HomeMy WebLinkAboutRES NO 023-01RESOLUTION NO. 0 2 3" 0 I
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND DENYING AN
AMENDMENT TO TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
103-22 CHANGING THE ZONING OF 27.90 ACRES FROM
R-1 (ONE-FAMILY DWELLING) AND R-3 (LIMITED
MULTIPLE-FAMILY DWELLING) TO C-2 (REGIONAL
COMMERCIAL) GENERALLY LOCATED BETWEEN STATE
ROUTE-178, BERNARD STREET, EAST HILLS MALL AND
MT. VERNON AVENUE IN NORTHEAST BAKERSFIELD
(ZONE CHANGE NO. P00-0744)
WHEREAS, in accordance with the procedure set forth in the provisions of
Title 17 of the Municipal Code of the City of Bakersfield, the City Council held public
hearings on a petition to change the land use zoning of those certain properties in the City
of Bakersfield generally located Between State Route-178, Bernard Street, East Hills Mall
and Mt. Vernon Avenue in northeast Bakersfield; and
WHEREAS, Resolution No.137-00 on DECEMBER 21, 2000 the Planning
Commission recommended adoption of a Negative Declaration and disapproval of an
ordinance amending Title 17 of the Municipal Code to approve a change from R-1 and R-3
to C-2 zoning as delineated on attached Zoning Map No. 103-22 marked Exhibit "B", by
this Council and this Council has fully considered the recommendations made by the
Planning Commission as set forth in that Resolution, which is made a part hereof by this
reference; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a negative declaration of
environmental impact and denial of a change in zoning of the subject property from R-1
and R-3 to C-2, and the Council has considered said findings and all appear to be true and
correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff, Planning Commission
and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
December 1,2000 in accordance with CEQA; and
WHEREAS, the decision of the Planning Commission was appealed by Lars
Andersen & Associates on behalf of the applicant, Home Depot, and by the College
ORIGINAL
Center Parking Association, a consortium of property owners of College Center Shopping
Center; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. The proposed project will not have a significant effect on the environment.
4. The proposed C-2 zoning district permitting commercial land use
development is inconsistent with the existing PCD (Planned Commercial Development)
zoning located contiguous to and east of the project site, character and density of existing
and projected commercial development in the surrounding vicinity. The internal circulation
plan has not been fully developed and leaves a great deal of uncertainty with respect to
roadway width and number of lanes, access from the east side of the subject site to the
East Hills Mall and Walmart - Vons shopping complex and improvements to State Route-
178 Mt. Vernon Avenue on- and off-ramps; and, Mt. Vernon Avenue and Bernard Street
turn lanes providing ingress-egress to the subject site. The PCD zone would provide
proper planning for internal and external traffic circulation and roadway improvements,
building location, landscaping, deliveries, loading/unloading docks, and impacts to
surrounding commercial properties.
5. Based on the absence of evidence in the record as required by Section
21082.2 of the State of California Public Resources Code (CEQA)for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this project will
result in impacts that fall below the threshold of significance with regard to wildlife
resources and, therefore, must be granted a"de minis" exemption in accordance with
Section 711 of the State of California Fish and Game Code. Additionally, the assumption
of adverse effect is rebutted by the above-referenced absence of evidence in the record
and the Lead Agency's decision to prepare a Negative Declaration for this project.
6. The appeal of the Planning Commission decision by Lars Andersen &
Associates on behalf of the applicant, Home Depot, and by the College Center Parking
Association, a consortium of property owners of College Center Shopping Center, were
duly considered.
NOW, THEREFORE, BE IT RESOLVED AND FOUND by the Council of the City
of Bakersfield as follows:
2
ORIGINAL
1. All of the foregoing recitals are hereby found to be true and correct.
The Mitigated Negative Declaration for General Plan Amendment P00-0744 is
hereby approved and adopted with mitigation measures as shown on Exhibit "A".
That the requested amendment to Section 17.06.020 (Zoning Map)of the
Municipal Code of the City of Bakersfield changing the land use zoning of
that certain property in said City, the boundaries of which property are shown
on Zoning Map No. 103-22 marked Exhibit "B" attached hereto, and more
particularly described in attached Exhibit "C", be denied.
The appeals by Lars Andersen & Associates on behalf of the applicant,
Home Depot, and by the College Center Parking Association, a consortium
of property owners of College Center Shopping Center are hereby denied.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
FEB 1 ~ Z001 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER Ih~o~
COUNCILMEMBER ~O~F~
COUNCILMEMBER
CITY CLERK and Ex Officio~lerk of the
Council of the City of Bakersfield
APPROVED FEB 14~ 2001
HAhV'/EY L.~"I/~LL '! / ' ---'
MAYOR of the City of B~i~ersfield
MORE SIGNATURES ON FOLLOWING PAGE
3
ORIGINAl.
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By: ~ ~
RD:
February 1, 2001
S:\Dole\P00-0744\CC ZC Res Deny.rtf.wpd
4
OF~IGINAL
EXHIBIT"A"
Mitigation Measures
EXHIBIT "A"
General Plan Amendment/Zone Change P00-0744
Mitigation Measures
MITIGATION
Traffic Study Mitiaation
The following improvements, shown on Table A-1 shall be constructed prior to the Year
2020. The project's proportionate share of the "transportation impact fee program" is
shown on Exhibit A-l*.
Table A-1
Mitigation*
Intersection Required improvements Project % Share
Bernard Street at Haley Construct Traffic Signal 7.08%
Street
Columbus Street at Mt. Construct EB Right turn Lane 8.84%
Vernon Avenue
Niles Street at Mt. Vernon Construct Eastbound and 2.28%
Street Westbound Right Turn Lanes
*Source:
Traffic Study For General Plan Amendment and Zone Change at Mt.
Vernon Avenue and Bernard Street for Commercial Retail Center
Air Quality Study Miti(~ation**
The proposed project will have air pollutant emissions associated with the construction
and occupied use of the project sites. This section summarizes the measures that are
required to mitigate the emissions associated with the construction and occupancy of
the project.
7.1 Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures shall be utilized during the construction phase of the
project to reduce construction exhaust emissions:
General Plan Amendment/Zone Change P00-0744
Exhibit A
Page 2
Properly and routinely maintain all construction equipment, as
recommended by manufacturer manuals, to control exhaust emissions;
Shut down equipment when not in use for extended periods of time to
reduce emissions associated with idling engines;
Encourage ride sharing and use of transit transportation for construction
employee commuting to the project sites.
Use electric equipment for construction whenever possible in lieu of fossil
fuel-fired equipment.
ImDlementation: Prior to and during grading and construction activities
applicant/developer shall assure the City, in writing, that such grading and
construction activities are in compliance with the above mitigation measures
listed above under Item No. 7.1. Written assurance shall be submitted to the
City Building Director.
7.2 Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth
under SJVUAPCD Regulation VIII ~ Fugitive PM,o Prohibitions. The following mitigation
measures, in addition to those required under Regulation VIII, can reduce fugitive dust
emissions associated with these projects:
· Cover all access roads and parking areas with asphalt-concrete paving;
Asphalt-concrete paving shall comply with San Joaquin Valley Unified Air
Pollution Control District Rule 4641 and restrict use of cutback, slow-cure
and emulsified asphalt paving materials;
Use water sprays or chemical suppressants on all unpaved areas to
control fugitive emissions;
Enclose, cover or water all stockpiled soils to reduce fugitive dust
emissions;
Cease grading activities during periods of high winds (greater than 20
mph over a one-hour period);
Limit construction-related vehicle speeds to 15 mph on all unpaved areas
at the constructions site;
General Plan Amendment/Zone Change P00-0744
Exhibit A
Page 3
· All haul trucks should be covered when transporting loads of soil;
Wash off construction and haul trucks to minimize the removal of mud
and dirt from the project site.
Implementation: At all times during project construction, the applicant/developer
shall comply with SJVUAPCD Regulation VIII - Fugitive PM~o Prohibitions and the
mitigation measures listed above under Item No. 7.2., and shall assure the City,
in writing, that such grading and construction activities ara in compliance with
SJVUAPCD Regulation VIII - Fugitive PM,o Prohibitions and the above mitigation
measures. Written assurance shall be submitted to the City Building Director.
7.3 Mitigation Measures for Energy Consumption Emissions
This project will be required to comply with Title 24 of the California Code of
Regulations regarding energy conservation standards. These requirements, along with
the following mitigation measures, should be incorporated into the project design;
· Use Iow-NOx emission water heaters;
· Provide shade trees to reduce building cooling requirement;
· Install energy-efficient and automated air conditioners;
· Exterior windows should all be double-paned glass;
· Energy-efficient (tow-sodium) parking lights should be used;
Use Energy-efficient (Iow-sodium) parking lights in lieu of conventional
fireplaces.
Implementation: Upon submittal of building plans, such plans shall incorporate
Iow-NOx emission water heaters, energy-efficient and automated air conditioners,
exterior double-paned glass windows, energy-efficient (Iow-sodium) parking
lights and energy-efficient (Iow-sodium) parking lights and shade trees per local
ordinance as shown above Item No, 7.3. Building plans shall be submitted to the
Building Department.
Prior to submittal of building plans, site plans shall be submitted to "site plan
review" for review and comment. Site plans shall be submitted to the Planning
Department.
Jr
General Plan Amendment/Zone Change P00-0744
Exhibit A
Page 4
**Mitigation Measure Source: Air Quality Impact Study Home Depot Commercial Center
CONDITIONS
Planning Commission
The site shall be developed as a PCD (Planned Commercial Development) and
the Applicant/Developer shall submit a PCD zoning district application to the City
for processing prior to any site development.
Planning Department
Internal traffic circulation of the Home Depot retail center shall connect to the
internal circulation of the East Hills Mall.
2. The total project area is limited to a maximum of 305,000 sq.ft.
Public Works
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a. Submit a grading plan with soil report. The soil report is to include R-
values with engineering calculations for on-site and Mt Vernon and
Bernard street pavement designs.
b. Submit a comprehensive drainage study for the approval of the City
Engineer. All storm drainage shall be retained on site along with surface
street water. All on site retention basins and drainage easements
required by the approved drainage study shall be provided, and shall not
be maintained by the City.
c. Submit for the City's review and approval C.C.& R.'s and Property
Owner's Association By-Laws for the use and maintenance of all non-
dedicated, shared facilities. Among those non-dedicated, shared facilities
will be the on-site sewer main lines and laterals and storm drain lines,
cross drainage easements and appurtenant facilities.
Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through
development under the new land use and zoning.
Dedication and construction of right turn lanes are required at access
points on Mt. Vernon and on Bernard.
General Plan Amendment/Zone Change P00-0744
Exhibit A
Page 5
For internal circulation, provide a connection to Fashion Place as shown
on the submittal.
The following traffic mitigation conditions are based on the traffic study by
Ruettgers & Schuler Civil Engineers:
a. Future construction of traffic signal at the intersection of Bernard and
Haley Streets (County). Pay 7.08 percent as proportionate share of cost
of signal based on County estimate of traffic signal cost or an approved
engineering estimate provided by the developer/applicant, if a County
estimate is not available.
b. Future construction of Eastbound right turn lane at approach to the
intersection of Columbus Street and Mt. Vernon Avenue. Pay 8.84
percent as proportionate share of cost based on an approved engineering
estimate provided by the developer/applicant.
c. Future construction of Eastbound and Westbound right turn lanes at
approaches to the intersection of Niles Street and Mt. Vernon Avenue
(County). Pay 2.28 percent as proportionate share of cost based on an
approved engineering estimate provided by the developer/applicant.
d. The project developer/applicant shall pay project share of Regional Impact
Fees from Table 9 in the traffic study calculated as $146,788.
e. The project developer/applicant proposes a full access opening on Mt.
Vernon Avenue which will require the construction of a traffic signal by the
developer/applicant prior to opening of the development/retain store(s).
The developer/applicant shall participate in a maintenance district for the
maintenance of this non-public street intersection traffic signal. In the
event that a traffic signal is not constructed at this location, a median
restriction shall be constructed to prohibit left turns out of the access road
from the development. Left turns into the site will be allowed.
S:\Dole\POO-O744\Exhibit A Mit-Cond.wpd
January 16, 2001 (3:12PM)
EXHIBIT "B"
MAPS
CITY OF BAKERSFIELD
ZONING M~
SEC 22 T 29s
LEGEND
103-22
R 28E
EXHIBIT"C"
LEGAL DESCRIPTION
EXHIBIT C
Legal Description
The Southwest Quarter of the Northwest Quarter of Section 22, Township 29 South,
Range 28 East, Mount Diablo Base and Meridian, as per the Official Plat thereof on file
in the Office of the Surveyor General, in the City of Bakersfield, Kern County, State of
California.
Excepting therefrom the Southwest Quarter of the Southwest Quarter of said Northwest
Quarter of Section 22.
Also excepting therefrom that portion of the Northwest Quarter of the Southwest Quarter
of said Northwest Quarter of Section 22, as relinquished to the City of Bakersfield by
deed recorded June 3, 1971 in Book 4532, Page 689 of Official Records of Kern County.
O~iGINAL