HomeMy WebLinkAboutRES NO 129-12RESOLUTION NO. 129- 1 2
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN FROM OC (OFFICE COMMERCIAL) TO GC
(GENERAL COMMERCIAL) ON 10.26 ACRES LOCATED AT THE
NORTHEAST CORNER OF ALLEN ROAD AND STOCKDALE
HIGHWAY, (GPA /ZC NO. 12- 0244).
WHEREAS, McIntosh & Associates for Amber Investments, LLC, filed an application with
the City of Bakersfield Planning Department requesting an amendment to the land use
designation of the Metropolitan Bakersfield General Plan from OC (Office Commercial) to
GC (General Commercial) on 10.26 acres located at the northeast corner of Allen Road
and Stockdale Highway (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on October 4, 2012, and
approved Resolution No. 29 -12, which recommended that the City Council adopt a
Negative Declaration and approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, November 14, 2012 at 5:15
p,m, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as
the time and place for a public hearing before the City Council to consider the proposed
Negative Declaration and approval of the amendment as required by Government Code
Section 65355, and notice of the public hearing was given in the manner provided in Title 17
of the Bakersfield Municipal Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the proposed negative declaration and amendment, including the
staff report, initial study, special studies, deliberation, and action by the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
The Planning Commission's findings as contained in its Resolution No. 29 -12 are
hereby adopted.
2. The Negative Declaration is hereby adopted.
3. The land use designation amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is hereby approved subject to the
mitigation measures /conditions of approval in Exhibit A and as shown on the
map in Exhibit B.
4. The Project approved herein is hereby made part of the 4th amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan for
calendar year 2012 in accordance with Government Code Section 65358 (b).
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on NOV 1 4 2012
by the following vote:
AYE COUNCILMEMBER SALAS BENHAM, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER — CXA&
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER LAJUI
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakerlield
MAYVK or Tne UTy or tSaKersrlela
APPROVED as to form:
VIRGINIA GENNARO
City Att ey
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures/Conditions of Approval
B General Plan Amendment Map
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Exhibit A
Mitigation Measures & Conditions of Approval
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Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment /Zone Change No. 12 -0244
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality and Greenhouse Gas Mitigation Measures
1. The proposed project will have air pollutant and greenhouse gas emissions associated with
the construction and use of the project site. Prior to grading plan approval, the
applicant /developer of the project site shall submit documentation to the Planning
Department that they will /have met all air quality control measures and rules required by the
San Joaquin Valley Air Pollution Control District.
Mitigation for Air Quality and Greenhouse Gas impacts.
2. Planned PM 10 Mitigation Measures: As the project will be completed in compliance with
SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance
specifically during grading and construction phases. The mitigation measures to be taken
are as follows:
a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from
the site or approaches 20% opacity.
b. Water all unpaved haul roads a minimum of three - times /day or whenever visible dust
from such roads is capable of drifting from the site or approaches 20% opacity.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. Install and maintain a track out control device that meets the specifications of SJVAPCD
Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per
day by vehicles with three or more axles.
e. Stabilize all disturbed areas, including storage piles, which are not being actively utilized
for production purposes using water, chemical stabilizers or by covering with a tarp or
other suitable cover.
f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover or effectively wet to limit visible dust emissions.
h. Limit and remove the accumulation of mud and /or dirt from adjacent public roadways at
the end of each workday. (Use of dry rotary brushes is prohibited except when preceded
or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
i. Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer /suppressants.
j. Remove visible track -out from the site at the end of each workday.
k. Cease grading or other activities that cause excessive (greater than 20% opacity) dust
formation during periods of high winds (greater than 20 mph over a one -hour period).
Mitigation for Air Quality and Greenhouse Gas impacts.
3. Measures to Reduce Equipment Exhaust: The GAMAQI guidance document lists the following
measures as approved and recommended for construction activities. These measures
should be required to ensure that the proposed project emissions are not exceeded:
a. Maintain all construction equipment as recommended by manufacturer manual -NKF9
b. Shut down equipment when not in use for extended periods.
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EXHIBIT A
Mitigation Measures L Conditions of Approval
GPA /ZC No. 12 -0244
c. Construction equipment shall operate no longer than eight (8) cumulative hours per day.
d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
e. Curtail use of high- emitting construction equipment during periods of high or excessive
ambient pollutant concentrations.
f. All construction vehicles shall be equipped with proper emissions control equipment and
kept in good and proper running order to substantially reduce NOx emissions.
g. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted
under manufacturer's guidelines.
h. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation
(EGR) if permitted under manufacturer's guidelines.
i. All construction workers shall be encouraged to shuttle (car -pool) to retail establishments
or to remain on -site during lunch breaks.
j. All construction activities within the project area shall be discontinued during the first
stage smog alerts.
k. Construction and grading activities shall not be allowed during first stage ozone alerts.
First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1 -hour
average).
Mitigation for Air Quality and Greenhouse Gas impacts.
Biological Impact Mitigation Measures
4. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act
(MBTA) of 1918 (16 U.S.C. 703 -711). Survey protocol shall be that recommended by the State
Department of Fish and Game. Developer shall be subject to the mitigation measures
recommended by the consultant. A copy of the survey shall be provided to the Planning
Department prior to ground disturbance.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703 -711). The MBTA makes it unlawful to
take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10,
including feathers or other parts, nests, eggs, or products, except as allowed by
implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California
Department of Fish and Game Code prohibit the take, possession, or destruction of birds,
their nests or eggs. To avoid violation of the take provisions of these laws generally requires
that project - related disturbance at active nesting territories be reduced or eliminated during
critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes
nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or
young) may be considered "taking" and is potentially punishable by fines and /or
imprisonment.
Mitigation for biological impacts.
5. Prior to ground disturbance, the developer shall have a qualified consultant survey the
location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat
Conservation Plan. Survey protocol shall be that recommended by the State Departm�O 019,,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0244
Fish and Game. Developer shall be subject to the mitigation measures recommended by
the consultant. A copy of the survey shall be provided to the Planning Department prior to
ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban development
permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration
date under the current MBHCP. As determined by the City of Bakersfield, only projects ready
to be issued an urban development permit, grading plan approval or building permit) before
the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment
or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban
development permits is governed by the terms of the MBHCP. Urban development permits
issued after the 2014 expiration date may be subject to a new or revised Habitat
Conservation Plan, if approved, or be required to comply directly with requests of the U.S.
Fish and Wildlife Agency and the California Fish and Game Department.
Mitigation for biological impacts.
Cultural Imcact Mitigation Measures
6. If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the California Health and
Safety Code and Section 5097.98 of the California Public Resource Code which details the
appropriate actions necessary for addressing the remains) and the local Native American
community shall be notified immediately.
Mitigation for cultural impacts.
7. Prior to ground- disturbance activities associated with this project, personnel associates with
the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may
be encountered during site preparation activities, how to identify those resources in the field,
and of the regulatory protections afforded to those resources. The personnel shall be
informed of procedures relating to the discovery of archaeological remains during grading
activities and cautioned to avoid archaeological finds with equipment and not collect
artifacts. The applicant /developer of the project site shall submit documentation to the
Planning Department that they have met this requirement prior to commencement of
ground- disturbance activities. This documentation should include information on the dates)
of training activities, the individual(s) that conducted the training, a description of the
training, and a list of names of those who were trained. Should cultural remains be
uncovered, the on -site supervisor shall immediately notify a qualified archaeologist.
Mitigation for cultural impacts.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0244
CONDITIONS OF APPROVAL:
Public Works
8. Along with the submittal of any development plan, prior to approval of improvement plans,
or with the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Allen Road and Stockdale Highway to arterial
standards for the full frontage of the area within the GPA request, as necessary.
Dedications shall include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a current title report with
the dedication documents. If a tentative subdivision map over the entire GPA /ZC area is
submitted, dedication can be provided with the map.
b. This GPA /ZC area is too small to support its own storm drainage sump. The City will allow
no more than one sump per 80 acres; therefore, this GPA /ZC area must be included
within the drainage area of adjoining property. Submit a revision to the comprehensive
drainage study of the entire drainage area, to be reviewed and approved by the City
Engineer. The developer shall be responsible for the construction of or modifications to
any additional improvements required by the revised drainage study.
c. Sewer service must be provided to the GPA /ZC area. Submit verification to the City
Engineer of the existing sewer system's capability to accept the additional flows to be
generated through development under the new land use and zoning.
d. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPA /ZC area. This includes the construction of any and all
boundary streets to the centerline of the street, unless otherwise specified. The developer
is also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction of all
infrastructure will be addressed at the subdivision map stage.
For orderly development.
9. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District, as necessary. The applicant shall pay all fees for
inclusion in the Consolidated Maintenance District with submittal of any development plan,
tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any
portion of this GPA area.
For orderly development.
10. Payment of the proportionate share of the cost of the median for the arterial frontage, if
necessary, of the property within the GPA /ZC request is required prior to recordation of any
map or approval of any improvement plan for the GPA /ZC area.
For orderly development.
11. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the RTIF program by paying the adopted commercial and
residential unit fees in place for the various land use types at time of development.
Mitigation for Traffic Impacts. o``�AKF9s
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0244
Planning
12. Parking lot security lighting shall be provided by no more than 40,000 lumen lamp poles,
except that within back of buildings the lighting shall be limited to 22,000 lumen lamp poles,
which shall be limited in height to 20 feet.
For orderly development.
13. Mature and dense trees shall be installed all along Stockdale Highway and Allen Road.
Mature and dense shall mean not less than 15 thirty -six inch (36 ") box trees and 16 twenty -
four inch (24 ") box trees. A minimum of 50% of trees must be evergreen (non- deciduous).
For orderly development.
14. Developer shall construct meandering sidewalks with berming (not to exceed 4' in height)
along Stockdale Highway and Allen Road.
For orderly development.
15. Buildings shall be set back from the property line a minimum of 25 feet from Stockdale
Highway and Allen Road.
For orderly development.
16. Buildings are encouraged to be oriented towards Stockdale Highway and Allen Road with
parking oriented north of the buildings along Stockdale Highway and east of the buildings
along Allen Road. This concept is a guideline, parking may be allowed between buildings
and as needed to accommodate specific site design criteria.
For orderly development.
17. Building heights and setbacks shall be in accordance with ordinance, except buildings
located within 100 feet of residences shall not exceed a maximum height of 35 feet or 2
stories. Building height shall be identified on the Site Plan and any other plans submitted to
the City of Bakersfield.
For orderly development.
18. A comprehensive sign plan shall be required to be approved by the City Planning
Commission prior to building permits being issued, and shall be complementary to signage at
both The Crossings shopping center and the Brighton Community. All freestanding signs
proposed for the project shall be monument signs only, spaced along Stockdale Highway
and Allen Road frontage.
For orderly development.
19. Corner monumentation for the intersection at Stockdale Highway and Allen Road shall be
submitted to and approved by the Planning Director to ensure screening of the corner
commercial development.
For orderly development.
20. A common architectural or design theme shall apply to the entire site. Exterior walls of
buildings shall be of masonry, concrete, glass, stucco, and /or drivitt constru�tmRn,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0244
incorporating a mixture of at least two (2) exterior materials, utilizing enriched textures, and
employing an overall color scheme. At least one of the exterior materials shall be brick
construction. Building exteriors shall incorporate adequate usage of exterior glass, provided,
however, that approximately one -half (1 /2) of the building exterior shall be constructed of
the non -glass materials as specified herein.
For orderly development.
City Attorney
21. In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the
applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners and boards ( "City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against them, or any of
them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA
approval or any related development approvals or conditions whether imposed by the
City, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling
under this condition within thirty (30) days of actually receiving such claim. The City, in its
sole discretion, shall be allowed to choose the attorney or outside law firm to defend the
City at the sole cost and expense of the Applicant and the City is not obligated to use
any law firm or attorney chosen by another entity or party.
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Exhibit B
General Plan Amendment Location Map
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