agent thereof) shall indemnify, defend (with counsel selected by the city), and hold harmless the city, and any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof, from any claims, actions, suits or proceedings against the city, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attach, set aside, void, or annul, arising in connection with an approval of the city, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body, including actions approved by the voters of the city, concerning development within the specific plan site and the approvals granted in connection therewith.  Furthermore, the developer shall indemnify, protect, defend (with counsel selected by the city), and hold harmless the city, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against any governmental entity in which the specific plan is subject to that other governmental entity’s approval and a condition of such approval is that the city indemnify and defend such government entity.  The city shall further cooperate fully in the defense of the action.  Should the city fail to either promptly notify or cooperate fully, the developer shall not thereafter be responsible to indemnify, defend, protect, or hold harmless the city, any agency or instrumentality thereof, or any of its officers, officials, employees, or agents.

8.    Fees.  All development under this specific plan will be required to pay all applicable fees at the time such fees are due, as follows:

a.    Prior to issuance of building permits, the developer shall pay all fees required under the city’s development impact fees, and all other fees/charges for wastewater, water, and other city utilities in effect at the time of building permit issuance.

b.    Prior to issuance of building permits, the developer shall be responsible for the payment of any applicable school facility impact fees as adopted by the Kerman unified school district.

c.    Prior to issuance of a certificate of occupancy for development on the specific plan site, the developer shall submit proof of payment to the Fresno County transportation authority’s regional transportation mitigation fee (RTMF).  The rate to be paid is the rate in effect at the time of payment.

d.    Developer shall be responsible to pay Fresno County public facilities impact fees in effect at the time a building permit is issued.

In addition, should the specific plan site lie within any additional assessment or benefit district, the developer shall, prior to issuance of a building permit, make application and pay for the reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are deferred to building permit issuance.

All development under this specific plan is required to pay all applicable permit application and review fees, including, without limitation, building permits, grading permits, encroachment permits, and other filing fees.  (Ord. 11-01 §1(Exh. A)(part), 2011).

17.49.020 Existing setting.

A.    Site Conditions and Existing Land Uses.

1.    Previous and Existing Land Uses.

a.    Previous Land Use.  The specific plan site is mostly undeveloped.  There are four abandoned and dilapidated structures present in the northern portion of the site near Whitesbridge Road, including a small residence, a garage, a workshop/storage area, and a large barn.  These structures appear to have been residential and agricultural in nature.  In addition, there is some ornamental vegetation, consisting of mature trees and shrubs located near these structures, which largely screen views from the roadway.  In general, the site is in a disturbed condition, with evidence of regular weed abatement.  Ruderal (weedy) vegetation is present throughout the site.

The California Department of Conservation Farmland Mapping and Monitoring Program designates the specific plan site as "Prime Farmland."  The site was previously used for cultivated agriculture, including row crops.  However, all agricultural activities ceased in approximately 2006.  Several remnants of past agricultural activities remain, including standpipes and a Fresno Irrigation District (FID) irrigation control structure near Goldenrod Avenue, which are no longer in use.  FID abandoned these facilities in 2008.  The specific plan site was previously served by an on-site septic system and well.

Overhead electrical and telephone lines traverse the northern and eastern portions of the specific plan site, paralleling the south side of Whitesbridge Road and the west side of Goldenrod Avenue, respectively.  The specific plan site is currently served with electricity provided by Pacific Gas and Electric (PG&E) and telecommunications by American Telephone and Telegraph (AT&T).  Several wooden signs advertising property for sale are present at the Whitesbridge Road/Goldenrod Avenue intersection.

The specific plan site is currently not served by municipal potable water or sewer service.  The previous residential use on the site was served by on-site well and septic systems.  There is nearby utility infrastructure, which is located within Goldenrod Avenue and extends up to the specific plan site’s southern boundary.

b.    Existing On-Site General Plan Land Use and Zoning Designations.  The specific plan site is currently designated as "regional commercial" in the City of Kerman 2007 General Plan.  The purpose and intent of the regional commercial land use designation is as follows:

Regional commercial shall be reserved for lands at the intersection of Madera and Whitesbridge Avenues.  Specifically, a twenty-acre parcel of land or more should be reserved for a regional shopping center site, which could include regional shopping or "big box" facilities which are now only available in Madera and Fresno and allow for significant leakage of tax dollars.

Development with this designation will have the following distinguishing features:  the building sites will be required to be landscaped, parking shall be constructed off-street, signs shall be regulated and new uses or extensive expansion of existing uses shall undergo site plan review.

Lands designated regional commercial shall be required to comply with the design standards of the Kerman zoning ordinance’s design districts.

The specific plan site is currently zoned "general commercial (C-G)."  This zoning designation is intended to provide sites for a wide range of commercial and office uses that are diverse, visually pleasing, convenient in terms of parking and access, attractive, and used by citizens of Kerman as well as visitors to the area.

c.    Surrounding Land Uses.  Following is a description of existing land uses surrounding the specific plan site.

i.    West.  Undeveloped land, formerly used for cultivated agriculture, is located immediately west of the specific plan site.  This land is designated under the general plan as regional commercial, and under the zoning ordinance as general commercial.  Further west (approximately eight hundred feet from the specific plan site) are single-family, low density residential uses.

ii.    North.  Whitesbridge Road (SR 180), a two-lane, undivided rural highway with shoulders on both sides, forms the northern boundary of the specific plan site.  North of the roadway (approximately one hundred feet from the specific plan site) are agricultural uses, consisting of cultivated row crops.  This land is located in unincorporated Fresno County, is designated agriculture under the county’s general plan, and is planned as general commercial and industrial under the city’s general plan.  This land is currently zoned exclusive agriculture.  A wooden sign welcoming westbound motorists to Kerman is on the north side of the roadway.

iii.    East.  Goldenrod Avenue, a two-lane, undivided rural roadway, forms the eastern boundary of the specific plan site.  East of the roadway (approximately fifty feet from the specific plan site) are agricultural uses, consisting of cultivated row crops.  This land is in unincorporated Fresno County; it is designated under the county’s general plan as agriculture but has been planned for medium density residential uses under the city’s general plan.

iv.    South.  Undeveloped land that has been subdivided into five residential lots is located immediately south of the specific plan site.  The lots take access from Stanislaus Avenue, a two-lane roadway, to the south.  This land is designated under the city’s general plan for medium density residential uses and has been zoned for multifamily/medium-high density residential uses.  A large mound of soil is present south of Stanislaus Avenue.  A cemetery is located southeast of the intersection of Goldenrod Avenue/Stanislaus Avenue.

There is additional undeveloped land located further south on Goldenrod Avenue, where an elementary school is being constructed.  This land has been designated under the city’s general plan for schools and parks.

B.    Existing Circulation.

1.    Regional and Local Circulation.  The specific plan site is located in the city of Kerman, Fresno County.

Whitesbridge Road, designated as State Route 180 (SR 180), is under the jurisdiction of Caltrans and is the major east-west highway in western Fresno County, connecting the city of Fresno to Kerman and Mendota.  It should be planned for at least a four-lane expressway, as well as perhaps a northerly realignment of the highway.  The city of Kerman designates Whitesbridge Road as an expressway.

Goldenrod Avenue is a north-south roadway designated as an arterial street in the Kerman general plan.  An arterial street is typically a two-lane street unless divided by a median, or a four-lane street when undivided and no median is constructed.  Near the specific plan site, Goldenrod Avenue is currently a two-lane undivided country road north of Stanislaus Avenue.  Between Stanislaus Avenue and the existing San Joaquin Valley Railroad tracks, approximately four hundred feet north of California Avenue, Goldenrod Avenue is a two-lane arterial with a median and dedicated left-turn lanes.  The west side of the road (southbound) is developed to its ultimate condition with curb, gutter, and bike lane; however, the east side of the street (northbound) has only a narrow travel lane with no curb, gutter or bike lanes.  South of the existing railroad tracks, the road is a narrow two-lane country road.

2.    Public Transit, Bicycle/Pedestrian Facilities and Rail.  The Fresno County rural transit agency provides the following services:  Kerman Transit (demand-responsive service); and Westside Transit (multiple round-trip, intercity service to the Fresno-Clovis metropolitan area).

There are no existing bicycle or pedestrian facilities along the specific plan site frontage on Whitesbridge Road or Goldenrod Avenue.

The nearest existing bicycle and pedestrian facilities are located along Goldenrod Avenue south of Stanislaus Avenue.  The west side of the roadway features a class II bicycle lane and a sidewalk.  In addition, sidewalks will be installed on both sides of Stanislaus Avenue as planned residential uses along this street are developed.

The West Side Branch Line, which extends from Fresno to Oxalis, traverses the southern portion of Kerman from east to west.  The San Joaquin Valley Railroad provides freight service to customers on the branch line.  The nearest grade crossing to the specific plan site is on Goldenrod Avenue, approximately one mile to the south.

C.    Existing Physical Conditions.

1.    Topography.  The topography of the specific plan site is relatively flat, with a general topographic gradient to the southwest.  Surrounding topography is also generally flat, with a similar topographic gradient to the southwest.

2.    Soils.  The specific plan site is underlain by Hesperia sandy loam and Hanford coarse sandy loam, both of which have moderate infiltration rates.  According to exploratory borings, the soils on the specific plan site consist of silty sand, silt, clayey silt, and sand.  The subsurface characteristics indicate the specific plan site has a low susceptibility to liquefaction and liquefaction-related phenomena.

3.    Seismicity, Landsliding.  The specific plan site is not located within a currently designated Alquist-Priolo Earthquake Fault Zone.  Since no known surface expression of active faults is believed to cross the specific plan site, fault rupture through the site is not anticipated.

There are no substantial slopes on or near the specific plan site.  Therefore, the opportunity for slope failure in response to the long-term geologic cycle of uplift, mass wasting, and difference of slopes is unlikely.  Site conditions preclude the possibility of earthquake-induced landsliding on site.

4.    Hazardous Materials.  There are indications that an underground storage tank (UST) has been present on the specific plan site near the abandoned barn.  However, results of numerous soil samples indicate that contaminants were either not detected or below the practical qualification limit.  The specific plan site is not listed on any of the following federal, state and local databases listing contaminated sites:  brownfield sites, UST sites, waste storage sites, toxic chemical sites, contaminated well sites, clandestine drug lab sites, and other sites containing hazardous materials.  It is anticipated that asbestos and lead are present in the existing structures on the specific plan site, due to their age.  There is no indication of PCB-containing materials or equipment, mercury, CFC-containing equipment, or high voltage power lines.  There is evidence that typical agricultural chemicals were previously used on site when it was in agricultural use.

Indoor radon tests in the relevant zip code indicate that there are areas within the zip code with high radon potential.  However, while indoor radon tests within the relevant zip code may exceed applicable thresholds, this does not necessarily mean that all structures within that zip code are at significant risk from radon exposure.  Indoor radon concentrations are of most concern in enclosed subsurface spaces.  In contrast, slab-on-grade commercial structures, such as the type that will be built on the specific plan site, have a much lower ability to draw radon indoors.  In addition, the retail center’s HVAC systems will be sufficient to disperse indoor radon concentrations--to the extent it would be present inside buildings--which will minimize the risk to human health.

5.    Biological Resources.  The specific plan site is classified into two habitat types:  urban and irrigated row and field crops.  Urban habitat within the specific plan site is restricted to the north-central boundary of the western portion of the site.  Common plant species were observed on this portion of the site; the remainder of the site is fallow.  Two occurrences of special-status plant species have occurred within five miles of the specific plan site, although no special-status plant species were observed on the site or within a one-quarter-mile radius.  Based upon results of the species review, there are seven special-status wildlife species with potential to occur on the specific plan site:  Cooper’s hawk, sharp-shinned hawk, Swainson’s hawk, white-tailed kite, loggerhead shrike, hoary bat, and San Joaquin kit fox.  The site contains potentially suitable nesting habitat for nesting birds.  No potential drainage or wetland features were observed.  While there are ornamental trees and one live oak tree, none of these trees is protected by a local tree preservation ordinance.

D.    Existing Utilities and Public Services.

1.    Water.  The city of Kerman provides potable water service to businesses and residents within the city limits, including the specific plan site.  The city meets its potable water supply needs from five groundwater wells.

A twelve-inch potable water line is located within Goldenrod Avenue and currently terminates at the specific plan site’s southern boundary.  An eight-inch recycled water line is located within Goldenrod Avenue and currently terminates at the specific plan site’s southern boundary.  This line--currently unused--is part of the city’s planned recycled water distribution system.  FID serves agricultural users in northern Fresno County, including Kerman.  In cooperation with FID, the city of Kerman is developing a nonpotable, secondary water system to use irrigation water to meet landscaping needs.

2.    Wastewater.  The city currently provides wastewater collection and treatment services to residents within the city limits.  The city’s wastewater treatment plant, which provides a secondary level of treatment, is located south of Church Avenue on the Del Norte Avenue alignment.  The existing plant was designed with a hydraulic capacity of approximately 1.2 million gallons per day (mgd).  The city is currently constructing an expansion of the plant to accommodate up to two mgd.

Current production of recycled water is based on the wastewater treatment plant influent of approximately one thousand one hundred acre-feet per year, which is used to recharge the aquifer and as an irrigation supply.  The treated effluent is stored in three disposal ponds that provide recharge capability.  The existing ponds are to be expanded and additional ponds added as a part of the treatment plant expansion project anticipated for completion in or before the summer of 2011.

A fifteen-inch sewer line is located within Goldenrod Avenue and currently terminates at the specific plan site southern boundary.

3.    Water Quality.  The city’s potable water supply comes from groundwater, which is predominantly of bicarbonate type.  Sodium appears higher in the western portion of the subbasin, where some chloride waters are also found.  Shallow, brackish groundwater can also be found along the western portion of the subbasin.  Dibromochloropropane and nitrates can be found in the groundwater along the eastern side of the subbasin.  Elevated concentrations of fluoride, boron, and sodium can be found in localized areas of the subbasin.  Kerman also has had a history of uranium in its groundwater.

4.    Storm Drains.  Storm drainage service in Kerman is provided by the city and is composed of a system of collection, transmission, and disposal facilities.  Stormwater is generally collected via storm drain inlets and conveyed to detention basins located in various parts of the city.

The city’s storm drainage master plan divides the area within Kerman’s sphere of influence into nine drainage zones.  The specific plan site is within an area that is drained by Basin E, a groundwater recharge facility that was recently expanded.  This basin is located southwest of the Stanislaus Avenue/16th Avenue intersection.

Two existing storm drainage pipelines exist in the vicinity of the specific plan site:

a.    A thirty-inch-diameter storm drain within the future 16th Street that terminates two hundred feet north of Stanislaus Avenue.

b.    An eighteen-inch-diameter storm drain/recharge line within Goldenrod Avenue that terminates at the southern boundary of the specific plan site.  This line is contemplated to be extended to the FID canal along Whitesbridge Road and will convey runoff during the rainy season to Basin E and irrigation water during the summer to the basin for recharge purposes.

5.    Solid Waste Disposal.  Mid Valley Disposal provides solid waste and recycling collection services to commercial and residential customers in the city of Kerman, including the specific plan site.

Solid waste from the city of Kerman is hauled directly to American Avenue Disposal Site by Mid Valley Disposal.  Recyclable materials and green waste are processed by Mid Valley Disposal at Mid Valley Materials Recovery Facility and Transfer Station located in Kerman.  The transfer station is permitted to receive five hundred tons of waste per day; it currently receives an average of two hundred tons per day.  Solid waste from Kerman is landfilled at the American Avenue Disposal Site approximately six miles southwest of Kerman.  The landfill’s permitted daily throughput is two thousand two hundred tons.  Its permitted capacity is 32.7 million cubic yards.  Its remaining capacity is 29.4 million cubic yards.  Its anticipated closure date is 2031.

6.    Electricity, Natural Gas and Telephone.  The city of Kerman, including the specific plan site, is served with electricity provided by PG&E; the site is currently served via overhead electrical lines paralleling Whitesbridge Road and Goldenrod Avenue.  PG&E also provides the city, including the specific plan site, with natural gas.

The city of Kerman, including the specific plan site, is served with telecommunications provided by AT&T.  On the site, there are overhead telephone lines paralleling Whitesbridge Road and Goldenrod Avenue.

7.    Fire Protection and Emergency Medical Services.  The north central fire protection district (fire district) provides fire protection and emergency medical services to the city of Kerman, including the specific plan site.  The fire district contracts with the Fresno fire department to staff fire stations and respond to calls.  The fire district operates three stations, with thirteen fire personnel.

8.    Police Protection.  The Kerman police department provides law enforcement to the city of Kerman, including the specific plan site.  (Ord. 11-01 §1(Exh. A)(part), 2011).

17.49.030 Land use plan.

A.    Land Use Concept.  The overall land use concept for the specific plan site is to create an integrated retail shopping complex providing for community-oriented uses with a community-wide market base, which can take advantage of the specific plan site’s excellent access and visibility off of a major road.  The specific plan will dramatically improve the aesthetic and commercial landscape of the surrounding area by allowing for the transformation of vacant acreage into an attractive and productive blend of retail and service establishments.  Development within the specific plan site will be designed to function cohesively as a single center as depicted in the conceptual site plan (Figure 4) and the conceptual outlot area exhibit (Figure 13) attached to the ordinance codified in this chapter.  To establish a high quality of integrated development, the uses within the specific plan site will be designed with convenient interconnecting vehicular and pedestrian access, while sharing similar urban design and architectural features.

Figure 4 attached to the ordinance codified in this chapter illustrates the conceptual site plan for the specific plan (Conceptual Site Plan).  Figure 5 attached to the ordinance codified in this chapter illustrates the conceptual elevation plan for the specific plan site (Conceptual Elevation Plan) and Figure 6 attached to the ordinance codified in this chapter depicts the conceptual colors and materials.  As discussed in more detail in Section 17.49.050, any and all subsequent approvals and permits required for development under the specific plan shall be ministerial and not appealable.  Notwithstanding the foregoing, any parcel map that is processed in connection with the specific plan shall be treated as a discretionary approval as required under the Subdivision Map Act, although any such map shall be otherwise evaluated in accordance with the regulations and requirements set forth herein.

1.    Permitted Uses.  Table 1 establishes the permitted uses for the specific plan.  Ancillary and accessory uses will be reviewed concurrently with each land use proposal.  Ancillary and accessory uses that are not specifically listed as permitted may be approved with a determination of substantial conformance, in accordance with Section 17.49.050.

Table 1.
  Permitted Uses 

Administrative, business, medical, governmental and professional offices

Apparel and shoe stores, shoe repair, and tailor and dress shops

Appliance sales and service, radio and television stores

Art, antique, gift, novelty and souvenir stores

Bakery, donut shop and candy store

Banks*

Barber and beauty shops

Bicycle shop

Book and magazine stores

Cafes

Cleaners and tailors

Clubs and lodges

Computer store

Confectionery store

Convenience store

Dairy products store (ice cream and yogurt)

Department store

Discount store offering general merchandise, grocery sales and service-oriented tenants*

Drive-in restaurants

Drug store

Fast food restaurants*

Fire station

Fitness center

Floral shop

Food store (including alcohol sales for off-site consumption), delicatessen, and meat market*

Floor covering, drapery, and carpet cleaning

Full-service stores

Funeral parlors and mortuaries

Furniture and household appliances, paint and wallpaper

Garden supply store and nursery

Hardware store

Hobby and art supplies

Interior decorating shops

Gunsmith shop

Jewelry, including watch repair, stamp and coin shops

Laundromats

Locksmith

Music and toy stores

Music and dance instruction

Newsstand, stationery shop and bookstore

Pet shop and grooming

Pharmacy*

Photography store and studio

Picture framing

Printing, duplicating, lithography and blueprinting

Plumbing fixtures and paint store (retail sale)

Police station

Post office

Public or private parking lot

Office supply store

Outdoor seasonal sales*

Restaurant, soda fountain, cafeteria

Service station

Shopping centers (numerous shops contained within one building)*

Sporting goods store

Telephone and telegraph office

Television and radio stations

Tobacco store

Travel agency or ticket bureau

Variety store

Wedding chapel

Note:  *Twenty-four-hour operations permitted as-of-right when noted uses are combined inside of a discount store.  Twenty-four-hour operations may be permitted for other uses if the community development director determines such a use substantially conforms to the provisions of the Kerman commercial specific plan.

B.    Site Development Standards.

1.    Land and Structure Regulations.  Table 2 establishes the land and structure regulations for the specific plan.

Table 2.
  Land and Structure Regulations 

Minimum Parcel Size	6,000 s.f.
Maximum Building Height	40 feet above grade
Maximum Floor Area Ratio	0.24
Setback Requirements	Minimum 20-foot landscape setback along Whitesbridge Avenue frontage; Minimum 60-foot setback requirement from centerline of Whitesbridge Road
Maximum Building Square Footage	185,000 s.f.
Landscape Coverage on Parking Lot Areas	Minimum 5% of parking lot area to be landscaped to achieve 50% shade coverage within 15 years as depicted on the Conceptual Landscape Exhibit (Figure 7) attached to the ordinance codified in this chapter; requirements provided per Section 17.78.060
Freestanding Signs	Limited to 25 feet in height, with maximum sign face of 60 s.f., consistent with Conceptual Sign Program (Figure 8) attached to the ordinance codified in this chapter
Lighting Standards	Provided per Kerman Improvement Standards Manual
Fences, Walks and Hedges	Standards provided per Sections 17.40.040 and 17.78.070 and as reflected on the conceptual plans depicted in Figures 4, 7, 11 and 13 attached to the ordinance codified in this chapter
Parking (including off-street parking and loading standards)	Standards provided per Chapter 17.74, as reflected on the conceptual plans depicted in Figures 4, 11 and 13 attached to the ordinance codified in this chapter

2.    General Design Concepts.  Within the specific plan site, general site design addresses the nature and function of the use, building or feature being considered.  Architectural design and details are to be integrated throughout the specific plan site and oriented to areas within public view.  Design within the specific plan site shall meld function and form, not to the exclusion of the other.  The specific plan’s design and appearance of the development will be of high quality and will incorporate elements that reflect the local character of Kerman and will blend the buildings in with the surrounding area.

To facilitate design integrity among the variety of uses within the specific plan, the following standards shall apply, and shall be administered in accordance with Section 17.49.050:

a.    Development within the specific plan site shall be constructed/designed in substantial conformance with the conceptual site plan (Figure 4) and conceptual elevation plan (Figure 5) and the conceptual colors and materials exhibit (Figure 6), attached to the ordinance codified in this chapter.

b.    An alteration or expansion of facilities or increase in the developed area of the specific plan site that does not substantially conform to the conceptual site plan (Figure 4 attached to the ordinance codified in this chapter), as determined pursuant to the substantial conformance procedure set forth in Section 17.49.050, may require submission of an additional land use application for review and approval by the city.

c.    The developer shall maintain all landscaping, fencing and structures regularly so that all facets of the development are kept in continual good repair, including but not limited to the removal of graffiti and the continued provision of healthy, thriving landscaping.  The specific plan site shall be maintained so that it is visually attractive and not dangerous to the health and welfare of the surrounding properties.

d.    The site plan and building elevation drawings for the specific plan site shall be submitted to the planning department for final review and approval by the director of planning and development prior to the issuance of a grading permit, in accordance with the substantial conformance procedure set forth in Section 17.49.050.  Substantial conformance with the specific plan shall be achieved prior to issuance of any certificates of occupancy or as may be modified by the director of planning and development in accordance with Section 17.49.050.

e.    Prior to submittal of the building permit, the developer shall submit a detailed architectural plan substantially consistent with the conceptual elevation plan (Figure 5) and conceptual colors and materials (Figure 6) attached to the ordinance codified in this chapter.  The architectural elements for the buildings shall be consistent and integrated into the overall design of the building.  The building facade shall feature enhanced articulation along all building facades through the use of varied colors, building materials and designs, in substantial conformance with Figure 6 attached to the ordinance codified in this chapter.  Any major modifications to the conceptual elevation plan (Figure 5) or conceptual colors and materials (Figure 6) attached to the ordinance codified in this chapter shall be submitted to the planning division for ministerial review and approval by the director of planning and development in accordance with Section 17.49.050, prior to issuance of a building permit.

f.    All meters, valves, pipes and any other mechanical/plumbing/electrical appurtenances on the building exterior shall be painted and/or textured to match the building color.

g.    Buildings within the specific plan site shall incorporate where feasible graffiti resistant materials.  The developer shall at all times maintain an adequate amount of paint matching the development and shall abate any graffiti at the specific plan site within forty-eight hours of appearance of such graffiti.

h.    The maximum height of the major tenant in the retail center shall not exceed forty feet in height.

3.    Landscaping.  The quality environment envisioned by the specific plan will be established, in large part, by its landscape treatment.  As shown on the conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter, landscaping on the specific plan site is designed to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.  Landscaping is also intended to give structure and identity to the overall development.  Landscape islands will be constructed in the parking areas, which will satisfy the city’s landscaping requirements (Figure 7) attached to the ordinance codified in this chapter.  Landscaping will be irrigated in a manner that focuses on water conservation, with properly designed and installed low-volume irrigation run by an evapotranspiration-based control system.  The conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter for the specific plan site satisfies all applicable city requirements as set forth in Section 17.78.060, including a minimum twenty-foot landscaped setback along the Whitesbridge Avenue frontage; and a minimum of five percent of the parking lot areas will be landscaped in a manner to achieve fifty percent shade coverage in fifteen years.

Development of the specific plan shall adhere to the following requirements:

a.    Landscaping in the specific plan site shall substantially conform to the conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter.

b.    The main internal road shall include a landscaped median along with accent stamped pavement substantially conforming to the conceptual plans attached to the ordinance codified in this chapter as Figure 4 (Conceptual Site Plan), Figure 7 (Conceptual Landscape Exhibit), and Figure 13 (Conceptual Outlot Area Exhibit).

c.    The developer shall provide four copies of complete landscape and irrigation plans for the planting/replanting and permanent irrigation system for development of the specific plan site to the director of planning and development as required per Environmental Standard AES-1c, and which shall substantially conform to the conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter.  The plan shall include the type, size, and location of all plant material and utilize indigenous landscaping to minimize water consumption.  The landscape and irrigation plan shall be prepared by a licensed landscape architect and shall be prepared in substantial compliance with Figure 7 attached to the ordinance codified in this chapter and the city of Kerman’s water efficiency landscape ordinance pursuant to Environmental Standard PSU-3a.

d.    A ten-foot landscape strip shall be provided along the western edge of the main drive from Whitesbridge Road south to include the turnaround.

e.    Two additional pedestrian walkways shall be provided in the landscape islands within the main parking area for a total of three pedestrian walkways.

f.    As depicted in Figure 7 (Conceptual Landscape Exhibit) attached to the ordinance codified in this chapter, site landscaping shall incorporate shade and ornamental trees, shrubs and vines, groundcover and lawn.  Drought tolerant landscaping and a drip irrigation watering system are encouraged in areas as appropriate.

i.    Dense landscaping (vines, shrubs) shall be provided to screen outdoor trash enclosures, transformers, generators, and other elements visible from public streets.  Shrubs should be a minimum of one gallon in size; however, a mix of one-gallon and five-gallon shrubs is strongly encouraged.

ii.    A minimum fifteen-gallon shade tree shall be installed every twenty-five feet along the street frontages at Whitesbridge Road (SR 180) and Goldenrod Avenue.

iii.    All landscaping and the irrigation system shall be installed prior to issuance of a certificate of occupancy and shall be permanently maintained in a healthy and weed-free condition.

iv.    The irrigation system shall be designed to prevent overspray onto walkways, parking areas, buildings, and fences.

v.    The irrigation system shall include, where practical, drip, bubbler or other nonaerial water application methods or system.  The system shall include automatic valves/timers for controlled application.

vi.    The landscape irrigation system shall have a separate meter from the building.

g.    A variety of shrubs and ground cover that provide color and vibrancy shall be planted in the median at the entry in lieu of turf as shown in the conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter.

h.    A minimum 2:1 mound shall be provided in the landscape setback area along new internal roadway and on Goldenrod Avenue.

i.    Voltage boxes, mailboxes, trash enclosures, maintenance structures, backflow devices, automatic controls, air conditioning/heating units, etc., shall be screened with landscaping and/or decorative fencing/trim.

j.    All parking lots of ten spaces or more shall have at least five percent of the parking lot devoted to landscaped planters.  One fifteen-gallon tree shall be planted for every five parking stalls and distributed so as to provide a fifty percent shade cover within fifteen years as reflected on the conceptual site plan (Figure 4) and the conceptual landscape exhibit (Figure 7) attached to the ordinance codified in this chapter.

k.    Backflow preventers for landscaping irrigation and domestic water shall not be located at visually prominent locations (such as the end of drive aisles or at site entries) and shall be well screened with shrubs or low screen walls.

l.    Inorganic ground cover (gravel, bark, or crushed rock) should only be used as an accent material and is otherwise encouraged, but it should not be used as an alternative to ground cover.

m.    All landscaped areas shall have automatic irrigation systems installed to ensure plant material survives.  Drip irrigation is encouraged where appropriate.

n.    Screen existing electrical transformers located at the southeast corner of the specific plan site through use of varied and dense landscaping (per utility company standards and approval).

o.    The developer shall construct an eight-foot-high concrete masonry block sound wall on a two-foot berm for a total height of ten feet along the southern edge of the property as required per Environmental Standard NOI-4a.  The block wall shall include a decorative cap and be painted or stucco-finished to match color scheme and architecture of the main building.

p.    The developer shall consent to the first year assessment for the Kerman lighting and landscape maintenance district for costs associated with public street lighting and median island landscaping.

4.    On-Site Circulation, Loading and Parking.

a.    On-Site Circulation, Loading.  Truck deliveries and loading will occur at four loading docks in the rear of the major tenant.  Truck deliveries to the specific plan site will access the site with a turn onto Goldenrod Avenue from Whitesbridge Road and enter the site at the secondary driveway along the rear of the building where the loading area is located.  A truck turn-around area will be included to the southwest of the major tenant.  Trucks will exit from the same route.  Northbound vehicular traffic on Goldenrod Avenue will be restricted from making a left turn into the secondary driveway so as to reduce turning conflicts, and traffic will be directed to the main access on Goldenrod Avenue, which will have a dedicated left-turn lane.  It is anticipated that approximately seven to nine eighteen-wheeler trucks will deliver merchandise seven days a week, throughout the day.  Eight to ten smaller vendor trucks will also make deliveries five days a week.

Several internal pedestrian pathways will be included to facilitate pedestrian movement throughout the specific plan site, as depicted in Figure 11 (Conceptual Site Circulation Exhibit) attached to the ordinance codified in this chapter.  A main pedestrian pathway is provided down the middle of the parking area connecting the various uses within the retail center.  Another pathway wraps around the development connecting the major tenant to street frontages and providing pedestrian access around the specific plan site.  The two pathways along the proposed internal roadway and on Goldenrod Avenue feature curvilinear sidewalks to add visual interest to the retail center.

b.    Parking.  The city requires parking at a ratio of four and one-half spaces per one thousand square feet of retail stores and shopping centers.  Development of the specific plan shall satisfy these and other applicable requirements as set forth in Chapter 17.74.

Off-street parking configurations within the specific plan site shall adhere to the following requirements, as do the conceptual site plan (Figure 4) and the conceptual outlot area exhibit (Figure 13) attached to the ordinance codified in this chapter:

i.    The number of parking spaces shall comply with Section 17.74.030.

ii.    One handicapped accessible parking space shall be provided for each fifty parking stalls.  Handicapped parking spaces shall be located as near as practical to the primary entrance or shall be located to provide for safety and optimum proximity to the entrances of the building.  Handicapped parking shall be designed in accordance with standard requirements and as shown on the conceptual site plan (Figure 4) attached to the ordinance codified in this chapter.

iii.    Parking and on-site circulation requirements shall be maintained as follows:

(A)    All markings to include parking spaces, directional designations, no parking designations and fire lane designations shall be clearly defined (as required by the fire department) and said markings shall be maintained in good condition at all times.

(B)    Parking and site circulation surfaces shall be maintained in good condition at all times.

(C)    All parking stalls shall be clearly striped using double striping and permanently maintained.

5.    Outdoor Storage and Trash Enclosures.  To ensure appropriate screening of and maintenance for outdoor storage and trash enclosures within the specific plan site, development of the specific plan site shall comply with the applicable requirements set forth in Section 17.78.040.  In addition, the following standards shall be applicable:

a.    Trash enclosures shall be constructed of durable materials and the color, texture and architectural detailing shall be consistent with the overall site and building design.  Gates on the enclosures shall be constructed of metal or some other comparable material and shall be painted to match the enclosure.  Use of chain link/wood for gates is prohibited.

b.    A concrete pad inside enclosures should be included to prevent damage to ground surfaces from filled containers.  The pad should extend ten feet in front of gates.

c.    A separate pedestrian entrance to the trash enclosure for the future outlots is strongly encouraged for convenience of the tenants and to limit the frequency of access gates being opened.

d.    All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that visual or other impacts and environmental public health nuisances are minimized and complies with Title 8.

6.    Walls, Fencing and Screening.  As discussed above, development within the specific plan site will be required to ensure that outdoor storage and trash enclosures are appropriately screened.

Also, development of the specific plan site shall comply with the applicable requirements set forth in Sections 17.78.060 and 17.78.070, as well as the following additional requirements in connection with walls, fences, above-ground utilities and other project-related equipment:

a.    Proposed eight-foot-tall block wall shall be either split face or if smooth face wall shall be stucco textured and/or painted to be consistent with, and complementary to, building materials and finishes for the main buildings.

b.    Roof-mounted heating and air conditioning units or other mechanical equipment shall be set back from the roof edge, placed behind parapet or in a well so that they are visually screened from public viewing.  All roof-mounted mechanical equipment on the building shall be acoustically shielded.  Screening for roof-mounted equipment shall be integrated into the building and roof design and use compatible materials, colors and forms.  Wood lattice or fence-like coverings are prohibited for screening.

c.    Any above-ground utilities including street lights, fire hydrants, postal boxes, etc., shall be installed behind sidewalks.  If located adjacent to buildings, transformers and protective bollards shall be painted to match the building and all transformers shall be screened from public view by dense landscaping.

d.    The use of chain link, barbed-wire, or concertina-wire is prohibited.

7.    Signage.  Signage and graphics will be an important element within the specific plan.  The developer shall be required to submit a final sign program substantially consistent with Figure 8 (Conceptual Sign Program) attached to the ordinance codified in this chapter to the city for review and approval before building permit issuance, which shall be ministerial and not subject to appeal.  The intent of the sign program is to provide individual tenants maximum sign exposure in a manner that will complement the overall image of the project.  Compatibility of sign size and quality is desired, along with a varied palette of style and character.  This combination will enhance the individuality and personality of each individual development within the specific plan site.

The developer shall implement the approved sign program into any proposed development in the specific plan site, and such program shall substantially conform to Figure 8 (Conceptual Sign Program) attached to the ordinance codified in this chapter.  As set forth in Section 17.49.050, any review and approval of a sign program shall be a ministerial, final action that cannot be appealed.  The intent of the review is to ensure compliance with the signage requirements of the specific plan.  Changes in existing sign copy and relocation of existing signs that do not change the existing sign area shall be deemed to substantially comply with the signage requirements of the specific plan and shall not require any additional approvals.

Chapter 17.76 (Sign Ordinance) requires a building permit for each sign and describes the permissible signs in each zone.  There are specific provisions in the code relating to signs in the general commercial zoning district, in which the specific plan site is located, with which the conceptual sign program (Figure 8) attached to the ordinance codified in this chapter is consistent.  The applicable provisions stated in Chapter 17.76 (Sign Ordinance) apply to the specific plan site.

The following additional signage requirements shall be applicable within the specific plan site:

a.    No sign shall interfere with a driver’s or pedestrian’s view of the public right-of-way or in any other manner impair public safety, or interfere with the safe operation of a motor vehicle on public streets.  This includes, but is not limited to, the driver’s view of approaching, merging or intersecting traffic.

b.    The developer shall submit a final sign program for all freestanding and wall signage to the city of Kerman for review and approval prior to issuance of the first building permit for development within the specific plan site as required per Environmental Standard AES-1b.  The final sign program shall be substantially consistent with Figure 8, attached to the ordinance codified in this chapter.

c.    All traffic signs, including speed limit signs, required by the police department, and street signs required by the city engineer, shall be provided by the developer in accordance with the standards and specifications of the city of Kerman and the MUTCD (CA).

8.    Noise.  Development and operations of any facility within the specific plan site shall comply with the noise mitigation requirements set forth in the Environmental Standards Table (see Section 17.49.060).

Noise generated by construction and stationary activities within the specific plan site will be required to comply with the city’s noise regulations, as follows.  Construction-related noise will be reduced by limiting construction to daytime hours; ensuring all equipment has the proper mufflers and engine shrouds; ensuring that construction staging and the maintenance of heavy equipment is carried out at least three hundred feet from the nearest residence; building a temporary, ten-foot-high wall during construction along any segment of the perimeter of the specific plan site that lies within five hundred feet of any residence (per Environmental Standard NOI-4b).

The anticipated stationary noise impacts associated with development of the specific plan site (i.e., on-site roads, roof-top mechanical equipment, trash compactors, truck loading, parking lot areas, garden center and drive-through speaker) will be reduced with the construction of an eight-foot-high sound wall along the southern property line and along the southern edge of the truck loading dock for the major tenant (per Environmental Standard NOI-4a).

9.    Lighting.  Development on the specific plan site will include the installation of exterior building lights, freestanding parking lot lights, and building-mounted illuminated signage, typical for this type of commercial development.

a.    The lighting proposed throughout the specific plan site shall comply with applicable lighting standards as set forth in the Kerman Municipal Code, Kerman Improvement Standards Manual, and the following additional lighting standards:

i.    Lighting sources should have cut-off lenses and should be located to avoid light spillage and glare on adjacent properties and in private properties.

ii.    Light fixtures in the parking areas shall provide complementary color and include appropriate shielding.  Pedestrian light fixtures at gathering areas, along walkways, and to exterior building lighting shall be decorative and compatible with the architectural design of the building.

iii.    Streets, entry drives, drive aisles, and parking areas shall have a minimum illumination of one foot-candle at the pavement surface.

b.    Public Area Lighting.  Public area lighting refers primarily to street lights along public streets.  Street lights shall be approved by the city, both in type and location.

In addition, the following requirements shall apply:

i.    The developer shall be required to install street lights on metal poles to city standards at the locations designated by the city engineer.  Street light locations shall be shown on the utility plans submitted with the building permit application for approval.  Street lights shall be owned and maintained by the city of Kerman.  Developer shall prepare a street lighting plan for approval by the city engineer.

c.    Site Lighting.  The following section addresses illumination of on-site areas for purposes of safety, security, and nighttime ambience, including lighting for parking areas, pedestrian walkways, graphics and signage, architectural and landscape features, shipping and loading areas, and any additional exterior areas.  All lighting on the specific plan site will be directed downward, shielded or recessed.

i.    Exterior Lighting.  Various one-, two-, three- and four-light fixtures will be mounted throughout the parking areas and driveway.  Parking lot lights will be affixed to thirty-nine-foot poles mounted on three-foot bases, for a total height of forty-two feet above grade.  In addition, low-level accent lighting will be provided along the center pedestrian travel way located in the parking lot, extending from the outlot area south to the main store entrance.

Decorative wall lighting fixtures will be used to highlight wall areas along the front facade and below canopies at pedestrian level along the main entries and the sign wall to create a nighttime environment that promotes safe movement of pedestrian and vehicle traffic.  Tenant entries will be accented by recessed lighting.  Security lights at service areas and store exits will be wall-mounted and will incorporate cut-off shielding as needed.

ii.    Illuminated Signage.  The major tenant will include an illuminated sign over the main entrance; the pylon and monument signs will also be illuminated.  All other signage will not be internally illuminated.

10.    Security Features.  The Kerman police department will serve the specific plan site.  The following security measures will be undertaken by the developer as part of developing the specific plan site:

a.    Conduct a risk analysis (crime survey) of the area to evaluate the security needs for the major tenant and implement a security plan based upon this analysis.

b.    As appropriate based upon the crime survey and based on Kerman police department recommendations, provide twenty-four-hour manned roving security patrol throughout the parking lot areas and the rear of the building.  If the developer intends to use an outside private security company, the firm must be from the approved list provided by the police department or otherwise approved by the police department.

c.    Install staffed, high-quality resolution video surveillance cameras throughout the parking lot areas, with consultation from the Kerman police department.

d.    The developer and the Kerman police department shall confer annually to review the retail center’s security plan, pursuant to Environmental Standard PSU-2.

e.    Establish a major tenant risk control team, which is a team of associates responsible and trained to identify and correct safety and security issues in the major tenant at the specific plan site; in addition, sufficient professionally trained major tenant loss prevention staff will be provided.

f.    Ensure that the specific plan site layout for the parking lot areas is properly designed to provide maximum safety and security through adequate lighting, egress, and ingress.

g.    Prohibit the use of alcohol in the parking lots by having associates regularly "patrol" the parking areas while collecting shopping carts, and report any inappropriate activity to the store managers.  (Also, in accordance with state law, alcohol sales will not occur between two a.m. and six a.m.)

h.    Install security and alarms in the pharmacy of the major tenant, if a pharmacy ultimately is included in the major tenant.

i.    Provide the Kerman police department with reasonable access to surveillance video for prosecution of suspects.  Surveillance cameras should be of sufficient quality to ensure identification of suspects.

j.    Prohibit overnight RV parking in all parking areas on the specific plan site.

k.    Prohibit the private sale of vehicles in the parking lot areas.  (Ord. 11-01 §1(Exh. A)(part), 2011).

17.49.040 Infrastructure, access, grading and construction.

The conceptual site utility exhibit for the intended development of the specific plan site is illustrated in Figure 9 attached to the ordinance codified in this chapter.  The off-site improvements that will be completed to serve the specific plan are illustrated in Figure 10 attached to the ordinance codified in this chapter.

A.    Infrastructure.

1.    General Provisions.  Development of the specific plan site shall comply with the following general requirements as they relate to infrastructure:

a.    The development shall comply with all applicable Municipal Code standards as set forth in this specific plan, as applied by the city engineer.

b.    The developer shall construct and operate the retail center on the specific plan site in strict compliance with the requirements and standards contained herein, other applicable city standards, laws, and ordinances, and in compliance with all state and federal laws, regulations, and standards.  In the event of a conflict between city laws and standards and a state or federal law, regulation, or standard, the stricter or higher standard shall control.  In the event of a conflict between the provisions of the specific plan and a subsequently enacted city standard, ordinance or policy, the provisions of this specific plan shall control.

c.    The developer shall be responsible for all actions of its contractors and subcontractors during the course of any work occurring on the specific plan site.  The developer shall designate, in writing before starting work, an authorized representative who shall have complete authority to represent and to act for the developer.  Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the specific plan site.  During any periods when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work which may be required.  When the developer or its authorized representative is not present on any particular part of the work where it may be necessary to give directions, orders may be given by the city engineer which shall be received and obeyed by the person or persons in charge of the particular work in reference to which the orders are given.  Whenever orders are given to the developer’s representative or superintendent or foreman to do work required for the convenience and safety of the general public because of inclement weather or any other such cause, such work shall be done at the developer’s expense.

d.    All existing on-site agricultural irrigation systems shall be identified.  Their disposition shall be in accordance with the requirements of the city engineer.  The developer shall provide details of all existing irrigation systems to the city engineer for specifications of abandonment or relocation.  The developer shall consult with the Fresno Irrigation District for any additional requirements for lines to be abandoned.  The developer shall provide waivers from all users.

e.    The developer shall dedicate ten-foot public utility easements along Whitesbridge Road and Goldenrod Avenue.

f.    The developer shall be required to provide clean-up, street sweeping and dust control during the construction on the specific plan site to the satisfaction of the city engineer and public works director.  A deposit of five thousand dollars shall be paid to guarantee compliance, and the deposit may be used to pay for street sweeping and dust control if the developer does not comply to the satisfaction of the city engineer.

g.    Developer shall record a covenant for cross access, utilities and drainage purposes concurrently with the issuance of the building permit for the major tenant.

h.    In the event a final parcel map is recorded prior to the installation of the off-site improvements, then the developer shall enter into a deferment agreement with the city.

2.    Water Facilities.  The city will provide potable and recycled water service (when available) to the specific plan site to serve the development.  The specific plan site will be served with potable water by the city of Kerman’s municipal water system, which relies on groundwater from the Kings Groundwater Subbasin.  It is estimated that sufficient water is available to meet the needs of Kerman through the year 2030 and that no additional entitlements or supplies not previously contemplated will be required.

Development of the specific plan site is expected to demand thirteen thousand six hundred ninety-eight gallons of water per day, which translates to 15.3 acre-feet annually.

Table 3.
  Water Demand

Land Use Type (acreage)	Water Consumption Gallons per Day (GPD)	Estimated Annual Water Consumption (Acre-Feet)
Major Tenant (Commercial)	8,513 GPD	9.5 acre-feet
Outlots (Retail, Restaurant)	5,185 GPD	5.8 acre-feet
Total	13,698 GPD	15.3 acre-feet

An existing twelve-inch potable water line is located within Goldenrod Avenue and currently terminates at the specific plan site’s southern boundary.  This line will be extended approximately one thousand seventy lineal feet north on Goldenrod Avenue to the Whitesbridge Road frontage, and will provide potable water.

An existing eight-inch recycled water line is located within Goldenrod Avenue and currently terminates at the specific plan site’s southern boundary.  This line is currently unused and is part of the city’s planned recycled water distribution system.  This line will be extended approximately one thousand seventy lineal feet along Goldenrod Avenue to Whitesbridge Road and then approximately eight hundred ninety lineal feet west along the Whitesbridge Road frontage.  This line will provide recycled water to the specific plan site to serve the project, when available.

Development of the specific plan shall comply with the following requirements:

a.    The developer shall be required to install a separate water meter for each building at the time of rough plumbing.

b.    The developer shall be required to install a twelve-inch water main in Goldenrod Avenue from Stanislaus Avenue to Whitesbridge Road and a twelve-inch water main in Whitesbridge Road from Goldenrod Avenue to the end of the existing main on the north side of Whitesbridge Road approximately one thousand five hundred fifty feet west of Goldenrod Avenue.

c.    The developer shall be required to install an eight-inch purple pipe system in Goldenrod Avenue from Stanislaus Avenue to Whitesbridge Road and an eight-inch water main in Whitesbridge Road from Goldenrod Avenue to the west boundary of the site.

d.    The developer shall be required to install on-site water mains serving fire hydrants and water services shall be placed in a ten-foot-wide easement in favor of the city of Kerman.  Fire sprinkler services shall have detector check valves.

e.    Landscape water services shall be separate from domestic water services.  Landscape water service for the median islands shall have dual services from potable and purple pipe water systems.

f.    The developer shall be required to install RP backflow devices on water services.  Fire service will require detector check valve.

g.    No water service connection shall be made to the city of Kerman water system until a bacteriological report has been accepted by the city engineer.

h.    The developer shall be required to abandon all existing water wells within the specific plan site per the city of Kerman building official and California Department of Public Health.

It is anticipated the developer of the specific plan will grant FID a replacement fifteen-foot exclusive easement parallel and adjacent to, or outside of, the ultimate roadway right-of-way.  It is also anticipated that FID’s existing twenty-four-inch pipeline along the south side of Whitesbridge Road will be replaced with a new, twenty-four-inch concrete pipe.  In addition, it is anticipated that an inactive seven-hundred-foot, twenty-inch-diameter rubber-gasket-reinforced, PVC pipeline that extends south from Whitesbridge Road along the west side of Goldenrod Avenue will be removed as part of the development of the specific plan site.

3.    Wastewater Facilities.  The city will provide wastewater service to the specific plan site to serve the retail center.  The city’s wastewater treatment plant is near its design capacity of 1.2 mgd.  The city is in the process of expanding the treatment plant to two mgd, which is scheduled for completion in the summer of 2011.  Based on current growth projections, the expansion will provide capacity for the city (including the proposed development on the specific plan site) to the year 2022.

Development of the specific plan site is expected to generate four thousand six hundred eighty-eight gallons of wastewater per day.  This figure is based on the assumption that wastewater represents ninety percent of domestic water use, which is consistent with industry standards.

Table 4.
  Wastewater Generation

Land Use Type (Acreage)	Wastewater Generation Gallons Per Day (GPD)
Major Tenant (Commercial)	2,821 GPD
Outlots (Retail, Restaurant)	1,867 GPD
Total	4,688 GPD

An existing fifteen-inch sewer line is located within Goldenrod Avenue and currently terminates at the specific plan site’s southern boundary.  This line will be extended approximately one thousand seventy lineal feet north on Goldenrod Avenue to the Whitesbridge Road specific plan site frontage, and will provide sewer service to the specific plan site to serve the proposed development.

The following additional standards shall apply to development within the specific plan site:

a.    The developer shall be required to install a fifteen-inch sewer main in Goldenrod Avenue from Stanislaus Avenue to Whitesbridge Road.  All parcels within the specific plan site shall drain to Goldenrod Avenue.

b.    The developer shall be required to abandon all existing septic systems per the city of Kerman building official and California Department of Public Health.

c.    All restaurant or food preparation uses shall install a grease trap on their sewer lateral to the satisfaction of the director of public works.

4.    Water Quality.  To address water quality issues in connection with development of the specific plan site, the following additional standards shall apply:

a.    The developer shall submit a stormwater pollution prevention plan (SWPPP) to the building official as required.

b.    The developer shall, for construction activity prior to clearing, grading or excavation on one acre or more of land area, obtain an NPDES permit and implement best available technology economically achievable and best conventional pollutant control technology to reduce or eliminate stormwater pollution.

c.    The developer shall submit copies of (i) the required SWPPP required hereunder with notice of intent, and (ii) the required SJVAPCD dust control plan or construction notification to the public works director prior to issuance of grading permit.

5.    Storm Drains.  The specific plan site will contain adequate storm drainage facilities to ensure that runoff is captured and conveyed to the city’s Basin E, as follows.  The developer of the specific plan site will install an on-site storm drainage system consisting of inlets and piping, which will capture runoff from the specific plan site and convey it to the city’s municipal stormwater system and FID facilities.

In addition, the following drainage improvements will be required as part of the development of the specific plan site:

a.    Currently, a thirty-inch-diameter storm drain pipeline is located in alignment to 16th Street and terminates two hundred feet north of Stanislaus Avenue, west of the specific plan site.  This storm drain discharges into Basin E, a groundwater recharge basin located southwest of the Stanislaus Avenue/16th Avenue intersection.  This thirty-inch line will be extended approximately four hundred fifty-five lineal feet from its current terminus to the specific plan site.  This line will convey runoff from the specific plan site to Basin E, which was recently expanded to serve new development in the specific plan site vicinity and has the capacity to accommodate runoff from the specific plan site.

b.    Currently, an eighteen-inch-diameter storm drain/recharge line is located within Goldenrod Avenue and terminates at the southern boundary of the specific plan site.  This line will be extended approximately one thousand seventy lineal feet north on Goldenrod Avenue to the Whitesbridge Avenue specific plan site frontage, where it will connect to an existing FID canal.  This line will convey runoff that occurs within the Goldenrod Avenue right-of-way to Basin E during the rainy season and will convey irrigation water from the FID canal to Basin E during the summer months for groundwater recharge purposes.

c.    The developer shall be required to install the following storm drain pipelines:

i.    A twenty-four-inch storm drain pipeline from the westerly property boundary to the north line of Outlot A of Tract No. 5928.

ii.    Install an eighteen-inch-diameter storm drain pipeline in Goldenrod Avenue from Stanislaus Avenue to Whitesbridge Road.

iii.    Install a thirty-inch pipeline in Whitesbridge Road from Vineland Avenue to the west end of APN 025-130-72.

(A)    The developer shall obtain easements in favor of the city of Kerman for any of these pipelines not within public rights-of-way.

6.    Solid Waste Disposal.

a.    Construction Waste.  Short-term construction waste generation is summarized in Table 5 below.  The estimate of one thousand five hundred twenty-two tons was calculated using demolition and construction waste generation rates provided by the U.S. Environmental Protection Agency, using industry standard assumptions to determine short-term construction waste generation.

Table 5.
  Estimated Construction Waste Generation

Activity	Waste Generation Rate	Square Footage	Construction Waste Generation (tons)
Demolition	155 pounds/square foot	15,000	1,163
Construction	3.89 pounds/square foot	184,446	359
Total			1,522

Notes:  1 ton = 2,000 pounds

Source:  U.S. Environmental Protection Agency, 1998

The estimate of one thousand five hundred twenty-two tons of construction waste is an extremely small amount relative to the remaining capacity at the American Avenue Disposal Site, and the city of Kerman is currently meeting the state’s diversion goal.  In addition, development on the specific plan site will implement a number of programs to further reduce construction waste, including:

i.    For the major tenant’s exterior and interior field paint coatings, low volatile organic compound paint products will be purchased primarily in fifty-five-gallon drums and two-hundred-seventy-five-gallon totes, reducing the number of one-gallon and five-gallon buckets.  These paint drums and totes will then be returned to the paint supplier, to be cleaned and reused.

ii.    Approximately fifteen to twenty percent supplemental cementitious material (fly ash) or twenty-five to thirty percent slag will be used in constructing the major tenant, thereby reusing waste product materials.

iii.    Approximately ninety to ninety-eight percent recycled steel, nonreinforced thermoplastic sheets, and plastic baseboards and much of the plastic shelving made from recycled materials will be used.

iv.    The major tenant will employ a construction and demolition program in order to capture and recycle as much of the metals, woods, floor and ceiling tiles, concretes, asphalts and other materials as part of the major tenant’s demolition and construction process as feasible.

b.    Operational Waste.  Operational solid waste generation estimates were calculated using a standard commercial waste generation rate provided by Cal Recycle.  Development of the specific plan site is expected to create four hundred forty-three tons of waste annually.

Table 6.
  Estimated Operational Waste Generation

Waste Generation Rate	Square Footage	Annual Waste Generation (tons)
4.8 pounds/square foot/per year	184,446 s.f.	443

Notes:  1 ton = 2,000 pounds

In addition, development of the specific plan site will involve the implementation of a number of programs that will help further reduce operational waste.  Specifically, the major tenant will include an enhanced recycling program, which will be designed and equipped to accept the following materials for recycling:

i.    Aluminum.

ii.    Plastic (including bottles, bags, garment bags, shrink wrap, and bubble pack).

iii.    Glass.

iv.    Cardboard.

v.    Vegetable oil.

vi.    Motor oil (including a recycled oil capture, which will harvest maximum oil for recycling and will minimize the potential for spills).

vii.    Tires.

viii.    Auto batteries.

ix.    Single-use cameras.

x.    Silver (from photo processing).

xi.    Wooden shipping pallets.

7.    Electricity, Natural Gas and Telephone.  PG&E will serve the development proposed on the specific plan site with electricity and natural gas.  Table 7 below provides an estimate of the anticipated annual electricity and natural gas consumption.  These figures were derived from energy consumption rates provided by the United States Energy Information Administration.  The consumption rates are based on national consumption figures for commercial buildings that operate continuously and, therefore, may overstate actual consumption, because they include structures located in different climate regions or states with less stringent energy efficiency standards than California.

Development of the specific plan site is anticipated to require 2.9 million kilowatt hours annually of electricity and require 10.8 million cubic feet annually of natural gas.

Table 7.
  Estimated Energy Demand

Source	Annual Consumption Rate	Square Footage	Annual Consumption
Electricity	15.7 kWh/square foot	184,446 s.f.	2.9 million kWh
Natural Gas	58.3 cubic feet/square foot		10.8 million cubic feet

Development on the specific plan site will be designed in accordance with Title 24, California’s Energy Efficiency Standards for Residential and Nonresidential Buildings.  These standards include minimum energy efficiency requirements related to building envelope, mechanical systems (e.g., HVAC and water heating systems), indoor and outdoor lighting, and illuminated signs.  In addition to the Title 24 standards, it is anticipated that the development will incorporate numerous sustainable features, as described in Section 17.49.030(B).

The developer of the specific plan site will abandon the existing electricity and telecommunications connections and develop new connections to the major tenant and the outlots.  The existing overhead utility lines will be relocated and undergrounded along the specific plan site’s Whitesbridge Avenue and Goldenrod Avenue frontages.

In addition, the developer will comply with the following:

a.    The developer shall comply with the requirements of the Pacific Gas and Electric Company (PG&E), Kerman Telephone Co. (Kerman Telephone) and Media One.  It shall be the responsibility of the developer to notify PG&E and Kerman Telephone to remove or relocate utility poles where necessary.

b.    All existing overhead and any new utility facilities located on site or within the street right-of-way along the streets adjacent to this tract shall be undergrounded unless otherwise approved by the city engineer.

8.    Fire Protection and Emergency Medical Services.  The fire district will serve the specific plan site.  Development of the specific plan site will be constructed in accordance with all applicable fire safety code requirements.  In addition, development within the specific plan site will be required to comply with the following:

a.    On-site hydrants are required.  Fire hydrants shall be spaced no more than six hundred feet apart, with the travel distance to a hydrant over a paved surface shall not exceed three hundred feet.  Install on-site hydrants with a minimum eight-inch main and a fire flow of one thousand five hundred GPM.  A minimum of six hydrants are required (two along the back of the major tenant building, two at the front of the major tenant building and two along the outlot buildings).  Fire hydrant locations shall be approved by the fire department.  Turns for fire apparatus access shall have a minimum forty-four-foot centerline turn radius.

b.    All required fire access lanes shall be provided and maintained with an approved "all weather" surface capable of supporting eighty-thousand-pound vehicles (minimum four inches of base rock over compacted or undisturbed native soil or per approved engineered plans) year-round and with twenty-four feet minimum width or other approved method that will prevent shoulder degradation.

c.    Provide note on site plan:  Fire hydrants and access roads shall be installed, tested and approved and shall be maintained serviceable prior to and during all phases of development.  The four-and-one-half-inch outlet shall face the access lane.

d.    Access drives shall have a clear width of twenty feet.  The curbs shall be painted red and stenciled FIRE LANE every fifty feet or approved FIRE LANE signs posted at fifty-foot intervals.

e.    Provide note on site plan:  Provide sign(s) (seventeen-inch by twenty-two-inch minimum) at all public entrance drives to the property which state "Warning — Vehicles stopped, parked or left standing in fire lanes will be immediately removed at owner’s expense — 22658(a) California Vehicle Code — Kerman Police Department 846-6633."

f.    Fire lanes shall have their curbs painted red and stenciled FIRE LANE every fifty feet or approved FIRE LANE signs posted at fifty-foot intervals.

g.    Street address shall be installed on the building with numbers that are a minimum twelve inches in height and with a one-inch stroke.  The street address shall be visible from the street.  During the hours of darkness, the numbers shall be electrically illuminated (internal or external).

9.    Police Protection.  The Kerman police department will serve the specific plan site.  Development will comply with the security measures and operational procedures set forth above as well as in Environmental Standard PSU-2 (see Section 17.49.060), which are intended to deter criminal activity and ultimately reduce demands.

B.    Access.

1.    On-site circulation within the specific plan will ensure the efficient use and safe passage of vehicles and pedestrians to and from the various commercial uses within the specific plan site.  Vehicular access to the specific plan site will be taken from three points, listed below:

a.    Whitesbridge Road:  Side-street stop; right-in, right-out.

b.    Goldenrod Avenue (Main):  Side-street stop; full access.

c.    Goldenrod Avenue (Delivery):  Side-street stop; right-in, right-out.

2.    The Whitesbridge Road access point will serve as an internal roadway that will have two driveways providing access to the main parking field.  This roadway will also serve the planned commercial development to the west of the specific plan site.

3.    The developer of the specific plan site will install certain improvements to Whitesbridge Avenue and Goldenrod Avenue along the site frontage, as follows:

a.    Whitesbridge Road will be widened to provide three lanes (two eastbound lanes and one westbound lane) between the westerly site access and Goldenrod Avenue.  The widened roadway will be divided with a landscaped median along the specific plan site frontage from the intersection of Whitesbridge Road/Goldenrod Avenue to the westerly property boundary of the specific plan site.

b.    Goldenrod Avenue will be widened to provide three lanes (two through lanes in the southbound direction and one through lane in the northbound direction) between Whitesbridge Road and Stanislaus Avenue.  A raised center median will be installed between Whitesbridge Road and the main specific plan site driveway and between the main specific plan site driveway and Stanislaus Avenue.  (The latter median is intended to prevent left turns in and out of the delivery driveway.)  Turn lanes will be installed at Whitesbridge Road.

c.    The Whitesbridge Road/Goldenrod Avenue intersection will be signalized.  The signal will provide protected turn phasing.  Right- and left-turn lanes will be provided on all four sides of the intersection.

d.    Curb, gutter, and sidewalk will be installed along the specific plan site’s frontage.

e.    An additional fourth lane on Whitesbridge Road (westbound through lane) consisting of four lanes undivided for the section of Whitesbridge Road from the west boundary of the specific plan site to the existing four-lane segment just west of Vineland Avenue, and four lanes with a landscaped median along the specific plan site frontage.

f.    An additional fourth lane on Goldenrod Avenue (northbound through lane) between Whitesbridge Road and Stanislaus Avenue.  This additional northbound travel lane on Goldenrod Avenue shall serve through traffic and right turning movements at the intersection of Goldenrod Avenue/Whitesbridge Road.  In total, the developer of the specific plan site will provide four lanes undivided on this segment of Goldenrod Avenue with turn lanes at intersections and a raised landscaped center median between Whitesbridge Road and the main specific plan site driveway and between the main specific plan site driveway and Stanislaus Avenue.

4.    In total, approximately four thousand lineal feet of Whitesbridge Road and approximately one thousand eight hundred lineal feet of Goldenrod Avenue will be improved.  Upon completion, the following lane configurations will be provided:

a.    Whitesbridge Road:  Four lanes (two in each direction) between the existing four-lane segment west of Vineland Avenue and Goldenrod Avenue, with a transition to two lanes (one in each direction) east of Goldenrod Avenue.

b.    Goldenrod Avenue:  Four lanes (two in each direction) between Stanislaus Avenue and Whitesbridge Road, with a transition to two lanes (one in each direction) north of Whitesbridge Road.

5.    In addition to the proposed improvements set forth above, on-site circulation within the specific plan site shall adhere to the following requirements:

a.    Provide for an enhanced entry feature on outlot 3 facing the intersection of Whitesbridge Road and Goldenrod Avenue consistent with Figure 13 (Conceptual Outlot Area Exhibit) attached to the ordinance codified in this chapter.  The proposed entry feature design shall be submitted to the planning division for review and approval prior to issuance of a grading permit.

b.    Provide for a bus drop-off and pick-up pull out area with covered seating/shelter on the east side of the specific plan site on Goldenrod Avenue as depicted on the conceptual site plan (Figure 4) attached to the ordinance codified in this chapter.

c.    Provide bicycle rack(s) for the complex.  Bicycle rack(s) shall be located in highly visible and convenient areas (e.g., common areas or near building entries) as depicted on Figure 11 (Conceptual Site Circulation Exhibit) attached to the ordinance codified in this chapter.

d.    The developer shall construct all arterial, collector, or local streets along the specific plan site’s frontage, in accordance with the City of Kerman Improvement Standards Manual and the Kerman 2007 General Plan and any amendments thereto, and as depicted on Figure 10 (Offsite Street Work Exhibit) attached to the ordinance codified in this chapter.  This includes frontage improvements along Whitesbridge Road (SR 180) and Goldenrod Avenue.

i.    Whitesbridge Road:  Install concrete curb, gutter and sidewalk along specific plan site frontage.  Install median island (including landscaping) and paving for two eastbound travel lanes and two westbound travel lanes as approved by the city engineer.  Work in Whitesbridge Road will require an encroachment permit from Caltrans.

ii.    Goldenrod Avenue:  Install concrete curb, gutter and sidewalk along specific plan site frontage.  Install median island (including landscaping) and paving for parking lane, bike lane on the west half and two southbound travel lanes and two northbound travel lanes from Whitesbridge Road to Stanislaus Avenue, to include curb and gutter on the east half.

e.    The developer shall be required to construct the full improvements as set forth in the Environmental Standards TRANS-1b through TRANS-1f (described in the Environmental Standards Table, see Section 17.49.060 (Environmental Standards)).  These include:

i.    Signalization of intersection of Whitesbridge Road and Siskiyou Avenue with protected left-turn phasing.

ii.    Signalization of intersection of Whitesbridge Road and Del Norte Avenue with protected left-turn lane phasing.

iii.    Signalization of intersection of Whitesbridge Road and Vineland with protected left-turn phasing.

iv.    Signalization of intersection of Whitesbridge Road and Goldenrod Avenue with protected left-turn phasing.

v.    Installations of all-way stop control at the intersection of main site access and Goldenrod Avenue.

f.    The developer shall be required to construct the full improvements as set forth in the Environmental Standards TRANS-2a through TRANS-2c (described in the Environmental Standards Table, see Section 17.49.060 (Environmental Standards)).  These include:

i.    Installation of an all-way stop control at the intersection of Stanislaus Avenue and Goldenrod Avenue.

ii.    Restriping the southbound left-turn lane pocket at the intersection of Whitesbridge Road and Madera Avenue to provide a minimum of one hundred sixty-five feet of storage.

iii.    Widen Whitesbridge Road to a four-lane undivided roadway between the west boundary of the specific plan site and the existing four-lane segment of Vineland Avenue (with a landscaped median along the specific plan site’s frontage).

g.    The developer shall be required to construct the full improvements as set forth in the Environmental Standards TRANS-3d through TRANS-3f (described in the Environmental Standards Table, see Section 17.49.060 (Environmental Standards)).  These include:

i.    Installation of an all-way stop control at the intersection of Goldenrod Avenue and California Avenue.

ii.    Widening of Goldenrod Avenue between the main site access and Stanislaus Avenue to four lanes (two lanes in each direction) with center median and median landscaping.

iii.    Widen Whitesbridge Road to a four-lane undivided roadway between the west boundary of the specific plan site and the existing four-lane segment of Vineland Avenue (with a landscaped median along the specific plan site’s frontage).

h.    The developer shall be required to comply with Environmental Standards TRANS-5, 6a through 6b, and TRANS-7 (described in the Environmental Standards Table, see Section 17.49.060 (Environmental Standards)).  These include:

i.    Construct all drive aisles and driveways to provide sufficient turning radii and width for emergency vehicles.

ii.    Installation of bicycle storage facilities in convenient locations near building entrances prior to the issuance of the certificate of occupancy for each building.

iii.    Submission of a construction traffic control plan to the city of Kerman for review and approval prior to commencement of construction activities.

i.    All delivery trucks shall be restricted from making right turns onto Goldenrod Avenue from the secondary truck access.  Developer shall post signage at the secondary driveway that reflects this condition.  In addition, all delivery trucks shall be restricted from exiting onto Goldenrod Avenue during the hours of seven to eight a.m. and from two to four p.m. Monday through Friday.

j.    The developer shall be required to construct the railroad crossing improvements as required by the CPUC at the Goldenrod Avenue crossing as part of major tenant’s opening day improvements should the residential developer that is responsible to construct these improvements fail to install them in a timely manner.  The city will apply its existing railroad crossing impact fees of approximately two hundred fifty thousand dollars toward the cost of these improvements to reflect the fact that additional safety improvements are being required by the CPUC.

k.    The developer shall be required to dedicate additional right-of-way for ten-foot curb pattern for Whitesbridge Road for eastbound right-turn lane to state of California.

l.    The developer shall be required to ensure the drive access by outlot 3 will accommodate the following turning radius:  twenty-five feet minimum.

m.    The developer shall be required to provide for all striping, stenciling, pavement markers, delineators and signage required of all street work for this specific plan site.

n.    The developer shall be required, at his expense, to obtain "R Value" tests in quantity sufficient to represent all street areas, and have street structural sections designed by a registered civil engineer based on these "R Value" tests.  These designs shall be compared to the minimum section of three inches AC on six inches AB.

6.    Vehicular Access.  As described above, vehicular access to the specific plan site access will be taken from three points, as follows:

a.    Whitesbridge Road:  Side-street stop; right-in, right-out.

b.    Goldenrod Avenue (Main):  Side-street stop; full access.

c.    Goldenrod Avenue (Delivery):  Side-street stop; right-in, right-out.

The Whitesbridge Road access point will serve as an internal roadway that will have two driveways providing access to the main parking field.  This roadway will also serve the planned commercial development to the west of the specific plan site.

7.    Pedestrian and Bicycle Access.  Sidewalks will be installed along the specific plan site frontage with Whitesbridge Road and Goldenrod Avenue, as well as the internal roadway along the western boundary of the specific plan site.  Direct pedestrian connections will link these sidewalks with the major tenant main entrance.  In addition, direct pedestrian connections to the store entrance will be provided within the parking area.  Bicycle racks will be provided near the entrance of the major tenant.  In addition, enough space will be reserved in the public right-of-way of Goldenrod Avenue to facilitate construction of a class II bicycle facility at a future date.

Figure 10 (Offsite Street Work Exhibit) and Figure 11 (Conceptual Site Circulation Exhibit) attached to the ordinance codified in this chapter show the planned circulation improvements that will be constructed as part of the specific plan.

C.    Grading.  Given the relatively level topography within the specific plan site, development will result in modest changes to topography and ground surface features to primarily address drainage flow.  The conceptual grading plan for the development within the specific plan site is attached to the ordinance codified in this chapter as Figure 12.

Development under the specific plan will be required to comply with the following:

1.    Upon completion of rough grading and prior to footing excavations, a compaction report shall be submitted to the building and safety division for review and approval.

2.    The developer shall prepare a grading and drainage plan and site utility plan for review and approval by the city engineer and public works director.  Submit copies of as-built plans prior to occupancy.

D.    Construction.  Throughout construction under the specific plan, the developer shall be required to comply with the following provisions:

1.    The developer shall contact the planning and development services department to schedule a preconstruction meeting with the appropriate city departments and fire department prior to commencement of work.

2.    The developer shall be required to contain all construction debris within an on-site trash bin and the specific plan site shall be watered at all times for dust control during grading and construction as provided in accordance with the dust suppression techniques listed below.

3.    The developer shall comply with the city of Kerman construction and demolition recycling program as required per Environmental Standard PSU-6a.

4.    The developer shall use the city’s exclusive franchise roll-off waste hauler for removal of construction debris.

5.    The developer shall prohibit grading/construction activities including start-up of equipment/machinery between the hours of ten p.m. and seven a.m. as required per Environmental Standard NOI-4b.  Prior authorization must be obtained from the city engineer for any work (including underground work) occurring on weekends and holidays.

6.    The developer shall be responsible for obtaining and complying with encroachment permits from the building division for any work performed within the street or alley rights-of-way.  A performance bond in the amounts prescribed by the building official shall be submitted with the encroachment permit application.

7.    All property not occupied by structures, paving or landscaping on the specific plan site shall be properly maintained for both health and aesthetic reasons.  Grass, weeds and debris shall be abated as required by the code enforcement division and fire department.

8.    The construction contractor(s) shall implement dust suppression techniques to prevent fugitive dust from creating a nuisance off site by:

a.    Watering active sites at least two times daily (locations where grading is to occur shall be thoroughly watered prior to earth moving).

b.    Requiring all dirt, sand, soil, or other loose materials transported off site to be covered, effectively wetted to limit visible dust emissions, or kept at least six inches of freeboard space from the top of the truck container.

c.    Reducing traffic speeds on all unpaved roads to fifteen miles per hour or less.

d.    Suspending all excavating and grading operations when wind speeds exceed twenty-five miles per hour.

e.    Washing trucks and any equipment prior to exiting unpaved roads onto paved roads.

f.    Maintaining the site in as clean a condition as possible, avoiding the tracking of dirt, mud and debris onto adjoining property and onto public streets.

9.    Construction equipment shall be staged away from any surrounding residences.

10.    The developer shall install all on-site and off-site improvements in accordance with city of Kerman standards and specifications, and shall provide and pay for any compaction tests required by the city in the course of construction.

11.    The developer shall secure a building permit from the Kerman building division prior to construction and include the following information at time of submittal of construction drawings (if applicable):

a.    Completed and signed building permit application and payment of fees.

b.    Three sets of construction drawings on twenty-four-inch by thirty-six-inch sheets.

c.    Two sets of engineering calculations.

d.    Two sets of energy calculations.

e.    Two sets of truss calculations.

f.    Two copies of soils report.

12.    Construction plans submitted for building permits shall be a minimum of twenty-four inches by thirty-six inches with city standard title block for all required improvements.  Building plans shall be based on the then-current CBC, CED, CMC, CPC and Energy Code or as subsequently amended and in force at the time of permit application, as well as the 2010 California Green Building Code.  Ensure that all notes and references on the construction drawings are in accordance with this code.

13.    The construction plans shall also include any street, site utility, grading and drainage or other public improvement plans, as applicable.  All construction plans shall be approved by the city and all other affected agencies prior to the issuance of the building permits.

14.    The specific plan site will be designated seismic zone "D", unless proved to be a lesser zone by a licensed soils engineer.  Wind load will be 85 miles per hour (mph) and exposure C.

15.    The developer shall submit a set of construction plans on minimum twenty-four-inch by thirty-six-inch sheets for all required improvements.  These plans shall be prepared by a registered civil engineer, and shall include a site grading and drainage plan and an overall site utility plan showing locations and sizes of sewer and water mains, laterals, manholes, meters, valves, hydrants, etc.  All plans shall be approved by the city and all other involved agencies prior to the release of any development permits.

16.    Within twenty calendar days after all improvements have been constructed and accepted by the city, the developer shall submit to the city of Kerman engineering division one PDF file on CD and one black and white copy of the approved set of construction plans revised to reflect all field revisions and marked "AS-BUILT."

17.    The developer shall comply with and be responsible for obtaining encroachment permits from the city of Kerman building division for all work performed within the city’s right-of-way.

18.    The developer shall install all off-site improvements in accordance with the city of Kerman standards and specifications for those portions within the city’s rights-of-way.

E.    Fiscal Implementation.  Implementation of the specific plan, including, without limitation, construction of all infrastructure and private facilities contemplated in the specific plan, will be financed as follows:

1.    All infrastructure necessary to implement the specific plan will be privately funded (by way of debt and/or equity financing), except to the extent that the cost of components of the infrastructure is (a) funded by development impact fees, fair share contributions and other payments to public agencies, and/or (b) reimbursed from any public source.

2.    All private improvements necessary to implement the specific plan will be privately financed (by way of debt and/or equity financing).

F.    Other General Requirements.  In addition to the requirements set forth above and except as otherwise provided herein, following are additional requirements that the developer of the specific plan site shall follow:

1.    All other applicable codes, ordinances, policies, etc., adopted by the city of Kerman shall apply, unless such application should conflict with this specific plan including an Environmental Standard set forth in the Environmental Standards Table, Section 17.49.060, in which case this specific plan shall govern.

2.    Prior to the commencement of any work within the city of Kerman, the general contractor and all subcontractors shall obtain a business license from the planning and development services department.

3.    Prior to issuance of the certificate of occupancy by the building division, the developer shall obtain a business license from the planning and development services department.

4.    Substantial compliance with the adopted environmental standards, as set forth in the Environmental Standards Table (see Section 17.49.060) is required by the developer.  The developer shall pay all actual direct and indirect costs incurred by the city for the Environmental Standards Table, including, but not limited to, the cost of a consultant to perform the environmental standards monitoring and city staff time to manage such contract.  Prior to issuance of the first building permit for development within the specific plan site, a contract for environmental standards monitoring must be in place.  The city and the developer shall confer regarding the initial fee estimate, prepared by the planning director in coordination with the consultant, with the payment made prior to issuance of the building permit for development of the specific plan site.  After compliance with the environmental standards, but prior to issuance of a "program completion certificate," the planning director will determine whether or not a refund or additional fees are due.  Upon the request of the developer, a monthly statement reflecting charges billed by the consultant and any of the city staff time spent managing the consultant’s contract shall be provided to the developer.

5.    A preliminary soils report prepared by a civil engineer specializing in soils mechanics shall be submitted prior to issuance of the first building permit.  (Ord. 11-01 §1(Exh. A)(part), 2011).

17.49.050 Administration.

A.    Permit Processing.  Development within the specific plan site that substantially conforms to the provisions of the specific plan and Figures 4 (Conceptual Site Plan) and 5 (Conceptual Elevation Plan) attached to the ordinance codified in this chapter shall be processed through the building permit and construction plan submittals.  Any approval, decision, review or action in this respect, except for a parcel map, shall be ministerial and not appealable.

For purposes of development anticipated under the specific plan, ministerial building permit and construction plan review includes any subsequent approvals, decisions, review or actions required by city agencies, entities or individuals (i.e., planning department, public works, building and safety, fire district).  The purpose of these approvals, decisions, review or actions is to ensure compliance with the provisions of the specific plan and all applicable building codes and requirements of the city, county, state and other responsible agencies.

Ministerial building permit and construction plan review shall be nondiscretionary, final actions that cannot be appealed.

B.    Substantial Conformance.

1.    Substantial Conformance Determination--Purpose.  The substantial conformance determination is a mechanism to allow the approval of minor modifications for development under the specific plan.  Substantial conformance determinations may include, but are not limited to, minor modifications to the conceptual site plans; inclusion of land uses not listed in Section 17.49.030; modifications that may be necessary to comply with applicable infrastructure, public services and facilities requirements, and landscape palette; and other issues.  Substantial conformance determination shall not include significant modifications in the basic design of the specific plan site; significant changes to the height or bulk of the approved uses; or increases in the density or intensity of the approved uses unless specifically permitted by the provisions of this specific plan.

The use of the substantial conformance determination is intended to ensure orderly development, quality aesthetic design, and safe and harmonious placement of uses within the specific plan site.  Substantial conformance determinations (unless specifically noted otherwise) shall be made by the planning director or designee administratively, without the need for a public hearing.  Furthermore, the substantial conformance determination shall be final and not subject to appeal.  In making a substantial conformance determination, the planning director or designee shall make all of the required findings set forth in this section.

2.    Guidelines for Substantial Conformance Determination.  The following guidelines define the provisions of the specific plan subject to substantial conformance determinations, and the limits placed on the degree of variance from the provisions of the specific plan that can occur through the substantial conformance determination.

a.    Permitted Land Uses.  Land uses not listed as permitted in Section 17.49.030 may be permitted, subject to a substantial conformance determination; provided, that:

i.    The proposed use is compatible with the uses permitted described in Section 17.49.030; and

ii.    The proposed use is similar to and will not cause any new or substantially greater environmental impacts than the other expressly permitted uses set forth within Section 17.49.030.

b.    Infrastructure.  Any modifications to the alignment of access roads, parking lot configurations, or adjustments to individual infrastructure facilities plans such as drainage, sewer, water, and utilities shall be subject to substantial conformance determination by the planning director or designee.  Prior to a determination of substantial conformance, the planning director or designee shall make the finding that the proposed modification will not result in any new or substantially greater environmental impacts than those that will occur in the absence of the proposed modification.

c.    Environmental Mitigation Standards.  The planning director or designee may approve minor variations from the environmental standards set forth in Section 17.49.060, subject to a substantial conformance determination.  In making such a determination, the planning director or designee shall first find that the proposed variation provides substantially equivalent or greater environmental protection as the originally approved standard.

d.    Conceptual Plans and Other Specific Plan Provisions.  Provisions of this specific plan including, but not limited to, minor modifications to the conceptual plans attached to the ordinance codified in this chapter as Figures 4 through 13; architectural details; landscape palette; building size, height, bulk, and orientation; parking lot layout; and other plan details may be modified utilizing a substantial conformance determination.  In making such a determination, the planning director or designee shall be required to find that the revisions requested under a substantial conformance determination are consistent with the provisions of the specific plan, and will not create new or substantially greater environmental impacts than those that will have resulted from the original approval of the specific plan.

A maximum ten percent modification to permitted lot coverage, setbacks, floor area (other than the maximum allowable within the specific plan site), and fence and wall heights may be permitted subject to a substantial conformance determination by the planning director or designee.  In making such a determination, the planning director or designee shall be required to find that the revisions requested under the substantial conformance determination are consistent with the provisions of the specific plan, and will not create new or substantially greater environmental impacts than those that will have resulted from the original approval of the specific plan.

The required parking spaces may be reduced by the planning director or designee subject to a substantial conformance determination following preparation of a parking study that demonstrates the proposed reduction in parking spaces is justified based on the mix of uses within the specific plan site and the use of shared parking between those uses.

A comprehensive sign program may be submitted to the planning director for a substantial conformance determination.  Upon approval by the planning director or designee as set forth above, any subsequent sign permit application that substantially conforms to the comprehensive sign program shall be processed as a ministerial building permit and/or construction plan review.  Any modifications to the sign program may be effectuated through a substantial conformance determination.

C.    Substantial Conformance Procedure.

1.    Application.  Applications for a substantial conformance determination shall be made on forms provided by the planning director or designee and shall be accompanied by a filing fee, equivalent to a fee for site plan review.  Applications shall be made by the developer of the property for which the approval is sought, or an authorized agent.  Each of the substantial conformance determinations required by this specific plan can be submitted and processed through one application and a pending application can be updated to include additional substantial conformance determination requests.

2.    Hearing.  No public hearing shall be required for a substantial conformance determination.

3.    Action by Reviewing Authority.  The reviewing authority for a substantial conformance determination shall be the planning director or designee.  The reviewing authority shall take action by providing written notice to the developer approving, conditionally approving, or denying the determination of substantial conformance.  The action of the planning director or designee shall be final with no appeal.

4.    Findings.  In making a substantial conformance determination, the planning director or designee shall first make all of the following findings in addition to those identified above:

a.    The physical characteristics of the specific plan site have been adequately assessed, and proposed building sites are of adequate size and shape to accommodate proposed uses and all other features of development.

b.    There is supporting infrastructure, existing or available, consistent with the requirements of the specific plan, to accommodate the development without significantly lowering service levels.

c.    The development resulting from the substantial conformance determination will not have a substantial adverse effect on surrounding property or the permitted use thereof, and will be compatible with the existing and planned land uses, as well as the character of the surrounding area.

d.    The proposed improvements related to the development resulting from the substantial conformance determination adequately address all natural and manmade hazards associated with the proposed development and the specific plan site.

D.    Specific Plan Amendments.

1.    Purpose.  Amendments to the specific plan shall be required for revisions that are beyond the scope of substantial conformance determinations.  Specific plan amendments are governed by Government Code Section 65453.

2.    Process.

a.    The specific plan may be amended or repealed only by a majority of the voters voting in an election thereon.

b.    Notwithstanding subsection (D)(2)(a) of this section, upon application of the developer of the specific plan site, the Kerman city council may amend the specific plan to further the purposes of this specific plan, but in no case can such amendment reduce or eliminate the developer’s obligation to fund, construct, or cause to be funded or constructed the public benefits or environmental standards required to be satisfied.

All proposed development within the specific plan site for which a finding of substantial conformance cannot be made in accordance with this section shall require a comprehensive review as part of any proposed amendment to the specific plan.  Comprehensive review shall include review by all applicable city departments and external agencies as determined by the public works director or designee.  (Ord. 11-01 §1(Exh. A)(part), 2011).

17.49.060 Environmental standards.

The specific plan includes environmental standards to ensure that development proceeds with appropriate environmental sensitivity.  Environmental technical studies were conducted for the specific plan site and development proposal.  Environmental standards were developed from these environmental technical studies along with information from the city of Kerman general plan, city ordinances, and any other applicable local, regional, state or federal standards or requirements.

All environmental standards shall be implemented in accordance with the specific plan’s environmental standards and implementation process as outlined in the attached Environmental Standards Table.  The developer of the specific plan site shall bear all costs of implementing the environmental standards.  The developer shall prepare and submit written report(s) to the planning director demonstrating compliance with the environmental standards.  The report(s) must be submitted as required by the timing requirements set forth in the Environmental Standards Table, either prior to the commencement of an activity or permit issuance or upon completion of an activity or final inspection/certificate of occupancy, as specifically identified for each environmental standard.  The planning director may also require inspection or other monitoring to ensure compliance with these environmental standards.

Environmental Standards for

Kerman Commercial Specific Plan 

Environmental Standards
Aesthetics, Light, and Glare
ES AES-1a:  Prior to the issuance of building permits for each specific plan site building, the developer shall submit elevations to the city of Kerman for review and approval.  Building elevations shall comply with all applicable city requirements, including the general plan design guidelines and Municipal Code requirements (height limits, setbacks, etc.) and shall employ appropriate colors and materials that are compatible with each other and surrounding land uses.  The buildings shall be constructed in accordance with the approved elevations.
ES AES-1b:  Prior to issuance of the first building permit for each outlot building, the major tenant developer and outlot developer(s) shall submit a sign permit application to the city of Kerman for review and approval of a final sign program.  The application shall identify all exterior wall and freestanding (e.g., monument) signs and demonstrate the signs are consistent with provisions of sign ordinance Chapter 17.76 (Sign Design Guidelines) and are uniform in design.  The signage shall incorporate the most energy-efficient technology available unless technical feasibility or safety concerns take precedence.  The outlot buildings shall be limited to wall signs with no additional freestanding signs other than those proposed for the shopping center.
ES AES-1c:  Prior to the issuance of each building permit for the proposed major tenant store and each of the outlot buildings, the major tenant developer and the outlot developer shall prepare and submit a landscaping plan to the city of Kerman for review and approval.  Landscaping shall be provided in accordance with applicable general plan land use element design guidelines and the Municipal Code, including setbacks along Whitesbridge Road and minimum parking lot landscaping and shade coverage (i.e., a minimum of five percent of the parking lot must be landscaped, with the objective of minimum fifty percent shade coverage).  The specific plan site shall be constructed in accordance with approved landscape plans.
ES AES-2:  Prior to issuance of the building permit for the major tenant store and for each outlot building, the developer shall submit a photometric plan to the city of Kerman for review and approval.  The photometric plan shall identify types of exterior lighting fixtures and their locations on the specific plan site.  All exterior light fixtures used for safety and security purposes shall be shielded, recessed, or directed downward to avoid or minimize to the extent feasible unwanted illumination of neighboring properties such that significant impacts would otherwise result.  Lights used to illuminate signs shall be installed to concentrate the illumination on the sign or advertising structure and to minimize glare upon a public street or adjacent property.  Additionally, parking lot lighting shall be directed away from public streets so that it does not produce glare, in order to ensure the safety of vehicular traffic.
Agricultural Resources
ES AG-1:  Prior to issuance of the grading permit, the developer shall preserve important farmland acreage, as mapped by the California Department of Conservation Farmland Mapping and Monitoring Program, within Fresno County (but outside the Kerman planning area) at a ratio of no less than 2:1 for each acre of important farmland converted to nonagricultural use by the specific plan development.  Preserved acreage shall be of equal or higher quality to farmland converted to nonagricultural use.  The preservation shall be accomplished through one of the following approaches:
•  The developer shall pay fees to the city of Kerman equivalent to the cost of preserving important farmland.  The city shall use the fees to fund an irrevocable instrument (e.g., deed restriction or preservation easements) to permanently preserve farmland.  This option shall be pursued if the city of Kerman has a farmland preservation program in place at the time permits are sought.
•  The developer shall enter into a binding agreement with one or more private property owners or third-party organizations acceptable to the city of Kerman (e.g., Fresno County farm bureau or the American Farmland Trust) to permanently preserve farmland.  The agreement shall identify an irrevocable instrument that will be recorded against the preserved acreage property.  This option shall be pursued if the city of Kerman does not have a farmland preservation program in place at the time permits are sought.
Air Quality
ES AIR-2:  Prior to the final discretionary approval for the specific plan site (major tenant and outlots), the developer shall submit an application for compliance with Rule 9510 (Indirect Source Review) to the San Joaquin Valley Air Pollution Control District.  The developer shall identify on-site or off-site measures necessary to achieve a thirty-three percent reduction in NOx over the first ten years of the specific plan.  Examples of on-site emissions reduction measures include landscaping, transit facilities, bicycle and pedestrian facilities, and energy efficiency measures, including those identified in Environmental Standards AES-1c, TRANS-6a, and TRANS-6b.  The requirements of the approved application shall be incorporated into the specific plan.
ES AIR-5:  Prior to issuance of certificates of occupancy, the owner/operator of each restaurant in the project shall have installed kitchen exhaust vents, and shall install a catalytic oxidizer, exhaust filtration systems, or other accepted methods of odor reduction.  Such odor control systems shall comply with accepted engineering practice and SJVAPCD Rules 4102 (Nuisance) and 4692 (Commercial Charbroiling).
Biological Resources
ES BIO-1a:  If ground clearing or vegetation removal activities occur during the nesting season (March 1st through September 1st), then preconstruction surveys for nesting birds, including Cooper’s hawk and sharp-shinned hawk, shall be conducted in all areas suitable for nesting that are located within two hundred fifty feet of the specific plan site.  Surveys shall be conducted no more than fifteen days prior to the beginning of ground disturbance.  If an active nest is located, a two-hundred-fifty-foot buffer shall be delineated and maintained around the nest until a qualified biologist has determined that fledging has occurred.  Alternatively, CDFG may be consulted to determine if the protective buffer can be reduced based upon individual species responses to disturbance.  This environmental standard does not apply to ground clearing or vegetation removal activities that occur outside of the nesting season.
ES BIO-1b:  Prior to and during construction activities, the following measures shall be implemented to reduce impacts to the San Joaquin kit fox:
•  Project-related vehicles should observe a twenty-mile-per-hour speed limit within the specific plan site boundaries; this is particularly important at night when kit foxes are most active.  Construction shall not occur during nighttime hours (eight p.m. to six a.m.).  Off-road traffic outside of designated project construction areas is prohibited.
•  To prevent inadvertent entrapment of kit foxes or other animals during construction, all excavated, steep-walled holes or trenches more than two feet deep shall be covered at the close of each working day by plywood or similar materials, or provided with one or more escape ramps constructed of earth fill or wooden planks.  Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals.  If at any time a trapped or injured kit fox is discovered, the procedures outlined below must be followed.
•  Kit foxes are attracted to den-like structures such as pipes and may enter stored pipe, becoming trapped or injured.  All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at the construction site for one or more overnight periods shall be thoroughly inspected for kit foxes before the pipe is subsequently buried, capped, or otherwise used or moved in any way.  If a kit fox is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted.  If necessary, and under the direct supervision of a qualified biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped.
•  All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in closed containers and removed at least once a week from the specific plan site.
•  To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on the specific plan site.
•  Use of rodenticides and herbicides in construction areas is restricted to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other state and federal legislation, as well as additional specific-plan-related restrictions deemed necessary by the USFWS.  If rodent control is conducted, zinc phosphide should be used because of proven lower risk to kit foxes.
•  A representative shall be appointed by the developer who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or who finds a dead, injured, or entrapped individual.  The representative shall be identified during the employee education program.  The representative’s name and telephone number shall be provided to the USFWS.
•  An employee education program for the developer’s construction workers shall be conducted.  The program shall consist of a brief presentation by persons knowledgeable in kit fox biology and legislative protection to explain endangered species concerns to contractors.  The program shall include the following:
-  A description of the San Joaquin kit fox and its habitat needs.
-  A report of the occurrence of kit fox in the specific plan site area.
-  An explanation of the status of the species and its protection under the Endangered Species Act.
-  A list of measures being taken to reduce impacts to the species during construction and implementation.
A fact sheet conveying this information shall be prepared for distribution to the above-mentioned people and anyone else who may enter the specific plan site.
•  In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape and the USFWS should be consulted.
•  Any contractor, employee, or agency personnel who inadvertently kills or injures a San Joaquin kit fox shall immediately report the incident to his or her representative.  This representative shall contact the CDFG immediately in the case of a dead, injured, or entrapped kit fox.  The CDFG contact for immediate assistance is State Dispatch at (916) 445-0045.
•  The Sacramento USFWS office and CDFG shall be notified in writing within three working days of the accidental death of or injury to a San Joaquin kit fox during development-related activities.  Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information.  The USFWS contact is the Chief of the Division of Endangered Species.
Cultural Resources
ES CUL-1:  If a potentially significant historical or archaeological resource is encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a one-hundred-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms.  The archaeologist shall determine whether the item requires further study.  If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under the California Environmental Quality Act, the archaeologist shall recommend feasible environmental standards, which may include avoidance, preservation in place or other appropriate measure, as outlined in Public Resources Code Section 21083.2.  Upon the city’s approval of the recommended environmental standards, the developer shall implement said measures.  The developer shall fund the costs of the qualified archaeologist and required analysis, and shall include this environmental standard in every construction contract to inform contractors of this requirement.
ES CUL-3:  In the event a fossil or fossil formations are discovered during any subsurface construction activities for the specific plan site (i.e., trenching, grading), all excavations within one hundred feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards.  The paleontologist shall notify the appropriate representative at the city of Kerman, who shall coordinate with the paleontologist as to any necessary investigation of the find.  If the find is determined to be significant under CEQA, the city shall require, based on the recommended environmental standards of the paleontologist, the developer to implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.  The developer shall fund the costs of the qualified paleontologist and any required analysis.
ES CUL-4:  If ground-disturbing activities uncover previously unknown human remains, Section 7050.5 of the California Health and Safety Code applies, and the following procedures shall be followed:
There shall be no further excavation or disturbance of the area where the human remains were found or within fifty feet of the find until the Fresno County coroner and the city of Kerman are contacted.  Duly authorized representatives of the coroner and the city’s planning director shall be permitted onto the specific plan site and shall take all actions consistent with Health and Safety Code Section 7050.5 and Government Code Section 27460 et seq.  Excavation or disturbance of the area where the human remains were found or within fifty feet of the find shall not be permitted to recommence until the coroner determines that the remains are not subject to the provisions of law concerning investigation of the circumstances, manner, and cause of any death.  If the coroner determines the remains are Native American, the coroner shall contact the NAHC within twenty-four hours, and the NAHC shall identify the person or persons it believes to be the "most likely descendant" (MLD) of the deceased Native American.  The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98.
Geology, Soils, and Seismicity
ES GEO-1:  Prior to issuance of building permits for the major tenant store and for the structure on each outlot, the developer shall submit a design-level geotechnical report to the city of Kerman for review and approval.  The report shall demonstrate that the building plans for that structure incorporate all applicable seismic design standards of the latest adopted edition of the California Building Standards Code.  The recommendations from the approved design-level geotechnical report shall be incorporated into the plans, and the developer shall adhere to these approved plans in developing the specific plan.
Hazards and Hazardous Materials
ES HAZ-1a:  Prior to issuance of demolition permits for any structures located on the specific plan site (including the residence, barn, and two garages), the developer shall retain a certified hazardous waste contractor to properly remove and dispose of all materials containing asbestos and lead paint in accordance with federal and state law.  The developer shall submit documentation to the city of Kerman demonstrating that this contractor has been retained as part of the demolition permit application.  Upon completion of removal and disposal, the developer shall provide documentation to the city of Kerman demonstrating that these activities were successfully completed.
ES HAZ-1b:  Prior to issuance of grading permits, the developer shall retain a qualified consultant to perform testing of the specific plan site soils for the presence of residual concentrations of agricultural chemicals.  Soils shall be laboratory tested for organochlorine pesticides in accordance with California Department of Toxic Substances Control (DTSC) guidelines.  If the testing yields concentrations in excess of acceptable limits for commercial development, the developer shall retain a qualified contractor to perform soil remediation in accordance with DTSC guidelines.  The soil remediation activities shall be completed prior to grading activities.  The developer shall submit documentation to the city of Kerman demonstrating that soil testing was performed and any necessary remediation was completed as part of the grading permit application.
ES HAZ-2:  Prior to issuance of the certificate of occupancy for each specific plan site building, the developer shall submit a hazardous materials business plan or business plan exception from the Fresno County department of public health.  If a hazardous materials business plan is the appropriate approval, the practices and procedures outlined in the plan shall be incorporated into operational activities.
Hydrology and Water Quality
ES HYD-1a:  Prior to the issuance of the first grading permit or building permit (whichever occurs first) for the build out of the specific plan site, the developer shall prepare and submit a stormwater pollution prevention plan (SWPPP) to the Central Valley RWQCB that identifies specific actions and best management practices (BMPs) to prevent stormwater pollution during construction activities to the maximum extent practicable.  The city of Kerman shall confirm that the RWQCB has approved the SWPPP prior to issuance of the grading permit or building permit (whichever occurs first).  The SWPPP shall identify a practical sequence for BMP implementation and maintenance, site restoration, contingency measures, responsible parties, and agency contacts.  The SWPPP shall include but not be limited to the following elements:
•  Temporary erosion control measures shall be employed for disturbed areas.
•  No disturbed surfaces shall be left without erosion control measures in place during the winter and spring months.
•  Sediment shall be retained on site by a system of sediment basins, traps, or other appropriate measures.
•  The construction contractor shall prepare standard operating procedures for the handling of hazardous materials on the construction site to eliminate or reduce discharge of materials to storm drains.
•  BMP performance and effectiveness shall be determined either by visual means where applicable (e.g., observation of above-normal sediment release), or by actual water sampling in cases where verification of contaminant reduction or elimination (such as inadvertent petroleum release) is required by the Central Valley Regional Water Quality Control Board to determine adequacy of the measure.
•  In the event of significant construction delays or delays in final landscape installation, native grasses or other appropriate vegetative cover shall be established on the construction site as soon as possible after disturbance, as an interim erosion control measure throughout the wet season.
ES HYD-1b:  Prior to the issuance of the first building permit for the specific plan site, the developer shall submit a stormwater quality management plan to the city of Kerman for review and approval.  The stormwater quality management plan shall identify pollution prevention measures and practices to prevent polluted runoff from leaving the specific plan site.  Examples of stormwater pollution prevention measures and practices to be contained in the plan include but are not limited to:
•  Strategically placed bioswales and landscaped areas that promote percolation of runoff.
•  Pervious pavement.
•  Roof drains that discharge to landscaped areas.
•  Trash enclosures with screen walls and roofs.
•  Stenciling on storm drains.
•  Curb cuts in parking areas to allow runoff to enter landscaped areas.
•  Rock-lined areas along landscaped areas in parking lots.
•  Catch basins.
•  Oil/water separators.
•  Regular sweeping of parking areas and cleaning of storm drainage facilities.
•  Employee training to inform store personnel of stormwater pollution prevention measures.
The developer shall also prepare and submit an operations and maintenance agreement to the city of Kerman for its approval identifying appropriate procedures to ensure that stormwater quality control measures work properly during operations.
ES HYD-2:  Prior to issuance of the grading permit for the specific plan site, the developer shall properly abandon or remove the septic system and irrigation system in accordance with applicable regulatory requirements.  Consultation shall occur with the Fresno County department of public health, as necessary, to confirm compliance procedures.  Documentation confirming that proper abandonment or removal activities have been performed shall be submitted to the city of Kerman upon completion of these activities as part of the grading permit application.
Noise
ES NOI-1:  The developer shall require construction contractors to adhere to the following noise attenuation requirements:
•  Construction activities shall be limited to the hours between seven a.m. to eight p.m. daily.  The city of Kerman shall have the discretion to permit construction activities to occur outside of allowable hours if compelling circumstances warrant such an exception (e.g., weather conditions necessary to pour concrete).
•  All construction equipment shall use noise-reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer.  If no noise reduction features were installed by the manufacturer, then the contractor shall require that at least a muffler be installed on the equipment.
•  Construction staging and heavy equipment maintenance activities shall be performed a minimum distance of three hundred feet from the nearest residence, unless safety or technical factors take precedence (e.g., a heavy equipment breakdown).
•  Prior to commencement of grading activities a ten-foot-high construction noise barrier shall be installed on the portions of the perimeter of the specific plan site that are within five hundred feet of any residential structure.  The noise barrier shall consist of a material that provides attenuation of at least fifteen dB, which can be achieved through the use of one-half-inch plywood.
ES NOI-4a:  Prior to the certificate of occupancy, the developer shall construct an eight-foot-high concrete or masonry block sound wall along the southern edge of the truck loading dock for the proposed major tenant.  The wall shall be of high quality design and shall be reviewed and approved by the city of Kerman.
ES NOI-4b:  During specific plan site operations, the developer shall prohibit the use of street sweepers, forklifts, and mechanical landscape maintenance equipment that exceed sixty-five dB Lmax, as measured at the nearest sensitive receptor, between the hours of ten p.m. and seven a.m.
Public Services and Utilities
ES PSU-2:  Prior to issuance of the certificate of occupancy for each building, the developer shall install the following applicable security measures and implement the following operational practices:
•  Install strategically placed emergency phones.
•  Provide sufficient, professionally trained loss prevention staff on site.
•  Submit loss-prevention plan with staffing levels on site to the Kerman police department for review and approval.
•  Install security devices and alarms in the major tenant pharmacy.
•  Ensure that the site layout for the parking lot areas is properly designed to provide maximum safety and security through adequate lighting, and ingress and egress.
•  Installation of staffed high-quality resolution video surveillance cameras throughout the parking lot areas with consultation from the Kerman police department.
•  Provide twenty-four-hour staffed roving security patrols throughout the parking lot areas and rear of building.  If developer intends to use an outside private security company, the firm must be from the approved list provided by the police department or the firm must be approved by the police department.
•  Provide Kerman police department with access to surveillance video for prosecution of suspects.  Surveillance cameras should be of sufficient quality to ensure identification of suspects.
•  Prohibit overnight recreational vehicle (RV) parking in both the major tenant and outlot parking areas.
•  Prohibit the private sale of vehicles in the parking lot areas.
ES PSU-3a:  Prior to issuance of building permits, the developer shall submit landscaping plans to the city of Kerman for review and approval demonstrating that landscaping will comply with the requirements in the State of California Updated Model Water Efficient Landscape Ordinance (AB 1881).  The landscaping plans shall identify outdoor irrigation water conservation measures, such as but not limited to:
•  Drought resistant vegetation.
•  Irrigation systems employing the following features:
-  Drip irrigation.
-  Low precipitation rate sprinklers.
-  Bubbler/soaker systems.
-  Programmable irrigation controllers with automatic rain shutoff sensors and flow sensing capabilities.
-  Matched precipitation rate nozzles that maximize the uniformity of the water distribution characteristics of the irrigation system.
-  Conservative sprinkler spacings that minimize overspray onto paved surfaces.
-  Hydrozones that keep plants with similar water needs in the same irrigation zone.
•  Minimally or gently sloped landscaped areas to minimize runoff and maximize infiltration.
•  Organic topdressing mulch in nonturf areas to decrease evaporation and increase water retention.
ES PSU-3b:  Prior to issuance of building permits, the developer shall submit building plans to the city of Kerman for review and approval that identify the following indoor water conservation measures:
•  Separate metering of domestic water and irrigation water.
•  Low-flow or ultra-low-flow toilets and urinals.
•  Sensor-activated, low-flow faucets.
ES PSU-3c:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install the "purple pipe" system within the landscaped areas, as approved by the city engineer, for future use of recycled irrigation water from the Fresno Irrigation District.
ES PSU-6a:  Prior to issuance of building permits for the major tenant and the commercial uses on each outlot, the developer shall comply with the city of Kerman’s construction and demolition waste recycling program through the city’s franchise waste hauler, Mid-Valley Disposal.
ES PSU-6b:  Prior to issuance of occupancy permits for the major tenant and the commercial uses on each outlot, the developer shall prepare and submit a recycling and waste reduction plan to the city of Kerman for review and approval.  The plan shall identify management practices and on-site facilities necessary to collect and temporarily store recyclable materials.  The developer shall install the identified on-site facilities, which shall be screened from public view.
Transportation
ES TRANS-1a:  Prior to issuance of building permits, the developer shall pay the city of Kerman all applicable transportation-related development fees in accordance with the latest adopted fee schedule.
ES TRANS-1b:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install improvements to the intersection of Whitesbridge Avenue/Siskiyou Avenue.  The improvements shall consist of a traffic signal with protected left-turn phasing and following lane geometry:
•  Eastbound:  One left-turn lane, one through lane, and one right-turn lane.
•  Westbound:  One left-turn lane and one through lane with a shared right turn.
•  Northbound:  One left-turn lane and one through lane with a shared right turn.
•  Southbound:  One left-turn lane and one through lane with a shared right turn.
The improvements shall be constructed in accordance with Caltrans standards and will be subject to a Caltrans encroachment permit.  Left-turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.  The developer shall provide the full costs of this modification, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for twelve and nine-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of eighty-seven and one-tenth percent of the cost of this improvement.
ES TRANS-1c:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install improvements to the intersection of Whitesbridge Avenue/Del Norte Avenue.  The improvements shall consist of a signal with protected left-turn phasing and the following lane geometry:
•  Eastbound:  One left-turn lane and one through lane with a shared right turn.
•  Westbound:  One left-turn lane and one through lane with a shared right turn.
•  Northbound:  One left-turn lane and one through lane with a shared right turn.
•  Southbound:  One left-turn lane and one through lane with a shared right turn.
The improvements shall be constructed in accordance with Caltrans standards and will be subject to a Caltrans encroachment permit.  Left-turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.  The developer shall provide the full costs of this modification, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for seventeen and three-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of eighty-two and seven-tenths percent of the cost of this improvement.
ES TRANS-1d:  Prior to issuance of the certificate of occupancy for the major tenant store, the following improvements shall be constructed at the intersection of Whitesbridge Avenue/Vineland Avenue.  The improvements shall consist of a signal with protected left-turn phasing and the following lane geometry:
•  Eastbound:  One left-turn lane and one through lane with a shared right turn.
•  Westbound:  One left-turn lane and one through lane with a shared right turn.
•  Northbound:  One left-turn lane and one through lane with a shared right turn.
•  Southbound:  One left-turn lane and one through lane with a shared right turn.
The improvements shall be constructed in accordance with Caltrans standards and will be subject to a Caltrans encroachment permit.  Left-turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.
It is anticipated the city will construct these improvements using a combination of city development impact fees and congestion mitigation and air quality (CMAQ) funds.  In the event the city does not construct these improvements, the developer shall provide the full costs of and construct this modification, and will be eligible for fee credits in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for thirty and two-tenths percent of the cost of constructing this improvement, and thus would be eligible for a fee credit in accordance with the city of Kerman development impact fee policy of sixty-nine and eight-tenths percent of the cost of this improvement.
ES TRANS-1e:  Prior to the issuance of the certificate of occupancy for the major tenant store, the developer shall improve the intersection of Whitesbridge Avenue/Goldenrod Avenue.  The improvements shall consist of extending the northbound left-turn pocket to provide at least two hundred fifty feet of storage capacity.  The improvements shall be constructed in accordance with Caltrans standards.  The developer shall provide the full costs of this improvement, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for thirty-two and nine-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of sixty-seven and one-tenth percent of the cost of this improvement.
ES TRANS-1f:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install improvements for the intersection of main site access/Goldenrod Avenue.  The improvements shall consist of the installation of an all-way stop control.  The developer shall provide the full costs of this improvement, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for fifty-eight and seven-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of forty-one and three-tenths percent of the cost of this improvement.
ES TRANS-2a:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install improvements to the intersection of Stanislaus Avenue/Goldenrod Avenue.  The improvements shall consist of the installation of an all-way stop control.  The developer shall provide the full cost of this modification, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for fifty-eight and seven-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of forty-one and three-tenths percent of the cost of this improvement.
ES TRANS-2b:  Prior to the issuance of the certificate of occupancy for the major tenant store, the developer shall install improvements to the intersection of Whitesbridge Avenue/Madera Avenue.  The improvements shall consist of restriping the southbound left-turn pocket to provide a minimum of one hundred sixty-five feet of storage plus two hundred thirty-five feet of deceleration length.  The developer shall provide the full cost of this modification, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for seventeen and three-tenths percent of the cost of constructing this improvement, and thus eligible for a fee credit in accordance with the city of Kerman development impact fee policy of eighty-two and seven-tenths percent of the cost of this improvement.
ES TRANS-2c:  In accordance with Environmental Standard TRANS-3f, prior to issuance of the certificate of occupancy for the major tenant store, the developer shall widen Whitesbridge Avenue to a four-lane undivided roadway between the west boundary of the specific plan site and the existing four-lane segment just west of Vineland Avenue and widen Whitesbridge Avenue to a four-lane roadway with a landscaped median along the specific plan frontage.  Turn lanes shall be installed at intersections.
ES TRANS-3a:  The future improvements necessary to mitigate the impact to the intersection of Jensen Avenue/Madera Avenue shall consist of signalizing the intersection with protected left-turn phasing and providing the following lane geometry:
•  Eastbound:  One left-turn lane and one through lane with a shared right turn.
•  Westbound:  One left-turn lane and one through lane with a shared right turn.
•  Northbound:  One left-turn lane and one through lane with a shared right turn.
•  Southbound:  One left-turn lane and one through lane with a shared right turn.
The improvements shall be constructed by the city of Kerman in accordance with Caltrans standards and will be subject to a Caltrans encroachment permit when needed.  Left-turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.  Under Caltrans’s equitable share methodology, the developer is responsible for fifteen and two-tenths percent of the cost of constructing this improvement, and thus prior to issuance of building permits the developer shall provide the city with a payment equal to fifteen and two-tenths percent of the cost of this improvement.
ES TRANS-3b:  The future improvements necessary to mitigate the impact to the intersection of Whitesbridge Avenue/Madera Avenue shall consist of construction to provide the following lane geometry:
•  Eastbound:  Two left-turn lanes and two through lanes with a shared right turn.
•  Westbound:  Two left-turn lanes and two through lanes with a shared right turn.
•  Northbound:  Two left-turn lanes, two through lanes, and one right-turn lane.
•  Southbound:  Two left-turn lanes, two through lanes, and one right-turn lane.
The improvements shall be constructed by the city of Kerman in accordance with Caltrans standards when needed.  Left-turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.  Under Caltrans’s equitable share methodology, the developer is responsible for seventeen and three-tenths percent of the cost of constructing this improvement, and thus prior to issuance of building permits the developer shall provide the city with a payment equal to seventeen and three-tenths percent of the cost of this improvement.
ES TRANS-3c:  The future improvements necessary to mitigate the impact to the intersection of Kearney Boulevard/Goldenrod Avenue shall consist of installing a dedicated eastbound left-turn lane and a dedicated westbound left-turn lane.  The improvements shall be constructed by the city of Kerman in accordance with Caltrans standards when needed.  The turn lanes shall be designed to accommodate the projected ninety-fifth percentile queues.  Under Caltrans’s equitable share methodology, the developer is responsible for forty-four and one-tenth percent of the cost of constructing this improvement, and thus prior to issuance of building permits the developer shall provide the city with a payment equal to forty-four and one-tenth percent of the cost of this improvement.
ES TRANS-3d:  The future improvements necessary to mitigate the impact to the intersection of California/Goldenrod Avenue shall consist of installing an all-way stop control.  The improvements shall be constructed by the city of Kerman in accordance with Caltrans standards when needed.  The developer is responsible for the full cost of this improvement.
ES TRANS-3e:  The future improvements necessary to mitigate the impact to Goldenrod Avenue between the main site access and Stanislaus Avenue shall consist of widening the roadway to four lanes (two lanes in each direction) with center median and median landscaping.  The improvements shall be constructed by the developer in accordance with Caltrans standards when needed.  Under Caltrans’s equitable share methodology, the developer is responsible for sixty-two percent of the cost of constructing this improvement, and thus prior to issuance of building permits the developer shall provide the city with fair share payments equal to sixty-two percent of the cost of this improvement.
ES TRANS-3f:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall widen Whitesbridge Avenue to a four-lane undivided roadway between the west boundary of the site and the existing four-lane segment just west of Vineland Avenue and widen Whitesbridge Avenue to a four-lane roadway with a landscaped median along the site frontage.  Turn lanes shall be installed at intersections.  The developer shall provide the full cost of this modification, and will be eligible for a fee credit in accordance with the city of Kerman development impact fee policy.  Under Caltrans’s equitable share methodology, the developer would be responsible for thirty-five and one-tenth percent of the cost of constructing this improvement between Madera Avenue and Vineland Avenue and forty and three-tenths percent of the cost of constructing this improvement between Vineland Avenue and Goldenrod Avenue, and thus would be eligible for fee credits in accordance with the city of Kerman development impact fee policy of sixty-four and nine-tenths percent and fifty-nine and seven-tenths percent, respectively, of the cost of constructing this improvement.
ES TRANS-5:  Prior to issuance of building permits, the developer shall prepare plans demonstrating that all drive aisles and driveways provide sufficient turning radii and width for emergency vehicles and submit the plans to the city of Kerman for approval.  Before approving the plans, the city shall consult all appropriate fire agencies and seek their review and comment on the proposed plans.  The approved plans shall be incorporated into the specific plan.
ES TRANS-6a:  Prior to issuance of the certificate of occupancy for the major tenant store, the developer shall install an enhanced bus stop within the site or along the specific plan frontage suitable for use by Westside Transit buses.  The enhanced bus stop shall provide, at a minimum, a shelter, signage, transit information, lighting, and a trash receptacle.  Safe and convenient pedestrian access shall be provided between the bus stop and the major tenant store and the outlots.  The city of Kerman and Westside Transit shall be consulted about the design and location of the bus stop, and the developer shall incorporate all feasible recommendations.
ES TRANS-6b:  Prior to issuance of the certificate of occupancy for each building, the developer shall install bicycle storage facilities in convenient locations near building entrances.  Bicycle storage facilities shall consist of racks that provide spaces equivalent to two percent of the specific plan’s minimum parking requirement.
ES TRANS-7:  Prior to commencement of construction activities, the developer shall submit a construction traffic control plan to the city of Kerman for review and approval.  The plan shall identify the timing and routing of all major construction equipment and trucking to avoid potential traffic congestion and delays on the local street network, and to emphasize the use of SR 180 and SR 145.  If necessary, construction equipment and materials deliveries shall be limited to off-peak hours to avoid conflicts with local traffic circulation.  The plan shall also identify suitable locations for construction worker parking.  Caltrans shall be consulted during the preparation of the plan regarding impacts to SR 180.

(Ord. 11-01 §1(Exh. A)(part), 2011).