Loading...
HomeMy WebLinkAboutRES NO 141-02RESOLUTION NO. '~' z~ ~. ' 0 ~ A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 02-0218 OF PROPOSED AMENDMENT TO THE LAND USE 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 MONDAY, June 17, 2002, and THURSDAY, June 20, 2002, on GPA 02-0218 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the B kersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 02-0218, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: Jim Trigueiro has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LMR (Low Medium Density Residential) to GC (General Commercial) on 2.3 acres; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on May 31, 2002, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 61-02 on June 20, 2002, the Planning Commission recommended approval and adoption of Case No. GPA 02-0218, as shown in Exhibit "1", 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 21, 2002, on the above described Case No. GPA 02-0218 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the headng 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, the Council has considered and hereby makes the following findings: All required public notices have been provided. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711.4 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. The Negative Declaration is hereby adopted for GPA 02-0218. 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. The City Council hereby approves and adopts Case No. GPA 02-0218 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "1', and subject to Conditions of Approval as provided in Exhibit "2", attached hereto and incorporated as though fully set forth, for property located west of Union Avenue and south of W. Columbus Street, at the western end of W. Jeffery Street. That Case No. GPA 02-0218, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. 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. 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 21, 2002, by the following vote: ~ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER. CITY CLERK Ex Officio Cle~,~ of the Council of the City of Bakersfield -- HARVEY L. HAL'L MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney BY: S:~GPA 2nd Qtr 2002~02-0218~RGPA. CC 02-0218.wpd UNION EXHIBIT I ITl Z ITl EXHIBIT 2 Conditions of Approval General Plan Amendment/Zone Change 02-0218 Planned Commercial Development Public 1. Works Department: Access to the site is proposed from Jeffrey Street. Jeffrey Street west of Union Avenue is not a public street. Prior to issuance of any building permit, the developer shall provide evidence that legal public access is available on the portion of Jeffrey Street outside the limits of this project. Prior to issuance of any building permits, the developer shall provide legal emergency secondary access to the site as approved by the Fire Department and City Engineer. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. The study shall be approved and any required retention site and necessary easements dedicated to the City. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this general plan amendment and zone change shall be included in the Consolidated Maintenance District. 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 the general plan amendment and zone change area. As approved by the City Engineer, the area of the emergency fire access shall be paved. Regional transportation impact fees per established fee schedule shall apply. 8. Conditions of Site Plan Review shall apply. Plann~: The applicant's rights granted by this approval are subject to the following provisions: · The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. · All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. · The Planning Commission may initiate revocation of the rights granted if there is Exhibit 2 GPA/'ZC No. 02-0218 Page 2 cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the dghts granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The Planning Commission may also consider under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. · Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. 10. The hours of operation for the mini-storage facility and office shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m. 11. The mini-storage facility, office, and residence shall not exceed a height of one story and shall be developed and painted in compliance with the earth tone color renderings as submitted for the proposal. 12. The color of all roofs on the project site shall be of a neutral, non-reflective, light earth tone color. 13. All air conditioning units shall be mounted at ground level. 14. 15. A lighting plan showing the location of all proposed lighting within the mini-storage facility shall be submitted to the Planning Department prior to approval of the final development plans for this site. All lighting shall be adequately shielded so that all direct rays are confined to the site. All light poles shall not exceed a height of 7'-6". The monument sign proposed at the entrance of the mini-storage facility shall meet all of the requirements of the Sign Ordinance (Chapter 17.60). No pylon signs shall be permitted on the project site. 16. Outdoor, exterior audio equipment shall not be permitted. 17. All landscape maintenance shall be the responsibility of the property owner. 18. The entrance to the mini-storage facility on W. Jeffrey Street shall maintain a minimum 30' radius turn around. 19. No auctions or any type of property sales shall be permitted on the project site. 20. If needed, an adequate retaining wall for slope stability shall be installed along the eastern boundary of the project site. The necessity and adequacy of the retaining wall shall be determined and approved by the City of Bakersfield Building Department. Exhibit 2 GPA/ZC No. 02-0218 Page 3 SITE PLAN COMPLIANCE LIST The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are comments that will help you in complying with the City's development standards. The item will note when it is to be completed and each has been grouped by department so that you know who to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. The applicant shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that are within 20' of property lines if it is commercial, or 5' of property lines if it is residential. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the State Building Code. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60). The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 3673) DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 66tl326- The minimum parking required for this project has been computed based on use and shall be as follows: Square Parking Required Use Footae~e Ratio Parkina Residence 2 space/per unit 2 spaces Office 2,492 sq. ft. 1 space/300 sq. ft. 9 spaces RV parking N/A 29 soaces Total Required Exhibit 2 GPA/ZC No. 02-0218 Page 4 (Note: 10 passenger cars, I H.C. Parking, and 29 paved RV parking spaces are shown on the proposed site plan) Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent residential properties and streets. Use of glare shields or baffles shall be required for glare reduction or control of back light. All light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 7'-6" above grade. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Addressing for the project shall be designated as shown by staff on the returned site plan. These address numbers will be the only addresses assigned by the city unless you wish to have a different address program. Internal unit addresses will be only by suite number and will be the responsibility of the owner or developer to assign to each tenant. (It is recommended that you assign suite numbers beginning with 100, 200, 300, etc. instead of an alphabetic character. If in the future a tenant space is split, you would then be able to assign a number between these numbers which would keep your suites addressed in numerical order. Keeping an orderly numbering system will make it easier for customers, emergency personnel, mail delivery to find the business.) Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. The 3.89 acre site does not have frontage on a public street. The applicant shall file with the Planning Division before any building permits are issued a copy of a recorded map or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) shall be completely screened by parapets or other finished architectural features constructed to a height of the highest equipment, unfinished structural element or unfinished architectural feature of the building. ~ Exhibit 2 GPAJZC No. 024)218 Page 5 10. 11. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: A taller fence is allowed in commercial and industrial zones. A building permit is only required for fences and walls over 6 feet in height.) Areas used for outside storage (does not include vehicle parking areas which are required to be paved), shall be treated with a permanent dust binder or other permanent dust control measures consistent with air pollution control regulations. The placement of landscaping may be limited to the areas shown on the approved PCD/Zone Change site plan. The landscape plantings and plant schedule shall comply with the standards in the landscape ordinance (see 17.61 of the zoning ordinance). In addition to the revised landscape plan stapled to the construction drawings. A landscape plan shall be submitted to the Planning Department. C. FIRE DEPARTMENT (staff contact - Dave Weirather 66t/326-3706) 1. Show on the final building plans the following items: All fire lanes as indicated on the returned plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. d. Name and phone number of the appropriate contact person. The applicant shall show on the final building plans a 20' wide all-weather emergency access as indicated by staff on the returned site plan. The Fire Department must approve the final location and design of this access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. All access (permanent and temporary) to and around any building un~ Exhibit 2 GPA/ZC No. 02-0218 Page 6 construction must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent water ponding. Barricades must be in place where ditches and barriers exist in or cross roadways. Emergency vehicle access must always be reliable. If you handle hazardous materials or hazardous waste on the site, the Environmental Services Division may require a hazardous material management plan before you can begin operations. Please contact them at 661/326-3979 for further information. If you treat hazardous waste on the site, the Environmental Services Division may require a hazardous waste "Tiered" permit before you can begin operations. Please contact them at 661/326-3979 for further information. If you store hazardous materials on the site in either an underground or a permanent aboveground storage tank, a permit from the Environmental Services Division is required to install and operate these tanks. The Environmental Services Division may also require a Spill Prevention Control and Countermeasure Plan before you can begin operations. Please contact them at 6611326-3979 for further information. 3576) PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326- The applicant shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and Building Division. You must obtain a street permit from the Public Works Department before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a build ng permit is issued. ~.~,~ Exhibit 2 GPA/ZC No. 02-0218 Page 7 6. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-DWQ) must be flied with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carded out, and always be available for public inspection during normal construction hours. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued. This fee will be based at the rate in effect at the time the permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. if the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. The developer shall form a maintenance district for maintaining the landscaped median island within Union Avenue. E. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 6611326-3114) You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and/or recycled materials. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- yards/day · Roil-off compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic More than 12 cubic yards/day Show on the final building plans 1 (one), 8' x 10' inside dimension refuse bin enclosure designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed,1 (one), 3 cubic yard front loading type refuse bin shall be placed within the required enclosure. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final__~M~:J~°*~ Exhibit 2 GPA/ZC No. 02-0218 Page 8 plans. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on the final building plans.