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HomeMy WebLinkAboutRES NO 125-01RESOLUTION NO. ]' 2 5 ' 0 ~. RESOLUTION MAKING FINDINGS AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. GPA P00-0291 OF PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on THURSDAY, June 28, 2001, on GPA P00-0291 of the proposed amendment to the Kem River Plan Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said headng by publication in the Bak r field Calif rni n, a local newspaper of general circulation; and WHEREAS, such Case No. GPA P00-0291 of the proposed amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P00-0291: Castle and Cooke California, Inc, has requested an amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from 6,25 (Office Commercial) to 6.2 (General Commercial) on 32.89 acres; and WHEREAS, for the above-described proposal, an Initial Study and Notice of Preparation (NOP) were conducted and it was determined that the proposed project would have a potential significant effect on the environment regarding impacts to traffic and circulation, noise, biological resources, air quality, cultural resources, and aesthetics, and, therefore, an Environmental Impact Report was required and prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, pursuant to the policies of the Kern River Plan Element, the Kern County Board of Supervisors reviewed the proposed amendment on September 26, 2000, and submitted a formal recommendation to the City of Bakersfield that the proposal is consistent with the adopted Kern River Plan Element; and WHEREAS, the law and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 78-01 on June 28, 2001, the Planning Commission recommended approval and adoption of Case No. GPA P00-0291, as shown in Exhibit WA", and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, August 22, 2001, on the above described Case No. GPA P00-0291 of the proposed amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, an appeal was received from Ryan Oliver, 631 Faversham Way, Bakersfield, CA, 93311, on July 9, 2001, or eleven days after the Planning Commission's decision on GPA P00-0291; and WHEREAS, the appeal disputes that the proposed certification of the Final Environmental Impact Report is in compliance with CEOA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures; and WHEREAS, the appeal provides no testimony or evidence on how or why the proposed certification of the Final Environmental Impact Report for GPA P00-0291 would not be in compliance with CEQA, the CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures; and WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. 2. The provisions of the California Environmental Quality Act have been met. That the applicant by prior written agreement shall comply with all adopted mitigation measures contained in the Final Environmental Impact Report. That this project was the subject of an Environmental Impact Report pursuant to CEQA and the entire environmental record is hereby adopted and incorporated herein by reference as set forth in the resolution certifying the Final Environmental Impact Report. In the resolution certifying the Final Environmental Impact Report for GPA/ZC P00-0291, the City Council made findings pursuant to Section 21081 of the Public Resources Code that the mitigation incorporated into the project would avoid potential significant impacts or mitigate potential significant impacts to a less than significant level; however, certain environmental impacts regarding air quality were determined unavoidable and could not be feasibly mitigated to a less than significant level, and, therefore, a "Statement of Overriding Considerations" was adopted. 7. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Kern River Plan Element and the Metropolitan Bakersfield 2010 General Plan. Based on the 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, and the mitigation measures proposed to address impacts on biological resources, 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 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced evidence and the conclusion of the Final Environmental Impact Report that the implementation of the proposed mitigation measures would reduce project and cumulative impacts on biological resources to a level that is less than significant. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. That certain environmental impacts regarding air quality are considered unavoidable and cannot feasibly be mitigated to a less than significant level. Moreover, the project alternatives analyzed in the Final Environmental Impact Report would not feasibly mitigate the impacts. These impacts are discussed in the resolution certifying the Final Environmental Impact Report for GPA/ZC P00- 0291. Notwithstanding disclosure of these impacts and their partial mitigation, the City Council is approving the project based on the overriding considerations as set forth in the "Statement of Overriding Considerations" attached in Exhibit C. The City Council hereby approves and adopts Case No. GPA P00-0291 of the proposed amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, for property located west of Calloway Ddve, between Stockdale Highway and the Kern River, and subject to the conditions of approval/mitigation measures as provided in Exhibit B. That Case No. GPA P00-0291, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. 6. The appeal by Ryan Oliver is hereby denied. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. ......... 000 ........ 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 August 22, 2001, by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER CITY CLERK and Ex Offici(~Clerk of the Council of the City of Bakersfield APPROVI~[~ AUG ~ ~ 20,,01 ~AA~YofL[hHeeAcL~itLy of Bake~sr/~d APPROVED as to form: BART THILTGEN City Atto~.~ . S:\GPA 2nd Qtr 200%PO0-O291~KRPE.CC.PO0-0291 wp(I 4 ~ I GPA P00-0291 6.25 to 6.2 --' ~ Kern River Plan Element Amendment ~ 6.25 to 6.2 6.25 5.95 6.2 OS-P HOWELL DR N OC 200 0 200 400 Feet 1 LPJPS /-~' ME ;HAM HILL DR EXHIBIT B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Lighting/Glare: 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. 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. Light fixtures in the parking lot, located within 200' of Stockdale Highway, shall not exceed a maximum height of 20'. Light fixtures located between the rear of the buildings and the levee, shall not exceed a maximum height of 15'. Landscaping Along Stockdale: Developer shall landscape with native plant materials in accordance with the Kern River Plan Element as approved by the City of Bakersfield. 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). Meandering Sidewalks: Developer shall construct meandering sidewalks with berming (not to exceed 4') along Stockdale Highway and Calloway Drive project frontage. Building Setbacks: Buildings shall be set back from the property line a minimum of 25' from both Stockdaie Highway and Calloway Drive. Bike Path Access: 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. ,~.~: ~ Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 2 6. Rear Building Treatment: The rear building elevations abutting the bike path, will be sensitive to the Kern River bike path, and public park with facades similar in architecture design of the building (like the Market Place commercial development). All trash enclosures, diesel generators, and loading docks shall be screened with block walls and landscaping. A landscaping strip at least 25 feet in width from top of slope will be required along the noah property line, planted in accordance to City standards with plant material consistent with the Kern River Plan Element. 7. Odors and Pollution: 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. 8. Screening/Wall (South Side of Stockdale Hwy) A 6 foot high masonry block wall and a 10 foot wide landscape strip shall be constructed along the south side of Stockdale Highway. The wall and landscaping shall be constructed from its westerly termination, west along only the frontage of the proposed drainage basin on the south side of Stockdale Highway. Kern River Plan plant materials are to be used. 9. Building Heights: 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. 10. Signage/Pylons: 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. 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 Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 3 11. Restricted Uses: The following uses will be prohibited within the development: 1. Adult bookstore and/or adult entertainment establishments 2. Billiards parlor 3. Gaming activity (including cardrooms, etc) 4. Car wash (as a "stand alone" use) 5. Mortuary 6. Funeral parlor 7. Crematorium 8. Auto repair (as a primary use - as defined by Building code) 9. Night club 10. Place of worship 11. Automotive sales 12. Recreational vehicle sales 13. Industrial uses 14. Taverns or bars (as a primary use - as defined by Building Code) 15. Tattoo or body piercing establishment 16. Fire works sales 17. Hospital or sanitarium (does not include medical office) 18. Taxidermist 19. Motorcycle sales 12. Office Element (East End of Property) The easterly 1,192 feet of the project site, as measured from the centedine of Calloway Drive, shall be restricted to commercial office development, with the exception that a hotel/motel, furniture store, fitness center or sit down restaurant are also permitted. 13, Viewshed: There shall be a minimum of one 100 foot gap between buildings to form a plaza with a water fountain that creates a linkage between the park site and shopping center and for view purposes from Stockdale Highway. 14. Plaza Location and General Description: The main Plaza shall be located at the terminus of the main entrance and shall be located adjacent to the proposed 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, tw~(,2).e~..r Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 4 small plazas shall be incorporated into the project. 15. Hours of Operations: For the restaurants and fast food restaurants will be as follows: a. Dinner Restaurants 10:30 am to 12:00 am b. Family style restaurants: 6:00 am to 12:00 am .c. Fast Food restaurants 5:00 am to 1:00 am This item will be included in CC and R's. 16. Bicycle Accommodations: 17. 18. 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. Deceleration lanes shall be required for each entrance along Stockdale Highway. An emergency access plan subject to approval by the Fire Chief for the whole 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. Maximum Size of Tenant (Overall, 32 acre parcel, 15 acre parcel): a. The size of all proposed buildings will not collectively exceed the maximum cap of 500,000 square feet (Gross Leasable Area). b. No individual retail space will be more than 100,000 square feet GLA (Gross Leasable Area) for the ground floor. The idea is to remove the possibility of a "big box" commercial building. c. Any Home Improvement Center type use shall not exceed 75,000 sq. ft. in size. Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 5 20. Pads: Fast food restaurants with drive-thru windows will be limited to 3 within 100 feet of Stockdale Highway within the project site and shall not be located within the easterly 1,192 feet of the site. The tenant shall utilize soundless technology for use in a drive-thru operation. If the tenant does not utilize soundless technology for a drive-through operation, then the developer agrees to the following condition: Developer shall create a 6 foot high landscaping berm or wall with landscaping, between the speaker area and Stockdale Highway. The intent is to list fast food pads lining Stockdale Highway, the western entrance to the City of Bakersfield. 21. Entry way to the City 30 acre park and shopping center at Buena Vista Road shall be submitted to and approved by the Planning Director to ensure screening of the corner commercial development and compatibility of landscape treatment. 22. The entire 47 acre site shall be developed as an integrated project, therefore these conditions shall apply to all 47 acres. 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. Pay the fair share of local mitigation identified by the traffic study and as listed in the DEIR under mitigation TR-1. 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-1. 25. Amend and have approved the Regional Transportation Impact Fee calculation provided in Table 10 of Appendix C in the DEI R 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. 26. 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 iss~ ~c_~e~of Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 6 a building permit a phasing plan for all improvements is required. (TR-2) 27. 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) 28. Access to Stockdale Highway will be limited and will be determined at time of site plan review. All entrances shall be constructed with right turn lanes with a minimum storage of 150' (200' for the signalized entrance). Spacing of entrances shall be such that a right turn lane does not begin immediately after the previous entrance, but shall be spaced at least 400' from the previous end of curb return. No full access entrances will be allowed with the exception of the signalized entrance. A single access point limited to right in and right out may be permitted along Calloway Drive centered no closer than 400 feet from the centerline of Stockdale Highway. Said entrance must be constructed with right turn lane. BIOLOGICAL RESOURCES 29. 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. 30. 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: Preconstruction surveys to be conducted to search for active kit fox dens; 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 inspected prior to burial or closure to ensure no kit foxes or other protected species become entrapped; Excavations shall either be conducted with escape ramps or covered to prevent entrapment; 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. Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 7 31. 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 offto 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. 32, 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. 33, Prior to the approval of a grading plan, the applicant shall submit a landscape plan for review and approval by the City of Bakersfield. The landscape plan shall 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. 34. 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. Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 8 b) If construction is proposed to take place during the raptor nesting/breeding season (February - 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- January). TRAFFIC AND CIRCULATION 35. 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. Traffic Signals Palm Ave. and Calloway Drive Ming Ave. and Scarlett Oak Drive Ming Ave. and Grand Lakes Ave. White Oak Drive and Old River Road. Roadway Segments Brimhall Road Truxtun Ave. Stockdale Highway Calloway Drive - Allen Road Intersections Rosedale Highway and Calloway Drive Rosedale Highway and Coffee Road Palm Avenue and Calloway Drive Brimhall Road and Allen Road Brimhall Road and Coffee Road Brimhall Road and Calloway Drive Stockdale Highway and Gosford Road/Coffee Road White Lane and Buena Vista Road 36. 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. Exhibit B General Plan AmendmentJZone Change P00-0291 Conditions of Approval/Mitigation Measures Page 9 AIR QUALITY 37. 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. 38. 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: Cover ail access roads and parking areas with asphalt-concrete paving. Asphalt-concrete paving shall comply with SJVUAPCD Rule 4641 and restrict the 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 construction site. All haul trucks should be covered when transporting loads of soils. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 39, Prior to issuance of a grading permit, the following shall be incorporated into the grading plan: b. C. d. 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. 40. 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: Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 10 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). 41. The project applicant shall incorporate the following in building plans: Use Iow-NOX emission water heaters. Provide shade trees to reduce building cooling requirements. Install energy-efficient and automated air conditioners. Exterior windows shall all be double-paned glass. Energy-efficient (Iow-sodium) parking lights shall be used. Provide bicycle racks at strategic locations within the project site. Provide cross walks across Stockdale Highway at the signalized entrance into the project site. 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. CULTURAL RESOURCES 42. 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. 43. 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. 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 Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 11 remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). 45. 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. AESTHETICS 46, Prior to the issuance of a building permit, building plans shall show that all structures to be located on the project site shall be limited to a height of 60 feet. 47. 48. 49. 50. 51. Prior to the issuance of grading permits, the project applicant shall prepare landscape plans for the project area to provide visual relief from project structures. These plans shall be consistent with the plant list included in the adopted Kern River Element Plan. 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 Iow-intensity light fixtures and hooded shields. 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. 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. The developer shall design exterior elevations and facades with minimum use of glazing, mirrors, and reflective materials or colors. To assure compliance with this mitigation measure the owner/developer will need to receive approval from the City's Planning Director or the Planning Commission for the selection of exterior design materials. Exhibit B General Plan AmendmentJZone Change P00-0291 Conditions of Approval/Mitigation Measures Page 12 52. Hotel/Motel Use: 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. Any hotel/motel use located between the western boundary of the easterly 1,192 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. Any hotel/motel use located west of the easterly 1,192 feet of the project site shall not exceed a maximum of 200 rooms and shall have a 100' setback from Stockdale Highway. No pool, spa, or outdoor corridor shall be visible from Stockdale Highway or Calloway Drive. 53. Fitness Center Use: Any fitness center type use within the easterly 1,200 feet of the project site shall be limited to the following hours of operation: a. 5:00 amto 12:00 am 54. Bicycle/Pedestrian Circulation & Landscaping Plans: A bicycle and pedestrian circulation plan and landscaping plan shall be submitted for approval by the Site Plan Review Committee prior to issuance of any building permit. A minimum of six (6) 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 or major tenants through parking areas. 55. Theater Use: Any theater type use shall not exceed a maximum of 1,500 seats and no show or movie shall begin after 10:45 p.m. 56. Additional Landscaping Requirements: The northwest corner of Stockdale Highway and Calloway Drive and the area directly south of the main entrance, south of Stockdale Highway, shall have enhanced compatible landscaping. 57. Alcoholic Beverage Retail Uses: 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. . ~ Exhibit B General Plan Amendment/Zone Change P00-0291 Conditions of Approval/Mitigation Measures Page 13 58. Outdoor Storage Areas: No lumber yards or outdoor storage or sales display areas shall be allowed on the entire 47 acre site. Gross Leasable area includes indoor and outdoor areas. 59. Design Theme: common architectural or design theme shall apply to the entire 47 acre site. 60. Gas Stations: Only one (1) gas station type use shall be allowed and said gas station shall be restricted to the western 15 acres of the 47 acre site. 61. Modifications: Site development standards contained herein and applicable to this property pursuant to Title 17 are relied upon to ensure the quality of development. However, if a variance or modification of standards is needed to achieve the appropriate development of this property consistent with the intent and purposes of the general plan, zoning ordinance and direction of this approval, the Board of Zoning Adjustment, upon application by the property owner pursuant to BMC Chapter 17.64, with public notice going to all property owners within 300 feet of the entire 47 acre project site, may grant modifications to the standards. S:\GPA 2nd Qt~ 2001\P00-0291\Exhibit B.wpd Riverwalk Commercial Center EXHIBIT C STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Bakersfield proposes to approve the Riverwalk Commercial Center project although unavoidable adverse short-term and long-term air quality impacts have been identified in the EIR. Even though these adverse impacts are not reduced to a level considered less than significant, the Bakersfield City Council finds that those impacts are outweighed by the benefits of the Riverwalk Commercial Center project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project: The following are the development objectives of the proposed project. Provide a large-scale retail project aleng Stockdale Highway and west of Old River Road/Calloway Drive that would provide a broad range of goods and services that serve the western metropolitan market area. Develop the project site with at least 300,000 square feet ff commercial retail uses that include shops and restaurants, a petential office building(s), and overnight lodging to support adjacent and nearbyuses. Develop the project site in acccrdance with the permitted uses under the Cityof Bakersfield C-2 zoning. 4. Maintain public access tothe Kern River Bike Trail. 5. Provide retail services that are n~t presently located in the Cityof Bakersfield. Design the project to compliment the existing high quality of architectural standards existing in the area. 7. Design the project to compliment the adjacent proposed City park and the Kern River. Therefore, the Bakersfield City Council, having reviewed and considered the information contained in the EIR and the public record, adopts the Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reachinga decision on this project.