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Home My WebLink AboutORD NO 4511ORDINANCE NO. 4 51 1 „ AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE ZONING FROM C-2 TO C-2/PCD (ZC NO. 07- 2098). WHEREAS, in accordance with the procedures 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 conditions of approval of Zone Change No. 00-0291, Riverwalk Commercial Center; and WHEREAS, by Resolution No. 59-08 on April 3, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2098, by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted an environmental impact report and changes in zoning to change conditions of approval number 19. b. and 28 of Zone Change No. 00-0291 (City Council Ordinance No. 4020), and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the Riverwalk Commercial Center Environmental Impact Report (EIR) certified on August 22, 2001, and incorporated by reference, documents that this zone change is a later project that will not have a significant effect. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly effect the environment, and pursuant to CEQA Guidelines Section 15162 the EIR certified for this project is adequate and no further environmental documentation is necessary; and WHEREAS, the laws and regulations relating to the preparation and adoption of Environmental Imapct Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 59-08, adopted on April 3, 2008: All required public notices have been given. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared for the original project (Zone Change No.00-0291) of the subject property and the Riverwalk Commercial Center EIR was certified on August 22, 2001, and duly noticed. Page 1 of 3 i J'' ~~ j ~?\ _. ~. t.? r~ i_ ".~~i. -. „_ 3. Said Riverwalk Commercial Center EIR for the proposed project is the appropriate environmental document to accompany project approval. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. The project will not significantly impact the physical environment because mitigation measures relating to biological resources, traffic and circulation, noise, air quality, cultural resources, and aesthetics have been incorporated into the project. 4. Because of the proposal by the applicant, the City Council requires that the project site include a PCD overlay zone so that future changes can be adequately reviewed by the Planning Commission and give opportunity for additional public comment. All previous conditions and mitigation are to be incorporated into an approved Planned Development (PD) review. 5. The proposed change is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the requested zone change. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. That this project pertains to the Riverwalk Commercial Center EIR previously certified in conjunction with Zone Change No.00-0291. 3. Section 17.06.020 of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the zoning from C-2 to C- 2/PCD as described by legal description in Exhibit B. 4. That the request for an additional signalized intersection is denied, and the maximum ground floor gross leasable space shall be 140,000 square feet. 5. Such zone change is hereby made subject approval of GPA/ZC No. 07- 2098 and Conditions of Approval/Mitigation Measures set forth in the attached Exhibit A. 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--------- Page 2 of 3 F. t~ ,. 1, ~~O rj t~~ ". ~- ;~ ._. ,,_ 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 June 11, 2008 by the following vote: YES:. COUNCILM COUNCILM ABSTAIN: COUNCILM ABSENT: COUNCILM PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield HARVEY L. FIALL Mayor of the City of APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ Exhibit A -Conditions of Approval/Mitigation Measures B -Zone Change Legal Description C -Zoning Map CG - S:\GPA 1st 2008\07-2098\Resos\CC ZC Ordinance.doc Page 3 of 3 J ~ ~,. .. _~ ~ _ ~_. ~~ f ^'~.l APPROVED JUN ], 1 2008 Exhibit A Conditions of Approval & Mitigation Measures ~; Pt t<<~ ,o o' ~~'~ F_ f C ) ( 7 y, EXHIBIT A Zone Change 07-2098 Conditions of Approval/Mitigation Measures USE RESTRICTIONS /DEVELOPMENT LIMITATIONS 1 2 3 The following uses will be prohibited within the development: a. Adult bookstore and/or adult entertainment establishments b. Billiards parlor c. Gaming activity (including cardrooms, etc.) d. Car wash (as a "stand alone" use) e. Mortuary f. Funeral parlor g. Crematorium h. Auto repair (as a primary use) i. Night club j. Place of worship k. Automotive sales I. Recreational vehicle sales m. Industrial uses n. Taverns or bars (as a primary use) o. Tattoo or body piercing establishment p. Fire works sales q. Hospital or sanitarium (does not include medical office) r. Taxidermist s. Motorcycle sales The easterly 1,200 feet of the project site, as measured from the centerline of Calloway Drive, shall be restricted to the following uses: a. Office development b. Hotel/motel c. Furniture store d. Fitness center e. Dinner or family sit-down restaurant (no fast food with drive-thru). Hours of operations for restaurants shall be as follows and be included in any recorded CC&Rs: a. Dinner Restaurants: b. Family style restaurants c. Fast Food restaurants: 10:30 am to 12:00 am 6:00 am to 12:00 am 5:00 am to 1:00 am Page 1 of 11 ~~. ~, ,~ ,. ,~ '~~~ ~- ~-, t::,' L;',' ... Exhibit A GPA/ZC 07-2098 4. The total combined size of all buildings shall not exceed a maximum cap of 500,000 square feet GLA (gross leasable area). Gross leasable area includes indoor and outdoor areas. a. No individual retail space shall exceed 140,000 square feet GLA for any floor. b. Only one individual retail space may exceed 100,000 square feet GLA. c. Any home improvement center use shall not exceed 75,000 square feet GLA. 5. Fast-food restaurant pads: a. Fast-food restaurant pads with drive-thru windows shall not exceed three (3) locations within 100 feet of Stockdale Highway and shall not be located within the easterly 1,200 feet of the site. b. Tenants shall utilize soundless technology for use in a drive-thru operation. If the tenant does not utilize soundless technology, then the developer shall install a 6-foot high landscaped berm, or wall with landscaping, between the speaker area and Stockdale Highway. 6. Hotel/motel: a. Any hotel/motel use located at the northwest corner of Calloway Drive and Stockdale Highway shall not exceed a maximum of 100 rooms and shall not exceed a height of two stories. b. Any hotel/motel use located between the western boundary of the easterly 1,200 feet of the project site and the northwest corner of Calloway Drive and Stockdale Highway shall not exceed a maximum of 120 rooms and shall not exceed a height of two stories. c. Any hotel/motel use located west of the easterly 1,200 feet of the project site shall not exceed a maximum of 200 rooms and shall have a 100' setback from Stockdale Highway. d. No pool, spa, or outdoor corridor shall be visible from Stockdale Highway or Calloway Drive. 7. Fitness Centers: a. Any fitness center use within the easterly 1,200 feet of the project site shall not operate between the hours of 12:00 am to 5 am seven days a week. 8. Theaters: a. Any theater use shall not exceed a maximum of 1,500 seats. b. No show or movie shall begin after 10:45 p.m. Page 2 of 11 ,, ~> ~ :gin C> .~ i F- , - r, <> 1, ,~~.~... ,.._ Exhibit A GPA/ZC 07-2098 9. Alcoholic Beverage Sales: a. No store shall be allowed greater than 2,500 square feet of gross leasable area in which 75% or more of the retail space is used for the off premises sale of alcoholic beverages. A gourmet wine and spirits shop is not included in this restriction. b. Off-sale or carry out sales of alcoholic beverages are prohibited in any in-line tenant space west of the 140,000 square foot retail building space (Target). 10. Gas Stations: a. Only one (1) gas or fueling station shall be allowed and shall be restricted to the western 15 acres of the 47 acre site. 11. No lumber yards, outdoor storage, or sales display areas shall be allowed on the entire 47 acre site. AESTHETICS 12. Developer shall construct meandering sidewalks with berms (not to exceed 4' high) along the Stockdale Highway and Calloway Drive project frontage. 13. Buildings shall be set back from the property line a minimum of 25' from both Stockdale Highway and Calloway Drive. 14. The project shall be designed with a minimum of two points of access from the site, directly to the bike path, to be utilized by both pedestrians and bicycles. The path connections shall be constructed in accordance with the approved site plan and pursuant to City standards. 15. The rear building elevations abutting the bike path, shall be sensitive to the Kern River bike path, and public park with facades similar in architecture design consistent with Section 17.08.140 (Design Standards for Large Retail Developments). All trash enclosures, diesel generators, and loading docks shall be screened with block walls and landscaping. 16. Restaurants using char-broilers will be required to install grease extracting exhaust hoods that are at least 95% efficient. An electrostatic precipitator (with a minimum collection efficiency of 90%) must be installed downstream from the exhaust hood. 17. There shall be provided one (1) 100-foot wide viewshed between buildings from Stockdale Highway through the site to the Park at Riverwalk that includes a plaza, which creates a linkage between the park site and shopping center and for pedestrian and view purposes from Stockdale Highway. Page 3 of 11 q . i ~~ e ~ O ~:~ ~~~ ~. t -- , ,.. ,, Exhibit A GPA/ZC 07-2098 18. Amain plaza shall be located at the terminus of the main entrance and shall be located adjacent to the City park site. The plaza shall be an open-air gathering place. Site design shall accommodate multiple and convenient pedestrian access directly to the park. In addition to a main plaza, two (2) small plazas shall be incorporated into the project. 19. A minimum of 5 bicycle racks shall be provided at convenient locations within the project site primarily to accommodate the Kern River bike path. 20. Pedestrian walkways, with one specifically provided at the northwest corner of the project site, shall be established to provide independent pedestrian access to focal points and buildings through parking areas consistent with Section 17.08.140 (Design Standards for Large Retail Developments). 21. Building heights and setbacks shall be in accordance with the policies of the Kern River Plan Element but shall not exceed a maximum height of 60 feet, except buildings located within 100 feet of Stockdale Highway right-of-way line which shall not exceed a maximum height of 40 feet. Building heights shall be identified on the Site Plan and any other plans submitted to the City of Bakersfield. No buildings over two habitable stories shall be permitted without rear access as approved by the Fire Department. 22. An emergency access plan subject to approval by the Fire Chief for the entire site is needed because of the unusual parcel geometry. The large park and a long building may affect emergency access. This may need to consider crash gates from park, grass and concert areas etc. to ensure emergency vehicle access. 23. All new development and accessory uses, excepting wells, shall maintain a minimum setback of 90 feet from the primary floodway line. If not feasible to do so because of lot size or configuration, new development, including accessory uses, shall maintain a setback from the primary floodway line of 60 percent or greater of the distance between the primary floodway line and the point of the lot farthest from the primary floodway. 24. A comprehensive sign plan shall be required to be approved by the City Planning Commission prior to building permits being issued. All freestanding signs proposed for the project shall be monument signs only, spaced along the Stockdale Highway and Calloway Drive project frontage. Wall signs shall be prohibited on the north building elevation of the 140,000 square foot tenant space. Sign size, design, color, texture, materials, and location shall be compatible with the open space character of the area. Pylon signs are prohibited within the commercial center. 25. The entire 47 acre site shall be developed as an integrated project with a common architectural and design theme that is subject to all requirements of a PCD in accordance with Chapter 17.54. Page 4 of 11 ~~, ~- ~,~ ,. Exhibit A GPA/ZC 07-2098 26. Prior to the issuance of building permits, the Planning Department shall review and approve all final plans to ensure the center meets the requirements of Section 17.08.140 (Design Standards for Large Retail Developments), including but not limited to, building architecture, parking design, landscaping, pedestrian access and public open space. LANDSCAPING 27. All plants shall be consistent with the plant list included in the adopted Kern River Element Plan. 28. The landscape plan shall be designed to provide visual relief from project structures. The landscape plan shall also include a planting screen of native riparian trees and scrubs along the northern boundary of the project site to provide a buffer between human activities and the riparian river habitat. 29. Mature and dense trees shall be installed all along the Stockdale Highway side of the project site. Mature and dense shall mean not less than 41 thirty-six inch (36") box trees and 42 twenty-four inch (24") box trees. Not less than 50% of said trees shall be trees which are non-deciduous in nature (not including palm trees). 30. Along the northern and western property line adjacent to the 140,000 square foot retail building (Target) that also includes attached shop tenant buildings, the developer shall perform as follows: a. Install a minimum 6-foot high decorative wrought-iron fence and a minimum 7- foot landscape strip that includes a combination of groundcover, shrubs and trees. b. This landscape strip shall be placed on the city park side of the fence. Along the fence, shrubs shall be planted to create a solid hedge. c. Trees shall be planted in the landscape strip with species consistent with the Kern River Parkway plant list. All trees shall be of evergreen variety with the minimum number based on a ratio of 1 tree per 20 feet. They shall consist equally of 24" and 36" box sizes, and may be planted in a staggered arrangement to provide a more natural visual effect. d. The applicant shall maintain this landscaping in good condition (including necessary plant replacement, if necessary), for a period of one year. After such time maintenance and with the acceptance of the landscaping by the City Parks Department, the city will maintain this area in conjunction with the park. 31. A landscaping strip at least 25 feet in width from top of Kern River bike path will be required along the north property line, planted in accordance to City standards with plant material consistent with the Kern River Plan Element. Page 5 of 11 ~_~~ ', f_ ~.~._. Exhibit A GPA/ZC 07-2098 LIGHTING/GLARE 32. The developer shall design exterior elevations and facades with minimum use of glazing, mirrors, and reflective materials or colors. Low-wattage security lighting directed away from light-sensitive uses shall be utilized, and shall be shielded so that all direct rays are confined to the site. 33. Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent residential properties, public parks, streets, and the bike path, with illumination evenly distributed across the parking area. 34. Light fixtures in the parking lot located within 200' of Stockdale Highway shall not exceed a maximum height of 20'. 35. Light fixtures located between the rear of the buildings and the levee shall not exceed a maximum height of 15'. 36. Prior to the issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce lights shall include low-intensity light fixtures and hooded shields. 37. Prior to the issuance of a building permit the project applicant shall submit and obtain City approval of lighting plans. The lighting plans shall verify that outdoor lighting is designed so that all direct rays are confined to the site. 38. Parking lot and security lighting shall be provided by no more than 40,000 lumen lamp poles, except that within 200' of Stockdale Highway and the back of buildings the lighting shall be limited to 22,000 lumen lamp poles, which shall range in height from 20 to 30 feet. Shorter poles are to be located adjacent to Stockdale Highway. Average lighting levels for all parking lots will be 2.5 foot candles, with a maximum of 11 foot candles. TRAFFIC AND CIRCULATION 39. Prior to the issuance of building permits, the project applicant shall provide its fair share funding toward the following improvements that are listed in Appendix C of the Draft EIR. At the time of issuing building permits, the applicant's funding calculations for all improvements associated with the fee program shall be submitted to the City for review and approval. a. Traffic Signals 1) Palm Ave. and Calloway Drive 2) Ming Ave. and Scarlett Oak Drive _ -.~, ~~ ,, Page 6 of 11 J Exhibit A GPA/ZC 07-2098 3) Ming Ave. and Grand Lakes Ave. 4) White Oak Drive and Old River Road. b. Roadway Segments 1) Brimhall Road 2) Truxtun Ave. 3) Stockdale Highway 4) Calloway Drive 5) Allen Road c. Intersections 1) Rosedale Highway and Calloway Drive 2) Rosedale Highway and Coffee Road 3) Palm Avenue and Calloway Drive 4) Brimhall Road and Allen Road 5) Brimhall Road and Coffee Road 6) Brimhall Road and Calloway Drive 7) Stockdale Highway and Gosford Road/Coffee Road 8) White Lane and Buena Vista Road 40. Prior to the completion of the final project phase, an additional northbound left turn lane shall be added to the intersection of Brimhall Road and Calloway Drive. 41. Buena Vista Road north of Stockdale Hwy shall be widened and/or redesigned by the developer to satisfaction of the City Engineer to reduce traffic conflicts between automobiles and delivery trucks to and from the park and shopping center. The City shall dedicate the right of way needed for road widening on the west side of Buena Vista Road. 42. Deceleration lanes shall be required for each entrance along Stockdale Highway. 43. Pay the fair share of local mitigation identified by the traffic study and as listed in the DEIR under mitigation TR-I. Amend and have approved the preliminary fee calculations provided in Table 6 of Appendix C in the DEIR for the local mitigation to include the fair share of all impacted road segments per TR-I. 44. Amend and have approved the Regional Transportation Impact Fee calculation provided in Table 10 of Appendix C in the DEIR to incorporate the currently adopted fee list. Since this site will be developed as an integrated and contiguous center over the existing and proposed commercial areas, the amended calculation and percentage shares shall be revised to incorporate the entire square footage. Pay the RTIF in accordance with the final approved calculation. 45. Signalize the project entrance on Stockdale Highway, provide east and south bound left turn lanes, west and south bound right turn lanes, and provide for signal maintenance by the development (100% developer responsibility). Prior to issuance of a building permit a phasing plan for all improvements is required. (TR-2) Page 7 of 11 ;, J ,{ ! Exhibit A GPA/ZC 07-2098 46. Prior to final project phase the intersection of Brimhall Road and Calloway Drive shall be modified to provide a second left turn lane north bound. (TR-3) AIR QUALITY 47. Prior to 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 to comply with SJVUAPCD Regulation VIII. 48. In addition to compliance with Regulation VIII, the following shall be incorporated into building plans and implemented during construction activities to further reduce fugitive dust emissions associated with the project: a. Cover all access roads and parking areas with asphalt-concrete paving. b. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. c. Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions. d. Enclose, cover or water all stockpiled soils to reduce fugitive dust emissions. e. 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 construction site. g. All haul trucks should be covered when transporting loads of soils. h. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 49. Prior to issuance of a grading permit, the following shall be incorporated into the grading plan: a. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. Page 8 of 11 n_ a> /~ ~- `ff -'.~ `_ , ~_> c; C'; ., ._ Exhibit A GPA/ZC 07-2098 d. Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. 50. Prior to issuance of a building permit, transportation control measures and design features shall be incorporated into the project to reduce emissions from mobile sources. A strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling, and traffic congestion includes the following: a. Improve street and traffic signals for those intersections and street segments that the proposed project contributes traffic. This will be implemented by the applicant's compliance with the fair share traffic fee contribution discussed in the traffic section (Section 5.4.4). 51. The project applicant shall incorporate the following in building plans: a. Use low-NOX emission water heaters. b. Provide shade trees to reduce building cooling requirements. c. Install energy-efficient and automated air conditioners. d. Exterior windows shall all be double-paned glass. e. Energy-efficient (low-sodium) parking lights shall be used. Provide bicycle racks at strategic locations within the project site. g. Provide cross walks across Stockdale Highway at the signalized entrance into the project site. h. Provide a bus turnout on Stockdale Highway along with a 15-foot by 10-foot concrete pad to serve as a passenger waiting area. This pad may support passenger amenities such as a bench or shelter. BIOLOGICAL RESOURCES 52. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan. 53. Prior to the issuance of a grading permit on the 32.89-acre project site, the project applicant shall comply with all of the appropriate terms and conditions of the MBHCP, including certain San Joaquin kit fox take avoidance measures and the guidelines for preventing den entrapment. Measures to be enacted during the construction phase of the project include: a. Preconstruction surveys to be conducted to search for active kit fox dens; b All pipes, culverts, or similar structures with a diameter of four inches or greater shall be capped to prevent the entry of the kit fox, if not capped, they will be Page 9 of 11 F> _ , Exhibit A GPA/ZC 07-2098 inspected prior to burial or closure to ensure no kit foxes or other protected species become entrapped; c. Excavations shall either be conducted with escape ramps or covered to prevent entrapment; d. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site by construction personnel to minimize attracting kit fox. 54. Prior to the issuance of a grading permit, the applicant shall include a plan to minimize the potential construction impacts to the adjacent sensitive riparian habitat. The plan shall be reviewed and approved by the City of Bakersfield and include the following. a. During construction, the area alongside the Kern River shall be fenced off tc protect it and prevent damage to vegetation, burrows, and nests from heavy construction equipment and vehicles. b. Lighting shall be shaded and directed away from habitat to protect nesting and roosting species. c. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site by construction personnel to minimize attracting animals from the adjacent riparian river habitat. d. The project applicant shall prevent and control unplanned man-cause fires by requiring construction vehicles to carry water, shovels, and fire extinguishers. Protection mats, shields, and windbreaks shall be used as appropriate for welding and grinding. Fire prevention requirements shall be enforced regarding cigarette smoking. 55. Prior to the issuance of a grading permit, the applicant shall provide a riparian habitat replacement plan to compensate for the loss of approximately 2.4 acres of riparian habitat. The replacement plan could include the purchase and conservation of riparian habitat, payment of a fee that is equal to the Metropolitan Bakersfield Habitat Conservation Plan fee, create additional riparian habitat, or enhance existing riparian habitat. If the applicant enhances or creates riparian habitat, each acre of riparian habitat that is removed shall be replaced (created or enhanced) with two acres of riparian habitat. 56. Prior to the issuance of a grading permit, the project applicant shall comply with the following raptor nest measures: a. If grading is proposed during the raptor nesting season (February -September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities. b. If construction is proposed to take place during the raptor nesting/breeding season (February -September), no construction activity shall take place within,, r. ~~,, (J C~ Page 10 of 11 ;_~ ~~~ Exhibit A GPA/ZC 07-2098 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 -January). CULTURAL RESOURCES 57. Prior to the issuance of a grading permit, grading plans shall specify that an archaeological monitor shall be present on the project site during all grading activities. 58. If any cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. 59. If human remains are found as a result of earth-moving activities, all work in the area must halt and the County Coroner will be notified (Section 5097.98 of the Public Resources Code). The Coroner will determine if the remains are of forensic interest. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, he/she will contact the Native American Heritage Commission (NAHC). The NAHC will be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD will make his/her recommendations within 24 hours of their notification by the NAHC. This recommendation may include scientific removal and nondestructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). 60. A preliminary report shall be prepared for the above recommendations and incorporated into a final report when the cultural resources work is completed. The final report shall be submitted to the City and the Southern Joaquin Valley AIC. S:\GPA 1st 2008\07-2098\GPAZC 07-2098 Conditions.doc Page 11 of 11 ~' ~~ .^., ~, `~' O ~~ ~., M-~ f .::> C.'.~`' ~ , . . Exhibit B Zone Change Legal Description ~. ", P. .~. ~= EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION C-2 TO C-2 PCD BEING A PORTION OF THE NORTH HALF OF SECTION 6, TOWNSHIP 30 SOUTH, RANGE 27 EAST AND THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2 OF LOT LINE ADJUSTMENT NO. 07-0104, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED JULY 31, 2007 AS DOCUMENT NO. 0207157859 OF OFFICIAL RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING SIXTY-SIX (66) COURSES: 1) SOUTH 89°09'41" EAST, ALONG THE NORTHERLY LINE OF LOTS 2 AND 1 OF SAID LOT LINE ADJUSTMENT, A DISTANCE OF 850.00 FEET TO AN ANGLE POINT IN THE NORTHERLY LINE OF SAID LOT 1; THENCE 2) NORTH 45°53'01" EAST, ALONG NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 461.66 FEET; THENCE 3) NORTH 05°59'02" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 184.75 FEET TO ANGLE POINT IN SAID LINE; THENCE 4) SOUTH 84°06'30" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 44.24 FEET TO ANGLE POINT IN SAID LINE; THENCE 5) NORTH 84°00'58" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 88.08 FEET TO ANGLE POINT IN SAID LINE; THENCE 6) NORTH 01°48'23" WEST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 104.66 FEET TO ANGLE POINT IN SAID LINE; THENCE 7) NORTH 86°35'21" EAST, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE OF 841.66 FEET TO ANGLE POINT IN SAID LINE; THENCE 8) NORTH 61°54'45" EAST, CONTINUING ALONG SAID NORTHERLY LINE AND ALONG THE NORTHERLY LINE OF PARCEL MAP NO. 10522 UNIT 1, FILED FOR RECORD IN BOOK 53 OF PARCEL MAPS AT PAGES 175-177 IN THE OFFICE OF THE KERN COUNTY RECORDER, A DISTANCE OF 1,352.74 FEET TO THE WESTERLY RIGHT-OF-WAY (R/V1!) LINE OF GALLOWAY DRIVE; THENCE 9) DEPARTING SAID NORTHERLY LINE, SOUTH 13°31'10" EAST, ALONG THE SAID WESTERLY R/W LINE, A DISTANCE OF 42.23 FEET; THENCE 10) SOUTH 13°31'17" EAST, CONTINUING ALONG SAID WESTERLY R/W LINE, A DISTANCE OF 43.63 FEET; THENCE 11) SOUTH 09°37'26" EAST, CONTINUING ALONG SAID WESTERLY Rl1IV LINE, A DISTANCE OF 120.38 FEET; THENCE 12) SOUTH 14°23'21" EAST, CONTINUING ALONG SAID WESTERLY R/W LINE, A DISTANCE OF 186.41 FEET TO THE NORTHERLY RJW LINE OF STOCKDALE HIGHWAY; THENCE 13) SOUTH 30°37'20" WEST, ALONG SAID NORTHERLY RM/ LINE, A DISTANCE OF 42.49 FEET; THENCE e, '~ ~ ~ ;~ Q:\PROJECTS\680693\LEGALS10693EM11_ZC.doc GC/JM 5/8/2008 ~,.; 'cam F_ <._, C, _,: EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 14) SOUTH 75°37'55" WEST, CONTINUING ALONG SAID NORTHERLY RNU LINE, A DISTANCE OF 33.29 FEET; THENCE 15)SOUTH 81°08'27" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 135.42 FEET; THENCE 16) SOUTH 75°37'55" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 50.73 FEET; THENCE 17) SOUTH 75°37'19" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 72.89 FEET; THENCE 18) SOUTH 72°09'22" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 66.44 FEET; THENCE 19) NORTH 62°50'38" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 18.38 FEET; THENCE 20) SOUTH 72°09'22" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 37.27 FEET; THENCE 21) SOUTH 26°41'43" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 38.48 FEET; THENCE 22)SOUTH 71°12'56" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 231.35 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,161.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 18°46'07" EAST; THENCE 23) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 09°40'36", AN ARC DISTANCE OF 196.08 FEET; THENCE 24) SOUTH 65°26'40" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 93.54 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,170.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 33°01'13" EAST; THENCE 25) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 06°25'53", AN ARC DISTANCE OF 131.33 FEET; THENCE 26) NORTH 85°10'06" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 18.18 FEET; THENCE 27) SOUTH 49°08'11" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 37.42 FEET; THENCE 28) SOUTH 03°07'40" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 32.70 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,161 FEET, FROM WHICH POINT A RADIAL LINE BEARS 50UTH 43°01'27" EAST; THENCE 29) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY R/W LINE, THROUGH A CENTRAL ANGLE OF 00°14'31", AN ARC DISTANCE OF 2.45 FEET; THENCE c Q:\PROJECTS1680693\LEGALS\0693EM11_ZC.doc GC/JM 5/8/2008 r; ~`' ~ ~' `~? ~? .., , __. ~a i._ .~ V1ii ., .__ EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 30) SOUTH 46°44'02" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 350.18 FEET; THENCE 31) SOUTH 52°59'52" WEST, CONTINUING ALONG SAID NORTHERLY RM/ LINE, A DISTANCE OF 92.00 FEET; THENCE 32) SOUTH 46°44'02" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 129.94 FEET; THENCE 33) NORTH 88°41'29" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 18.26 FEET; THENCE 34) SOUTH 45°52'59" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 37.37 FEET; THENCE 35)SOUTH 01°18'31" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 31.30 FEET; THENCE 36) SOUTH 46°44'02" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 224.79 FEET; THENCE 37) SOUTH 53°14'49" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 90.68 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,935.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 42°20'56" WEST; THENCE 38) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 03°37'27", AN ARC DISTANCE OF 122.39 FEET; THENCE 39) NORTH 86°39'27" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 26.80 FEET; THENCE 40) SOUTH 49°43'35" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 80.23 FEET; THENCE 41) SOUTH 05°09'26" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 30.34 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1,946.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 35°07'08" WEST; THENCE 42) SOUTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 08°20'52", AN ARC DISTANCE OF 283.54 FEET; THENCE 43) SOUTH 70°53'37" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 90.59 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,936.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 24°06'47" WEST; THENCE 44) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY R/W LINE, THROUGH A CENTRAL ANGLE OF 03°47'41", AN ARC DISTANCE OF 128.22 FEET; THENCE 45) NORTH 64°47'29" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 18.54 FEET; THENCE O:\PROJECTS1680693\LEGALS\0693EM11 ZC.doc GC/JM 5/8/2008 - ~' ~-~ - ~~, .~ EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 46) SOUTH 70°43'49" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 37.15 FEET; THENCE 47) SOUTH 26°14'58" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 32.74 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,946.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 18°08'29" WEST; THENCE 48) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 05°44'31", AN ARC DISTANCE OF 195.02 FEET; THENCE 49) SOUTH 85°16'55" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 90.29 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,936.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 09°45'01" WEST; THENCE 50) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 03°48'40", AN ARC DISTANCE OF 128.78 FEET; THENCE 51) NORTH 50°23'19" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 32.75 FEET; THENCE 52) SOUTH 85°10'51" WEST, CONTINUING ALONG SAID NORTHERLY R/W LINE, A DISTANCE OF 54.00 FEET; THENCE 53) SOUTH 04°49'09" EAST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 8.49 FEET; THENCE 54) SOUTH 41°38'46" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 33.39 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,940.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 02°02'12" WEST; THENCE 55) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY R/W LINE, THROUGH A CENTRAL ANGLE OF 05°22'49", AN ARC DISTANCE OF 182.17 FEET; THENCE 56) NORTH 81°21'57" WEST, CONTINUING ALONG SAID NORTHERLY R/VV LINE, A DISTANCE OF 196.95 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,931.04 FEET, FROM WHICH POINT A RADIAL LINE BEARS NORTH 08°14'51" EAST; THENCE 57) WESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID NORTHERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 05°27'42", AN ARC DISTANCE OF 184.07 FEET; THENCE 58) NORTH 29°38'46" WEST, CONTINUING ALONG SAID NORTHERLY RNV LINE, A DISTANCE OF 43.63 FEET TO THE EASTERLY RNV LINE OF BUENA VISTA ROAD; THENCE 59) NORTH 16°59'55" EAST, ALONG SAID EASTERLY R/Vy LINE, A DISTANCE OF 54.35 FEET; THENCE Q:\PROJECTS\6806931LEGALS\0693EM11 ZC.doc GC/JM 5/8/2008 Cj EXHIBIT "B" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) 60) NORTH 23°20'20" EAST, CONTINUING ALONG SAID EASTERLY R/V1/ LINE, A DISTANCE OF 90.55 FEET; THENCE 61) NORTH 16°59'55" EAST, CONTINUING ALONG SAID EASTERLY R/W LINE, A DISTANCE OF 72.00 FEET; THENCE 62) NORTH 61°59'55" EAST, CONTINUING ALONG SAID EASTERLY R/V1/ LINE, A DISTANCE OF 28.28 FEET; THENCE 63) NORTH 21°32'47" EAST, CONTINUING ALONG SAID EASTERLY R/W LINE, A DISTANCE OF 66.21 FEET; THENCE 64) NORTH 43°10'46" WEST, CONTINUING ALONG SAID EASTERLY RNV LINE, A DISTANCE OF 19.89 FEET TO THE BEGINNING OF ANON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 73.00 FEET, FROM WHICH POINT A RADIAL LINE BEARS SOUTH 76°38'33" WEST; THENCE 65) NORTHWESTERLY ALONG SAID CURVE AND CONTINUING ALONG SAID EASTERLY RNV LINE, THROUGH A CENTRAL ANGLE OF 50°41'16", AN ARC DISTANCE OF 64.58 FEET TO THE WESTERLY LINE OF SAID LOT 2; THENCE 66) NORTH 16°59'55" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 303.50 FEET TO THE POINT OF BEGINNING. CONTAINING 47.69 (NET) ACRES, MORE OR LESS. ~.a.o~ McINTOSH & ASSOCIATES 2001 Wheelan Court Bakersfield, CA 93309 (661) 834-4814 Q:\PROJECTS\6806931LEGALS\0693EM11 ZC.doc GC/JM 5/8!2008 ,:~- '-~ ~ Exhibit C Zoning Map No. 123-06 _~ ~~ r''_ t ~- ~_ ;_, yp _ f 5 ~ e~~ 1 M ~ ~ ~ ~ ~ ~ t r~ °se ~a~ ~ ~ '~~~'~z ~ ~~ r~ ~~~ s~ ~~ ~ ~~~ .~~ ~ r ~Z~ ~,; 3N~! W ~ ; E tip :.~~ :: ::4:.~~:; i~ti.~.L~eS1 s.1 ZONE CHANGE 07-2098 ~ ~~ ~ `. ' v ~~ .~ 1 ,\, 1 ~ Y ~ t 1 ~ N O 1 ~ v u ~ ~ ti ~ o.ea nw ar rl~. ~- ~ ring rr~...r+~~a ~ ~! +w~ ~ ~ ! ~ s ~ - ~ ,,~ ~ k ~ t ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ i ~ ~ $ i ~ , ~ ~ a ` ^^^ i i V ~ ~ i ~~ ~~ ~ ~ ~ ~ ~ ~~~~~~ F ~~~~~~1~ 1 ; ~ tt~~~tl! ~ ~~~~. ,~ _,~~. 20NiNG M+-P IZ3-a 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 12th day of June , 2008 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 451 I ,passed by the Bakersfield City Council at a meeting held on the 11th day of June, 2008 and entitled: AN ORDINANCE AMENDING TITLE 17 (ZONE MAP NO 123-06) OF THE MUNICIPAL CODE FROM C-2 TO C-2/PCD ON APPROXIMATELY 47 ACRES LOCATED WEST OF GALLOWAY DRIVE BETWEEN STOCKDALE HIGHWAY AND THE KERN RIVER (ZC 07-2098). PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: e1 ~p DEPUTY City Clerk S:\DOCU M E Nl1FORMS\AO P.O RD.wpd 6/11 /2008 ORDINANCE NO. 4 51 1 „ AN ORDINANCE AMENDING SECTION 17.06.020 OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE CHANGING THE ZONING FROM C-2 TO C-2/PCD (ZC NO. 07- 2098). POSTED ON CQ 12 0'~ by City Clerk's Office City of Bakersfield by_~ WHEREAS, in accordance with the procedures 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 conditions of approval of Zone Change No. 00-0291, Riverwalk Commercial Center; and WHEREAS, by Resolution No. 59-08 on April 3, 2008, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 07-2098, by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution and restated herein; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted an environmental impact report and changes in zoning to change conditions of approval number 19. b. and 28 of Zone Change No. 00-0291 (City Council Ordinance No. 4020), and the Council has considered said findings as restated herein and all appear to be true and correct; and WHEREAS, the Riverwalk Commercial Center Environmental Impact Report (EIR) certified on August 22, 2001, and incorporated by reference, documents that this zone change is a later project that will not have a significant effect. Based upon an initial environmental assessment, staff has determined the proposed project will not significantly effect the environment, and pursuant to CEQA Guidelines Section 15162 the EIR certified for this project is adequate and no further environmental documentation is necessary; and WHEREAS, the laws and regulations relating to the preparation and adoption of Environmental Imapct Reports as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 59-08, adopted on April 3, 2008: All required public notices have been given. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared for the original project (Zone Change No.00-0291) of the subject property and the Riverwalk Commercial Center EIR was certified on August 22, 2001, and duly noticed. Page 1 of 3