HomeMy WebLinkAboutORD NO 4020ORDINANCE NO. 4 0 ~
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP
NOS. 102-31 AND 123-06) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM C-O TO C-2 ON 32.89 ACRES LOCATED
WEST OF CALLOWAY DRIVE, BETWEEN STOCKDALE
HIGHWAY AND THE KERN RIVER (FILE# ZC P00-0291).
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 for certain property in the City of
Bakersfield located west of Calloway Drive, between Stockdale Highway and the Kern River;
and
WHEREAS, by Resolution No. 79-01 on June 28, 2001, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve ZC P00-0291 as delineated on attached Zoning Map Nos. 102-31
and 123-06, marked Exhibit "A", 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 Environmental Impact Report
(EIR) and changes in zoning of the subject property from O-C to C-2 and the Council has
considered said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
an Environmental Impact Report, 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, 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 CEQA, 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 availability of the Final Environmental Impact Report was
advertised and posted in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows C-2 (Regional
Commercial) development; and
findings:
WHEREAS, the City Councii has considered and hereby makes the following
All above recitals are true and correct.
4.
5.
6.
10.
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).
The provisions of the California Environmental Quality Act have been
met.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General P~an.
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.
Based on the evidence in the record, as required by Section 21082.2 of
the State of California Public Resources Cede (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.
That infrastructure exists or can easily be provided to accommodate the
types and intensities of the proposed development.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. The above recitals and findings are true and correct and constitute the
Findings of the Council, incorporated herein.
2. 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 GPNZC 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 D.
3. The appeal by Ryan Oliver is hereby denied
4. 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 from C-O
(Professional and Administrative Office) to C-2 (Regional Commercial) of that certain property
in said City, the boundaries of which property is shown on Zoning Map Nos. 102-31 and 123-
06, marked Exhibit "A" attached hereto and made a part hereof, and are more specifically
described in attached Exhibit "B ".
5. That Zone Change No. P00-0291, as outlined above, is hereby subject to
the conditions of approval/mitigation measures as provided in Exhibit C.
6. 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.
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 September 5, 2001,
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAtN: COUNClLMEMBER
ABSENT: COUNClLMEMBER
3
APPROVED
CITY CLERK and Ex Officio Cl~¢k of the
Council of the City of Bakersfield/
SEP 5 ?.01]1
HA~'VI~y L."~A~'L -
MAYOR of the City of Bakersfield//
APPROVED as to form:
BART THILTGfi)N
City Attorney
By:,( ~ ~,
S:~GPA 2nd Qtr 2001\P00-0291\OZC-CC.P00-0291.wpd
CITY OF BAK[RSFIELO
ZONING MAP
SEC 31 T 29s
LEGEND
102 - 31
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C'O
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CiTY OF BAKERSFIELD
ZONING MAP ~23-o6
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LEGEND
EXHIBIT B
PROPOSED C-2 ZONE (FROM C-O)
ALL THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 10299 AS FILED IN PARCEL MAP
BOOK 48 AT PAGES 190 THROUGH 192 IN THE OFFICE OF THE KERN COUNTY
RECORDER, ALSO BEING A PORTION OF SECTION 6, TOWNSHIP 30 SOUTH, RANGE 27
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFRONIA, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SAID SECTION 6 WITH THE
WESTERLY RIGHT-OF-WAY OF CALLOWAY DRIVE, THENCE ALONG SAID WESTERLY
RIGHT-OF-WAY OF CALLOWAY DRIVE AND THE NORTHERLY RIGHT-OF-WAY OF
STOCKDALE HIGHWAY THE FOLLOWING TWELVE (12) COURSES:
1) S.13°31'23"E., 41.39 FEET; THENCE
2) S.09°37'39"E., 120.42 FEET; THENCE
3) S.14°23'28"E., 182.90 FEET; THENCE
4) S.30°14'44"W., 42.15 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 2940.00 FEET
AND TO WHICH BEGINNING A RADIAL LINE BEARS S.15°07'17"E.; THENCE
5) WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°39'27" AN ARC DISTANCE OF 33.73 FEET; THENCE
6) S.81°08'27'WV., 135.37 FEET; THENCE
7) S.75°37'55"W., 50.73 FEET; THENCE
8) S.69°09'19'WV., 180.27 FEET; THENCE
9) S.71°14'05'WV., 267.80 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE SOUTHEAST, HAVING A RADIUS OF 1160.00 FEET; THENCE
10) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24°29'30'' AN ARC DISTANCE OF 495.85 FEET; THENCE
11) S.46°44'36"W., 928.07 FEET TO THE BEGINNING OF A CURVE CONCAVE
TO THE NORTHWEST, HAVING A RADIUS OF 1945.00 FEET; THENCE
12) SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
27o47'26'' AN ARC DISTANCE OF 943.40 FEET; THENCE
DEPARTING SAID NORTHERLY RIGHT-OF-WAY OF STOCKDALE HIGHWAY, N.00°50'19"E.,
657.56 FEET; THENCE N.45°53'01"E., 461.66 FEET; THENCE N.05°59'02"W., 184.69 FEET TO
THE NORTH BOUNDARY OF SAID PARCEL MAP NO. 10299; THENCE ALONG SAID NORTH
BOUNDARY THE FOLLOWING SlX (6) COURSES:
1)
2)
3)
4)
5)
6)
S.84°06'30*E., 43.55 FEET; THENCE
N.84°00'58"E., 88.08 FEET; THENCE
N.01°48'23'WV., 104.66 FEET; THENCE
N.86°35'21"E., 841.66 FEET; THENCE
N.61°54'45"E., 1257.12 FEET TO THE NORTH LINE OF SAID SECTION 6;
THENCE
S.89°11'03"E. ALONG SAID NORTH LINE OF SECTION 6 A DISTANCE OF
96.68 FEET TO THE POINT OF BEGINNING
CONTAINING 33.11 ACRES
Q:\6806.29\LEGALS~C2ZON E.DOC~JFK~OCT. 19, 2000
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EXHIBIT C
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
Stockdale 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 C
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 north 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 center.
Exhibit C
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 centerline 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, two~ (2)
Exhibit C
Zone Change P00-0291
Conditions ofAppmval/Mitigation Measums
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:
A minimum of 5 bicycle racks shall be provided at convenient locations within the
project site primarily to accommodate the Kern River bike path.
17. Deceleration lanes shall be required for each entrance along Stockdale Highway.
18.
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.
19. Maximum Size of Tenant (Overall, 32 acre parcel, 15 acre parcel):
The size of all proposed buildings will not collectively exceed the
maximum cap of 500,000 square feet (Gross Leasable Area).
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.
Any Home Improvement Center type use shall not exceed 75,000 sq. ft.
in size.
Exhibit C
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-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.
25.
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.
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 issuance of
Exhibit C
Zone Change P00-0291
Conditions of Appmval/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. ^ 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 C
Zone Change P00-0291
Conditions of Appmval/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 off to
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 C
Zone Change P00-0291
Conditions of Appmval/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
Alien 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 C
Zone 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 all 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:
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 C
Zone Change P00-0291
Conditions of Approval/Mitigation Measures
Page10
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 C
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.
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.
48.
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.
49.
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.
50.
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.
51.
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 C
Zone 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 am to 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 C
Zone Change P00-0291
Conditions ofAppmval/Mitigation Measums
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:
A 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 Qtr 2001~P00-0291\Exhibit B.wpd
Riverwalk Commercial Center
EXHIBIT D
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 along 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 cf commercial retail uses
that include shops and restaurants, a pctential office building(s), and overnight
lodging to support adjacent and nearbyuses.
Develop the project site in accordance 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 nat presently located in the City of 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 Considemtims which has been
baianced against the unamidable adverse impacts in reachinga decision on tllis project.
AFFIDAVIT OF POSTING DOCUMENTS
Hall, a full, true and correct copy of the following: Ordinance No.
Bakersfield City Council at a meeting held on the 5th day of
entitled:
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 6th day of September, 2001 she posted on the Bulletin Board at City
4020 , passed by the
September 2001 and
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONE MAP NOS.
102.31 AND 123.06) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM C-0 TO C-2 ON
32.89 ACRES LOCATED WEST OF CALLOWAY DRIVE, BETWEEN
STOCKDALE HIGHWAY AND THE KERN RIVER (P00-0291).
/s/PAMELA A. McCARTHY
City__Clerk of the City of Bakersfield
DEPU'T'~ City Clerk {~'""~
S:\Docum ent\FO RMS~AOP.ORD.wpd
September 6, 2001