HomeMy WebLinkAboutRES NO 20-94RESOLUTION NO. ~ 0 "9 4
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
II OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 4-93).
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, DECEMBER 13, 1993 and THURSDAY, DECEMBER 16, 1993,
on Segment II of 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 Segment II of the proposed amendment to the Land Use
Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT II:
PORTER-ROBERTSON ENGINEERING has applied to
amend the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of a change from
OC to GC on 15.5 +/- acres, located northeast of Stockdale
Hwy. and California Avenue;
and
WHEREAS, for the above-described Segment, an Initial Study was
conducted, and it was determined that the proposed project would not have a significant
effect on the environment, and a Negative Declaration with mitigation was prepared;
and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff and the
Planning Commission; and
WHEREAS, by Resolution No. 66-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of Segment II subject to conditiofis
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, FEBRUARY 9, 1994, on the above described Segment II of
the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, notice of time and place of the hearing having been given at least
ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as recommended, will not have a significant effect on the environment. A
Negative Declaration was advertised and posted on October 26, 1993.
4. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The amendment of the General Plan, as recommended, is
compatible with the existing land use designations and development adjacent to the site.
6. The amendment to the General Plan, as recommended, is consistent
with the Metropolitan Bakersfield 2010 General Plan policies and goals.
7. The proposed amendment is an expansion of the existing GC
(General Commercial) designations located adjacent to the site.
8. The applicant's proposed conditions of approval numbers 15 and 16
are difficult for the City to monitor and are therefore inappropriate as conditions of
approval.
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 Negative Declaration for Segment II is hereby approved and
adopted with mitigation listed in Exhibit "A".
2
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 Segment II of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, constituting changes as shown on the map marked Exhibit "B" and
development in accordance with Exhibit "C," attached hereto and incorporated as though
fully set forth, for property generally located northeast of Stockdale Highway and
California Avenue, subject to conditions of approval and mitigation measures in Exhibit
5. That Segment II, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 4-93.
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
FEB 0 ~ ~ by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
~A P~ of th~sfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATI~ORNEY of the City of Bakersfield
MO:pjt
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February 11, 1994
4
EXHIBIT "A"
General Plan Amendment 4-93, Segment 1I
Zone Change No. 5516
Conditions of Approval
Aoolicant's Conditions:
A masonry way shag be constructed between the proposed PCD property and the adjacent
property that is residentlaYyzoned either R-1 or R-2. This waY shall be a minimum of ten feet
tall on the PCD property side of the wall and it shag be in place prior to commencement of any
demogtlon or construction activity on the project site.
As shown on the PCD site plan, a 10' wide landscaped setback shall be constructed on the PCD
property side of the masonry wag.
As shown on the PCD site plan, a drainage sump shay be constructed in the northeast corner of
the PCD property.
A wrought iron fence a minimum six feet tall shall be constructed along the eastern most property
line separating the PCD property from the C-O property to the east. The wrought iron fence
shag be constructed prior to commencement of construction on the Occidental Petroleum
property at 5000 Stockdale Highway.
Roof mounted mechanical equipment on the major retail buildings shall be mounted on the
southern half of the roof of the building.
Exterior lighting on the north side of the major retail buildings shay be designed to avoid direct
illumination to the residential properties subject to approval of Planning Director.
7. The truck delivery court shall be enclosed with masonry walls not less than ten feet in height.
Degvery trucks shag be limited to the period between 7 a.m. and 10 p.m. for making degveries to
the truck delivery court facigty.
9. The developers, at their expense, shaY:
a)
Remove the existing pipe supports and wood fence leaving the masonry retaining way in
place.
b) Construct the new masonry wall adjacent to the south side of the existing retaining waY.
c)
Install a concrete cap on top of the existing retaining way that is flush with the northern
side and extends to meet the northern side of the masonry wall. The construction of the
masonry way is detailed in the attached Figure 1.
10.
The developers shall give the adjacent residential property owners two weeks notice prior to
commencing with the fence removal and construction of the new masonry wag. Evidence of such
coordination must accompany request for demogtion permit.
Exhibit "A"
GPA 4-93. Seg. 1I: Zone Change ~5516
Page 2
*8. O0 '
+6.00'
R=I ~ROPERTY
NEW CONCRETE
CAP
~ +0.00'
EXISTING
RETAINING
WALL
EXISTING
FOOTING
=ROPERTY
LiNE
PCD PROPERTY
,<: NEW CONCRETE
BLOCK WALL
NEW FOOT I NG
.V~ASONRY WALL DETAIL
FIGURE I
Exhibit"A"
GPA4-93, Seg. lI;ZoneChange#5516
Page 3
11.
The developers shall coordinate with adjacent residential property owners and allow them to select
from the "standard integral colors" selected by the developer, for the concrete block color that will
be used. Evidence of such coordination must accompany request for demofttion perm/t.
12.
The developers shaft coordinate with each of the adjacent residential property owners and allow
them to select the types of trees that they would prefer to have planted in the landscape easement
adjacent to their property. Selection wift be from the list of approved trees designated for this
project. Evidence of such coordination is to accompany request for any landscaping or site plan
review.
Plannino Department Conditions:
The applicant/developer shall provide two bus stop locations for the project site. One bus stop
along the north side of Stockdale Highway and the other along the east side of California Avenue.
The bus stop pad size shaft be 15 feet by ten feet minimum with the specific location and
geometric configuration of the sites approved by the Golden Empire Transit District. The Golden
Empire Transit District will be given 30 days to respond prior to site plan review approval or it
wift be deemed approved subject only to City of Bakersfield Traffic Engineer. The site plan must
be consistent with the approved size and location for the bus stops. Both sites to be completed
prior to issuance of final occupancy of either major retail store.
In the event any cultural resources are found, after demolition or during construction of new
structures, all work must stop and a qualified archaeologist must be contacted to evaluate the find
and recommend mitigation measures. All measures to be carried out prior to final occupancy of
either major retail store.
The subject site shall be developed substantially as shown on the site plan with modifications per
the site plan review committee conditions, elevation drawings; letter of explanation.
l~c 40-foot setback area along the north side of the 50,000 sq.ft. retail structure shaft be used
solely for emergency access and landscaping.
In the event the existing oil well site near the southwest of Smith's Market is eftminated prior to
construction of Smith's Market, the area shall be used for additionalparking. Also, the Smith's
Market shall be moved south and a 10-foot sideyard landscaped area shaft be created along
Business Center Drive.
The applicant/developer shall construct a 10-foot high masonry waft along the northern property
line from the northwest corner of Smith's Market to the northeast corner of the 50,000 sq.ft. retail
store. The waft may be reduced to 6 feet high along the remainder of the property line (see
Figure i for the detail).
The applicant/developer shall allow access to the Smith's Market property from the Viftage
Lane/Stockdale Highway intersection.
The existing Occidental Building shall be demolished and all improvements to the entire site shall
be completed within 6 months of issuance of a Certificate of Occupancy or final inspection, which
ever occurs first, for Smith's Market.
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 4
Site Plan Review Conditions:
"A" CONDITIONS: This category contains conditions that require specific alterations to your plans.
These changes must be reflected on the plans required by the Building Department for plan check. The
Building Department will not begin plan check until all "A" Conditions atv correctly indicated on the plans
submitted for plan check.
Designate a fire lane, per City requirements, as shown on the attached site plan. Please indicate
spacing between signs to meet City standards. (Fire)
2. Show all fire hydrant locations and required fire flows on site plan. (Fire)
All conditions associated with GPA 4-93, Segment II and Zone Change #5516 shall be met.
(Engineering Services)
Provide lighting for the parking area and submit layout along with description of light fixtures as
per Title 17.58.060 A of the Municipal Code. Design and arrange the lights to reflect away from
the adjacent residential properties and streets. All light fixtures shall be located between 15' and
40' above grade. Lighting proposals must be approved before Building Department will begin
plan check. (Planning and Building)
5. Construct new connection(s) to a public sewer. (Engineering Services)
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. (Engineering Services)
Street return type approach(es), if used, shall have minimum 30' radius returns with throat width
as shown. (Traffic Engineering)
8. Show two-way drive aisles with a minimum width of 24 feet. (Traffic Engineering)
Show two-way parking aisles with a minimum width of 25' to provide proper backup space for
right angle parking. (Traffic Engineering)
10. Show typical parking stall dimensions (9' x 18' standard). (Traffic Engineering)
11. Provide traffic signal modification plan for Village Lane signal. (Traffic Engineering)
12. No median opening on California Avenue. (Traffic Engineering)
13.
Provide 150' minimum turn lane storage with 90' bay taper for each driveway on Stockdale
Highway with 200' minimum storage for right turn lane at California Avenue. (Traffic
Engineering)
"B" CONDITIONS: This category consists of conditions that must be satisfied before
the Building Department will begin checking plans submitted for plan check.
Contact Fire Safety Control Division, 1729-22nd Street, (Fire Prevention Bureau) for fire and
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 5
7.
8.
9.
10.
11.
12.
13.
safety requirements. Provide one (1) set of building plans showing required plan corrections to
Fire Safety Control (Fire Marshal, (805) 326-3951). (Fire)
Install six fire hydrant(s) as shown on attached plans prior to final site plan approval. (Fire)
Provide three copies of the grading plans with two copies of the preliminary soils report to the
Building Department. (Engineering Services and Building)
Show how site is to be drained. (Building)
A drainage study shall be required, the study shall demonstrate that the amount of run-off from
the proposed center is not in excess of the amount of run-off originally generated from the
previous use. (Engineering Services)
Provide side yard setback dimensions used for unlimited area increases. (Engineering Services)
A landscape plan and specification for irrigation shall be submitted to the Planning Department
for approval prior to final site plan approval. (Planning)
A Parcel Map Waiver is required to eliminate old lot lines from the subject parcel. (Planning)
The Sanitation Division must be contacted to work out an alternate solution that will allow safe
collection. (Sanitation)
A complete disclosure statement as to space allocation in proposed development is necessary to
allow proper evaluation of proposed refuse containment areas. (Sanitation)
Consult with Traffic Engineer regarding truck routing on-site and truck routing on public streets.
(Traffic Engineering)
Mitigation of traffic impacts as identified in the traffic study and by Public Works Department.
(Traffic Engineering)
Traffic studies shall include the following:
Identify project percentages for all the mitigation improvements. Our conditions list could
be used as a basis.
An engineer's estimate must be developed to apply the percentages for those items that
are to be paid as a fee. It would also help with the items that are to be constructed.
An origin/destination study for the Montclair/Marella/Easton corridor to determine the
extent of out of area traffic there and projections of project traffic and its effect.
Multi-way stop study of the intersection of Montclair/Mmella as a minimum. Other
intersections may be studied too.
Because of the existing heavy mid-day peak, the study shall include mid-day peak analysis
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 6
in addition to the PM peak.
"C" CONDITIONS: This category consists of informational notes that might be helpful to you. It also
contains conditions that must be satisfied sometime after plan check is begun. The deadline for complying
with each of these conditions is specified in the condition.
The following conditions pertain to your project based on the plans submitted. Any errors or
omissions on plans submitted could alter these conditions or void this application.
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 pondlug at all times. Barricades must be placed
where ditches and barriers exist in roadways. Emergency vehicle access must be reliable at all
times. (Fire)
2. Based upon available information, fire flow requirement may be 3,500 gallons per minute.
All persons required to furnish fire hydrants are hereby required to purchase the required fire
hydrants from the City of Bakersfield. (Fire)
Post the designated fire lane as required by the City prior to occupancy of any portion of any
building. (Fire)
Provide the Fire Department with one set of approved water plans prior to the issuance of any
building permit. (Fire)
Areas adjacent to all Fire Department connections shall be identified by yellow stripes as per
Bakersfield Municipal Code 15.64.140 (d). (Fire Department)
Contact Building Department for any proposed signage. Review does not include signage. A
separate permit is required for all new signage, including construction signs. (Building)
Structures exceeding 10,000 square feet in area shall be constructed with an automatic fire
sprinkler system throughout. (Building)
Provide fire resistive wall construction details for exterior walls of buildings at property line.
(Building)
9. Show compliance with all handicap requirements as per State Building Code. (Building)
10. A final soils report shall be submitted prior to issuance of a building permit. (Building)
11.
An Acoustical Consultant shall design the structures within the project to mitigate noise exposures
of 60 dB or greater in accordance with the CNEL contours and Title 24 of the California
Administration Code. (Building)
12. School district fees will be assessed at the time of issuance of a building permit. (Building)
13.
Submit for all necessary approvals from the Kern County Environmental Health Services
Exhibit"A"
GPA4-93, Seg. II;ZoneChange#5516
Page 7
Department located at 2700 "M" Street for any food handling facility, (such as a market or a
restaurant) prior to issuance of a building permit. (Building)
14. The parking required for this project has been computed as follows:
Phase I:
Bldg. A (Retail)
Bldg. B (Retail)
F~xst. C (Restaurant w/bar)
Exst. D (Restaurant w/bar)
35,000 sq.ft. = Area/200 = 175 stalls
34,900 sq.ft. = Area/250 = 140 stabs
4,491 sq.ft. = Area/250 = 18 stalls
8,000 sq.ft. = Area/50 = 160 stalls
10,000 sq.fi. = Area/50 = 200 stalls
.Subtotal:
Phase II:
92,391 sq.ft. = 693 stalls
Bldg. A (Retail) 50,000 sq.ft. = Area/250 = 200 stalls
Bldg. B (Retail) 6,219 sq.ft. = Area/250 = 25 stabs
Bldg. C (Restaurant w/bar) 7,000 sq.ft. = Area/50 = 140 stalls
Bldg. D (Retail) 8,000 sq.ft. = Area/250 = 32 stalls
Subtotal:
71,219 sq.ft. = 397 stabs
(Planning)
TOTAL REQUIRED
= 1,090 stalls
15.
Approved landscaping shall be installed prior to final building inspection or occupancy of any
building. Landscape inspections are on Fridays. Call Dave Dow at 326-3733 prior to the Friday
you wish your inspection. (Planning)
16.
Prior to occupancy, sub-standard off-site improvements shall be reconstructed to city standards or
repaired as directed by the City Engineer. Call construction superintendent at 326-3050 to
determine extent. (Engineering Services)
17.
A sewer connection fee shall be paid prior to issuance of a building permit. The fee will be based
on the current adopted charges at the time of issuance of the building permit. (Engineering
Services)
18.
A transportation impact fee for regional facilities shall be paid prior to final inspection and/or
occupancy and shall be based on the rate in effect at the time the fee is paid. Based on the rate
schedule in effect for the 1992-1993 fiscal year and the proposed project use, a rate of $28 to $39
per vehicular trip would be anticipated depending upon the particular building site within this
project. Upon submission of construction plans for the project, the Public Works Department will
provide an estimate of the total fee. (Engineering Services)
19.
A permit from the Public Works Department is required prior to any work within city right-of-way
(street, alley, easement). A copy of the approved site plan with conditions shall be submitted to
the Public Works Department at the time of application for a permit. (Engineering Services)
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 8
0.
Facilities which require infectious waste services shall obtain approval for separate infectious waste
storage areas from the Kern County Health Department; in no case shall the refuse bin area be
considered for infectious waste containment purposes. (Sanitation)
21.
Facilities which require grease containment must provide a storage location separate from the
refuse bin location. (Sanitation)
22.
Facilities which participate in recycling operations shall provide a location separate from the
refuse containment area for such activities. (Sanitation)
23.
This project is subject to Planning Commission Resolution 55-83 and Council Resolution 111-83,
which requires developers of major retail projects to pay a share of the costs for area-wide
improvements to public facilities. This share of costs shall be paid prior to issuance of a building
permit. (Traffic Engineering)
Public Works Deoartment Conditions:
Upon further subdivision or with the first site development, the developer shall pay to the City a
fee for his proportionate share of the cost of:
a)
Construction and right-of-way acquisition to widen the following street segments to three
lanes (including modifications to traffic signals where required):
Street
Limits Project %
Stockdale Hwy., EB
Stockdale Hwy., EB and WB
New Stine Rd., NB and SB
California Avenue, SB
California Avenue, SB
Stockdale Hwy., EB and WB
New Stine Rd./500 ft. east (intersection expansion) 4.3%
New Stine Rd./500 ft. west (intersection expansion) 4.3%
Belle Terrace/Stockdale Highway 4.3%
Stockdale Highway/Business Center Drive 4.3%
Right-turn lane at Stockdale Highway 4.3%
Real Road to California Avenue (median narrowing) 4.3%
b) Modification/reconstruction of the following traffic signals:
Intersection Project %
Stockdale Highway and Real Road 1.1%
California Avenue and Mohawk Street 1.7%
The fee shall be paid at the time of obtaining a building permit and shall be based on an estimate
prepared by the developer and approved by the City Engineer.
Upon further subdivision or with the first site development, the developer shall obtain right-of-way
and construct the following improvements:
Exhibit "A"
GPA 4-93, Seg. II; Zone Change #5516
Page 9
a)
Widen the north side of Stockdale Highway between the east project boundary and
California Avenue to three lanes plus a westbound to northbound right-turn lane at the
California Avenue intersection.
b)
Construct right turn storage lanes for all existing and proposed drive approaches along the
north side of Stockdale from the east end of the project frontage to California Avenue.
Depending upon driveway location, this may require construction beyond the east
boundary of the project.
c)
Remove all existing striping on Stockdale Highway between California Avenue and Real
Road, eastbound and westbound, and restripe the pavement for 6 lanes with bikelanes.
Transitional restriping at each end of this street segment will also be required.
d)
Widen the east side of California Avenue between Stockdale Highway and Business
Center Drive to three lanes northbound.
Upon further subdivision or with the first site development, the developer shall modify the
following traffic signals as indicated:
a)
Stockdale Highway and Village Lane - Modify for full operation of major driveway with
right turn lane to commercial center.
b)
California Avenue and Stockdale Highway - Modify as required by the construction in
item 1. above.
e)
Stockdale Highway intersections between Real Road and California Avenue - Add
vehicle detection for the additional lanes required in items a. and 2. above.
Upon further development or subdivision of the project area, the owner shall pay all costs for
establishing a new landscape maintenance district or inclusion of the project area into an existing
landscape maintenance district.
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EXHIBIT B
HR
~ DEMARET
9.307
GENERAL PLAN AMENDMENT
4-93. SEGMENT II
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