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)