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Home My WebLink AboutORD NO 3998ORDINANCE NO. ~ g g 8 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-22 BY CHANGING THE ZONING FROM R-I and R-3 TO C- 2 GENERALLY LOCATED BETWEEN STATE ROUTE-178, BERNARD STREET, EAST HILLS MALL AND MT. VERNON AVENUE IN NORTHEAST BAKERSFIELD. (ZONE CHANGE 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 Planning Commission held a public hearing 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; and WHEREAS, by Resolution No. 137-00 on December 21, 2000 the Planning Commission recommended disapproval of the requested 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; 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 the requested C-2 zoning 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 was advertised and posted on December 1, 2000 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial and residential development; and WHEREAS, a portion of this property has development issues which are best addressed with a Planned Commercial Development zone district; and WHEREAS, appeals of the Planning Commission's recommendation were filed by Scott Mommer (for Lars Anderson, Home Depot and College Center Parking Association); and WHEREAS, this City Council conducted a duly noticed public hearing of the appeals and proposed amendments on February 14, 2001; and WHEREAS, issues concerning Home Depot's proposed development were resolved; and findings: WHEREAS, the City Council has considered and hereby makes the following All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures/Conditions of Approval shown on Exhibit "A" are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to Wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. Development of Home Depot project will be in a manner typical of other existing such commercial projects. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 103-22 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 4. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit "A", subject to approval of GPA P00- 0744. 5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 103-22 marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C ". 6. Such zone change is hereby made subject to mitigation measureS~ conditions of approval listed in attached Exhibit "A", subject to approval of GPA P00-0T~4. .j, IGtNAL 7. The requested C-2 zone is approved only on that portion of the site on which the Home Depot will be developed. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB '~8 ~001 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULUVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER i'~ COUNCILMEMBER CITY CLERK and Ex offi~ip/./Clerk of the Council of the City of Bakers-field APPROVED FEB 28 HARVECL. HA(L ~AYOR of the Gity of Bakemfield / APPROVED AS TO FORM: BART J. THILTGEN City Attorney RED February 15, 2001 s:dole\p00-0744\cc zc ord EXHIBIT"A" MITIGATION MEASURES/CONDITIONS EXHIBIT "A" General Plan Amendment/Zone Change P00-0744 Conditions/Mitigation Measures CONDITIONS City Council The C-2 zone will be placed only on the property to be occupied by the Home Depot business. The remainder of the site, not occupied by the Home Depot, shall be required to be rezoned to PCD at such future time as development is proposed for the remainder. MITIGATION Traffic Study Miti_~ation 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 Mltiaation** 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 General Plan Amendment/Zone Change P00-0744 Exhibit A Page 2 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: Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions; Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines; Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Implementation: 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 General Plan Amendment/Zone Change P00-0744 Exhibit A Page 3 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; · 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 are 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 low-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 (Iow-sodium) parking lights should be used; Use EPA approved wood burning stoves, fireplace inserts or pellet stoves 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) pa General Plan Amendment/Zone Change P00-0744 Exhibit A Page 4 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. **Mitigation Measure Source: Air Quality Impact Study Home Depot Commercial Center CONDITIONS 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. General Plan Amendment/Zone Change P00-0744 Exhibit A Page 5 Dedication and construction of right turn lanes are required at access points on Mt. Vernon and on Bernard. 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\P00-0744\Exhibit A Mit-Cond.wpd March 1,2001 (9:34AM) EXHIBIT "B" MAPS liBIEBAL b'eMllEil~lAt ~NE BEBNIIlln AMBIIIE ZONE OllANBE IAHS ANDEII~EN AND ASSOOIATES, INO 4630 WEST JACQUELYN AVF, SUITE 119, FRESNO CA 95722 559--276-2790 FAX 559-276-0850 103-22 R 28E EXHiBIT"C" LEGAL DESCRIPTION LEGAL DESCRIPTION Home Depot Bakersfield Community Zoning Zone Change P00-0744 All that portion of The Southwest Quarter of the Northwest Quarter of Section 22, Township 29 South, Range 28 East, M. D. B. & M., in the City of Bakersfield, County of Kern, State of California, according to the official plat thereof, described as follows: COMMENCING at the West 1/4 comer of said Section 22; THENCE, along the south line of the Northwest Quarter of said Section 22 North 89° 20' 34" East 660.44 feet to the TRUE POINT OF BEGINNING; THENCE, departing from the south line of said Northwest Quarter of said Section 22 North 00° 16' 55" West 700.32 feet; THENCE, North 14° 37' 44" West 150.70 feet; THENCE, North 00° 03' 53" West 477.26 feet; THENCE, North 89° 18' 10" East 695.36 feet to the west boundary line of Parcel 9 as shown on that certain Parcel Map No. 8267 filed for record in Book 35 at Page 183 in the office of the County Recorder of said county; THENCE, along said west line of said Parcel 9 South 00° 18' 31" East 1,279.29 feet to the northerly line of Bernard Street Right of Way and the southwest comer of said Parcel 9; THENCE, departing from said northerly boundary line of said Right of Way line South 00° l 8' 31" East 45.00 feet to a point on the south line of the Northwest Quarter of said Section 22; THENCE, along said south line of said Northwest Quarter of said Section 22 South 89° 20' 34" West 660.44 feet to the TRUE POINT OF BEGINNING. Containing 20.527 acres more or less. END OF DESCRIPTION AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 29th day of February , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3998 , passed by day of February 2001 the Bakersfield City Council at a meeting held on the 28th and entitled: ORDINANCE AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 103-22 BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) AND R-3 (LIMITED MULTIPLE FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL), FOR PROPERTY LOCATED BETWEEN STATE ROUTE 178, BERNARD ST, EAST HILLS MALL AND MT VERNON AVENUE IN NORTHEAST BAKERSFIELD. (ZC P00-0744) /s/PAMELA A. McCARTHy City Clerk of the City of Bakersfield DEPU'l"'Y--City Cl&rk / ~3 S:\Document\FORMS~AOP.ORD.wpd February 29, 2001