HomeMy WebLinkAboutRES NO 133-99RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD OVERTURNING THE BOARD OF ZONING
ADJUSTMENT'S DECISION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW AN AUTOMOBILE DISMANTLING AND STORAGE
FACILITY, AND A MODIFICATION TO WAIVE THE REQUIREMENT TO
PAVE THE VEHICLE PARKING SURFACE FOR STORED VEHICLES IN
A 7.3 (HEAVY INDUSTRIAL) ZONE DISTRICT AT 4525 COTTONWOOD
ROAD. (P99-0297)
WHEREAS, Marino and Associates applied for a conditional use permit to allow
an automobile dismantling and storage facility, and a modification to waive the
requirement to pave the vehicle parking surface for stored vehicles in a 7.3 (Heavy
Industrial) zone district at 4525 Cottonwood Road; and
WHEREAS, said Board of Zoning Adjustment through its Secretary set Tuesday,
July 13, 1999, at the hour of 3:00 p.m., in the Council Chamber of City Hall, Bakersfield,
California, as the time and place for a public hearing before said Board on said
application, and notice of said hearing was given in the manner provided by Title
Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, at said hearing, the application was duly heard and considered, and
the Board of Zoning Adjustment approved the conditional use permit with conditions;
and
WHEREAS, a timely appeal was filed through a petition by a group of citizens
objecting to the BZA's approval of the conditional use permit with the Clerk of the City
Council; and
WHEREAS, the City Council through its Clerk set September 8, 1999, at the hour
of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time
and place for a public hearing before said Council on said appeal, and notice of said
hearing was given in the manner provided by Title Seventeen of the Municipal Code of
the City of Bakersfield; and
WHEREAS, at said hearing, the appeal was duly heard and considered and the
Council made the following findings regarding the proposed project:
New information was presented to the Council from neighborhood
residents that was not available to the Board of Zoning Adjustment
concerning dust, traffic, parking and criminal activities associated with the
proposed use. These issues brought forth questioned the compatibility of
the proposed use and it was found the approval of the permit would be
detrimental to area residents.
-2-
The proposed use is not essential or desirable to the public welfare.
Neighborhood residents object to the proposal and concerns exist
regarding recorded police investigations of illegal activities involving stolen
vehicles by the proposed operator. Since these issues relate to the
proposed use, the granting of the permit would result in adverse impacts
to the neighborhood contrary to the intent of Title 17 concerning
conditional use permits.
The approval of this proposal is not consistent with the purpose and intent
of the Casa Loma Specific Plan. The proposed use is not compatible with
existing uses in the area and is inconsistent with planned land uses for the
area.
The proposal is not in harmony with the goals, objectives and policies of
the Metropolitan Bakersfield 2010 General Plan. The proposal is
inconsistent with the HI (Heavy Industrial) land use designation because it
is incompatible with other land uses in the area and its potential adverse
impacts to the adjacent residents.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD that the appeal is hereby granted to overturn the decision of the
Board of Zoning Adjustment approving conditional use permit (File #P99-0297).
Therefore, said conditional use permit is hereby denied.
.......... 000 ..........
-3-
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
SEP $ ~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmember Demond, Carson, Couch, Maggard, Rowles, Sullivan, Salvaggio
Councilmember
Councilmember ~o~
Councilmember ¢J o ~ ¢-
CITY CLERK and EX OFFICIO CLERK
of the Council of the City of Bakersfield
APPROVED: SEP $ 1999
BOBS'pRICE', MAYOR
cl'rY OF BAKERSFIELD
APPROVED as to form:
BART THILTGEN, CITY ATTORNEY
Sent [~y: CITY#CLERKS#OFFICE;
Page 5/5
Sent B'y: CITY#CLERKS#OFFICE~ BO532337BO; Aug-11-gg IO:O§AM; Page 4/5
Sent By: CITY#CLERKS#OFFICE;
SD5323378D;
Aug-11-g9 1D:O§AM; Page 3/5
MINUTES OF THE SPECIAL MEETING
BOARD OF ZONING ADJUSTMENT
OF THE CITY OF BAKERSFIELD
Held Tuesday, July 27, 1999, 3:00 p.m., City Council Chamber, City Hall, 1501 Tr~
Avenue, Bakersfield, California.
1. ROLL CALL
BOARD MEMBERS: Present: DENNIS
JACK
STAFF MEMBERS: Present:
The Chairperson
agenda.
2. PU
4.A.1.
None
. Planning Director
EGGERT, Principal Planner
RUTH JACOBS, Recording Secretary
Appeal as set forth on the
Motion was made by Member Sherry to approve minutes of the regular
meeting held June 8, 1999. Motion carded.
PUBLIC HEARING - CONDITIONAL USE PERMIT FILE NO. P99-0297 --
MARINO & ASSOCIATES HAS REQUESTED A CONDITIONAL USE
PERMIT TO ALLOW AN AUTOMOBILE DISMANTLING AND STORAGE
YARD TO BE LOCATED IN A 7.3 {HEAVY INDUSTRIAL} ZONE DISTRICT
LOCATED AT 4525 COTTONWOOD ROAD. (Continued from meeting of
June 8, 1999)
Staff report recommending approval with conditions was given
Public portion of the hearing was opened; no one spoke in opposition.
Jim Marino, the applicant, said he is in agreement with the conditions. He
said Mandquez Trucking has been cleaning up the site over a period of time.
With regards to the conditions on Exhibit E, 11.6, there were two structures
which have been, or will soon be, moved. As a result, he felt this condition
may not aPply.
Public portion of the hearing was closed.
Minutes, BZA 06/08/99 Page 8
owned by the church. They would have a security fence next to the
and no unimproved dirt within the fence.
Member LaRochelle said what is proposed is this. The wall wo~ placed
from the west side along the sump or to where the is for the
residential lot to the south. He asked Mr. Delmarter if the der, for
security purposes, would be fenced.
Mr. Delmarter said it would run up the east line
edge of the parking lot.
sump and go along the
Member LaRochelle said he did not I'
problem with this.
Mr. Eggert said
this also.
Public portion
i was closed.
Motion was Member LaRochelle to adopt resolution with all findings
and conditiom the negative declaration and Conditional Use
Permit No. depicted in the project description, with the
~ to condition I1.1 as noted and the deletion of III.B.5.
carried by the following roll call vote.
AYES: Fidler, LaRochelle, Sherry
NOES: None
4.A.5.
PUBLIC HEARING - CONDITIONAL USE PERMIT FILE NO. P99-0297 --
MARINO & ASSOCIATES HAS REQUESTED A CONDITIONAL USE
PERMIT TO ALLOW AN AUTOMOBILE DISMANTLING AND STORAGE
YARD TO BE LOCATED IN A 7.3 fHEAVY INDUSTRIAL) ZONE DISTRICT
LOCATED AT 4525 COTTONWOOD ROAD.
Mr. Eggert indicated there is no staff report as they are working with the
applicant to complete their project description.
Public portion of the hearing was opened; no one spoke in opposition or in
favor.
Public portion of the hearing will remain open.
This item will be continued to the meeting of July 13, 1999.
RESOLUTION NO. 99-22
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF
THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE
PERMIT TO ALLOW AN AUTOMOBILE DISMANTLING AND
STORAGE FACILITY AND A MODIFICATION TO WAIVE THE
REQUIREMENT TO PAVE THE VEHICLE PARKING SURFACE.
(Conditional Use Permit No. P99-0297)
WHEREAS, Marino & Associates, filed an application with the City of Bakersfield Planning
Department requesting a Conditional Use Permit to allow an automobile dismantling and storage
facility a Modification to waive the requirement to pave the vehicle parking surface. The proposal is
located at 4525 Cottonwood Road and is within a 7.3 (Heavy Industrial) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, June 8,
1999 and continued to July 27, 1999 at the hour of 3:00 p.m. in the Council Chambers of City Hall,
1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before them
on the proposal, and notice of the public hearing was given in the manner provided in Title 17 of the
Bakersfield Municipal Code; and
WHEREAS, a public hearing was held before the Board of Zoning Adjustment on June 8, 1999
and continued to July 27, 1999, and testimony was received only in support of the project; and
WHEREAS, the laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by
city staff and the Board of Zoning Adjustment; 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 was prepared and posted on May 17, 1999, in accordance with CEQA; and
WHEREAS, the facts presented in the staffreport, initial study, and evidence received both in
writing and by verbal testimony at the above referenced public heating(s), support the findings
contained in this resolution; and
WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts,
testimony and evidence was considered by the Board of Zoning Adjustment, and they made the
following findings regarding the proposed project:
All required public notices have been given. Hearing notices regarding the proposed
project were mailed to property owners within 300 feet of the project area and published
in a local newspaper of general circulation 20 days prior to the hearing.
The provisions of CEOA and City of Bakersfield CEOA Imnlementation Procedures
~. Staff determined that the proposed activity is a project and an
initial study was completed. A Negative Declaration was prepared and properly
for public review.
A Negative Declaration for the proposed pro_iect is the appropriate environmental
document to accompany pr~ect approval. In accordance with CEQA, staff prepared an
initial study for the proposed project and indicated that the project will not significantly
impact the physical environment.
The pr0jeg~ must be ~anted a "de minimis: exemption with resnect to the payment of
Fish and Game Section 711 fees. Based on the absence of evidence in the record as
required by Section 21082.2 of the State of California Public Resoumes Code (CEQA)
for the purpose of documenting significant effects, it is the conclusion of the City as the
lead agency, that this project will result in impacts that fall below the threshold of
significance with regard to wildlife resoumes 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 City's decision to prepare a
Negative Declaration for this project.
The proposed use is essential or desirable to the public welfare. The proposed use is
essential and desirable to the public welfare as a means of confining defunct vehicles and
providing for recycling vehicle parts.
The granting of the proposed modification will not be materially detrimental to the
public welfare, nor injurious to the property_ or improvements in the zone or vicinity in
which the subject property_ is located. The granting of the proposed modification will
facilitate maintenance of the proposed vehicle storage area.
The approval of this modification is necessary_ to hermit appropriate improvements on
the site. Approval of this modification is consistent with the purpose and intent of the
Casa Loma Specific Plan and zoning ordinance. The requested modification is for a
vehicle storage area rather than a vehicle parking lot where there is more vehicle
movement. Conditions have been added to the proposal to ensure control of the spread
of dust.
The approval of this proposal is consistent with the purpose and intent of the Casa Loma
~. The proposed use is compatible with other approved uses in the area and
is consistent with the heavy industrial designation which is intended to provide for uses
which are incompatible with other land uses because of potential environmental effects.
The proposal is in harmony with the goals, ob_iectives and policies of the Metropolitan
Bakersfield 2010 General Plan. The proposal is consistent with the HI (Heavy
Industrial) land use designation which permits land sensitive activity that is usually
incompatible with other land uses because of potential severe environmental impacts.
2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF
THE CITY OF BAKERSFIELD as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. That the Negative Declaration is hereby approved·
3. That Conditional Use Permit No. P99-0297 as described in this resolution, is hereby
approved subject to the conditions of approval contained in Exhibit "A".
On a motion by Board Member Sherfy, the Board of Zoning Adjustment approved this
resolution by the following roll call vote:
AYES: Fidler, LaRochelle, Sherry
NOES: None
ABSENT: None
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of
Zoning Adjustment of the City of Bakersfield at a special meeting held on the 27* day of July, 1999.
DATED: July 27, 1999
BOARD OF ZONING ADJUSTMENT OF
THE CITY OF BAKERSFIELD
DENNIS FIDLER, Chair
bza res.wpd
3
EXHIBIT "A"
CONDITIONS OF APPROVAL
Conditional Use Permit No. P99-0297
I. The applicant's rights granted by this approval are subject to the following provisions:
The project shall be in accordance with all approved plans, conditions of approval, and other required
permits and approvals. All construction shall comply with applicable building codes.
All conditions imposed shall be diligently complied with at all times and all construction authorized or
required shall be diligently prosecuted to completion before the premises shall be used for the purposes
applied for under this approval.
This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to
allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued
until that effective date.
This approval shall automatically be null and void one (1) year after the effective date unless the
applicant or successor has actually commenced the rights granted, or i/the rights granted are
discontinued for a continuous period of one (l) year or more. This time can be extended for up to one (l)
additional year by the approving body.
The BZ~ may initiate revocation of the rights granted i/there is good cause, including but not limited to,
failure to comply with conditions of approval, complete construction or exercise the rights granted, or
violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the
premises for which the approval was granted. The BZA mgv also consider under the revocation addition
to or modification of any conditions i/there is sufficient cause, including but not limited to, complaints
regarding the project or that the conditions are not adequate for the intended purpose.
Unless otherwise conditioned, this approval runs with the land and may continue under successive owners
provided all the above mentioned provisions are satisfied.
II.
The following conditions shah be satisfied as part of the approval of this project:
The applicant shall construct a screened fence with landscaping along the street frontages
in conjunction with each of the proposed construction phases. This fence shall be at
least 6 feet high and shall not exceed 8 feet in height. The design, screening and
materials of the fence shall be approved by the Planning Department prior to its
installation. Any fence over 6 feet in height requires issuance of a building permit.
Material/vehicles shall not be stacked higher than eight feet, or otherwise extended
higher than the height of the adjacent fence enclosing the area.
4
The Modification of the vehicle parking surface requirement shall include only the
vehicle parking surface for stored vehicles. The vehicle parking surface for the customer
parking area near the proposed office trailer shall conform to Public Works standards for
vehicle parking surfaces.
Construction activities and the vehicle storage/dismantling area shall comply with the
San Joaquin Valley Air Pollution Control District Regulation VIII regarding fugitive
dust.
Freon, automobile related fluids such as gasoline, oil, and antifreeze, shall be completely
removed from all vehicles. Such fluids shall be stored, recycled and disposed of
according to regulations of the Kern County Environmental Health Department. Freon
shall not be released into the atmosphere and removal fluids shall be done over a
concrete base to avoid seepage into the ground.
The applicant shall obtain a special inspection from the Building Department to
determine if the existing structures which were constructed without building permits
comply with Building Code requirements. This special inspection shall be obtained
within 30 days of approval of this conditional use permit.
5
III. SITE PLAN COMPLIANCE LIST
The following are specific items that the Site Plan Review Committee has noted that you need to resolve
beforeyoucanobtainabuildingpermitorbeallowedoccupancy. Theseitemsmayincludechanges
or additions that need to be shown on the final building plans, alert you to specific fees, and/or are
comments that will help you in complying with the City's development standards. Each item will note
when it is to be completed and they have been grouped by department so that you know who to contact
iJ?ou have questions.
A. DEVELOPMENT SERVICES - BUILDING (staff contact- Phil Burns (661) 326-3718)
The applicant shall submit 4 copies of grading plans to the Building Division. You
must submit a report to the Building Division before they can issue a building permit.
2. Show on the f'mal site plan how and where water will be drained from the property.
3. Mobile homes/commercial coaches shall be installed upon a permanent foundation.
Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new
signs, including future use and construction signs. Signs must comply with the Sign
Ordinance.
Include in the final site plan documentation or changes to the plan showing that the
project complies with all disability requirements of Title 24 of the State Building Code.
The Building division will access school district fees at the time they issue a building
permit.
B. 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:
600 square foot office/trailer/1 space per 230 square feet = 3 spaces
~ote: 5 spaces proposed on plan)
The applicant shall submit one (1) copy of the final landscape plan to the Planning
Division, and include a copy of this plan with each set of the final building plans.
Building permits will not be issued until the Planning Division has approved the final
landscape plan for consistency with approved site plans and minimum ordinance
standards (please refer to the attached standards - Chapter 17.61).
Approved landscaping, parking, and other related site improvements shall be installed
and inspected by the Planning Division before final occupancy of any building or site.
Please schedule final inspections with Dave Reizer (661) 326-3673).
Parking lot lighting is required by the Bakersfield Municipal Code (Section
17.58.060A). Lights shall be designed, arranged, and shielded to reflect light away
from adjacent residential properties and streets. All light fixtures shall be between 15'
and 40' above grade with illumination evenly distributed across the parking area.
Lighting direction and type of light fixture shall be shown on the fmal site plan or
included with the building plans.
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).
Open storage of materials and equipment shall be surrounded and screened with a solid
wall or fence (screening also applies to gates). This fence shall be at least 6 feet in
height and materials shall not be stacked above the height of the fence. ~ote: A taller
fence is allowed in commercial and industrial zones. A building perrnit is only required
for fences and walls over 6feet in height.)
C. FI DEPA TM T (staff contact- Greg Yates (661) 326-3939)
Show on the final site plan all on-site fire hydrant locations and required fire flows.
Based upon the available information, the fire flow requirement may be 3,500 gallons
per minute.
To provide adequate fire protection during construction, the applicant shall install 1 fire
hydrant as shown by staff on the returned site plan, or provide an alternative fire
suppression program as approved by the Fire Department before final site plan approval.
The applicant is required to purchase all fire hydrants from the Fire Department.
The applicant shall give the Fire Department one set of the engineered water plans
before the issuance of any building permits.
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division of the Fire Department may require a hazardous material management
7
plan before you can begin operations. Please contact them at (661) 326-3979 for further
information.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division of the
Fire Department is required to install and operate these tanks. The Environmental
Services Division may also require a Spill Prevention Control and Countermeasure Plan
before you can begin operations. Please contact them at (661) 326-3979 for further
information.
D. PUBLIC WORKS - ENGINEERING (staff contact - Harry Afshar (661) 326-3576)
The applicant shall construct or enter into an agreement with the City Engineer to
construct curbs, gutters, cross gutters, sidewalks, and street/alley paving on East
Pacheco Road and Cottonwood Road according to adopted city standards for collector
streets (Pacheco Road) and arterial (Cottonwood Road). These improvements shall be
shown on the final site plan submitted to the Building Division before any building
permit will be issued or occupancy of the site will be permitted. The City Engineer may
permit these improvements to be phased in accordance with the overall phasing of the
project.
The applicant shall construct new connections to the public sewer system if it is within
1,000 feet as required by Section 15.28.050 of the Bakersfield Municipal Code. This
connection shall be shown on the final plan submitted to the Building Division before
any building permits are issues or occupancy of the site may be granted.
Ifa grading plan is required by the Building Division, a building permit will not be
issued until the grading plan is approved by both the Public Works Department and
Building Division.
Before you occupy the 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 f'md out what improvements will
be required.
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.
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.
8
Eo
A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued, or if no building permit is required, before occupancy of the site. This
fee will be based at the rate in effect at the time the permit or occupancy is granted.
Based on the fee schedule in effect for the 1999-2000 fiscal year and the proposed use
the rate would be $38. for each vehicular trip. The Public Works Department will
calculate an estimate of the total fee when you submit construction plans for the project.
PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg (661) 326-3997)
Show on the final plan 30' (top-to-top) wide drive approach(es) as indicated by staffon
the returned site plan. Drive approaches must be centered on drive aisles.
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn (661) 326-3114)
Show on the final plan 1, 6' x 8' refuse bin enclosure(s) designed according to adopted
city standards (Detail #S-43). Before occupancy of the building or site is allowed, 1, 3
cubic yard front loading type refuse bin(s) shall be placed within the required
enclosure(s).
Before occupying the property, you must contact the staff person above to establish the
level and type of service necessary for the collection of refuse and/or recycled materials.
Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
The Solid Waste Division will determine appropriate service levels for refuse collection
required for a project. These levels of service are based on how ot~en collection occurs
as follows:
· Can or cart service --
· Front loader bin service --
· Roll-offcompactor service --
1 cubic yard/week or less
I cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
LOCATION:
PLANNING DEPARTMENT
STAFF REPORT
Chair and Members of the Board of Zoning Adjustment
Stanley Grady, Planning Director
July 13, 1999
Conditional Use Permit No. P99-0297
A Conditional Use Permit to allow an automobile dismantling and storage
facility and a Modification to waive the requirement to pave the vehicle
parking surface in a 7.3 (Heavy Industrial) zone district.
Marino & Associates
6105 Preston Court
Bakersfield, CA 93309
4525 Cottonwood Road
APN# 172-070-03
OWNER:
Manriquez Towing
1103 Fargo Street
Bakersfield, CA 93307
RECOMMENDATION:
Adopt the attached resolution with all findings and conditions, APPROVING the
Negative Declaration and APPROVING Conditional Use Permit No. P99-0297 as depicted in
the project description.
PROJECT ANALYSIS:
Project Description/Facts
The applicant is requesting a Conditional Use Permit to allow an automobile
dismantling and storage facility on 10.28 acres of a 19.99 acre parcel (Tentative Parcel Map
10347). The use has been in operation on the site without the benefit of proper permits and
approvals and staff has been working with Code Enfomement to legalize the use. The parcel
BZ4 $YaffReport Prepared by: (LAP)
(p99-0297)
page 1
currently has a residential structure and an accessow structure which was also constructed
without permits. The plan submitted for approval contains a proposed trailer for use as an
office and proposes to allow the existing residential structure and accessory structure to remain
as a caretaker unit. No other structures are proposed. Five parking spaces are proposed for
customer parking near the office trailer.
The applicant is also asking for a Modification of the vehicle parking surface
requirements to permit a gravel base with an approved dust binder rather than an asphalt or
concrete parking surface as is required by ordinance. The applicant proposes to improve the
site (provide the approved vehicle parking surface and all other required development
improvements) in phases beginning with a 3.93 acre portion of the parcel (located
approximately 160 feet south of the northern property line), followed by a second 3.93 acre
portion (Phase 2) located immediately south of the first phase, then a 2.42 acre portion (Phase
3) located adjacent to the northern property line. The remainder of the parcel (9.71 acres) at
the comer of Cottonwood and Pacheco Roads (southern property line) will remain
unimproved.
The applicant's did not provide a time schedule for their proposed phasing plan. This
plan would be subject to the time restrictions contained in the zoning ordinance for approvals
under the site plan review process. For purposes of clarification, since the use has already
begun, issuance of permits and/or other related approvals (i.e. grading plan) will establish the
date that the use is "legally commenced" for purposes of determining the stares of the
conditional use permit.
The area is zoned for heavy industrial uses. There are residences which are currently
located on the east side of Cottonwood Road that are also located in a heavy industrial zone.
The Casa Loma Specific Plan requires that future uses in the area will be consistent with the
7.3 (Heavy Industrial) zoning with no residential encroachment. The southeast comer of East
Pacheco and Cottonwood Road is zoned agricultural and also permits residences to be
constructed in conjunction with the agricultural development.
Zoning and General Plan Consistency
The General Plan designation of the site is HI (Heavy Industrial), with existing zoning
of 7.3 (Heavy Industrial). Uses permitted within the Heavy Industrial zones may produce
significant air or noise pollution and may be visually obtrusive such as the proposed
automobile dismantling and storage yard. The zone allows automobile dismantling and storage
yards subject to approval of a conditional use permit. The conditional use permit is a means of
placing controls on the scope of the use and can be used to clearly establish its boundaries for
purposes of identifying any expansion of the use. The project as conditioned is consisted with
the General Plan and meets all development standards of the heavy industrial zones.
BZA Staff Report Prepared by: (LAP)
(p99-0297)
The proposal constitutes a readily available and economically feasible means of
confining disabled vehicles which will lessen the number of these vehicles left abandoned in
area neighborhoods. Automobile storage and dismantling facilities are sometimes deemed to
be incompatible with most other land uses because the accumulation of inoperative vehicles
and debris is generally unsightly, they produce excessive noise, and they can be an attractive
nuisance. Staff has included in the "conditions of approval," specific measures to mitigate the
and aesthetic impacts by requiring that the applicants construct an attractive fence that shields
the facility from view. In addition, city development standards will require landscaping on the
exterior of the fence to help to make the facility more attractive.
ENVIRONMENTAL REVIEW AND DETERMINATION:
The property is located within the Casa Loma Specific in an area designed for Heavy
Industrial development. It is located at the northwest comer of Cottonwood Road and East
Pacheco Road. The topography of the area is relatively fiat
The general plan designation, zoning and existing uses of the site and surrounding
properties are shown in the following table:
DESIGNATION ;: DISTRICT; : r
SITE 7.3 HI Automobile Dismantling/Storage Yard
North 7.3 HI Vacant Land
South A A Agricultural land (currently not in production)
East HI 7.3 Rural Residences
West 7,~ HI Soil Cleanin~ Facility
Public notice for the proposed project and environmental determination was advertised
in the Bakersfield Californian and posted on the bulletin board in the City of Bakersfield
Development Services Building; 1715 Chester Avenue; Bakersfield, California. All property
owners within 300 feet of the project site were notified by United States mail on May 17, 1999
regarding this public hearing in accordance with city ordinance and state law.
Based upon an initial environmental assessment and evaluation according to the
California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA
BZA Staff Report Prepared by: (LAP)
(p99-o29D
Implementation Procedures, it has been found that this project will not significantly affect the
environment. A Negative Declaration has been prepared and is attached to this report.
A. Vicinity Map
B. Site Plan
C. Initial Study
D. Draft Resolution
E. Site Plan Compliance List
BZA Staff Report Prepared by: (LAP) ~ ~ ~ ,
(p99-0297) p~age 4~., ,-
EXHIBIT A
CONDITIONAL USE PERMIT
P99-0297
EAST WHITE LANE
5.6
7.3/3.3
7.3
7.3/3.3
COUNTY
E(1/2)RS
E(1/2)RS
EAST PACHECO 20
A
ZONING LEGEND
Casa Loma S~eciflc Plan 3.3 -- Public Facilities (special uses)
56 -- Residential (2.5 ac/unit)
7.3 -- Heavy Industrial
County Zones:
A -- Agriculture
E(%)RS -- Estate (~ ac lot rain)
Residential Suburban
7,3
21 ROAD
A
o 6o0
T30S, R28E ,,,,,,,
EXHIBIT C
INITIAL STUDY/
NEGATIVE DECLARATION
The City of Bakersfield Planning Department has completed an initial study of the possible
environmental effects of the following described project and has determined that a Negative
Declaration is appropriate. This determination has been made according to the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield
CEQA Implementation Procedures.
PROJECT NO:
APPLICANT:
LOCATION:
Conditional Use Permit No. P99-0297
Marino & Associates
6105 Preston Court
Bakersfield, CA 93309
4525 Cottonwood Road
PROJECT DESCRIPTION:
A Conditional Use Permit to allow an automobile dismantling and storage facility in a 7.3 (Heavy
Industrial) zone district.
ENVIRONMENTAL SETTING:
The property is located within the Casa Loma Specific in an area designed for Heavy Industrial
development. It is located at the northwest corner of Cottonwood Road and East Pacheo Road.
The topography of the area is relatively flat.
MITIGATION MEASURES - Included in the proposed project to avoid potentially significant
effects (if required):
None Required.
nd_is.cpg
oject No. P99-0297
I. ENVIRONMENTAL CHECKLIST
EFFECT ~ IMPACT MITIGATION EFFECT IMPACT
EARTH CULTURAL RESOURCES
Geologic Hazards / ,/ Historical
Erosion/Sedimentation v' ,/ PUBLIC SERVICES
Topography ,/ v' Police
WATER QUALITY/QUANTITY Fire
I
Groundwater ,/ / Schools
Sudace Water / / Parks/Recreation
Flooding/Drainage / v' / Solid Waste Disposal
AIR Facility Maintenance
Air Quality / I v' UTILITIES
Climate/Air Movement , '/! I v' Water
Odors t ,/ / Wastewater
BIOLOGICAL RESOURCES [ Storm Drainage
Plants I / i! I / t Natural Gas
Animals ,/ / Electricity
Rare/Endangered Species t ,/ / [! Communication
Habitat Alteration [ i'/ Ii i /
,/ ./ NATURAL RESOURCES ;: /
PrimeAg. Land Loss i ,/ ~' / ENERGY USAGE
(NOTE: ENV;RONMEN'r,~ L DISCUSSION RE(;A~'DIN(; TIlE ABOVE IMPACTS IS ATTACHED.)
S = Signiticant P = Potentially S gni~qcant ! = InsignificanL"4o Ef[ccl Y = Yes N = N{ ()RI) = O~dinance Requirement
ENVIRONMENTAL DISCUSSION
Conditional Use Permit No. P99-0297
I. ENVIRONMENTAL IMPACTS
EaCh
Soils - Construction of the project will result in 10.28 acres of soil to be disrupted, compacted, displaced, over
covered and/or uncovered by grading, filling, trenching, installation of drainage facilities, and other necessaD'
ground preparation activities. City ordinances require that soils and grading reports be prepared and approved
before issuance of building permits to reduce impacts. In addition, adherence to applicable building codes will
also reduce impacts. Therefore, this effect is insigmficant.
~ - The site does not contain any unique geologic or physical features. The proposed project
xvill not create an unstable earth condition or cause changes to any geologic substructure. The project xvill not
expose people, structures, or property, to major geologic hazards such as landslides, mudslides or ground failure.
Although no specific geologic hazards are kno~vn to occur within the boundaries of the project site, there are
many geologic fractures in the earth's crust within the San Joaquin Valley which is bordered by major, active
fault systems. Therefore, any development within the Metropolitan Bakersfield area may be subject to seismic
hazards. City development standards will require the project to comply w'ith appropriate seismic design criteria
of the Uniform Building Code, drainage facility criteria, and approval of preconstruction soils and grading
studies. As the site is outside the Alquist-Priolo Seismic Zones. no special seismic studies are required for this
site before building structures for human occupancy.
Erosion / Sedimentation - The proposed development will not adversely affect rivers, streams, canals or beaches.
City ordinances require that erosion, siltation or deposition of soils from the site by water runoff not occur
either during development of the project, or through drainage of the site after construction. Wind erosion and
fugitive dust may occur during the construction process: however, normal use of water spraymg ~vill control wind
erosion impacts and should not be considered sigmfieant.
~ - The slope of the natural terrain of the site is flat. Project development xvill not result in a
significant change to the topography and/or ground surface relief features.
W er Ii uan i
Groundwater - The project will not alter the direction or rate of flow, or substantially deplete the quantity of
groundwater resources, either through direct additions or withdrawals~ or through interception of an aquifer by
cuts or excavations. The project will not contaminate a public water supply, substantially interfere with
groundwater recharges or substantially degrade water quality. The mUmcipal water district xvill provide domestic
water service to the development; however, the cumulative impact to the water table will be negligible and
insignificant.
~ - The project will not result in discharge into any surface water, or significantly alter surface
water quality., including but not limited to temperature, dissolved oxygen or turbidity. The proposal will not
contaminate any public water supply. The proposal will not result in changes in the currents or the course or
direction of natural surface water movements.
~ - The project will not result in changes to the course or direction of freshwater currents, or
result in changes to the amount of surface water as the site does not contain, nor will the proposal mlg?~, ah~
Emqrommental Discussion
Conditional Use Permit No. P99-0297
Page 2
rivers, streams or canals. The site is not in an area subject to flooding. Therefore, the proposal will not expose
people or property to water-related hazards such as flooding or tidal waves. Changes in absorption rates~
drainage patterns, and the rate and amount of surface water runoff will change as the project is developed.
However, City ordinances require that the project must comply with drainage facility, criteria, and approval of
preconstruction soils and grading plans according to City Public Works and Building Department standards.
Air
Air Oualitv - The project 4411 not substantially increase in air pollution emissions, nor will there be a substantial
deterioration of ambient air quality by development of this project. The proposal will not violate any ambient
air quality standard, contribute substantially to existmg or projected air quality, violations, or expose sensitive
receptors to substantial pollutant concentrations.
Short-term, non-si~ificant, air pollutant impacts will be generated on and off-site during construction of the
prOject, including sources such as: dust from trenching, grading and vehicles: exhaust emissions from motor
vehicles and construction equipment: and, emissions from asphalt paving of parking lots and roadways. Normal
use of water spm.ving as required by the San Joaquin Unified Air Pollution District will control dust impacts and
should not be considered sigmficant. Although there would be short and long-term air quality impacts from
mobile sources of pollutants generated by the estimated daily volume of vehicles (see transportation) produced
by the proposal, there will not be a substantial increase in air pollution emissions, nor will there be a significant
deterioration of ambient air quality. The proposal will not violate any ambient air quality standard, contribute
substantially to e.,dstmg or projected air quality violations, or expose sensitive receptors to substantial pollutant
concentrations.
Clima Air Movem t - The proposed project xvill not significantly alter air movement, moisture, temperature
and/or results in any change to climates, either locally or regionally.
Odors - The proposed use is not anticipated to create significant objectionable odors that would affect
neighboring uses or residents.
Biological Resources
Plants - New plant species will be introduced because of ornamental landscaping. A barrier will be created to
the normal replenishment of existing plant species as the site will be completely developed. Although existing
species of plants on-site will be removed through urban development, the proposal will not entirely eliminate a
plant community or substantially diminish or reduce wildlife habitats. These effects of urban development are
not considered significant.
Animals - A barrier will be created to the normal replenishment of existing animal species as the site will be
completely developed. Although existing species of animals on-site would be removed through urban
development, the proposal will not entirely eliminate a wildlife community or substantially diminish or
significantly reduce wildlife habitats. These effects of urban development are not considered significant.
n r ci - Permits and approvals for development associated with this project will be subject
to the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated 10(a)(1)(B) and 2081
permits issued to the Cit3_' by the U.S. Fish and Wildlife Service and State Department of Fish and Game,
respectively. Terms of the permit require applicants for development projects to pay habitat mitiga~t~Oh~'fe~'~(
Environmental Discussion
Conditional Use Permit No. P99-0297
Page 3
excavate known kit fox dens and notify, agencies before grading. The Metropolitan Bakersfield Habitat
Conservation Plan may be reviewed at the following location: City of Bakersfield. planmng Department. 1715
Chester Avenue, Bakersfield, CA, 93301, (805) 326-3733.
Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated or feral species
of animals into the ama. The project may result in the creation of a barrier to the migration or movement of
animals from the surrounding urban lands. These impacts to wildlife habitats are considered in the Final
Environmental Impact Report for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), and are
not considered significant for the project proposed.
The proposed project is not "significant" according to CEQA, and a Certificate of Fee Exemption has been made
with the Califomia Department of Fish and Game. The project will not individually or cumulatively adversely
affect wildlife resources, as defined in Section 711.2 of the Fish and Game Code. See attached De Minimis
Impact Findings.
Transnortation
Traffic/Circulation - The proposed project will generate additional vehicular movement but will not cause an
increase in traffic which is substantial in relation to the existing traffic load (volume) and capacity of the street
system, and will not substantially affect existing transportation systems. The project will not significantly alter
present patterns of circulation or movement of people and/or goods. The City Traffic Engineer has reviewed
the proposal and detenmned that the traffic generated is less than significant to the existing transportation system
and will not require a specific traffic analysis. The development is subject to both local and regional traffic
impact fees adopted by the City Council to mitigate both on-site and off-site effects of the specific proposal on
the city's street network to less than sigmficant.
Parking - The proposal xvill increase the demand for parking. However, present city ordinances require that the
project contain sufficient on-site parking based on the specific use(s) so as not to adversely affect existing
parking facilities in the area. Therefore, tlfis effect is not considered significant.
~ - There will be no known sigmficant increases in traffic hazards to motor vehicles, bicyclists.
or pedestrians from the proposed project. Required traffic safety measures will reduce any hazards to be less
than significant.
Air/Water/Rail Systems - The project will not sigmficantly affect existing or planned waterborne, rail, or air
traffic.
Land Use
Comnatibilitv - The existing land uses surrounding and adjacent to the project site are identified in Table A.
These uses am compatible with the proposed project. Approval of the proposal will not conflict with adopted
environmental plans or goals of the community, disrupt or divide the physical arrangement of an established
communiW, or create a significant land use compatibiliB, problem.
Enx4ronmental Discussion
Conditional Use Permit No. P99-0297
Page 4
TABLE A
Land Uses and Zoning of Site and Adjacent Properties
LOCATIoN }~: TION; i; LAND USE
SITE HI HI Automobile Storage & Dismantling
(Unauthorized1
NORTH HI 7.3 Vacant Land
SOUTH A A Al~ricultural Development
EAST HI 7.3 Rural Residences
WEST HI 7.3 Soil Cleanm~ Facility.
General Plan/Zonme - The site is presently destgnated HI (Heavy Industrial) and zoned 7.3 (Heavy Industrial).
The proposal will not result in a substantial alteration of the present or planned land use of the area, as no land
use amendments or zoning changes are proposed with the project. The proposal is consistent ~vith the
Metropolitan Bakersfield 2010 General Plan policies and implementation measures and will not sigmficantty
conflict with present or planned land uses in the area. The project is also consistent with the purpose and intent
of the Bakersfield Zoning Ordinance with respect to the use and related development standards.
ro ~_Q.rg_~h_~lg.qg_~ - The proposed project will not induce substantial growth as it is consistent with the existing
development pattem~ established general planmng and zoning in the arem and planned growth as exatmned in
the Metropolitan Bakersfield 2010 General Plan.
Prim A n~l r I L - No agricultural crops currently exist on the site and it does not contain prime
agricultural soils. Removal of 10.28 acres of land through the proposed project will not convert prime
agricultural land to nonagricultural use or impair the agricultural productivity, of prime agricultural land in the
area.
~ -The proposal is an infill development where the site has already been significantly disturbed
from adjacent development, utility installation, street construction, and installation of other urban-related
improvements. A surface survey is therefore, not needed for this project. In the event unanticipated
archaeological or paleontological resources are discovered during project construction, the developer will be
required to retain a qualified archaeologist to evaluate the significance of the finding and appropriate course of
action subject to the requirements of CEQA. and the Native American Heritage ConmUssion regarding Native
American remains.
Historical/Cultural - No known historical/cultural structures or other resources are on the site that the proposal
will affect. The project will not eliminate important examples of the major periods of California history_ or
prehistory, destroy historical/cultural resources, adversely affect physical or aesthetic characteristics, affect
unique ethnic cultural values, or restrict religious or sacred uses.
Envimnmemal Discussion
Conditional Use Permit No. P99-0297
Page 5
Public Services
Police - The proposal will not decrease existing police protection in the area. These services are currently
provided and planned to remam at their present level of support through property tax increases generated by this
development; therefore, the effect is not significant.
Fir~ - The proposal will not decrease existing tim service m the area. These services are currently provided and
planned to remam at their present level of support through property, tax increases generated by this development:
therefore, the effect is not significant. In addition, the project must meet all requirements of the Uniform Building
and Fire Codes regarding fire safe~.
Schools - The proposed project will not significantly affect existing or planned school facilities. The
development is subject to appropriate school impact fees as adopted by the local districts affected to mitigate
anticipated impacts.
Parks / Recreation - The project will not affect the quality or quantity of existing recreational opportunities or
create a substantial need for new parks or recreational facilities not already planned m the area.
Solid Waste / Dist>osal - The proposed project will not result m a need for significant new or substantial
alterations to existing solid waste disposal systems. The development will not breach published national, state
or local standards relating to solid waste or litter control. The site is subject to mandatory solid waste pickup
and onsite facility design will be required to meet minimum city standards.
Facility Maintenance - Street or other public facility improvements from the proposal will not result in a
significant increase in mamtenanee responsibility for the City of Bakersfield. These services are currently
provided and planned to remam at their present level of support through property, tax increases generated by this
development; therefore, the effect is not significant.
Utilities
Water - Domestic water service is presently available to the site with minimal on-site lines needed to attach to
the delivery system. The proposed development will not result in a need for significant additional systems or
substantially alter the existing water utilities in the area.
Wastewater - Wastewater services are presently available to the site with minimal on-site lines needed to attach
to the system. The proposed development would not result in a need for significant additional systems or
substantially alter the existing wastewater utilities in the area. The proposed project will not require the
extension of any sewer trunk line that will serve new development.
~ - Storm drainage facilities are presently available to the site with minimal on-site work needed
to attach to the system. The proposed development would not result m a need for significant additional systems
or substantially alter the storm drainage systems in the area. Expansion of storm dram utilities will be required
to serve this development, but the impact is not considered significant.
Natural Gas - Natural gas services are presently available to the site with minimal on-site work needed to a ~t~ ~ch
to the delivew system. The proposed development would not result ~n a need for s~gmficant addit~ona[,o_r,y~eitis%:
Environmental Discussion
Conditional Use pernut No. P99-0297
Page 6
or substantially alter the natural gas systems in the area.
Electricity - EleCtric services are presently available to the site with minimal on-site work needed to attach to the
delivery system. The proposed development would not result in a need for significant additional systems or
substantially alter the electricity systems in the area.
~ - Communication services are presently available to the site with minimal on-site work needed
to attach to the delivery system. The proposed development will not result in a need for sigmficant additional
systems or substantially alter the communications systems in the area.
Popldation / Housing / Employment
The project will not significantly alter present population patterns, distribution, density (existing or planned),
or the growth rate. The proposal will also not adversely affect existing housing or create the need for additional
unplanned housing in the area.
The proposal may affect, in a beneficial way, the temporary and permanent income distribution, employment.
and/or tax revenues of the city and county. The project will not, however, result in significant reduced
employment opportunities for low and moderate income socioeconomic groups, or adversely affect social
affiliation or interaction of the neighborhood.
Health Hazards / Public Safety
No health ba?ards or potential hazards to people or plant or animal populations xvill be created from the proposed
development. The proposal does not involve a risk of explosions or releasing hazardous substances (including
but not limited to oil, pesticides, chemacals, or radiation) in case of an accident or upset conditions. The project
will not attract people to an area and expose them to hazards found there, nor will the project interfere with
emergency response plans or emergency evacuation plans. The project is not on the most current hazardous
wastes and substance's site list according to Section 65962.5 of the California Government Code.
Noise
Ambient noise levels will increase through any urban ts.?e of development but not sigmficantly by construction
of this project. Tspical development standards including building setbacks, walls, and landscaping will prevent
substantial increases in the ambient noise levels of the adjoining area and will not expose people to severe noise
levels. Some additional noise will be associated with construction of the project but current ordinances restrict
this as to the time it can take place, and it is temporary in nature. Therefore, noise impacts will be less than
significant.
Aesthetics
The proposed use will alter the open space qualities of the area to a minor degree. The proposed project is not
intending any development that would result in the obstruction of any scenic vista or view open to the public,
nor will the proposal result in the creation of an aesthetically offensive site open to public view. Landscaping,
overlook restrictions into residential areas, and root~op screening of mechanical equipment are
Environmental Discussion
Conditional Use Permit No. P99-0297
Page 7
measures that will reduce effects to be less than significant. Development of the project will not have a negative
affect on the aesthetics of the area.
Recreation
The proposal ~vill not adversely affect existing or proposed recreational oppomuuties in the neighborhood or
adversely affect regional facilities.
Lieht and Glare
Light and glare will increase from eleCtrical lighting facihties necessary, for the proposed use. Existing ordinance
standards require that building location, material selection, lighting design, parking and sign placement is such
to reduce effects and that buffer proposed light impacts from surrounding developments. Therefore, proposed
uses should not cause significant light or glare to existing or future development surrounding the site.
Natural Resources
The proposed project will not significantly increase the rate of use of non-renewable natural resources or
adversely affect such resources that may exist on the site.
The proposed development will not result in sigmflcant irreversible environmental changes, including uses of
nonrenewable energy resources, during the imtial and continued phases of the project. The project will not result
in sigmficant energy requirements or lack of energy efficiency by amount or fuel .type of a project's life cycle.
The proposal will not result in significant effects on local and regional energy supplies or on requirements for
additional energy capacity or sources, nor will the project result in significant effects on peak and base period
demands for electricity_ and other forms of energy.. The project will not conflict with existing energy standards,
nor will it encourage activities which result in the wasteful or substantial use of significant amounts of fuel,
water, or energy. The project will not result in sigmficant effects on projected transportation energy requirements
or in the project's overall use of efficient transportation alternatives.
II. MANDATORY FINDINGS OF SIGNIFICANCE
Potential to Degrade the Environment: The project does not have thc potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a plant or ammal community, reduce the number or
restrict the range ora rare or endangered plant or animal, or affect important examples of the major periods of
California history or prehistory.
Short-term vs. Lone-terra Effects: The project does not have the potential to achieve short-term environmental
goals, to the disadvantage of long-term environmental goals as it is consistent with adopted environmental plans.
~lllll~l]~,,~[~: The project does not have impacts which are individually limited, but cumulatively
considerable or for which the incremental effects of an individual project are considerable when viewed
concerning the efforts of past prOJects, then current projects, and possible future projects.
Environmental Discussion
Conditional Use Permit No. P99-0297
Page 8
Substantial Adverse Effecg~: The project does not have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly.
Reference List
Metropolitan BakersfieM 2010 General Plan and Appendices, City. of Bakersfield, Kern Count', Kern COG,
Golden Empire Transit, March 1990.
Metropolitan BakersfieM 2010 General Plan DEIR, The plannmg Center. July, 1989.
Metropolitan BakersfieM 2010 General Plan FE1R. SCH #8907032, City of Bakersfield, County. of Kern.
KCOG, Golden Empire Transit, September, 1989.
FEIR Metropolitan Baker~eMHabitat Conservaaon Plan. Thomas Reid Associates for the Cit.v of Bakersfield
and Kern Count).', March 1991.
Metropolitan BakersfieM Habitat Conservation Plan, Advisory Notice to Developers, 10(a)(I)(B) and 2081
permits~ 1994.
Title 17. Zoning Ordinance, Bakersfield Mumcipal Code.
Title ] 6. Subdivision Ordinance. Bakersfield Municipal Code.
II. MANDATORY FINDINGS OF SIGNIFICANCE
Does the project have the potential to degrade lne quality of the enviromnent, substantially reduce the habitat of a fish
or w~ldlife species, cause a fish or wildlife population to drop be!ow self sustaining levels, threaten to eliminate a plant
or animal community, reduce the number or restrict the range of a rare or endangered plant or anhnal species, or eliminate
important examples of the major periods of California history or prehistory?
Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals?
(A short term impact on the environment is one qf vchich occurs itt a relatively bric[ dqfinite period q['time while long-term
impacts **ill endure well into the .fillt#'e, )
Does the project have impacts which individual!v limiled bu: cumulaliv .iy considerable? (A project may impact
on two or more separate resources ,attere the ingoact on each resource L~' relatively *malL bul ~tere the effbet of the total
of those impacts on the environment is significant).
Does the project have envirnnmental effects which will cause substanlial adverse effects on human beings.
either directly or indirectly?
Y N
III.
FINDINGS OF DETERMINATION
(Projects where a Negatiw Declaration or EIR i~as nol been previously laepared~ or where a previous document will not be utilized.)
ON THE BASIS OF THIS INITIAL EVALUATION (check one):
It has been found that the proposed project COULD NOF have a significant effect on the environment; therefore, a NEGATIVE
DECLARATION will be prepared.
It is been found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this
case because MITIGATION MEASURES, as identified in the Discussion of Environmental Impacts, have been incoq~orated into the project:
therefore, a NEGATIVE DECLARATION will be prepared.
It has been found that the proposed project MAY have a significaut effect on the environment, and an EIR (ENVIRONMENTAL IMPACT
REPORT) will be prepared.
PREPARED BY (print): I/ouise PaJmer. Associate Planner
DATE: May 14. 1999