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HomeMy WebLinkAboutRES NO 141-97RESOLUTION A RESOLUTION MAKING FINDINGS AND ADOPTING PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2019 GENERAL PLAN AND DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION RECOMMENDING ADOPTION OF 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, t997, and THURSDAY, JUNE 19, 1997 and continued to MONDAY, JULY 14, 1997 and THURSDAY, JULY t7, 1997, MONDAY, AUGUST 4, 1997 and THURSDAY, AUGUST 7, 1997, MONDAY, AUGUST 18, 1997, and THURSDAY, AUGUST 21, 1997, on a proposed amendment to the Kern River Plan 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 Califomian, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Kern River Plan Element of Metropolitan Bakersfield 2010 General Plan is as follows: Kern River Plan Amendment No. P96-0859 Cornerstone Engineering, Inc. for Medcath, Inc. has applied to amend the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from land use Map Code 6.1 (Major Commercial) and 7.2 (Service Commercial) to 3.3 (Other Facilities) on 10.1 acres generally 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. 65-97 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 QRIQI~AL 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 WHEREAS, the decision of the Planning Commission recommending approval of the amendment to the Kern River Plan Element 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. 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 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. Adoption of the amendment to the Kern River Plan Element, a part of the Metropolitan Bakersfield 2010 General Plan, is consistent with the goals and objectives of the Kern River Plan Element, an integral part of the Metropolitan Bakersfield 2010 General Plan. 5. 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. 6. 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. 7. 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. 8. 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. 2 ORJGIN~,L 9. 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. 10. The proposed development is consistent with the surrounding pattern of building heights, scales and massing prevalent in the area. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. The environmental Impact Report for the Bakersfield Heart Hospital and related Medical Office Building Project is hereby approved, adopted and certified. 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 the amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, consisting of the change as shown on attached Figure "2". 3 ORIGINAL 5. That GPA No. P96-0859, approved herein, be combined with other approved segments described in separate resolutions, to form a single 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 B~kersfield at a regular meeting thereof held on $EP 1 0 1997 , by the following vote: AYES: COUNCI,.M,.~'.,'3,.R DeMOND, CARSON, Sldff¥iT/McDERMOTT, R~, SULLIVAN, SALV.~GGtO NOES' C 0 U N C i U',~.D' '~ 7,"':' R ~NT: COUNCILMFMBER , ' SEP ! 0 1997 APPROVED BOB PI~C!~ MAYOR of the City of Bakersfield 'CITY CLERK and Ex Officio C~l~rk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: MJM September 18, 1997 res\rkr0859-cc 4 ORIGINAL EXHIBIT "A" CARDIAC HOSPITAL P96-0859 CONDITIONS OF APPROVAL EIR MITIGATIONISITE PLAN REVIEW Mitiqation 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~0 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 328-3680 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 ohsire 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. Buildinq Department: 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. .~?~ ~,'F~o~ O~I~-JAL 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, AC. 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. ORiG~.jA[ Cardiac Hospital P96-0859 Page 4 Applicant shall provide either Sanitation Conditions I 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. 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. 10. 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 B, qKE~SF/ELD H~AR[ HOSPITAL \ELO © ~-x- IBIT "C" MITIGATION MONITORING P1,AN Miligali.a Measure Mille'etlon Menlure 4.3-1 The dcvch)pcr shall comply wilh tile regulali,)ns of the San Juaquin Valley Unified APCD regarding the con.ol o1' paniculale emissions and ~ugilivc dusl dl~[ing gradtm~ and conslruclion activities. PMIO ~ulcs inclmlc: i,ropcr mainlcnancc orconsm]cmm equipmeal, dusl conlrol measures, use o1' soil hi.dots. sile waledng, landscaping, Iruck coyels, etc.. which have Io be iraplume.led u.til all conslr.cli~m aclivilics a~c completed (AQAP Poli, y 29) Mit/gatien Measl~re 4.$-2 All con$lruclion vehicles of equipmen! §xcd of mohdc upeialcd shall he equipped with properly ~q,erating and mainlainml m.£11ers M///ga//on Measure $.4-2 The i.tcrscclinn el Pierce Road/Sillccl Avenue shall bc rcslripcd from the wg$1bomld approach Io have one [cfl lane a~ld ouc Iclilthrulright lane, witIt Ihc caslhom~d approach restriped to one Icfl la.c and one d.nlnght la.e Verification of Compliance I,:.giueering [ B,,ih, llng a.d 'Iraflit I,htgl.eeri.g Divisio. Approved by: Appr. vcd by' Approved by: ~l~/dgg~O. Menmr~' 4.$-2 An iniormat~n kiosk or display ~all ~ proved on-site indication b,,s Approved ~ a~ dial-a-ride p~ne numbers. The pla,,s fi~r same shall be part .[ an applicali.. I~r by: a~mval of a com~chensivc sign plait. - .... '"" ' ' ...... :':+~ ::::::::::::::::::::::::: .:: :~::t:~:~::: :: t::;¥:: :.:: ::::::::::::::::::::::::::::::: .; ~i~ign~ion ~enlllre 4.~-I Conslruclion shall ~)c limited Io Ihe honrs of 7:00 a.m. Io 7:00 p m . Approved Mo~y Illrough ~lmldl~, and shall be prohibited oo ~umlays and Federal holidays i. m*lcr I,* by: min~izc disclion Io existing msidcnlial ncighh(.hm~ds ..... Midigee;on ~egmr~ 4.4-2 The intersection of I'iel cc Road/St lecl Avenue s~all be restriped fn.n the wesllmmld approach !. have one left lane and one lefillhnllrighl lane. wilh the easthmmd approach reslriped Io one Icfi lane and one Ihru/nght lal~c. Appl'oved IT),: