HomeMy WebLinkAboutRES NO 035-03RESOLUTION NO. 0 35 ' 0 3
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT CASE NO. 02-0961 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN.
(Ward 2).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearings on MONDAY, December
16, 2002, and January 13, 2003, and THURSDAY, December 19, 2002, and January 16, 2003, on the
General Plan Amendment Case No. 02-0961 of a proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 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 circulation; and
WHEREAS, such General Plan Amendment No. 02-0961 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. 02-0961:
Bakersfield Redevelopment Agency applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan cons[sting of changes to the Land Use
Designation from MUC (Mixed Use Commercial) to LMR (Low Medium Density
Residential) on 8 acres, located at the northeast corner of 21 st Street and R Street;
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. 15-03 on January 16, 2003, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 02-0961 subject to conditions
and mitigation listed in Exhibit "A" 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,
February 12, 2003, on the above described General Plan Amendment No. 02-0961 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 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
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
2. The Negative Declaration for General Plan Amendment No. 02~0961 is hereby
recommended for approval.
3. The General Plan Amendment 02-0961 is hereby approved to LMR (Low Medium
Density Residential) on 8 acres as requested by the applicant and recommended by
staff, with mitigation measures adopted in the Negative Declaration and conditions of
approval for the project.
2. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
3. As to General Plan Amendment 02-0961 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from MUC (Mixed Use Commercial) to LMR (Low Medium
Density Residential) on 8 acres, as requested by the applicant and shown on
attached map in Exhibit "B", located at the northeast corner of 21st Street and R
Street, the Planning Commission hereby recommends adoption of such Land Use
Element Amendment of the Metropolitan Bakersfield General Plan, subject to
mitigation and conditions of approval shown on Exhibit "A", and recommend same to
City Council.
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 No. 02-0961 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.
The City Council hereby approves and adopts General Plan Amendment No. 02-
0961 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked Exhibit
"B", attached hereto and incorporated as though fully set forth, for properly generally
located at the northeast corner of 21sT Street and R Street subject to conditions of
approval shown on Exhibit "A".
That Case No. 02-0961, approved herein, be combined with other approved cases
described in separate resolutions, to form a single Amendment to the Metropolitan
Bakersfield General Plan.
That this resolution shall not become effective until February 26, 2003, at such time
as other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
......... 000 ........
passed a d~op. te.d~.b.y the
I HEREBY CERTIFY that the foregoing Resolution was r~
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Council of the City of Bakersfield at a regular meeting thereof held on
by
the following vote:
AYES: COUNClLMEMBER COU..CH, C~ARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CMO /"
CITY CLERK and Ex Officio Clerk(Of the
Council of the City of Bakersfield
APPROVED FEB 2 6 200.t
HARVEY L.~HALL
MAYOR of the City of Bakersfield
APPROVED as ~o form:
BART THILTG~N
City Attorney
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EXHIBIT A
CONDITIONS OF APPROVAL
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 02-0961
Cultural Resources;
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. 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. (Mitigation Measure).
Public Works:
2. A drainage study has been approved for the K. C. S. S. Foundry site (LLA P99-0752). Construct
facilities in accordance with the study to handle runoff from the site, or provide an alternate
drainage study to be approved by the City Engineer prior to approval of any site plan, submittal
of a subdivision map, or application for a parcel merger, lot line adjustment, or parcel map
waiver. (Public Works Condition).
3. If the private streets are to be dedicated to and accepted by the City
3.1 and if the existing storm drain system is to remain in place, then a storm drain easement
over the existing line shall be dedicated to the City. Minimum width and location of the
easement shall be in accordance with the engineering and Subdivision Design Manual.
The easement shall not be split by lot or parcel lines. Modify the site development plan
to show conformance to the Manual requirements.
3.2 City will maintain existing sewer mains, except that City will not maintain any sewer lift
station, force main, or appurtenant facilities.
3.3 provide as-built drawings of the existing improvements signed and sealed by a
registered civil engineer showing they are built to City ordinances and standards and in
accordance with approved plans.
(Public Works Condition).
4. Remove the existing part circle culvert crossing R Street at 21st Street, and construct catch
basins and storm drain lines as shown on the approved plans for the K. C. S. S. Foundry site.
(Public Works Condition).
5. On 21st Street,
5.1
5.2
remove existing curb & gutter and drive approaches on 21st Street.
replace with standard curb & gutter with minimum 5.5' wide combination sidewalk.
Improvements shall be constructed to the east side of the canal to tie into existing
Exhibit A
Conditions of Approval
GPA/ZC 02-0961
Page 2 of 6
improvements. The sidewalk widths shall maintain a minimum four feet (4') clearance
around all obstructions,
9.
10.
11.
5.3 remove and reconstruct substandard paving as directed by the City Engineer.
(Public Works Condition).
Install City standard street lights on 21st Street and R Street as directed by the City Engineer.
(Public Works Condition).
Prior to site plan approval, provide a grading plan to be reviewed and approved by the City
Engineer along with a preliminary soil report and engineering calculations to justify the paving
sections proposed. (Public Works Condition).
All public improvements are to be completed by the applicant/developer/subdivider and
accepted by the City prior to occupancy of any structure. (Public Works Condition).
The applicant/developer/subdivider shall clearly show the building "envelop" area in order to
identify the extent of building coverage on each lot. (Planning Condition).
The accessory building coverage on each lot shall be limited per the R-1 zone requirements.
(Planning Condition).
The construction of the site shall be substantially similar to the site plan as approved by the City
Council for Zone Change 02-0961. (Planning Condition).
SITE PLAN REVIEW / ORDINANCE REQUIREMENTS
The Site Plan Review approval and compliance conditions are based on the plans submitted with
the application. Any e~Tors or omissions on the plans submitted could alter these conditions or void this
approval.
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Bums 661/326-3718)
The applicant shall submit four (4) copies of grading plans and two (2) copies of the
preliminary soils report to the Building Division. You must submit a final soils report
to the Building Division prior to issuance of 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 twenty feet (20) of
property lines if it is commercial, or five feet (5) of property lines if it is residential.
3. Include with or show on the final building plans information necessary to verify that
Exhibit A
Conditions of Approval
GPA/ZC 02-0961
Page 3 of 6
the project complies with all disability requirements of Title 24 of the State Building
Code.
The Building Division will calculate and collect the appropriate school district impact
fee at the time of issuance of a building permit.
DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
The minimum parking required for this project has been computed based on use and
shall be as follows:
Square Parking Required
Us~e Footage Ratio Parking
Single Family Dwelling 74 Units 2 spaces/unit 148 spaces
(Note' Er cji sillgle familv lot shall hal'e a minimum of 2 (two) parking xpaces. 178 parking spaces are
show~ on the propo,sed site plato)
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.
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.
C. FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. Show on the final building plans the following items:
All private interior streets shall have fire lanes on both sides of the streets as
indicated on the returned site plan, 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.
Exhibit A
Conditions of Approval
GPA/ZC 02-0961
Page 4 of 6
Do
b. Project address, including suite number if applicable.
c. Name and phone number of the appropriate contact person.
All access (permanent and temporary) to and around any building under construction
must be at least twenty feet (20') 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.
PUBL1CWORKS-ENG1NEERING (staffcontact-JaniceHorcasitas 661/326-3576)
The applicant shall construct curbs, gutters, five and one-half feet (5.5') wide
sidewalks, and street paving along 21st Street extending to the east bank of the Kern
Island Canal according to adopted city standards. These improvements shall be
shown on the final building plans submitted to the Building Division before any
building permits will be issued. In addition, the applicant must comply with Title 17,
Chapter 17.08.080 site plan review conditions and show all existing and proposed
improvements (utilities, drive approaches, etc.) within the project area on the final site
plan.
The applicant shall provide a commercial drive approach with a security gate along
21s~ Street for access to the Kern Island Canal.
The applicant shall provide a storm drain easement for the existing storm drain
pipeline to the Kern Island Canal, per City standards, with the required easement
situated entirely on one lot.
The applicant shall comply with all drainage requirements of the "Master Drainage
Study for the Foundry Site (LLA P99-0752)", dated January 20, 2000.
The applicant shall install four (4) street lights; two (2) along 21st Street, and two (2)
along R Street as shown by staff on the returned site plan. The applicant shall be
responsible for providing the labor and materials necessary to energize all newly
installcd street lights before occupancy of the building or site. These improvements
shall be shown on the final building plans submitted to the Building Division before
any building permits will be issued.
The applicant shall construct standard handicap ramps at any and all comers and drive
approaches according to adopted city standards. These improvements shall be shown
Exhibit A
Conditions of Approval
GPA/ZC 02-0961
Page 5 of 6
on the final building plans submitted to the Building Division before any building
permits will be issued.
7. 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 11 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.
Il' 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.
10.
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.
11.
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.
12.
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.
13.
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 can'ied out, and always be available for public
inspection during no~nal construction hours.
14.
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. Thc Public Works Department will calculate an estimate of the total fee when
Exhibit A
Conditions of Approval
GPA/ZC 02-0961
Page 6 of 6
you submit construction plans for the project.
E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
Two-way drive aisles shall be a minimum width of twenty-four feet (24'). If
perpendicular (90°) parking spaces are proposed where a vehicle must back into these
aisles, the minimum aisle width shall be twenty-five feet (25'). All drive aisle
dimensions shall be shown on the final building plans.
Show the typical parking stall dimensions on the final building plans. Minimum
parking stall dimensions shall be nine feet (9') wide x eighteen feet (18') long.
Vehicles may hang over landscape areas no more than two and one-half feet (21/2')
provided required setbacks along street frontages are maintained, and trees and shrubs
are protected from vehicles as required by the Planning Division.
F. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilbum 661/326-3114)
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 --
· Roll-off compactor service --
I cubic yard/week or less
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
Each individual property owner shall contact the Solid Waste Division to establish
refuse service upon completion of construction.
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EXHIBIT B
LOCATION MAP
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