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HomeMy WebLinkAboutRES NO 140-02RESOLUTION NO. I 4 0 ' 0 2 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 02-0283 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 General Plan Amendment 02-0283 of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general cimulation; and WHEREAS, such General Plan Amendment 02-0283 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment 02-0283 Careage Development Co. ,LLC, is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing the land use designation from LR (Low Density Residential) to LMR (Low Medium Density Residential) on a 20.30 acre site at 350 Calloway Drive - generally located along the east side of Calloway Drive and north of the Cross Valley Canal; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 69-02 on June 20, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment 02-0283 subject to conditions, mitigation measures listed 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 previsions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, AUGUST 21,2002 on the above described of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and oRiGINAL WHEREAS, the Council has considered and hereby makes the following findings: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The proposed project will not have a significant effect on the environment. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of 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 of the Sate of California 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, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment 02-0283 is hereby approved and adopted. 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. OR~(~iNA The City Council hereby approves and adopts General Plan Amendment 02-0283 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 "2", attached hereto and incorporated as though fully set forth, for property at 350 Calloway Drive - generally located along the east side of Calloway Drive and north of the Cross Valley Canal, subject to mitigation/conditions of approval shown on Exhibit "1 ". That General Plan Amendment 02-0283, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... O00 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council/~h2elCi~f Bakersfield at a regular meeting thereof held on , by the following vote: ~ COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO CITY CLERK and Ex ~ff-iao- Cl~'~ of the Council of the City of Bakersfie~l/ APPROVED AUG 21 ZOOZ HARVEY L. HALL / MAYOR of the City of Baker~eld APPROVED AS TO FORM: BART J. THILTGEN City Attorney 3 ORIGINAL EXHIBIT "1" MITIGATION MEASURES/CONDITIONS GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0283 ~ment Dust suppression measures listed as Regulation Viii are required for all construction in the City of Bakersfield and are regarded by the San Joaquin Valley Unified Air Pollution Control District as sufficient mitigation to reduce PM- 10 impacts to less than a significant level. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. Public Works Deoartment Abandon the golf cart tunnel under Calloway Drive. Careage Development Co. shall make arrangements to properly abandon the tunnel prior to the issuance of the first Certificate of Occupancy in association with this GPNZC, either through physically abandoning the tunnel or through entering into an agreement with the City of Bakersfield and posting approved security for the tunnel abandonment. ORiGiNAl- EXHIBIT "1" GPA/ZC 02-0283 SITE PLAN REVIEW (REVISED PUD ZC # 02-0108 GLENWOOD GARDENS) CONDITIONS OF APPROVAL SECTION I. DISCRETIONARY CONDITIONS: Public Works: NOTE: Public Works Discretionary Conditions listed under Section I, Condition Numbers 1 through 4 were satisfied with construction of Phase 1. Prior to subdivision of or development on the site, 1.1 explain what is to become of the gap between the north property line of the Cross Valley Canal and the south property line of the site as shown on the site plan. 1.2 submit to the City Engineer for his review and approval a comprehensive drainage and grading plan with soil report. The soil report is to include R-values for use in determining paving sections and percolation tests for retention basin sites. 1.3 provide verification the retention basin adjacent to the canal will not affect canal operations or integrity. 1.4 a mechanism shall be provided outlining responsibility, standards, and frequency of maintenance of interim or non-publicly maintained drainage facilities. 1.5 submit to the Public Works Department and to the Building Department for their review and approval a comprehensive plan for providing sewer service to each proposed use or parcel. Include pipe sizes and slopes. 1.6 pay the proportionate share of landscaped median costs (currently $30 L. F. for ½ median on Calloway Drive) from the midsection line southerly to the Cross Valley Canal. 1.7 improvement plans for street improvements and publicly maintained sewer & drainage facilities shall be submitted to and approved by the City Engineer prior to issuance of any building permits. 2 On Calloway Drive, 2.1 as shown on the plan, the main entrance into the site shall align with the street entrance into Tract 5836 on the west side of Calloway Drive. 2.2 dedicate and construct a northbound right turn deceleration lane at the main entry into the development. 2.3 construct curb & gutter, street paving, and sidewalk to arterial standards from the midsection line southerly to the Cross Valley Canal. 2.4 install and energize street lights as required by the City Engineer. Dedicate off-site electrical easements to the City if needed to supply power to the lights. 2.5 provide a mechanism for payment of 50% of the maintenance costs for the traffic signal at the main entrance into the facility. 2.6 the block wall shown shall be outside public right of way and the wall and associated landscaping shall be maintained by the property owner or association mentioned above. 3 Because the proposed development consists of private, non-dedicated, non-publicly maintained streets, all sewer lines and appurtenances, drainage basins, and storm drainage systems serving the development shall be maintained by a) the property owner if the site remains as one owner/one parcel; or b) in the event of subdivision of the property, by the entity (such as a property owner's association) established for the use and maintenance of the non~,~ improvements. ,,~ -~ Exhibit "1" Conditions GPA/ZC 02-0283 Page 2 4 Prior to review of improvement plans by the city, or with submittal of final development plans, whichever occurs first, the developer shall submit to the City Engineer for review and approval, a letter signed and stamped by a licensed Geotechnical Engineer, that the construction of a sump adjacent to the Cross Valley Canal will not adversely affect the canal lining or the operation of the canal. Planninq: The applicant shall provide a bus shelter on Calloway Drive with pedestrian access to it and the shelter design meeting ADA regulations and GET design standards. The bus shelter shall be located as approved by the City Engineer. Condition satisfied with construction of Phase 1. The applicant shall notify the State Dept or Oil and Gas (DOG) if excavation or grading operations uncover a previously unknown well, in which case DOG may require the applicant to make remedial operations. Prior to issuance of a building permit, applicant shall install a 6 foot high fence or equivalent along the north boundary of the Cross Valley Canal. Condition satisfied with construction of Phase 1. The landscape plan shall be revised to allow a landscape width of less than 10 feet behind sidewalk immediately adjacent the sump on Calloway Dr. The width of the landscape area between the back of sidewalk and block wall shall be the maximum allowable based upon physical requirements for placement of the wall. The placement of the wall will be in a location so as not to interfere with clear sight line or utilities and be approved by the City Engineer. A retaining wall is not necessary. The landscape plan shall be approved by the Planning Director. The portion of this condition stated above was satisfied with construction of Phase 1. All other landscaping shall comply with BMC Section 17.61. (Also, see below, Section Ill. Site Plan Review Conditions, under Planning) Final landscape plans shall demonstrate compliance with parking area shading criteria referenced in BMC Section 17.61. The amphitheater shall be subject to Bakersfield Municipal Code Chapter 9.24 regarding amplified sound. The first phase of the development shall include all public street improvements, perimeter landscaping, all canal fencing, adequate parking as determined by ordinance, landscaping in the constructed parking lots, adequate internal street circulation, secondary access, and other improvements as deemed necessary by the Planning Director. Condition satisfied for existing buildings. Also see below, Section III. Site Plan Conditions, under Fire Department regarding Fire Lanes or new structures.) ~ Exhibit "1" Conditions GPAJZC O2-O283 Page 3 11. Prior to or concurrently with approval of the final development plan, applicant shall have submitted an application for a revised parcel map or other subdivision (acceptable to the Planning Director) that corresponds with and does not conflict with the approved PUD plans for P98-0331. Condition satisfied with Phase I and recordation of Parcel Map 10406. 12. A combined total of five (5) dwelling units of single family dwelling or duplex dwelling units (one- story structures) is approved. Applicant shall select from the site plan attached as Exhibit "3" to determine which structures to construct for a total of 5 dwelling units. Selected structures shall be shown on the final development plan and approved by the Planning Director prior to issuance of a building permit. 13. Dwelling units shall have a minimum 10-foot setback from all property lines. Section II. MITIGATION MEASURES: The applicant has decided to utilize the new Regional Transportation Impact Fees (RTIF) to provide traffic mitigation for the proposed project. This project shall be subject to the regional and local traffic mitigation fees schedule which went into effect February 10, 1997. If that fee is subsequently increased, then the required payment will be based upon those fees in effect at the time of issuance of the building permit. (Mitigation) If during construction activities or ground disturbance cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. (Mitigation) Prior to issuance of a building permit for the proposed PUD project or recordation of a final subdivision map, whichever occurs first, the developer shall submit written proof from North Bakersfield Recreation and Park District of compliance with District Resolution 29-95. The written documentation shall be submitted to the Planning Director. (Mitigation) Condition satisfied with construction of Phase 1. SITE PLAN REVIEW CONDITIONS: The following are specific items that the Site Plan Review Committee has noted that you need to resolve before you can obtain a bulTding 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. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) 1. The applicant shall submit 4 copies of revised grading plans and 2 copie~rofthe ,~ Exhibit "1" Conditions GPA/ZC 02-0283 Page 4 preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before foundation inspection. 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. Before the Building Division can allow occupancy of this multiple-family residential complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and/or building, and building/unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. 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. B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673) The development shall provide approximately 343 parking spaces, but shall not have less than 248 parking spaces. The Planning Director may allow slight change to the number of parking spaces based on changes due to conditions to be shown on the final development plan, but the minimum number of parking spaces shall be 248 spaces. The minimum number of parking spaces required by ordinance for this project has been computed based on use and shall be as follows: OR~ Exhibit "1" Conditions GPA/ZC 02-0283 Page 5 Use PUD 98-0331 (Year 1998) Independent Living Assisted Living Nursing Facility PUD 02-0108 (Year 2002) Cottages Offices Independent Living Assisted Living Nursing facility PUD 02-0283 (Year 2002) Cottages Size/No. 143 unit 119 units 120 beds 5 units 1996 sq. ft. 1731 sq. ft 2000 sq ft (assumed) 14 units Parking Parking Ratio Required 1 space/2 units 1 space/2 units 3/4 space/beds Subtotal Parking 72 Spaces 60 Spaces 90 Spaces 222 Spaces 1 space/2 units 3 Spaces 1 space/250 sq. ft 8 Spaces 1 space/250 sq. ft 7 Spaces 1 space/250 sq. ft 8 Spaces Subtotal Parking 26 Spaces 1 space/2 units 7 Spaces Subtotal Parking 7 Spaces Total Parking Required by Ordinance 255 Spacec (Note: a) There are 343 parking spaces are shown on the proposed site plan.) The applicant shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. In addition, one (1) copy of the landscape plan shall also be submitted to the Planning Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the attached standards - Chapter 17.61 ). Approved landscaping, parking, lighting, and other related site improvements shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with the staff contact noted above. (NOTE: Plants must match the species identified and be installed in the locations consistent with the approved landscape plan. Otherwise, changes made without prior approval of the Planning staff may result in the removal and/or relocation of installed plant materials and delays in obtaining building occupancy.) 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 may 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 40' 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. Exhibit "1" Conditions GPA/ZC 02-0283 Page 6 5. 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 A9reement (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 9ross 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. A Park Development and Improvement 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 the permit is issued. The current fee is $635 for each independent residential unit. 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. C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706) 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. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are approved by the Fire Department. Please provide 2 sets of the engineered water plans to Dave Weirather. (Note: All new fire hydrants must be purchased from the Fire Department.) 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. Name and phone number of the appropriate contact person. ~ Exhibit "1" Conditions GPA/ZC 02-0283 Page 7 2. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951 ) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. The applicant shall show on the final building plans a 20' wide all-weather emergency access as may be required. 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 under 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. D. PUBLIC WORKS - ENGINEERING (staff contact-Janice Horcasitas 661/326-3576) 1. Show on the final building plans all existing connection(s) to the public sewer system. All driveways, vehicular access and parking areas shall be paved with a minimum of 2" Type B, A.C. over 3" Class Il 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. A revised grading plan is required by the Building Division. Building permits will not be issued until the revised grading plan is approved by both the Public Works Department and Building Division. Before you can occupy any building or site, you must reconstruct or repair substandard off-site improvements to adopted city standards as directed by the City Engineer. Please call the construction superintendent at 661/326-3049 to schedule a site inspection to find out what improvements may be required. 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 building permit is issued. 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 filed 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 carried out, and always be available for public inspection during~,.~)~m~al .~ ' -.~d~ rn Exhibit "1" Conditions GPA/ZC 02-0283 Page 8 construction hours. 8. 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. PUBLIC WORKS - SOLID WASTE (staff contact - John Wiiburn 661/326-3114) 1. 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 -- I cubic yard/week or less · Front loader bin service -- 1 cubic yard/week - 12 cubic yards/day Roll-off compactor service -- More than 12 cubic yards/day 2. 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. 3. 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 building plans. 4. 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. p:lo2-o2831Site Plan Cond. wpd (May22, 2002)