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HomeMy WebLinkAboutRES NO 74-97RESOLUTION NO. 7 z~ - 9 ? A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P97-0052). 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, MARCH 17 and THURSDAY, MARCH 20, 1997, on 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-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: and Marino Associates for Calloway Capital Associates has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from Suburban Residential to General Commercial on 17.34 +/- acres, for property located on the west side of Calloway Drive between Meacham Road and Rosedale Highway; WHEREAS, for the above-described amendment, 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 mitigations 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 city staff and the Planning Commission; and WHEREAS, by Resolution No. 20-97 on March 20, 1997, the Planning Commission recommended approval and adoption of this General Plan Amendment subject to mitigation measures listed in Exhibit "A" and this Council has fully considered the findings 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, MAY 7, 1997, on the above described 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. The proposed project will not have a significant effect on the environment. 4. Mitigation measures as shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed General Commercial land use designation is compatible with both existing and proposed land uses and zoning in the vicinity. 6. The proposed type and intensity of commercial development is consistent with surrounding patterns of existing and planned land uses. 7. The proposed commercial designation is consistent with the level of circulation access and public services presently available in the area. 8. 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 State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced 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: correct. 1. The above recitals and findings, incorporated herein, are true and 2. The Negative Declaration is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment Case No. P97-0052, a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located on the west side of Calloway Drive between Meacham Road and Rosedale Highway, subject to mitigation measures shown on Exhibit "A". ......... 000 ........ 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 MAY '? 1~7 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTD, ROWt. ES, SULLIVAN, SALVAGGIO NOES: COUNCILMEI~ER ABSTAIN: COUNCILMEMBER ~SENT: COUNCILMEMBER V~Y~-~ CITY CLERK and Ex Officio~;lerk of the Council of the City of Bakersfield APPROVED MAY ~ 1~J97 BO~ PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY $KOUSEN CITY ATTORNEY MJM:pjt April 25, 1997 res\rg0052-cc 4 Exhibit "A" Conditions of Approval/Mitigation Measures GPA/ZCICUP P97-0052 Planned Commercial Development Planning Department Site development shall be substantially as shown on Attachments "P1, P2, P3 and P4." VVhere conditions of approval and site plans are different the conditions of approval shall prevail. Prior to the City Council public hearing, site plans shall be amended to show "site plan review committee" requirements, and where applicable, other conditions of approval. The signs as shown on the site plan are hereby approved by the City Council. The pylon sign may have a height of 23 feet and an area not to exceed 160 square feet, and shall be set back no less than 15 feet from the ultimate right-of-way line of Calloway Drive. Any other sign must be approved pursuant to Section 17.54.100 of the Planned Commercial Development zone of the Municipal Code. The exterior building walls located at or along the property lines shall be of two hour fire resistive construction. The walls connecting these buildings shall be of a height equal to the exterior building walls (no less than eight and one half feet) and shall also be of two hour fire resistive construction. Exterior walls meeting the foregoing construction and height requirements shall be completed along the entire property line perimeter of the respective development phase, prior to occupancy approval for that phase. The roofs of all storage buildings located adjacent to property lines shall slope towards the interior of the mini-warehouse storage complex, away from the abutting residential properties. Fencing adjacent to the retention basin need not be 8 feet high, but shah conform to city standards. Future project development within "Phase 3" as shown on Attachment "PI" is NOT A PART of this approval, and shall require approval of a subsequent Planned Commercial Development and Conditional Use Permit application. Prior to submittal of an application for final site plan review, a qualified archaeologist shall complete an archaeological study on all previously unimpacted portions of the site, in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to issuance of the final site plan approval Proof of such compliance shall be submitted to the Development Services Department and to the Southern San Joaquin Valley Information Center. The configuration and layout of the project entryway, office/residence and storage buildings, and proposed future development Phase 3 within the northeasterly "panhandle" portion of the Planned Commercial Development may, at the applicant's option, be juxtaposed or reversed on the final development plans required to be submitted pursuant to Section 17.54.050 of the City of Bakersfield Municipal Code. Should the applicant exercise this option for redesign, the final development plans incorporating such revisions shall be considered consistent with the intent and design parameters of this approval. Public Works: The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. The general commercial portion (corresponding to the adjacent C-2 zoning request) of the GPA consists of no changes to the shopping center site and the mitigation measures, based on the October, 1994, traffic study prepared by Crenshaw Traffic Engineers, are still appropriate. Exhibit "A" GPNZC/GPA P97-0052 Page 2 Per the traffic analysis by Ronald F. Ruettgers Civil Engineer, dated February 7, 1997, the mini- storage portion of the project generates a change in peak hour trips below thresholds which would warrant a traffic study impact study, and therefore, no added mitigation is recommended. Site Plan Review Conditions: "A" CONDITIONS - These conditions require specific alterations to the site plan. These changes must be reflected on all final plans submitted to the Building Department. Plan check wi// not begin until all "A" conditions are correctly shown on the plans submitted. Designate a fire lane, pursuant to City requirements, as shown on the attached site plan. Please indicate spacing between signs that meet City standards. (Fire) 10. Indicate on the final plan all on-site fire hydrant locations and required fire flows. (Fire) 11. The applicant shall indicate on the site plan submitted for building permits, that the proposed landscaped areas meet minimum City standards in accordance with Title 17.53.061 of the Municipal Code. A landscape plan including specifications for irrigation shall also be submitted to the Planning Department for approval before the Building Department will begin plan check. (Planning) 12. Indicate on the final plan exterior wall construction as shown on the attached plans, and in accordance with the fire resistive, height and phasing requirements outlined in amended Condition of Approval No. 2. Fencing adjacent to the retention basin in the southwest corner of Phase 2 need not be 8 feet high, but shall conform to city standards. 13. Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent residential properties and streets with illumination evenly distributed across the parking area. All light fixtures shall be located between 15' and 40' above grade. Lighting direction and light fixtures shall be shown on the final site plan. (Planning) 14. The applicant shall pay to the city the amount of $42,892 (per Agreement #95-124) for street improvements constructed by the city. (Engineering Services) 15. The applicant shall construct 5.5' wide concrete sidewalks including handicap ramps and returns on Calloway Drive pursuant to City Standard. (Engineering Services) 16. The applicant shall construct on-site paving with a minimum of 2" Type B, A.C. over 3" Class II A.S., or paving equivalent as approved by the City Engineer. (Engineering Services) 17. The applicant shall install two, 9,500 lumen street lights on Calloway Drive as shown on the attached plan. (Engineering Services) 18. The applicant shall utilize the existing 8" sewer line with existing manhole just south of the southerly property line by directly connecting to this manhole. The need for a sewer lift station shall be eliminated. The existing wet well located at the southeast corner of the property shall be abandoned. (Engineering Services) 19. Indicate on the final plan one, 6' x 8' refuse bin location pursuant to City Standard S-43. (Sanitation) Exhibit "A" GPNZC/GPA P97-0052 Page 3 20. Street return type approach(es), shall have minimum 20' radius returns with a 40' throat width. (Traffic Engineering) "B" CONDITIONS - These conditions must be satisfied prior to the Building Department completing plan check for the project. 21. In order to provide adequate fire protection during construction, the applicant shall install six fire hydrant(s) as shown on the attached plans or provide alternative fire suppression as approved by the Fire Department prior to final site plan approval. (Fire) 22. Provide secondary emergency access. (Fire) 23. The applicant shall provide four copies of the grading plans and two copies of the preliminary soils report to the Building Department. Indicate treatment of the wet well which is to be abandoned. (Engineering Services and Building) 24. A master drainage plan for the entire site, including an additional adjacent 7 acres (22 acres total), shall be submitted for review and approval of the City Engineer prior to issuance of building permits. (Engineering Services) 25. The Sanitation Division shall be contacted to determine alternatives to allow the safe collection of refuse and/or recyclables. (Sanitation) "C" CONDITIONS - These are informational notes that will assist in completion and operation of the project. There are also conditions identified that must be satisfied prior to plan check being completed. The deadline for complying with those conditions is specified in the condition. 26. The applicant shall contact the Fire Safety Control Division, 1715 Chester Avenue, Suite 300 (Fire Prevention Bureau) for fire and safety requirements and provide one (1) set of building plans showing the required plan corrections to Fire Safety Control (Fire Marshal, (805) 326-3951) prior to the final site plan being approved. (Fire) 27. All streets and access roads to and around any building under construction must be at least 20 feet of unobstructed width and graded to prevent ponding at all times. Barricades must be placed where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all times. (Fire) 28. Based upon available information, the fire flow requirement may be 3,500 gallons per minute. All persons required to furnish fire hydrants are hereby required to purchase the required fire hydrants from the City of Bakersfield. (Fire) 29. The applicant shall post the designated fire lane as required by the City prior to occupancy of any portion of any building. (Fire) 30. The applicant shall provide the Fire Department with one set of approved water plans prior to the issuance ofany building permit. (Fire) 31. This review does not include approval of any additional signs for the project (excepting the sign approved pursuant to Condition No 1). A separate permit is required for all new signs, including construction signs, from the Building Department. (Building) 32. The applicant shall provide fire resistive wail construction details for exterior walls of buildings that are at or near the property line, (Building) Exhibit "A" GPNZCIGPA P97-0052 Page 4 33. 34. 35 36 37. 38. 39. 40. 41. 42. 43. 44. Indicate on the final plan compliance with all handicap requirements pursuant to State Building Code. (Building) A final soils report shall be submitted to the Building Department prior to issuance of any building permits. (Building) School District fees will be assessed at the time of issuance of a building permit. (Building) The minimum parking required for this project has been computed as follows: Residence 636 sq.ff. Office @ 230 Phase 1 storage/138,800 sq.ff. @ 1,000 Phase 2 storage 66,200 sq.ff. @1,000 TOTAL REQUIRED 2 spaces 3 spaces 139 spaces 66 soaces 210 spaces (Planning) Approved landscaping shall be installed prior to final building inspection or occupancy of any building. Landscape inspections are on Fridays. Call Dave Dow at 326-3594 or Louise Palmer at 326-3680 odor to the Friday you wish your inspection. (Planning) NOTICE - Habitat conservation fees for this project will be calculated based on the fee in effect at the time (currently $1,240 per gross acre) payable to the Planning Department prior to issuance of 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 fees, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation/ Management Agreement Section 3.1.4). (Planning) Prior to building occupancy, sub-standard off-site improvements shall be reconstructed to city standard or repaired as directed by the City Engineer. (Engineering Services) The applicant shall pay to the City $30 per linear foot of frontage for construction of his share of half of the landscaped median island prior to issuance of building permits. (Engineering Services) The developer shall be responsible for providing all labor and materials to energize all street lights adjacent to the site. All street lights SHALL BE energized prior to occupancy. (Engineering Services) A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based on the current adopted charges at the time of issuance of the building permit. (Engineering Services) A transportation impact fee for regional facilities shall be paid at the rate in effect at the time of issuance of a building permit. Based on the rate schedule in effect for the 1996-1997 fiscal year and the proposed project use, a rate of $38 per vehicular trip would be anticipated. Upon submission of construction plans for the project, the Public Works Department will provide an estimate ofthetotal fee. (Engineering Services) A permit from the Public Works Department is required prior to any work within City right-of-way (street, alley, easement). A copy of the approved site plan with conditions shall be submitted to the Public Works Department at the time of application for a permit. (Engineering Services) 45. The applicant shall provide one, three cubic yard front loading type refuse bin for the containment of refuse or recyclables. (Sanitation) ' Exhibit "A" GPA/ZC/GPA P97-0052 Page 5 46. Facilities required to provide recycling areas shall provide locations of sufficient size as defined in Bakersfield Municipal Code, Chapter 8.32. (Sanitation) 47, Facilities required to provide grease containment shall provide a storage location separate from refuse or recycling bin locations pursuant to City Standard S-43. (Sanitation) 48. Facilities requiring infectious or medical waste services shall obtain approval for separate infectious or medical waste storage areas from the Kern County Environmental Health Services Department. In no instances shall the refuse or recycling bin area be considered for infectious waste containment purposes. (Sanitation) MJM March 31, 1997 p:gOO52-ef EXHIBIT "B" GENERAL PLAN AMENDMENT P97-0052 ,,~ NO 3 CT.I PLANEBROOK AVE. SR BRIDGELAN~ CT. LR MEACHAM LR AVENUE ' LR ROAD SR LI GC ROSEDALE HIGHWAY OC ~ p II // . ///,/// / / / / /// ////,~// , z ~ //.SR TO GC. // // // / ///! __ ///~,///,, SEABECK AVE. //, ~ 2/.~.//~_..~ o~ _ LMR '": I I ' ER I I MC I i ~ 0c N '. 19 20 T29S, R27E