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
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