HomeMy WebLinkAboutRES NO 140-97RESOLUTION NO. ] 4 0- 9 7
A RESOLUTION MAKING FINDINGS ADOPTING PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 20t0 GENERAL PLAN AND
DENYING AN APPEAL OF THE PLANNING COMMISSION
DECISION RECOMMENDING SUCH AMENDMENT BY
LIZANNE REYNOLDS OF ADAMS, BROADWELL AND
JOSEPH. (LAND USE ELEMENT AMENDMENT CASE NO.
P96-0859)
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 t6, '1997, and THURSDAY, JUNE t9, t997 and continued to MONDAY,
JULY '14, THURSDAY, JULY '17, t997, MONDAY, AUGUST 4, t997, THURSDAY, AUGUST
7, '1997, MONDAY, AUGUST 18, '1997, and THURSDAY, AUGUST 2'1, 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:
General Plan Amendment No. P96-0859
Cornerstone Engineering. Inc. for Medcath. Inc. has proposed
an amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of a change from
Highway Commercial and Service Industrial to Public Facilities on
10.1 acres for property located on the south side of Sillect
Avenue, east of Pierce Road, and north of Riverside Drive;
and
WHEREAS, for the above-described amendment, an Initial Study was conducted
and it was determined that the proposed project would have a significant effect on the
environment and an Environmental Impact Report (EIR) was prepared in accordance with
CEQA; and
WHEREAS, Cornerstone Engineering, Inc. and Medcath, Inc. have entered into
an agreement with the City to implement all mitigation measures identified in the environmental
analysis contained in the EIR; and
WHEREAS, by Resolution No. 63-97 on August 21, 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, SEPTEMBER '10 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
~RIGb,~AL
WHEREAS, the decision of the Planning Commission was appealed by Lizanne
Reynolds of Adams, Broadwell and Joseph; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
been followed.
The provisions of the California Environmental Quality Act (CEQA) have
3. The proposed project will not have a significant effect on the
environment, based on inclusion of the mitigation measures identified in the Draft and Final
Project EIR.
4. The proposed medical complex will further enhance the City of
Bakersfield's role as the primary locale for available medical services in the southern San
Joaquin Valley, and will augment the Metropolitan area's leadership in the provision of state-of-
the-art medical services in the region..
5. Implementation of the proposed project would augment existing
emergency and general medical facility availability for residents of the Metropolitan Bakersfield
area. Due to the proposal's focus on providing cardiac-related care, the medical complex
represents a unique addition to the medical services capability of the greater Bakersfield area.
6. The proposed commercial development constitutes infill development of a
vacant site that is surrounded by a wide variety of existing commercial uses and the Cross
Valley Canal, a regional infrastructure facility.
7. The proposed development is consistent with the surrounding pattern of
building heights, scales and massing prevalent in the area.
8. All necessary public and private utility service infrastructure systems are
already available either onsite or in the immediate vicinity and only require nominal alterations
to accommodate the proposed development.
9. The project will provide for installation of traffic circulation improvements
to mitigate the impacts identified in the traffic study prepared for the
development proposal.
10. The project developer shall be required to participate on a pro rata share
basis in the area-wide traffic impact mitigation fee program adopted by the City of Bakersfield
and the County of Kern within the Metropolitan Bakersfield 2010 Plan Area.
11. The developer has proposed an adjustment to the future alignment of
Oak Street alongside the .development site which demonstrates that project design will maintain
consistency with the Circulation Element Map of the Metropolitan Bakersfield 2010 General
Plan. An irrevocable offer of dedication for the required future right-of-way of Oak Street shall
be made a condition of project approval.
12. A project-specific air quality analysis has shown the proposal will not
result in significant effects on regional air quality, nor adversely affect any sensitive receptors.
Provisions to support the use of alternative transportation modes, such as public transit and
bicycling, can be incorporated into project design.
13. A noise assessment prepared for the project has concluded that no
significant effects upon ambient sound levels attributable to the project are expected to occur
on either an ongoing or intermittent basis. No sensitive receptors are expected to experience
exposure to significantly adverse sound levels in this regard.
14. The hospital component of the project will assist in, and expand, the
emergency medical disaster response capabilities in the Metropolitan Bakersfield area. The
hospital will be integrated into the Metropolitan Bakersfield Emergency Services network.
15. Due to the hospital's status as a critical facility, it will be constructed
pursuant to the most rigorous building standards promulgated by State and local agencies in
order to minimize significant exposures of its occupants of seismic risks prevalent in the region.
16. The project site is located in an area subject to inundation in the event of
a major failure of the Lake Isabella Dam. Sufficient advance warning of such an event can be
given, however, and the site's proximity to State Route 99 will facilitate complete site
evacuation prior to inundation.
17. Approval of a final site development plan will be required in accordance
with the provisions of the proposed Planned Commercial Development (P.C.D.) zoning.
Development of the medical project in accordance with the requirements of the final site
development plan will ensure compliance with the design and compatibility standards of the
Kern River Plan Element.
18. The proposed amendments to the project site's land use designations in
both the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield
2010 General Plan are consistent with those afforded other like facilities in the greater
Bakersfield area.
19. 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.
20. Mitigation Monitoring Plan (Exhibit "C") describes the Mitigation
Monitoring Plan, and the Planning Commission recommends approval of this plan as
implementation of mitigation measures for the Bakersfield Heart Hospital and Related Medical
Office Building Project EIR.
21. The appeal of the Planning Commission decision by Lizanne Reynolds of
Adams, Broadwell and Joseph was duly considered.
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.
2. That this project was the subject of an Environmental Impact Report (EIR)
and the entire environmental record is incorporated by reference as set forth in the resolution
certifying the Final EIR.
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. P96-0859, 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
south side of Sillect Avenue, east of Pierce Road, and north of Riverside Drive, subject to the
mitigation measures as shown on Exhibit "A".
5. That GPA No. P96-0859, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element Amendment of
the Metropolitan Bakersfield 2010 General Plan.
6. File the Notice of Determination. Upon approval and adoption of the project,
the Planning Department is hereby directed to file a Notice of Determination with the County
Clerk of Kern County, pursuant to then provisions of Section 21152 of the Public Resources
Code and the State CEQA Guidelines adopted pursuant thereto.
7. The appeal by Lizanne Reynolds of Adams, Broadwell and Joseph is denied.
......... 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
$£P 10 1997 , by the following vote:
AYES: COUNCILMEMBER D~lOND. CARSON, SMh~fi';lvlcDERMOTr, ROW'c~E,, SULLIVAN, SALVAGG)O
NOES. COUNCILMEI~,~ER
ABSTAIN'. COUNC,LlvlEMBER
ASSEN~ COUNCILMEMBER ~'~ ~,- __
CITY CLERK and Ex Officio ~lerk of the
Council of the City of Bakersfie"ld
4
ORiGiNAL
'$'IEP ] 0 1997
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MJM
September 18, 1997
res\rg0859-cc
5
ORIGINAL ~'
EXHIBIT "A"
CARDIAC HOSPITAL P96-0859
CONDITIONS OF APPROVAL
EIR MITIGATION/SITE PLAN REVIEW
Miticjation Measures
The developer shall comply with the regulations of the San Joaquin Valley Unified APCD
regarding the control of particulate emissions and fugitive dust during grading and
construction activities. P~o rules include: proper maintenance of construction
equipment, dust control measures, use of soil binders, site watering, landscaping, truck
covers, etc., which have to be implemented until all construction activities are completed.
(AQAP Policy 29) (Mitigation)
All construction vehicles or equipment fixed or mobile operated shall be equipped with
properly operating and maintained mufflers. (Mitigation)
The intersection of Pierce Road/Sillect Avenue shall be restriped from the westbound
approach to have one left/thru/right lane, with the eastbound approach restriped to one
left lane and one thru/right lane. (Mitigation)
An information kiosk or display shall be provided on-site indicating bus schedules and
dial-a-ride phone numbers. The plans for same shall be part of an application for
approval of a comprehensive sign plan. (Mitigation)
Construction shall be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday,
and shall be prohibited on Sundays and Federal holidays in order to minimize disruption
to existing residential neighborhoods. (Mitigation)
The applicant shall contribute fees to the Regional Transportation Impact Fee Program.
As a consequence, the proposed project's proportionate contribution to impacts upon the
Rosedale Highway/Fruitvale Avenue intersection shall be satisfied. (Mitigation)
Site Plan Review Conditions:
Planning Department:
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.
A landscape plan and specification for irrigation shall be submitted to the Planning
Department for approval prior to final development plan approval.
3. The minimum parking required for this project has been computed as follows:
Hospital = 90 beds =
13,000 sq.ft. office/230 =
45,000 sq.ft. med. office/125 =
150 seat conference room/4 =
2,500 sq.ft. retail/300 =
TOTAL REQUIRED =
90 spaces
57 spaces
360 spaces
38 spaces
8 spaces
553 spaces
Cardiac Hospital
P96-0859
Page 2
The address assigned is for the entire site. If you desire individual pad and lease space
addresses, submit two copies of the plot plan (8-1/2" x 14" max.) designating all
possible lease areas to this department - Attention: Dave Dow or Louise Palmer.
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 prior to the Friday you wish your inspection.
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 any grading or soil disturbance 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).
The area within the Medical Office Building allocated as "Retail Space (2,500 square
feet)" as shown on the approved Site Plan (Exhibit "A") shall be restricted to retail uses
customarily incident to and supportive of medical uses, such as a pharmacy, gift shop,
or a cafe primarily intended for use in conjunction with onsite medical offices and
treatment functions.
A 20-foot by 30-foot GET bus pad shall be installed in the landscaped area fronting
Sillect Avenue to the north of the Medical Office building. The pad shall have a shelter
and it will be connected to the office building and hospital structure by a series of
sidewalks and striped pedestrian crossings of parking areas and driveways. The
sidewalk shall extend to the south on the west side of the Medical Office building, and
then westerly and southerly to the hospital structure. All curb areas at street and
driveway crossings shall have handicap access ramps.
Building Deoartment:
This review does not include approval of any signs for the project. A separate permit is
required for all new signs, including construction signs, from the Building Department.
Structures exceeding 10,000 square feet in area shall be constructed with an automatic
fire sprinkler system.
Indicate on the final plan compliance with all handicap requirements pursuant to State
Building Code.
A final soils report shall be submitted to the Building Department prior to commencement
of any grading.
5. School District fees will be assessed prior to commencement of construction.
A line of trees are required along the south line of the project adjacent to the canal
subject to the approval of the Planning Director.
Cardiac Hospital
P96-0859
Page 3
Engineering Services
1. The applicant shall construct new connection(s) to a public sewer.
The applicant shall construct on-site paving with a minimum of 2" Type B, A.C. over 3"
Class II A.B., or paving equivalent as approved by the City Engineer.
An irrevocable offer of dedication of additional right-of-way for Oak Street as determined
by the City Engineer shall be submitted to the Public Works Department prior to submittal
of plans for final development plan check pursuant to Chapter 17.54.050 of Title 17.
The applicant shall provide a comprehensive drainage study to be reviewed and
approved by the City Engineer.
The applicant shall provide four copies of the grading plans and two copies of the
preliminary soils report to the Building Department.
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.
7. A sewer connection fee shall be paid prior to commencement of construction.
A transportation impact fee for regional facilities shall be paid prior to commencement of
construction. Based on the rate schedule in effect for the 1996-1997 fiscal year and the
proposed project use, a rate of $31 per vehicular trip would be anticipated.
A permit from the Public Works Department is required prior to any work within city right-
of-way (street, alley, easement).
10.
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 (WHEREAS,
Order No. 92-08-DWQ) must be filed with the State Water Resources Control Board in
Sacramento prior to construction activity beginning. Compliance with the General Permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously implemented, and be available for public inspection at all times during
normal construction hours.
Sanitation Department
Indicate on the final plan one, 10' x 20' recycling bin location(s) pursuant to City Standard
S-43, for each building.
2. Indicate on the final plan two compactor roll-off bin location(s).
The Sanitation Division shall be contacted to determine alternatives to allow the safe
collection of refuse and/or recyclables.
Facilities generating 12 cubic yards or more of refuse daily will be required to provide roll-
off compactor bins.
Cardiac Hospital
P96-0859
Page 4
Applicant shall provide either Sanitation Conditions 1 and 8, or provide Sanitation
Conditions 2 and 7.
The applicant shall provide two, 28 to 40 cubic yard roll-off compactor bin(s) for the
containment of refuse or recyclables.
8.
9.
10.
The applicant shall provide four, three cubic yard front loading type refuse bin(s) for the
containment of refuse or recyclables, for each building.
Facilities required to provide recycling areas shall provide locations of sufficient size as
defined in Bakersfield Municipal Code, Chapter 8.32.
Facilities required to provide grease containment shall provide a storage location
separate from refuse or recycling bin locations pursuant to City Standard S-43.
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.
Fire Department:
In order to provide adequate fire protection during construction, the applicant shall install
three fire hydrant(s) as shown on the attached plans or provide alternative fire
suppression as approved by the Fire Department prior commercial construction.
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 occupancy of any building the final site plan being approved.
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.
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.
The applicant shall provide the Fire Department with one set of approved water plans
prior to commencement of construction.
Areas adjacent to all Fire Department connections shall be identified by yellow stripes
pursuant to Bakersfield Municipal Code Section 15.64.140 (d).
MJM:pjt
September 18, 1997
p:g0859-spr
BAKERSF/£LD
HEART
HOSPITAL
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W~rltlBIT "C"
MITIGATION MONITORING PI,AN
AfillgnAlen Illensure 4. J-I The developer sitall comply wilh the rcgulalions of Ihe Sau J.aquiu Apprnvcd
Valky Unified APCD legarding Ihc conlloJ Of parlicula[e emissions and ~gilive dusl during by:
~rading a~ conslr~lwn ~livilks. PMIO ~ulcs include: ploper mainlenance of consimclion _
equip~nt, dust conlrol ineasmes, use of soil hi.dots, she watering, landscaping. truck cove,s, ou _ ~
tic., which have Io be hnplemcnlcd unlil all co~51tucH~n acfivilics arc complclcd (AQAP Poli~ y
29)
~i~a ~eemre 4.$-~ ~11 conslfucliou vehicles o~ cquipmeul ~xcd m m~d~iic operaled sicall hc Approved
equ~ wilh p~dy operali.g and ntainlai.cd mafilcrs by:
,~////ga'lfan Mensere $.4-2 The intcrscclion ol I'icr¢c Roadl$illcct Avcuuc shall bc restripod frnm
tile weslbound approach In have nile left lane and o.e leli/thru/riglu lane. whh the casthmmd
approach restripod to (me left lane and one tl.nlrJghl lane
Approved
by:
~.~id~e.e~en Mensare 4J-2 Au iuformalion kiosk nr display shall be providcd on-site indicatmn bus Approved
schedules and dial-a-ride phone tuunbers. The pla.$ ri,r same shall be part of an al)plicati.m l,~r by:
approval of a comprehensive sign plan
Mili~udon Meo~nre 4,$.! Con$lluclnui shall'he liralied (o Ihe hours of '7:O0 a.m. Io '7:00 p m .
Monday Ihrough $alUlday. and shall bc prohtbitgd on Sentlays and leedoral holidays i. or,her hp
minimizc disruplion to cxisting residential ncighhmhouds
Mt~i~e~.e. Meea~re 4.4-,~ Tim inlcrscction ol l'ic~cc RoadlSillec! Avenue sitall be rcs.'ipcd from
Ihe wesllmm,~l approach Io have one left lane and one Icfi/Ihrnhighl lane. wilh Ihc eastbmmd
approach rcstriped to one Icll lane and one Ihru/r~ghl lane.
Approved
I)y:
on
Apploved by: