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
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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.