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Home My WebLink AboutRES NO 026-19RESOLUTION NO. 0 2 6- 19 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HWY AND BUENA VISTA ROAD. (ZC NO. 18-0386). WHEREAS, KSA Group Architects, for ABS Surplus -O, LLC„ filed an application with the City of Bakersfield Development Services Department to change the zone district from a PCD (Planned Commercial Developments to C-2/PCD Regional Commercial/Planned Commercial Development) on 10.59 acres at the southwest corner of Stockdale Highway and Buena Vista Road, shown in attached Exhibit "B", (the 'Project"); and WHEREAS, on February 7, 2019, the Planning Commission recommended adoption of a Mitigated Negative Declaration for the Project; and WHEREAS, the Clerk of the City Council set Wednesday, March 6, 2019 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place before the City Council to consider the proposed Mitigated Negative Declaration; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Mitigated Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 19-19 are hereby adopted. 3. The Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit "A" for the Project located on the map as shown in Exhibit B, both of which are incorporated herein. ---------000------- Page 1 of 2 FOAKFy r m J OgIGINALL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council AR 011019'1" of Bakersfield at a regular meeting held on , by the following vote: ✓ ✓ r ✓ ✓ ✓ AYES: COUNCILMEMBER: RIVEE RfA, GONL'ALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER 5 COUNCILMEMBER: II VV ABSTAIN'. COUNCILMEMBER: N ABSENT: COUNCILMEMBER m,nn2. V J LIE DRIMAKIS, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 0610199 n KARE GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: A Mitigation Measures B Location Map By:jeng/ S:\Zone Change\01 Active\2018\I&0386111301 Stockdalel V CC Docs\t st Reading\ReS MND\ZC 18-0386 CC RES ENV,docx Page 2 of 2 o� OAKPy� T r J ORIGINAL EXHIBIT "A-1" ZONE CHANGE 18-0386 MITIGATION MEASURES (Prom General Plan Amendment/Zone Change P9"203 Public Health and Safety Aahcultural Use of Property/Adiacent Properties 1. Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues which may be present within the project site. Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the project applicant shall identify and implement remedial action, subject to approval by the City of Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels. Valley Fever 2. At the initial construction meeting prior to grading activities, all construction workers must be informed as to the symptoms of Valley Fever, Floodina/Kern River 3. Prior to recording of any Final Map with parcels less than 20 acres for land located within Zone A, a levee shall be constructed. The location and dimensions of the levee proposed in the northern portion of the Kern River Ranch project site shall be reviewed and approved by the City of Bakersfield Public Works Department. The levee shall be located outside the limits of the primary and secondary 800dways. 4. Prior to recordation of a final map with less than 20 acres for land located within Zone A. as defined on the Federal Emergency Management Agency (FEMA) "Flood Rate Insurance Map," the developer shall comply with the requirements of FEMA or revise the - FEMA map. The Kern River Ranch project applicant shall furnish to the City of Bakersfield all documentation required by FEMA. Traffic and Circulation Trin Generation and Distribution 5. Prior to the issuance of building permits, the project applicant(s) shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants shall participate in the improvements required on a pro -rata fair -share basis as determined by a final traffic study of the future P.C.D. (Planned Commercial Development). Pending final determination provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO -RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch project traffic volumes, the above referenced fees shall be used to provide the following improvements: �FgAKF9 T > m r u ORIGINAL Exhibit "A-1"ZC 18-0386 Mitigation Measures Page 2 Intersection Improvements • Rosedale Highway and Renfro Road: add eastbound through lane and westbound through lane (LOS C); • Rosedale Hiahwav and Fruitvale Drive: add southbound left turn lane and southbound right turn lane (LOS C); • Brimhall Road and Allen Road: add eastbound left tum lane, westbound left turn lane, northbound through lane, and southbound through lane (LOS C); • Brimhall Road and Calloway Drive: add southbound right turn lane (LOS C); • Stockdale Highway and Heath Road: provide exclusive tum lanes for southbound approach (LOS B); Stockdale Hiahwav and Renfro Roast: add eastbound lane (LOS C); • Stockdale Hiahwav and Allen Road: add northbound left tum lane, northbound through lane, southbound left Tum lane, southbound through lane, eastbound left tum lane, eastbound right turn lane, and westbound left turn lane (LOS C); • Stockdale Hiahwav and Buena Vista Road: add westbound left tum lane and eastbound right tum lane (LOS C); • Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left tum lane, eastbound right tum lane, northbound left tum lane, and southbound right turn lane (with Kern River Ranch) (LOS B); • Deer Peak Drive and Buena Vista Road add northbound through lane, southbound through lane and southbound left tum lane (LOS B); • Mina Avenue and Allen Roadadd westbound left tum lane, northbound right tum lane, and two southbound left turn lanes (LOS B); • Mina Avenue and Buena Vista Road: full expansion per City of Bakersfield's Standard Detail T-0 (LOS C); • Mina Avenue and Ashe Road: add northbound left turn lane (LOS C); • Chamber Boulevard and Buena Vista Road: provide two left tum lanes/one through lanelone right tum lane for eastbound approach, one left turn lane/one through lane/one right turn lane for westbound approach, one left turn lanettwo through lanes/one right turn lane for northbound approach, and one left turn lane/two through lanesione right turn lane for southbound approach (with Buena Vista) (LOS C); • White Lane and Buena Vista Road add two eastbound left tum lanes, eastbound right tum lane, northbound through lane, northbound right tum lane, southbound left tum lane, southbound through lane, and southbound right tum lane (LOS C); and • Panama Lane and Gosford Road add northbound left and southbound left (LOS A). Segment Improvements Rosedale Hiahwav (Calloway Drive to Fruitvale Avenuel: widen to six lanes (LOS A); Brimhall Road (Jewetta Road to Calloway Road): widen to four lanes (LOS A); Stockdale Hiahwav (Buena Vista Road to Old River Road) widen to six lanes (LOS A); Stockdale Highway (Gosford Road to Ashe Road): widen to six lanes (LOS A); Stockdale Highway (Real Road to Wible Roadl: widen to six lanes (LOS A); M no AvAnua (Alen Road to Buena Vista Road)' widen to four lanes (LOS B); Taft Highway (Buena Vista Road to Old River Road): widen to four lanes (LOS R AKFy o sT > m `�ORIGINAL Exhibit "A-1" ZC 18-0 386 Mitigation Measures Page 3 A); Allen Road (Hageman Road to Rosedale Hiahwav): widen to four lanes (LOS A); Allen Road (Rosedale Hiahwav to Stockdale Hiahwav): widen to four lanes (LOS C); Allen Road (Stockdale Highway to Mina Avenue): widen to four lanes (LOS C); Buena vista Road (Stockdale Hiahwav to Mina Avenue): widen to six lanes/add Rmedian (LOS A); , ^ Vista Road (A no Avenue to White Lane): widen to six lanestadd median (LOS B); Buena Vista Road (White Lane to Pachecol: widen to four lanes (LOS A); and t;neford Road (Pacheco Road to Panama Lane); widen to four lanes (LOS A). -.O - , 2,r -.r 6. The applicant(s) shall participate in the improvements required on a pro -rata fair -share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO -RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kam River Ranch Cumulative Impact, dated June 1997. To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are projected to be required at the following intersections and the above referenced fees shall be used to provide the following improvements: Stockdale Highway and Heath Road; Stockdale Highway and Renfro Road; Kam River Ranch Entrance #1 and Buena Vista Road; Deer Peak Drive and Buena Vista Road; Chamber Boulevard and Buena Vista Road; Pacheco Road and Gosford Road; and Ming Avenue and Allen Road. 7. The traffic signals required as a result of the proposed project shall include an interconnect of the signals to function in a coordinated system with existing and planned signals. Noise 8. Prior to the issuance of a building permit for the proposed commercial uses, the project applicant shall demonstrate that project commercial noise source impacts on nearby residences are below those indicated in the City's hourly noise level performance standards. To demonstrate commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building locationlorientation, acoustical design of buildings, etc. Air Quality 6AK``9 o� sT > m JORIGINAL Exhibit A-1"ZC 18-0386 Mitigation Measure s Peg e4 Short -Term Impacts 9. Prior to the approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities in order to comply with SJVUAPCD Regulation VIII. 10. Prior to the approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJUAPCD stating the measures that shall be completed during asphalt paving in order to comply with SJVUAPCD Rule 4641. 11. The construction grading plans shall include a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. 12. The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. Lona -Term Imoacts 13. The project applicant shall incorporate the following in building plans: • Solar or low -emission water heater shall be used. • Central water heating systems shall be used. • Double -paned glass shall be used in all windows. • Energy efficient low -sodium parking lot lights shall be used. • One (1) bicycle rack shall be provided in each of the proposed commercial areas. Biological Resources Sensitive Resources 14. Prior to the issuance of a grading permits, the project proponents shall comply with all appropriate terms and conditions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) to the City. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: • A preconstruction survey shall be conducted prior to site grading to search for native kit fox dens (specifically tracking shall be conducted at the potential active den located in the southeastern portion of the Kern River Ranch project site). • All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. oFeAkFH'rr. � m u ORIGINAL Exhibit "A-1" ZC 18-0386 Mitigation Measures Page 5 Excavations shall either be constructed with escape ramps or be covered to prevent entrapment. Or the site(s) could be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the she to minimize attracting ranging kit fox or other animals. With the exception of Swainson's hawk (see following mitigation measure), impacts to special - status species on the project site are covered under the terms and conditions of the MBHCP and associated Implementing Agreement. The compensation and avoidance requirements of the MBHCP and buffer zones proposed as part of this project are consistent and follow an ecosystem management approach for endangered species, and provide adequate compensation of the Swainson's hawk and all other potentially occurring special -status species. 15. Prior to issuance of grading permit(s), the project applicant(s) shall comply with the following raptor nest mitigation requirements: • If grading is proposed to occur during the raptor nesting season (February through September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. • If construction is proposed to take place during the raptor nesting/breeding season (February through September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non -breeding season (October through January). 16. Construction directly adjacent to sensitive riparian habitat potentially occupied by threatened, endangered and other protected species may result in take of listed species ranging through the construction site. During construction and development on the Kern River Ranch project site, the following mitigation measure is recommended to help prevent indirect or direct take of species within the primary floodplain directly adjacent to the project area, for which the MBHCP does not cover take or provide compensation or mitigation: River Access Management: The area alongside the Kern River riparian corridor should be fenced -off, and signs put up, during construction to protect it and prevent damage to vegetation, burrows and nests from heavy equipment, construction vehicles, and to control public access. The off-site adjacent sycamore specimen tree is located within this area just north of the carrot field and special attention should be made to prevent damage to this tree. Trees and shrubs should be planted along the Kern River interface to help mitigate for noise, provide protective cover, and minimize adverse impacts of night lighting on a wildlife species which inhabit the adjacent floodplain and river riparian habitat. oQ gAkF9 r � m r J O ORIGINAL Exhibit"A-1" ZC 18-0386 Mitigation Measures Page 6 17. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be avoided and evaluated by a qualified biologist prior to construction. The Fish 8 Wildlife Service (USFWS) and California Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. Cultural Resources Paleontoloav 18. If archeological or paleontological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the developer shall retain a qualified archeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements in Appendix K of the California Environmental Quality Act Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State codes regulations of the Native American Heritage Commission. Archaeoloav 19. An archaeological monitor shall be present at CA-KER-3964 during any subsurface construction activities. If significant cultural resources are discovered during monitoring, more testing or data recovery may be required. 20. Should human remains be discovered at any time on any portion of the project, work shall halt and the coroner be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall also be notified. Public Services and Utilities Schools 21. The following shall apply to the Kern River Ranch portion of the project located within the Rosedale Union School District. • In accordance with the Kern County Plan, the Kern High School district has identified that the mitigation required of projects such as this is an inflation - indexed $1.42. Payment shall not be required to the Kern High School District if it has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. • With respect to the Rosedale Union School District, residential property would o�BAKF9.�, s r JORIGINAL Exhibit'A-l"ZC 18-0386 Mitigation Measures Peg 7 require either annexation of the property into the CFD 92-1; or, prior to issuance of a building permit within this portion of the project area, the Rosedale Union School District must be paid the following amounts as applicable: (a) $5637.47 per single-family residence; or (b) $2,504.75 per multi -family residence; or (c) $0.5954 per square foot of commercial/ industrial "gross floor area% or (d) such higher or lower amount that is then equal to such higher amount that may have been lawfully established by CFD 92-1 as the amount required to prepay its Single Payment and Annual Special Taxes. School District pursuant to EducatiOn Code Section 35765: "Prior to issuance of a building permit for any residence within the project area, the Kern High School District and Panama -Buena Vista Union School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each such residence for the purpose of providing school facilities. This amount shall increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase shall be effective as of the date of that meeting. Payment shall not be required to a district which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding." Water 23. The City's normal fire protection service flows are 2,500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2,500 g.p.m. limit. Fire flow requirement in excess of 2,500 g.p.m. shall require developer fees of $.0.50/g.p.m./acre in excess of 2,500 g.p.m. or equivalent facilities. 24. Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. 25. City fees for inspection of installation of water facilities are currently calculated at four (4) percent of the estimated construction costs of the in -tract water facilities. In addition, a $10 meter installation fee for each service will be assessed for two inch (2') and less in size. The inspection fees are due and payable to the City by the landowner/developer within thirty (30) days of invoice. o�gAKF9s T > m r JORIGINALL Exhibit "A-1" ZC 18-0386 Mitigation Measures Paga8 26. Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(B.) And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set at $2,000 per gross acre. This tract contains approximately 13.65 acres, therefore, fees due are $27,300. However, the fees may be paid upon further subdivision or phasing of the tract. 27. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Parks 2B. Applicant shall record, prior to issuance of any building permit, CC & R's (Conditions, Covenants and Restrictions) which state that the site will be annexed to the park maintenance district for the 30 -acre park site located along the north side of Stockdale Highway near Buena Vista Road and pay a pro -rata share of the annual maintenance costs for the 30 -acre park, which will run with the project site. Applicant shall further annex the site to the park maintenance district for the 30 -acre park prior to issuance of any building permit for the site. 29. Applicant shall pay to the city of Bakersfield, prior to the issuance of any building permit on the project site, $100,000 for development of the 30 -acre park located along the north side of Stockdale Highway and Buena Vista Road. o�0AK�9.c, s i JORIGINAL 0 S i g WI/I yE�S4 3@£S§@yE4E;Yi § gpgp EEg9] 2T�2Fy EE M J W EC EE 3aY §EEE 5 Fi@F3 a 3€y4y�yyy. 53 @5S .1X53 22F i E @A AF SSI i RAYS S FS Pos E Sy�E E@F E�� SYgXGSg� g. F;sa�eEs3�.: rc x!!s rc e o�g � � s � O BI pp0.Xl9 s a 0 mU B(filyXXP '^ � 6� o, J � �V 3NV7 UNtlM9 a ¢ 2 Fj AYM Otl9NAS ¢ W OiG6 p � 6W U 4 a '' b'�iyb*� ppxwstx p U - BbB irc� pp O U rc � rc A V 8 o � IA Z MR 4r rc v w pP rc yhLL` _. rc V!t ` AYM I'M AtlNtl ltl Y. � 7 `�., o A gtl15PF0.\x4 G tl3AItlMIX U 1 O rc J j p' lStpP\PPISXOP Z K Y/ � n' \xPP&XOP + Q• 6tp\Stpx � � G J •r xppxl! o� M � LL LL � sv G'f � PO Jl\tlPltPtx V r X WO t